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10-09-90 OCTOBER 9, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:07 P.M., Tuesday, October 9, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Mary McCarty Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner William Andrews Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Robert Finch, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested that Item 8.M. be added to the Consent Agenda, to appoint a Bond Registrar to replace David Huddleston, Finance Director, and suggested appointing the City Clerk as alternate. He also requested that Item 8.B. be deleted from the Consent Agenda. Ms. McCarty moved for approval of the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Dr. Alperin moved for approval of the minutes of the Special Meeting of September 17, 1990, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin commented there was a typographical error on the top of Page 8 in the minutes of September 25, 1990. Ms. McCarty moved for approval of the minutes of the Regular Meeting of September 25, 1990, as corrected, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations. A. Mayor Lynch read and presented a proclamation proclaiming the week of October 19 - 27, 1990, as "Shrine Hospital Days". B. Mayor Lynch requested that the proclamation for "National Red Ribbon Week" be presented at the next Regular Commission meeting as it actually begins that week. C. Mayor Lynch read and presented a proclamation proclaiming October 23, 1990, as "Atlantic High School Eagle-ette Day". A represen- tative thanked Mayor Lynch and presented a short video in which the Eagle-ettes expressed their appreciation. 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Acceptance of County Deed. The Commission is to consider acceptance of a County deed conveying roads previously annexed into the City. Approval is recommended. 8.B. Lease Agreement. DELETED. 8.C. Service Authorization No. 4. The Commission is to consider Service Authorization No. 4 to the contract between the City and CH2M Hill for engineering services necessary to provide water and sewer services to previously annexed areas (Lake Ida, Germantown Road and North Federal Highway) in the amount of $218,811 with funding from the Water and Sewer $8 Million Line of Credit (Account No. 444-5167-536-33.11). Approval is recommended. 8.D. Approval of Computer Study Agreement. The Commission is to consider approval of an agreement between the City and the Florida Center for Public Management in an amount not to exceed $17,560 to perform a study to assess the City's computer system and automation needs. Funding is available in Management Information Systems Consult- ing (Account NO. 001-1811-513-33.15). Approval is recommended. 8.E. Third Annual "Harvest Fest". The Commission is to consider approval of a request from the Atlantic Avenue Association to hold the "Harvest Fest" celebration on Atlantic Avenue on November 17 and 18, 1990. Approval is recommended. 8.F. Annual Halloween Sidewalk Sale. The Commission is to consider approval of a request from the Atlantic Avenue Association to conduct their Halloween Sidewalk Sale on October 26th and 27th on Atlantic Avenue between Swinton Avenue and A-1-A. Approval is recommended. 8.G. Resolution No. 94-90. Resolution No. 94-90, assessing costs for abatement action required to demolish an unsafe structure at 712 S. W. 2nd Terrace, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 94-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF -2- 10/9/90 ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 94-90 is on file in the official Resolution Book) H. Resolution No. 95-90. Resolution No. 95-90, assessing costs for abatement action required to demolish unsafe structures at 214-216 S. W. llth Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 95-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 95-90 is on file in the official Resolution Book) 8.I. Resolution No. 96-90. Resolution No. 96-90, assessing costs for abatement action required to prepare an unsafe structure at 256 N. W. 9th Avenue for demolition by disconnecting sewer service, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 96-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. -3- 10/9/90 (Copy of Resolution No. 96-90 is on file in the official Resolution Book) 8.J. Resolution No. 97-90. Resolution No. 97-90, assessing costs for abatement action required to demolish unsafe structures at 720 North Lake Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 97-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 97-90 is on file in the official Resolution Book) 8.K. Resolution No. 98-90. Resolution No. 98-90, assessing costs for abatement action required to prepare an unsafe structure at 1010 S. W. 7th Avenue for demolition, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 98-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 98-90 is on file in the official Resolution Book) 8.L. Award of Bids and Contracts. -4- 10/9/90 1. Automated Sign Maker - Traffic Division - Tubelite Company in the amount of $20,461 with funding from Traffic Operations/Machinery and Equipment (Account No. 001-3141-541-60.82). 8.M. Appointment of Bond Registrar. The Commission is to consider the appointment of the Director of Finance and the City Clerk to act and serve as registrar for those bonds which have not named a separate financial institution to serve as registrar. Approval is recommended. Ms. McCarty moved for approval of the Consent Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 9.A. Site Plan Approval. The Commission is to consider a request for site plan approval for Congress Industrial Service Center, a pro- posed light manufacturing office and storage facility to be located on a 1.7 acre parcel on the east side of Congress north of N. W. 1st Street. P&Z Board recommends approval, subject to the following conditions: 1. Submittal of a revised site plan incorporating the following: a. A sidewalk along N.Wo 18th Street. b. A 5' ramp adjacent each handicap space. The 5' ramp is in addition to the 12' handicap space. c. Angling of the dumpster for easier access. 2. Submittal of a revised landscape plan accommodating the following: a. Relocation of trees and hedging against both the east and west elevations of the building. b. A lighting plan on the landscape plan to verify no conflicts are proposed. Ms. McCarty moved for approval of the site plan, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.B. Final Plat Approval. The Commission is to consider a request for final plat approval for Wallace Square, a proposed, three parcel, residential development located on the south side of Thomas Street between Seabreeze and Andrews Avenue. P&Z Board recommends approval. Ms. McCarty moved for approval of the final plat, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 9.C. South Central Regional Wastewater Treatment and Disposal Board (SCRWTD) Operatinq Budget. The Commission is to consider further -5- 10/9/90 modifications to the SCRWTD Operating Budget and, if appropriate, ratification of a modified budget document. Mr. Randolph stated the South Central Regional Wastewater Treatment and Disposal Board does have a budget now and the plan can continue operation under the 1990/91 budget. Mr. Randolph moved Commission ratification of the action taken by the Board this afternoon for approval of the budget, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.D. Public Utilities Building Renovations. The Commission is to consider approval of an agreement for architectural services with Digby Bridges, Marsh and Associates, for the renovations of the Public Utili- ties Building in an amount not to exceed $4,500 with funding from Water and Sewer Buildings (Account No. 441-5161-536-60.31). City Manager recommends approval. The City Manager stated this matter was discussed by the Commission during a worksession last week to renovate this building in order to accommodate the offices of the City Attorney. The reason this is on the agenda is for contract approval with Digby Bridges and Marsh, for a maximum of $4,500. Ms. McCarty moved for approval of the Public Utilities building renovations to Digby Bridges, Marsh and Associates, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.E. Appointment of Two Members to the Board of Construction Ap- peals. The Commission is to approve a Seat 2 appointment of a member to a one-year term in the vacant general contractors position and a Mayoral appointment of a member to a two-year term to the vacant general con- tractors position on the Board of Construction Appeals. Dr. Alperin moved to appoint Scott Atkinson, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch requested that his appointment be deferred to the next Regular meeting of October 23, 1990, and in the meantime, perhaps the Commission will be able to locate persons who would be interested in becoming applicants for this board. FIRST READINGS 12.A. Ordinance No. 48-90. Ordinance No. 48-90, amending the Code of Ordinances by repealing Section 92.32 "Dockage Agreement" and enacting a new Section 92.32 to provide for a Marina license agreement and updated Marina rules and regulations, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 23rd. -6- 10/9/90 The City Manager presented Ordinance No. 48-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, TITLE IX, "GENERAL REGULATIONS", CHAPTER 92, "BOATS AND BOATING", SUB- HEADING, "CITY MARINA", SECTION 92.32, "LICENSE AGREEMENT FOR BOAT DOCKAGE"; TO PROVIDE THAT A LICENSE AGREEMENT MUST BE EXECUTED BY EACH LICENSEE OF DOCK SPACE AT THE CITY MARINA; TO PROVIDE THAT THE FORM AND TERMS OF THE LICENSE AGREEMENT SHALL BE APPROVED BY THE CITY COMMISSION AND SHALL BE KEPT ON FILE FOR PUBLIC INSPECTION OF ITS TERMS AND CONDITIONS AT THE OFFICE OF THE CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT; BY REPEALING SECTION 92.34, "RULES AND REGULATIONS", TO PROVIDE THAT ALL LICENSEES AT THE CITY MARINA ARE SUBJECT TO RULES AND REGULATIONS AS PROMULGATED AND APPROVED BY THE CITY COMMISSION, SAID RULES TO BE POSTED AT THE CITY MARINA AND FURTHER PROVIDING THAT A COPY OF THE RULES AND REGULATIONS SHALL BE DISTRIBUTED TO ALL LICENSEES AND KEPT ON FILE IN THE OFFICE OF THE CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT FOR PUBLIC INSPECTION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated the purpose of this ordinance is to clean up the City Marina licenses. Prior to this, it had been main- tained they were license interests and not leasehold interests, but there were vestiges of leases within the prior documentation. The first motion for the Commission would be to approve the ordinance on First Reading; the rules and form of the license agreement can be approved at the Public Hearing on Second and FINAL Reading. Jean Beer, 945 Tropic Boulevard, questioned if people who live on board their vessels are required to pump their tanks, as opposed to allowing this sewage to be pumped directly into the Intracoastalo Joe Weldon, Director of Parks and Recreation, advised there are two separate areas in the ordinance that prohibit persons from pumping raw sewage into the Intracoastal. At the time Ms. Beer questioned him, pumping facilities were not available to those persons. The City does, however, provide restrooms for those people. He further stated, under Article 14, it states "the owner represents and warrants that the owners shall comply with the Federal Water Pollution Control Acts, prohibiting discharge of oil, oily waters or untreated sewage". The City Attorney commented that is part of the license agree- ment to be executed and, if that is violated, they will be subject to being removed from the City Marina. Upon question by Mr. Randolph, the City Attorney stated he is not familiar with the Federal Statute referenced, but there is a Federal -7- 10/9/90 prohibition of discharge of untreated sewage and it would be subject to that. Dr. Alperin moved for the adoption of Ordinance No. 48-90 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 12.B. Ordinance No. 49-90. Ordinance No. 49-90, amending the Code of Ordinances by enacting a new Section 8.4.16 "Stormwater Management Assessments" to provide the method for imposing and collecting annual Stormwater Management Assessments; enforcing collection of delinquent assessments and calculating assessment rates, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 13th. The City Manager presented Ordinance No. 49-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.4.2, "DEFINITIONS", BY ENACTING A NEW SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS"; PROVIDING FOR DEFINITIONS; PROVIDING A METHOD OF IMPOSING AND COLLECTING ANNUAL STORMWATER MANAGEMENT ASSESSMENTS FOR THE BENEFIT OF THE CITY OF DELRAY BEACH'S STORM- WATER MANAGEMENT PROGRAM; PROVIDING A METHOD OF ENFORCEMENT OF DELINQUENT STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING FOR PUBLIC HEARINGS AND NOTIC- ES; ESTABLISHING A BASIS OF CALCULATION OF STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch questioned the date of November 13 for Final passage. The City Attorney advised the Ordinance can be adopted on Second and FINAL Reading at the Regular Meeting of October 23rd. There will be a subsequent Public Hearing on November 13th concerning the adoption of the Stormwater Utility Budget, the assessment roll and the rate. Sam Schwimer, Pines of Delray, stated their condo is in the process of preparing their budget for the coming year and, in order to do that, it is necessary for them to know what the assessment is going to be, as their water and sewer bill is paid by the Association as a portion of the maintenance fee. Mayor Lynch stated that it is a $24.00 charge per ERU but, being a condo, the charge will probably be about $14.00 and it will be billed directly to each individual property owner. The City Attorney advised this bill is not being incorporated with the water and sewer bill this year. Mayor Lynch stated the bill will be on the property tax bill commencing with the second year. The City Manager -8- 10/9/90 stated a letter is being sent to Presidents of Homeowners Associations and Condominium Associations requesting an opportunity to meet with them, make presentations and answer questions. Dr. Alperin moved for the adoption of Ordinance No. 49-90 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.C. Ordinance No. 50-90. Ordinance No. 50-90, amending the Code of Ordinances by enacting new Sections 96.65 and 96.66 to provide for the imposition of flat rate fees for the use of basic life and advanced life support services, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 23rd. The City Manager presented Ordinance No. 50-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIRE- WORKS", BY ENACTING A NEW SUBHEADING, "EMERGENCY MEDICAL SERVICES", BY ENACTING A NEW SECTION 96.65, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS; BY ENACTING A NEW SECTION 96.66, "EMERGENCY MEDICAL SERVICES; FEES"; TO PROVIDE FOR THE IMPOSITION OF FEES ON A FLAT RATE BASIS FOR THE USE OF BASIC LIFE SUPPORT SERVICES AND ADVANCED LIFE SUPPORT SERVICES; BY ENACTING SECTION 96.67, "BILLING AND COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND ATTORNEYS' FEES"; PROVIDING A SAVINGS CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Richard Eckerle, resident, stated that he questioned one of the Firemen, after a CPR demonstration at the Woodlake Clubhouse, and was told that upon transporting a patient to the hospital, their oxygen and supplies are renewed at that time and the hospital gets the billing. He questioned the possibility of double billing or how this is to be enforced. He also questioned if this is a charge for supplies, or does it include a basic charge for the call. Kerry Koen, Fire Chief, stated there are certain changeouts, but they are not as extensive as they were originally. The money being collected through this ordinance is for the budgetary items that are not exchanged. Mr. Randolph moved for the adoption of Ordinance No. 50-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12.D. Ordinance No. 51-90. Ordinance No. 51-90, amending the Code of Ordinances by amending Subsection 35.090 (A) to provide that former Department Heads who had opted out of the General Employees Retirement -9- 10/9/90 Plan shall not be eligible to participate in the plan and providing the Assistant Director of Environmental Services/Public Utilities and Assistant Director of Environmental Services/City Engineer with the option to "opt out' of the Plan, provided that those positions are filled prior to January 1, 1991, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held October 23rd. The City Manager presented Ordinance No. 51-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRA- TION'', CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS" SUBHEADING "RETIREMENT PLAN", SECTION 35.090, "ELIGI- BILITY; PARTICIPATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SUBSECTION 35.090(A) TO PROVIDE THAT FORMER DEPARTMENT HEADS WHO HAD OPTED OUT OF THE RETIREMENT PLAN SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE PLAN AND FURTHER PROVIDING THAT THE ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC UTILITIES AND ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER IF HIRED PRIOR TO JANUARY 1, 1991, MAY ELECT NOT TO PARTICIPATE IN THE RETIREMENT PLAN; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated this ordinance is for the purpose of maintaining the status quo in the reorganization when Department Heads went from 17 to 10. There had been a provision in the General Employees Pension Plan that, once a person became a Department Head, they might opt out. There are a couple of positions, i.e., City Engineer and Public Utilities Director which had been formerly considered Department Head positions and are now going to be under a Department Head, i.e., Director of Environmental Services. They were recruited with the understanding that they would be able to participate in this plan. Ms. McCarty moved for the adoption of Ordinance No. 51-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.Aol. Mr. Randolph stated he has had an opportunity to speak with a lot of people since the Food Recovery discussion at the last Workshop. At the time of that meeting, he indicated to the City Manager that he did not want staff to be extensively involved in the program. However, he feels that, unless staff is involved to a certain degree, it will appear that the City is not endorsing the program and he does not want that to happen. The City Manager stated the goal of staff involvement is to see the program get underway and be successful. If additional support from -10- 10/9/90 staff is needed, in addition to the anticipated volunteers, he will return to the Commission with his request. Dr. Alperin stated it is his understanding that the Commission gave their endorsement at the Workshop meeting and that it is a volun- teer program. When paid individuals become involved in volunteer programs, he feels the work load is often shifted to them because they are getting paid. Therefore, he feels staff should get involved only in helping to select the right people to run the program. Upon question by Ms. McCarty, Mr. Randolph commented his definition of staff being "actively" involved means that, at appointed times, staff should be able to review the program and see how it is progressing. If there should be some way staff could assist the volun- teers, he feels that should be allowed. However, he does not want staff replacing the volunteers or refusing to help. The City Manager stated, to his knowledge, Dade County is the only other local government that is attempting this program and feels this speaks well of the City of Delray by indicating a positive inter- est. 13.A.2. Ms. McCarty stated two Police Officers have been called to active duty as a result of the Middle East crisis and understands they are paid by the National Guard or whoever called them to active duty. She questioned if the City makes up the difference between that salary and the salary of the City. The City Manager stated he has authorized the contribution of sick leave or vacation if employees would like to donate to those persons. The State law also provides that the City may, for the first 30 days, continue the person's salary. He has received a request from the Police Department to do just that and he will bring that before the Commission for consideration at the next meeting. 13.A.3. Ms. McCarty commented there is a memo from the City Attorney regarding the Board of Adjustment meeting times. They have requested that the time be changed. The City Attorney stated the Board does not have a problem with meeting after 5:00 P.M., but there is a conflict with one board member. Ms. McCarty stated she feels the Commission needs to be consistent and it should stay the way it is. The Commission concurred. 13.A.4. Mayor Lynch stated he feels it should be announced that anyone interested in being appointed as a replacement for Ms. McCarty, upon her resignation, should give their name to the City Manager's office, who will then supply a list to the Commission for their consideration. Ms. McCarty stated her resignation will become effective November 13th. 13.A.5. Mayor Lynch commented that he feels the City should pursue the water situation at Morikami with the County Commission to see if the rights can be obtained to use the water for reserve wells, etc., and suggested staff look at this to learn what type of agreement would need to be drawn up. The City Manager responded that this is being actively pursued and he will give the Commission a status report. -11- 10/9/90 13.A.6. Mayor Lynch reiterated his comments regarding the Drug Abuse Program and would like to start this off with the new Police Chief and the new center being built on Swinton Avenue in the old Baptist Church area in order to eliminate some of the drug problem facing the City. 13.A.7. Mayor Lynch stated he received a complaint from a resident regarding Waste Management who called City Hall and was referred to Waste Management. He questioned if it is City policy to have the public call a subcontractor, as opposed to calling the subcontractor ourselves, to make sure they are doing their job properly. The City Manager advised when a call of that nature is received, the City should handle it. 13.A.8. Mayor Lynch stated a letter has been received indicating the railroad would like to commence using the whistle again and he hopes the Commission would concur in stopping the whistle, at least on the east. Hopefully, some day in the future, CS&X will also stop the whistles on the west, at least during a certain period during the night. The City Manager stated it will be on the agenda for discussion next week. 13.A.9. Mayor Lynch expressed the feeling that the Commission should go on record, or at least discuss, opposing the Solid Waste Authority's proposal for the household dump area on Congress Avenue and Lake Ida Road. 13.A.10. Mayor Lynch stated there is a new building going up on Federal Highway near the 600 block going north and is to be a hamburger place. It is located in the CRA district, but no one from CRA seems to be familiar with how this was approved. He recommended the Commissioners look at this building at their convenience. 13.B.1. The City Attorney stated he handed out a memo regarding the hiring of a temporary clerk-typist to assist with filing and computer input by taking advantage of the Atlantic High School Coop program, as suggested by Mayor Lynch. Funding will come from a part-time line item, originally allocated for a summer law clerk. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10.A. Ordinance No. 41-90. Ordinance No. 41-90, amending the Code of Ordinances by reducing the fee for sanitation pickup for residential customers and increasing the fee for sanitation pickup for commercial customers throughout the City, is before the Commission for considera- tion 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. The City Manager presented Ordinance No. 41-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE -12- 10/9/90 OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SER- VICE; AND TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMER- CIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 41-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Schwimer commented that, at one time, he understood that condos, such as the Pines of Delray, are considered commercial and requested confirmation and what the rates will be, since they use a dumpster. The City Manager responded that condominiums are considered residential and the Solid Waste Authority will bill for residential units. Assistant City Manager Barcinski confirmed the statement that condominiums are considered residential. The City Manager advised that the rates for the Pines of Delray will come under the monthly container charge or $132 per month for each six yard container collected twice a month. Mr. Schwimer questioned if the tipping fees by the Solid Waste Authority have been eliminated. The City Manager stated the tipping fee will be charged for commercial. Vi Hinchliffe, 1112 N. W. 4th Avenue, stated the residents in her area pay a slightly higher rate to allow for garbage only to be collected on the side of the house. She does not mind the fee but does not understand the logic. On many occasions it has been forgotten, making it necessary for her to call for pickup. She suggested this be looked at. Ms. Beer commented that the same thing happens in her area and cans are not returned to the rear of the house. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 41-90 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. 10.B. Request for Waiver of the Sign Code. The Commission is to consider a request from Mount Olive Missionary Baptist Church for waiver of the Sign Code to permit a 32 square foot monument sign within the setback of their property at 40 N. W. 4th Avenue. Prior to -13- 10/9/90 consideration of request for this waiver, a public hearing has been scheduled to be held at this time. The City Manager stated this is a request from the Mt. Olive Baptist Church to have a 32 square foot sign in place of the 20 square feet normally allowed in the spot they wish it to be placed. Reverend Lenard C. Johnson, Pastor, stated the sign, which they ordered prior to learning the Code, has not yet been constructed. Upon question by Ms. McCarty, Rev. Johnson explained it would create a hardship with regard to the purpose. The City Attorney stated that the Community Appearance Board recommended that a 24 square foot or a 28 square foot sign be used, but that, too, would require a variance. Reverend Johnson stated he is highly concerned about his community and he is making an attempt to create the sort of environment in the area of this church in order that it will be competitive with the areas that are being improved in the City. He feels, the propose~ building he is trying to erect, will provide several ministries to help control or eliminate many of the undesirables in the area. The sign will brighten this section that is now very dark, in addition to sup- plying the neighborhood with community announcements and programs of the church and the City, so he does not want it to become hidden behind the proposed structure. Lula Butler, Director of Community Improvement, stated staff supported approval of this request because this church has been located there for a very long time and cannot accommodate the current setback requirements. Upon question by Mayor Lynch, Ms. Butler advised that the Engineering Department has made a sight visit and there will be no problem with traffic vision. Ms. McCarty moved to approve the request for waiver, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Said motion passed with a 4 to 0 vote. 11. (Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings). 11.1. Arthur Jackel, resident, stated he recently read an article by Wayne Ezell, Editor of Delray Beach News, and he quoted an item regard- ing cultural ethnic racial mix. He agrees with Mr. Ezell in the need for a more efficient and caring City. 11.2. Jean Beer stated, it is her understanding, that either West Palm Beach or Palm Beach County is authorizing the Police to ticket Code violations on weekends and questioned why the City of Delray cannot do the same. Ms. Butler advised there is a systematic form that will be used throughout the County and her office has just received this. She will soon be bringing it before the Commission for consideration. The City Attorney advised, to the best of his knowledge, this has not been done -14- 10/9/90 anywhere else, because the County just recently approved the uniform citation and they can now be cited by the Police officers. 11.3. Ms. Beer stated there are a lot of empty stores in downtown Delray; however, there is not one store that sells dress goods and sewing supplies. She questioned if there is not someone from the CRA or the DDA who can approach this company (from which she has brochures) and request they locate in the City of Delray. Mayor Lynch advised there will be a meeting Wednesday, October 17th at 5:30 P.M. with the CRA, the DDA, the Atlantic Avenue Association and the Chamber of Commerce to discuss the vacancy situations in downtown Delray. 11.4. Ms. Beer stated there was an item brought up at the Neighbor- hood Task Force meeting regarding statistics of the unemployed by sex, age or skill. She feels since the City has industrial areas, Germantown Road is zoned for industry and light manufacturing is available; but if the City is unaware of the labor pool potential, it is difficult to sell. 11.5. Lorraine Kasper, resident, commented that it is very difficult to get a street light replaced in the City. Mayor Lynch stated the procedure will be checked and, if necessary, those persons will be reminded of the procedure. 11.6. Ms. Kasper stated that when LaMat was changed to Tropic Bay Boulevard, some signs were removed and they have been lying along the side of the street in the swale for four months. Mayor Lynch declared the meeting adjourned at 7:30 P.M. JCity Clerk / 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 October 9, 1990, which minutes were formally approved and adopted by the City Commission on OC~f~ ~ City C~rk' ' NOTE TO READER: -15- 10/9/90 If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -16- 10/9/90