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10-16-90SpMtg OCTOBER 16, 1990 A Special 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, October 16, 1990. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner Mary McCarty Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Mayor Lynch called the meeting to order and announced that this meeting has been called for the purpose of considering the following: 1. Resolution No. 99-90. Resolution No. 99-90, supporting the Florida Food Recovery Program and the creation of a local program to benefit the citizens of Delray Beach, is before the Commission for consideration. The City Manager presented Resolution No. 99-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE FLORIDA FOOD RECOVERY PROGRAM AND THE CREATION OF A LOCAL PROGRAM TO BENEFIT THE CITIZENS OF DELRAY BEACH. (Copy of Resolution No. 99-90 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 99-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 2. Resolution No. 100-90. Resolution No. 100-90, supporting the ~nited States Tennis Association's Junior Program relocating to the City of Delray Beach, is before the Commission for consideration. The City Manager presented Resolution No. 100-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF THE UNITED STATES TENNIS ASSOCIATION RELOCATING THE UNITED STATES TENNIS ASSOCIA- TION'S JUNIOR PROGRAM TO THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 100-90 is on file in the official Resolution Book) The City Attorney stated this resolution concerns the potential relocation of the United States Tennis Association's Junior Program to the Layer's site. It is his understanding that the Tennis Association is going to be making the decision on the location in the near future, possibly by October 18th. Mayor Lynch suggested, on the fourth item of the resolution, adding the fact that the Florida State Closed Championship has been held in Delray for many years and is the highest ranking tennis tournament in the State of Florida. Mr. Andrews commented that he would like to be assured that this program will be located at Laver's for this particular program. The City Attorney advised that was not specifically stated, or intended, within this resolution; however, if the Commission concurs, it can be added to the resolution. There were a number of contingencies and, it was his understanding that the City was not fully committed to the Laver site. Upon question by Mr. Andrews, the City Attorney stated one contingency would be the acquisition of the property. Daniel Rosenbaum, Attorney for the Delray Racquet Club Associ- ation, stated they welcome the USTA and support the resolution. In the past, they have felt that the subject matter of this proposed acquisi- tion was not always handled in a manner that was sensitive to the needs of the owners. Mr. Randolph moved for the adoption of Resolution No. 100-90, subject to the addition of the language regarding the Florida State Closed Championship, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 3. Leave of Absence with Pay for Reservist Recalled to Active Duty. The Commission is to consider granting a leave of absence, with pay, for those reservists that have been recalled to active duty. The City Attorney stated, with regard to the memo he submitted to the Commission, he has not yet received the information he requested from Jacksonville. At this time he feels the City will be able to fund any amount the Commission approves. The two questions before the Commission at this time are: (1) For what length of time should this program last, and (2) To what extent should those benefits be, over and above what they will be collecting while in the reserve. Dr. Alperin stated, it is his understanding, when reserves are called to active duty, they do receive some benefits, but questioned if those benefits extend to their families. The City Attorney stated the City provides no benefits to those reservists when they are recalled, as they are then covered by the Federal Government. By virtue of Florida Statutes, the Commission has the authority to pay them 100% of their current salary for 30 days. He is awaiting information from -2- 10/16/90 Jacksonville, confirming his feeling that the Commission has the author- ity to extend that 30 day period to at least 90 days. Dr. Alperin questioned if the Commission would be setting a precedent for the future that could result in a major risk. The City Attorney advised that it will be a policy created by the Commission that could be eliminated or amended as they choose; or it can be specified for a certain incident. Mr. Randolph stated, it was his understanding after the last meeting, that the City was to make up the difference between the mili- tary pay and the salary paid by the City. With regard to the time frame, he would recommend not going very far beyond the 90 day period without a review of each individual case. The City Manager suggested the Commission add "plus housing and subsistence allowances" in addition to the difference between base pay and military pay. Upon a request for confirmation from Dr. Alperin regarding the use of vacation and sick leave to compensate, the City Manager advised that was done, initially, in order for the reservists to continue to meet their obligations. If the Commission approves the Leave of Absence with Pay, the vacation and sick pay can be restored. Mayor Lynch also requested that, with regard to health insur- ance and COBRA, he would like to be assured that this is coordinated properly and the American General Insurance Company understands the procedure in order that there will be no problem if and when they are reinstated as employees of the City. Upon discussion regarding the amount of funds, the City Manager stated those positions will not be filled, in the meantime, so there is money available in the budget to cover for those salaries. Dr. Alperin moved to approve compensation for City reservists on active duty for the difference between the reservist salary and the City salary for a maximum of 90 days and incorporate the City Manager's definition of reservist salary, that being salaries plus housing and subsistence allowances, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 4. County-wide Traffic Performance Standards Ordinance. The ~6mmission is to consider the adoption of the ordinance regarding the County-wide Traffic Performance Standards. David Kovacs, Planning Director, stated the County Commission is holding a second Public Hearing and Second Reading of their Traffic Performance Standards Ordinance next Tuesday. Mr. Kovacs gave an explanation of the history of the County-wide ordinance. If this is adopted, with all the amendments, it will be more permissive that the one the City has. Mayor Lynch questioned why the burden of proof is on the City when the ordinance basically states that the County supersedes the City. -3- 10/16/90 Mr. Kovacs stated, in the County ordinance, responsibilities are as- signed to the municipalities. Mayor Lynch questioned if it is the responsibility of the developer, or the City, to prove the County Standards are being met. Mr. Kovacs stated the developer is responsible for having the traffic study prepared by a registered engineer who does traffic studies. It is then submitted to a municipal engineer, who reviews the study and makes a determination. The City has the option of sending every traffic report to the County or the City can retain someone to do it. Upon question by Mayor Lynch if the City would be liable in making a determination of whether or not it meets the County standards, Mr. Kovacs stated the person who makes the determination sends it to the County Engineer. If the project has 1000 ADT (Average Daily Traffic) the County Engineer must act on it and gives final approval. If the project is less than 1000 ADT, the County Engineer is not required to comment. There is a mandatory 30-day period before action can be taken. Mr. Andrews expressed concern regarding the over-lapping of professionals and questioned why action cannot be taken to get that message across. Mr. Randolph questioned if the Municipal League has studied, or even discussed, this ordinance. Mr. Kovacs commented that he did not know the answer. In summing up, Mr. Kovacs stated the main things to be consid- ered are (1) the CBD downtown exception process and this may be more appropriate for the CRA to move on; (2) to let the Commission know that the 500 trip exemption disappears and it will be necessary for the City to be more stringent, and (3) to oppose the bureaucracy associated with having no exceptions with small (20,000 feet or less) commercial projects. Mayor Lynch questioned at what meeting this will take place. Mr. Kovacs stated this will be at the Public Hearing of the County Commission on October 23rd. He stated he will speak, on behalf of the City, on the bureaucracy for site plan modifications for the mandatory 30-day review period when a project has no apparent impacts that would require the City to wait for that time frame before taking action. The City Attorney advised that the Commission needs to adopt direction for Mr. Kovacs if he is to speak on their behalf. The Commission concurred that this is a bureaucratic problem, the 30-day minimum time period is a problem and the 500 trips are satisfactory. Mayor Lynch questioned if the Municipal League could be con- tacted with a request to place this on their agenda for support. The City Attorney stated there is a Special Meeting scheduled for October 24th and another joint meeting with the Planning Commission. -4- 10/16/90 Mr. Andrews moved that this is a bureaucratic problem; that in the same rationale that was used for a 200 trip residential project not having to provide a traffic study - neither should commercial projects that are of a small size; that 500 ADT's is an acceptable number as opposed to 200 ADT; and with respect to the referrals to the County Engineer for those projects he does not act on as final authority - that the 30-day waiting period should not be a mandatory waiting period when a municipality deems there are no apparent impacts; that it is necessary to have a CBD and a CRALLS (Constrained Road at a Lower Level of Ser- vice); a GAE (Geographic Area Exception) for the entire CRA area; and a support of schools, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch recommended that, in addition to the motion just made, the Commission give comment to the Municipal League. The Commis- sion concurred in being totally against the County creating the level of bureaucracy through this ordinance. 5. Street Lightening on A1A. The Commission is to consider the street lighting on A1A. The City Manager stated, on the last page of the memo presented to the Commission, there is a graph showing a study of the turtle nests that hatch during the night-time hours. A discussion was held regarding the times when the lights could be on and, based on the information available in trying to balance the interest of pedestrians who use A1A and property owners against the interest of preserving turtles, he suggested the lights be allowed to remain on until 8:00 P.M. and turn them on again at 6:00 A.M. However, it will probably take longer than two weeks to obtain the materials necessary to implement this process. He also stated that they are continuing to investigate other solutions. Upon question with regard to cost, the City Manager stated, if all 38 lights were changed, the cost would be approximately $1,900. Mr. Andrews moved to install the photocell fixtures on all light poles, pending any other resolution of the issue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch declared the meeting adjourned at 7:27 P.M. - ~ity Cle~-ATTESTg -5- 10/16/90 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 16, 1990, which minutes were formally approved and adopted by the City Commission ..... J' City -Cl~k / NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -6- 10/16/90