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08-22-89 AUGUST 22, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:07 P.M., Tuesday, August 22, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Interim City Manager Malcolm Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Rabbi Samuel Silver of Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The Interim City Manager requested that Item No. 44.A. be deleted from the agenda and returned to staff for additional backup information and advised that Item No. 31.A. has been added as an addi- tional item to the Regular Agenda. Mayor Campbell requested that Items No. 29 and 26 be placed before Item No. 16 on the Regular Agenda. Ms. Brainerd moved for approval of the agenda, as modified, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Weatherspoon moved for approval of the minutes of the Regular Meetings of June 13, 1989 and July 25, 1989, and the Special Meeting of August 1, 1989, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6.A. Mayor Campbell read and presented a proclamation proclaiming the week of August 28 through September 4, 1989, as "Delray Beach Firefighter Appreciation Week". Gregory Birkhimer, on behalf of the Muscular Dystrophy Association, and John Tomajewski of the Delray Beach Fire Department accepted the proclamation. 7.A. A representative of Langton Associates stated their firm is located in Jacksonville, Florida, and under contract with the City of Delray to perform an initial Needs Assessment and prepare grant applica- tions to various Federal and State programs. He presented a document to each Commissioner which outlines the problem, explains the methodology of assessing the needs of the City, their recommendations and a list of the grant programs to be considered and applied for by the City. 7.B. Resolution No. 53-89. Mayor Campbell read Resolution No. 53-89, commending Byron Matteson for 30 years of service with the City. The caption of Resolution No. 53-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BYRON J. MATTESON FOR 30 YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 53-89 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution No. 53-89, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7.C. Resolution No. 55-89. Resolution 55-89, supporting H.R. 2978, "Flag Protection Act of 1989", is before the Commission for considera- tion. The caption of Resolution No. 55-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PASSAGE BY THE UNITED STATES CONGRESS OF H.R. 2978, A BILL AMENDING SECTION 700 OF TITLE 18, UNITED STATES CODE, TO BE KNOWN AS THE "FLAG PROTECTION ACT OF 1989", WHICH SHALL PROTECT THE PHYSICAL INTEGRITY OF THE FLAG OF THE UNITED STATES OF AMERICA; AUTHORIZING AND DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 55-89 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution 55-89, second- ed by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell read the resolution and advised that a certified copy would soon be sent to the District Commander of the VFW. At this point the roll was called to the motion. 7.D. Tony Durante gave a descriptive account of his recent 25 day visit to Delray's Sister City, Miyazu, Japan. He expressed the hope that a group of citizens from Delray Beach might also make this inter- esting trip in the near future. PUBLIC HEARINGS 8. Ordinance No. 43-89. Ordinance No. 43-89, a voluntary annexa- tion of parcels along North Federal Highway bordered on the east by the Town of Gulfstream, the south and west by Delray Beach and on the north by Boynton Beach, with an initial City zoning of GC (General Commer- cial), 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. The Interim City Manager presented Ordinance No. 43-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 2, 3, 4, 11, 12, 18, 26, 27, 28, 29, 33, 34 AND 36, THE EAST 200 FEET OF LOT 9, LOT 14 (LESS THE NORTH 20.25 FEET OF THE WEST 186 FEET THEREOF), AND THE EAST 80 FEET OF LOT 35, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 13, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST AND WEST SIDES OF NORTH FEDERAL HIGHWAY, BETWEEN DIXIE HIGHWAY AND THE CITY LIMITS OF THE TOWN OF GULFSTREAM, AND LYING NORTH OF ALLEN AVENUE AND SOUTH OF GULFSTREAM BOULEVARD; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMER- CIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -2- 8/22/89 (Copy of Ordinance No. 43-89 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. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 43-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 46-89. Ordinance No. 46-89, a voluntary annexa- tion of the Walmart property with an initial City zoning of GC (General Commercial), 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. The Interim City Manager presented Ordinance No. 46-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 670 FEET SOUTH OF LINTON BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-89 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. Fred Roth, representing the petitioner, stated he is available to answer questions and could present renderings if necessary. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 46-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned if this will create a County pocket and how contiguous it is to other parcels in that area. Mr. Kovacs, Director of Planning, stated it will not create a County pocket and located it on the map explaining it is directly across from the South County Mental Health Facility and the entry into Boca Rey. The County concerns are with regard to cities annexing property without making provisions to annex parcels located behind them. The County suggested the City do an interlocal agreement devising a plan to annex the properties that are east of Military Trail, which Delray is currently doing. Rather than do individual interlocal agreements for each annexation, an attempt is being made to get one agreement which will cover the entire planning area. 3 8/22/89 Mr. Weatherspoon questioned when it is contemplated that the Promenade will become a part of the City and does the City service any other parcels in that immediate area. Mr. Kovacs stated, in order to access the Del Aire subdivision and South County Mental Health, it is necessary to go right by this property. The City is annexing the South Professional Center, which is on the east side of Military Trail. The proposed program is the annexation in the northeast corner of Atlantic Avenue and Military Trail in the month of September, the following month the annexation will be in the southeast corner and the remaining water service agreements will be picked up, thereby completing all the commit- ments on the east side of Military Trail. Then the Promenade and the hospital will be requested to voluntarily annex because they received water without an annexation agreement. The Interim City Manager stated the hospital has gone on record asking whether or not they could be annexed. There are a couple of stumbling blocks, but they recognize this will be helpful to them from a service delivery standpoint. Mr. Kovacs advised that this parcel will provide that continuity. At this point the roll was called to the motion. 10. Ordinance No. 49-89. Ordinance 49-89, annexing the Adult Book Store property located on North Federal Highway as part of the North Federal Highway annexation, but on a separate ordinance, due to the deferred effective date, 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 sched- uled to be held at this time. The Interim City Manager presented Ordinance No. 49-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 35 (LESS THE EAST 80 FEET THEREOF), DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 13, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORI- DA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY AND WEST OF THE TOWN OF GULFSTREAM, LYING NORTH OF ALLEN AVENUE AND SOUTH OF GULFSTREAM BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 49-89 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. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 49-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 50-89. Ordinance No. 50-89, delegating authority to the Retirement Committee to waive, upon a finding of extenuating circumstances, the requirement of a 90-day deadline for repayment into the retirement fund to buy back previous service, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 50-89: -4- 8/22/89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.093(G), "CREDITED SERVICE", TO ADD PROVISIONS DELEGATING AUTHORITY TO THE GENERAL EMPLOYEES RETIREMENT COMMITTEE TO WAIVE, UNDER EXTENUATING CIRCUMSTANCES, THE NINETY DAY REPAYMENT DEADLINE SET FORTH IN THIS SECTION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-89 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. The public hearing was closed. Ms. Brainerd moved for the approval of Ordinance No. 50-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 51-89. Ordinance No. 51-89, rezoning the Marina Cay property located south of the Delray Drive-In theatre between Federal Highway and the Intracoastal Waterway from GC, RM-10 and R-lA to SAD, is before the City 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. The Interim City Manager presented Ordinance No. 51-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, RM-10 (MULTI- PLE FAMILY DWELLING) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES DISTRICT; SAID LAND BEING ALL OF THE NORTH 324.04 FEET OF LOT 38, SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF THE FEDERAL HIGHWAY, BEING STATE ROAD NO. 5, AND EXTENDING TO THE INTRACOASTAL WATERWAY, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT RECORDED IN PLAT BOOK 8 AT PAGE 40 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOT "A", SNOW HILL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED SOUTH OF THE DELRAY DRIVE-IN THEATRE AND NORTH OF ALLEN AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 51-89 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. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 51-89 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -5- 8~22~89 PUBLIC COMMENTS 13.1. Lorraine Casper, 3000 Spanish Trail, stated at the last Regular Meeting the Interim City Manager requested that Mr. Greenwood, Director of Public Utilities, discuss items regarding the Sewage and Waste Water Treatment Plant, along with his comments. After this discussion he was criticized and chastised by some members of the Commission along with residents of the Pines of Delray. She was extremely upset that these persons were unable to accept the fact that science is not a static entity, but older methods are improved constantly. 13.2. Alice Finst, 707 Place Tavant, stated she is requesting an update on several items that have been brought before the Commission recently, as follows: 1. the crosswalk at the Ingraham Avenue parking lot. 2. the proposal for a water conservation ordinance. 3. the resolution of the Jury pool and districting. 4. parking vehicles on lawns in residential but not in multi-family or commercial zones. 5. proposal to screen boats on the front side. The Interim City Manager stated he would be happy to make time available to Mrs. Finst in his office on all items related to staff. 13.3. Paul Spizer, 208 East Atlantic Avenue, stated the rear end of his antique shop located at this address has been red-tagged by Code Enforcement and he can no longer use the back entrance. He is vacating the property, as the owner apparently has no interest in correcting the violations, and is requesting relief from the Commission, as it will be necessary for him to bring trucks onto Atlantic Avenue to move his merchandise. Mayor Campbell advised the Interim City Manager would contact him. 13.4. Stanley Milosky, stated he is responding to Mr. Jackel's Bond Issue recommendations. Mr. Jackel introduced himself as Chairman of United Property Owners. The proper title is United Property Owners of Palm Beach County, and the meetings are held west of Military Trail. The Board of Directors includes County residents and, in addition to being non-residents, they have been against progress in Delray Beach. He does not feel they should be interfering with the Bond Issue for the City of Delray. FIRST READINGS 14. Ordinance No. 52-89. Ordinance No. 52-89, increasing the payroll deduction for contribution to the Police and Fire Departments Pension fund from 6% to 7.33% to provide for retirement at 20 years of continuous service, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 12th. The Interim City Manager presented Ordinance No. 52-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 33.61(B), "APPLICATION", SUBSECTION (3), TO PROVIDE A 7.33% PAYROLL DEDUCTION EFFECTIVE OCTOBER 1, 1989; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILI- TY'', SUBSECTION (A), "NORMAL RETIREMENT DATE", SUB- SUBSECTION (1), TO PROVIDE THAT AN EMPLOYEE MAY RETIRE AFTER COMPLETION OF 20 YEARS OF CONTINUOUS SERVICE; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILI- TY'', BY DELETING SUBSECTIONS (C), "EARLY RETIREMENT DATE" AND (D), "EARLY RETIREMENT BENEFITS" AND RELETTERING THE REMAINING SUBSECTIONS; BY AMENDING SECTION 33.62, "BENE- FIT AMOUNTS AND ELIGIBILITY", SUBSECTION (G), "VESTING", SUB-SUBSECTION (1) (b) (1), TO PROVIDE FOR PAYMENT OF PENSION BENEFITS TO EMPLOYEES WHO HAVE TERMINATED -6- 8/22/89 EMPLOYMENT AFTER TEN OR MORE YEARS OF CONTINUOUS SERVICE; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSEC- TION (A), TO PROVIDE THAT MEMBERS SHALL MAKE REGULAR CONTRIBUTIONS TO THE TRUST FUND AT A RATE EQUAL TO 7.33% EFFECTIVE OCTOBER 1, 1989; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon questioned if this is equivalent to the one and one-half percent that was included in the budget. The Interim City Manager stated that is why the change was made, for the exempt em- ployees. The City Attorney advised this is the employees share of the "20 and Out" plan". Ms. Brainerd moved for the adoption of Ordinance No. 52-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Ordinance No. 53-89. Ordinance No. 53-89, providing that members of the Police and Fire Departments Pension Fund shall be 100% vested upon becoming eligible for normal retirement; provides restric- tion on benefit levels; provides a time frame for beginning payment; subscribes how the City shall make contributions; and provides for forfeitures that may arise upon termination of employment. If passed, Public Hearing will be held September 12th. The Interim City Manager presented Ordinance No. 53-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 33.60, "DEFINITIONS", TO ADD A DEFINITION FOR "ACTUARIAL EQUIVALENCE" OR "ACTUARIALLY EQUIVALENT"; BY DELETING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSEC- TION (A), "NORMAL RETIREMENT DATE", SUB-SUBSECTION (2) IN ITS ENTIRETY; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (B), "NORMAL RETIREMENT BENEFIT", BY ADDING A NEW SUB-SUBSECTION (3) TO PROVIDE THAT A MEMBER SHALL BECOME 100% VESTED UPON BECOMING ELIGIBLE FOR NORMAL RETIREMENT; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY ADDING A NEW SUBSECTION (I), "MAXIMUM BENEFITS", TO PROVIDE RESTRIC- TIONS ON BENEFIT LEVELS; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY ADDING A NEW SUBSECTION (J), "REQUIRED PAYMENT OF PENSION BENEFITS", TO PROVIDE THE TIME FRAME FOR WHICH REQUIRED PENSION BENEFITS SHALL BEGIN; BY AMENDING SECTION 33.64, "CONTRI- BUTIONS'', SUBSECTION (A), "MEMBER CONTRIBUTIONS", TO PROVIDE FOR AND IN WHAT MANNER THE CITY SHALL PICK UP THE MEMBER CONTRIBUTION AS EMPLOYER CONTRIBUTIONS; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", BY ADDING A NEW SUBSECTION (F), TO PROVIDE FOR FORFEITURES THAT MAY ARISE UPON THE TERMINATION OF A MEMBER'S EMPLOYMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 53-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 29. Site Plan Approval Delray Bay (Crosswinds) Apartments. The Commission is to consider a site plan approval for a 222 unit rental apartment project to be located south of Linton Boulevard and west of -7- 8/22/89 Homewood Boulevard, subject to four conditions as referenced in the August 21st P&Z staff report. Larry Young, Project Coordinator, stated he will answer any questions the Commissioners may have. He feels this is an outstanding project that will be a positive addition to the City. Favorable recom- mendations have been received from P&Z, CAB and the neighboring resi- dents. Mayor Campbell stated there is some controversy relating to the access of Linton Boulevard. Sam Schwimer, Director of the Pines of Delray, which is located across the street from Crosswinds, stated it is his understanding the law requires that a new development notify the neighboring developments within a certain distance, of the proposed plans. To his knowledge, there has been no communication. His concern is the traffic impact this will have on the Pines of Delray. Bob Stump, representing the Crosswinds Association of Delray, stated this development is to be different than the original concept. The current residents do not want an easement across their property, mostly due to the fact that this will be a rental project. In his opinion, the City has already decided the character of Linton Boulevard and, since the City has no control over what happens west of Military Trail, it will be a very heavily traveled street. He feels if traffic is directed off Linton Boulevard onto Homewood Boulevard, that same traffic is going to seek a home back on Linton Boulevard and they are not in favor of sharing a common access. Shirley Cavaretta, Lakeview Greens, stated they were denied access to Linton Boulevard, without reason, and she sees no reason why Crosswinds should be given access. Richard Levanstine, Attorney representing Crosswinds, stated that the most important issue to be resolved during the bankruptcy procedures of the Radice Corporation was this access. Larry Young stated he would like to comment on some points of the access issue. He feels that economic reasons and the viability of this project is critically impacted by this entranceway in order to make their project competitive and successful. The traffic studies indicate the project would have an insignificant impact on Linton Boulevard. The Crosswinds Condominium Association and Abbey Delray strongly support the request, as they are adult communities. Palm Beach County DOT has no objection, the South Florida Water Management District and the Lake Worth Drainage District have no objection, even though the canal must be spanned. Charles Radice, Radice Corporation, stated this project has been in the works since 1980. They are now in a position to complete this overall project and feel it will meet a great need in the City. The Corporation agrees with the current residents of Crosswinds, that it makes no sense to funnel additional traffic from this separate type project over their private roads and easements, but should have direct access to Linton Boulevard. Ms. Brainerd requested confirmation that staff has changed their recommendation from denial to approval. Mr. Kovacs advised the P&Z Board has recommended approval of the site plan with the access on Linton Boulevard. The Engineering and Planning staff, in support of police patrol, would prefer not to see access onto Linton Boulevard. Mr. Weatherspoon stated he applauds the developer and the residents for coming to a common agreement. After reading the backup material and listening to the discussion, he feels the logical solution is to allow a cut onto Linton Boulevard. Mr. Weatherspoon moved for approval of the site plan for Delray Bay as recommended by the Planning and Zoning Board for a cut onto Linton Boulevard, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. -8- 8/22/89 McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 26. Old School Square Street Auction. The Commission is to consid- er approval of new street names auctioned off at the Old School Square Street Auction, with the following changes and exceptions: 1. Dr. Carol Krol Street be changed to Dr. Carol Krol Way 2. Fladell's Road be changed to Dr. Andre's Way 3. Chiropractic Street not be assigned in that it appears inappropriate at the requested location. Assistant City Manager Barcinski clarified the changes listed above with the Chiropractic Street changed to FCA Way. Frances Bourque, Chairman of Old School Square, stated Dr. Krol was agreeable to changing the entrance to Woodlake Boulevard to FCA Way. The representatives of Woodlake were also in agreement. Dick Eckerle stated he would like to thank both staff and the people of Old School Square for bringing about this compromise to further the efforts of Old School Square in the future. Mr. Weatherspoon moved for approval, as modified, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Selection of Golf Course Manaqement Firm. The Commission is to consider formal action to select a golf course management firm for the management of the Municipal Golf Course and Restaurant. Mayor Campbell stated there is a ballot before the Commission listing the six finalists as follows: 1) American Golf Corporation 2) Can-Am Golf Enterprises, Inc. 3) Country Club and Golf Club Associates/Gerecter and Dubin Associates, Inc. 4) Delray Golf, Inc. 5) Delray Municipal Golf Course 6) Jerry's 19th Restaurant & Lounge He also stated, before the Commission casts a ballot, he will allow the public to come forward and comment at this time. Vi Hinchliffe, 1112 N.W. 4th Avenue, stated after reviewing the proposals and contacting many of the applicants, her total commitment would be to Gerecter and Dubin. Marty Trauger, 717 Golf Court, stated he feels a concern of many of the residents is a proposal of allowing the driving range to be open until 11:00 P.M. He also feels the operator should have a public liability policy against the hazards of damage by golf balls. There is a lot of revenue involved in an operation such as this and he would prefer someone local be given the opportunity to manage this course. He commented that some day he hopes to see this returned to a municipal golf course operated by the City. David Applebaum, 322 S.W. 28th Avenue, commended the Commission on the expertise, thoroughness, selection and screening of the appli- cants. He favors Gerecter and Dubin Associates as the lessee, mainly because they are local, would maintain their office in Delray Beach and are familiar with Florida conditions and problems. Ms. McCarty questioned the City Attorney with regard to the legality of combining the Dubin-Crosswhite proposals. The City Attorney stated he had not seen the revised proposal, but assuming that the combination does not affect the monetary bid, capital improvements, the lease and the license fees, but merely joined personnel, staffs and financial statements, he has no problem with it. However, if it was an attempt to change the amount of money proposed for capital improvements -9- 8/22/89 or the City Licenses, that woul~ be a different issue, but, to his knowledge, that is not the case. Ms. McCarty commented that she just wanted to make sure there was not a new bid. The City Attorney stated if Dubin/Crosswhite should be the first choice of the Commission, it will be necessary to accept the fact that one of them has been allowed to withdraw a bid bond, making that a technical modification which should be specified by the Commission. In his opinion, that would not be allowed if their finan- cial bid were modified. Ms. McCarty questioned if all the applicants were notified, regardless of whether or not they were shortlisted. Assistant City Manager Barcinski advised that they were not. Ms. McCarty commented that, in the future, she would hope that a different process could be implemented whereby all applicants or firms could receive some sort of notification. Mr. Andrews stated he was more in favor of a Crosswhite/Dubin combination and now he has learned that final decisions will rest with Mr. Dubin. Assistant City Manager Barcinski questioned why Gerecter and Dubin were not placed first on the list. Joe Weldon, Director of Parks and Recreation, stated the primary company name, as submitted, was Gerecter and Dubin Associates. They were listed in alphabetical order in fairness to all firms. Upon question by Mayor Campbell, the Commission concurred to rank all applicants, with the low number being the first choice. The City Attorney advised that once the Commission has chosen a firm, it will need to be acceptable and adopted by a motion. The motion will be to, tentatively, accept that firm with instructions to staff to negotiate an acceptable contract and then be resubmitted. Even if the Commission chooses a particular firm and the negotiated contract is unacceptable, the Commission could request a renegotiation or the selection of another firm. Ms. McCarty commented she would like to make sure that, in the contract, it is specified that the restaurant not be sublet and it be a part of the organization. The City Attorney advised that the current agreement requires no subletting, and he will add "either in whole or in part". Mayor Campbell suggested it might be a good idea, prior to the finalization of the negotiation, that a workshop be scheduled in order that the Commission might have input with regard to the contract. Mayor Campbell advised the meeting will continue until the votes have been tallied. 17. Special Election to Expand Downtown Development Authority Boundaries. The Commission is to consider calling a special referendum election on behalf of the DDA to expand the current DDA boundaries. Mr. Weatherspoon questioned why a special election is necessary when there will be an election in November. Roy Simon, Chairman of the Downtown Development Authority, stated the reason is because two precincts are involved and approximate- ly 40 people. Formerly, when this was tried with a general election, there was confusion on the part of the precinct workers. With such a few people and a cost of approximately $1,600, to be paid for by the DDA, they felt it would be better to have a special election with the forty voters and not allow this campaign to be tangled up with the general election or the bond issue. Ms. McCarty moved for approval of the special election request, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. -10- 8/22/89 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Appointment of Chairman and Vice-Chairman to the CRA. The Commission is to consider the appointment of Kevin Egan, as chairman and Leonard Mitchell as vice-chairman to the CRA. Ms. Brainerd moved for ratification and appointment of Kevin Egan and Leonard Mitchell, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Resolution No. 54-89. Resolution No. 54-89, formally estab- lishing an Education Board to monitor School Board activities, act as liaison between the School Board and the Commission, develop recommenda- tions, maintain public relations efforts, identify funding sources and various other activities related to improving schools within the City and communication with the School Board, is before the Commission for consideration. The Interim City Manager presented Resolution No. 54-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE CITY OF DELRAY BEACH EDUCATION BOARD, ASSIGNING IT DUTIES, AND SETTING A SUNSET DATE. (Copy of Resolution No. 54-89 is on file in the official Resolution Book) Ms. Brainerd moved for approval of Resolution No. 54-89, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Selection of Golf Course Management Firm. The City Attorney stated the first low vote getter was Delray Golf, Inc. - 9, the second was Country Club Associates - 12, the third Can-Am Golf Enterprises, Inc. - 14, the fourth was Jerry's - 23, the fifth was Delray Municipal - 24 and the last on the list was American Golf Corporation - 25. Mr. Weatherspoon moved for ratification of the order of ranking for the negotiations for the municipal golf course, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared a recess the time being 8:40 P.M., the meeting reconvened at 8:50 P.M. 20. Appointment to the Education Board. The Commission is to consider the appointment of a member to replace Elder Hayes on the City's Education Board. Mayor Campbell stated the Commission has had no opportunity to consider names at this time and, upon recommendation of the Chairman of the Education Board and if the Commission concurs, this item will be postponed until next week. The Commission concurred. 21. Response to School Board Re. (City Commitments). The Commis- sion is to consider the approval of response to School Board inquiries voiced at the Joint Workshop meeting held on July 31st. Ms. McCarty stated Mr. Hukill raised a number of questions at the School Board meeting that he felt the Commission should deal with. Those questions never were dealt with, so she is assuming the Education Board answered those questions, with the help of staff, and this is their recommendation. She commented that she has a question on Item -11- 8/22/89 IV.B., which was an answer that referred to the $975,000 improvements for Spady Elementary. She questioned what process must ensue before the impasse, with regard to the City policy and to the School Board policY, can be resolved. The Interim City Manager stated he feels the joint committee will be the final resolution of those items and until they are named and hold a meeting, the City is left with a confused state of affairs. Staff has been requested to prepare the City's position on this in conjunction with the Commission. It will probably be presented to the Commission on the first workshop in September. Ms. Brainerd commented that she feels the Board takes its challenge and direction from the committee very seriously and that excellent backup material has been received. Ms. McCarty moved for approval of the response to the School Board's inquiries, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes;. Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Waivers for Community Child Care Project. The Commission is to consider waiving conditions requested by Currie Schneider Associates as recommended by the Development Services Management Group for the Commu- nity Child Care Center, as follows: A. Extending the water and sewer service to the property line. B. Waiving the provision for two sidewalks. The sidewalk proposed along Lake Ida Road will have to be torn up and rebuilt following the widening project scheduled for 1992. Additionally there is not sufficient pedestrian traffic along N.W. 5th Avenue to warrant a sidewalk. C. Leave an asphalt bike path on N.W. 6th Avenue as is, rather than removing and replacing it with a concrete walk. D. Waive all permit and inspection fees. Ms. McCarty moved for approval of the waivers, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The Interim City Manager stated that the waivers include a waiver on the bike path on the north end of the property. Whatever action required will be arranged when a beautification is done to make a cul-de-sac in a manner similar to that at the north end of Dixie Boule- vard and Swinton Avenue. Mr. Weatherspoon requested that an amount be established for the waiver of fees so it can be available for future reference by the Commissioners. The Interim City Manager stated a memo will be prepared and distributed to the Commission. At this point the roll was called to the motion. 23. Water Service Agreement. The Commission is to consider a water service agreement for a proposed ACLF - Delray Senior Living, Inc. to be located on the south side of Atlantic Avenue, east of the E-3 Canal. Martin Perry, representing the applicant, stated there has been a petition filed with Palm Beach County for zoning approval relative to this project since May of this year. Palm Beach County is able to provide water service to the project; however, apparently the E-3 canal is a designated division between the County service area and the City of Delray Beach service area. The difficulty with the approval from the City of Delray relates to height limitation. His main concern is that the City's height requirement will require additional travel time for the residents. The request is either for the City's approval or permis- sion to go elsewhere for service. -12- 8/22/89 Ms. McCarty questioned why this special request was not requir- ed to go through the normal review process, as the memo states. Mr. Kovacs stated when a request for a water service agreement is received, the feasibility of annexation is determined. If annexation is not feasible, the site plan then goes through the review process and the water service agreement and the site plan are concurrent. Ms. McCarty questioned why this is not happening in this case. Mr. Kovacs stated he feels time is of the essence and the applicant has not prepared a site plan and presented it to the P&Z Board in time to go through the pro- cess. Mr. Perry commented that the property is not contiguous to the City and, therefore, not immediately annexable. However, there is a site plan that was filed with the County in May and a bond issue is also being applied for. Ms. McCarty stated the City has taken a general position to discourage large-scale "adult only" communities in lieu of attracting family-oriented residential developments. Mr. Weatherspoon questioned what the accurate height differen- tial is. Mr. Perry advised that some of the buildings are six stories high. The project could go with a lower height, but it would take up more of the open space and create larger distances for the residents to walk in order to get to the common facilities. Mr. Kovacs stated, normally 10 feet are allowed per story, which means 60 feet plus the roof, for a total of 64 to 68 feet. The current requirement is 48 feet. If it is not a problem with the County Comprehensive Plan, then it would be possible to go through the entire process. It is his understanding that this project needs to be certi- fied on Thursday in order to get into the process before the County future Land Use Plan goes into effect, because under the future County Land Use Plan, this project would not be allowed. Mr. Weatherspoon stated, since the City's working relationship is good with the County, he sees no advantage in sending them to the County. Mayor Campbell stated he could not vote for the water service agreement and feels i~ should be more in conformity with the Land Use Plan. Mr. Andrews stated, in spreading the project out, his concern is about the number of parking spaces. The appealing part of the project is that it is tied in with Temple Emeth and he would prefer the location for this type of function, with voluntary services, etc. While he is in favor of the project, based on location, he doesn't feel it can work on that site. Ms. Brainerd commented, along with the social need for advanced congregate living facilities, there is also a great need for low income housing and this Commission has gone on record and held the line even though it took years. Ms. Brainerd moved for denial of the water service agreement for Delray Senior Living, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Agreement for Construction of Water Line and Reimbursement of Costs. The Commission is to consider agreement with the estate of Mr. Danilo R. Giamberini for the City to disburse $4,000 paid to the City by Sherwood Forest as benefitted user of a water line constructed and paid for by Mr. Giamberini. Ms. McCarty moved for approval of the agreement, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -13- 8/22/89 25. Settlement Offer. The Commission is to consider a settlement offer from Irene Montalban in the amount of $55,000 to settle an alleged sexual harassment complaint. The City Attorney stated they are recommending that the Commis- sion reject the settlement offer for the reasons outlined in his August 17th memorandum to Mayor Campbell. It is the City Attorney's position that the City Commission action at that time makes the City's chances of liability very remote. Ms. McCarty moved to deny the offer, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 27. Site Plan Approval - Costco. The Commission is to consider site plan approval for a 117,000 square foot retail sales warehouse building for Costco to be located on the southwest corner of Linton Boulevard and S.W. 4th Avenue, subject to 21 conditions as referenced in the P&Z staff report of August 21, 1989. Ms. Brainerd moved for approval, with all recommendations, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Site Plan Approval - McDonald's. The Commission is to consider site plan approval for a McDonald's Restaurant to be located on the south side of Linton Boulevard between Germantown Road, if extended, and S.W. 10th Avenue, subject to 24 conditions as outlined in the P&Z staff report dated August 21, 1989. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 30. Beautification Task Force Recommendations on Pineapple Grove Way Beautification. The Commission is to consider recommendations made by the BTF regarding the beautification of Pineapple Grove Way and provide direction on which plan to proceed with. John McKenna, Chairman of the Beautification Task Force, stated there are two actions being requested of the Commission, namely, to accept either Schemes A through E and how to proceed with accepting a sculptor for the work to be done on the Pineapple Grove area. Discussion followed relative to the schemes, the additional expenditure and the designated ~ource of funding. Mr. Andrews suggested that, prior to spending the additional money, it might be wise to wait until the net result of the interchanges at Atlantic Avenue/I-95 and Linton Avenue/I-95 has been seen. Ms. Brainerd questioned if there is additional funding in the Beautification Trust Fund due to the accrual of interest. The Interim City Manager confirmed there is enough to compensate for the additional costs if Scheme E is implemented. Ms. Brainerd moved to approve Scheme E, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. McKenna questioned if the BTF can form an ad hoc committee to review artists and sculpture works to make selections as to which ones can be placed in the Pineapple Grove area. Ms. Brainerd questioned if the expertise is available in the Old School Square to make this kind of judgment. Consensus indicated there is not. -14- 8/22/89 Mr. Weatherspoon questioned if sculptures were needed. Mr. McKenna stated there was a consensus by the Commission some time ago to look into sculptures. Mayor Campbell stated the concept was to be more than just trees, but was meant to create an art district with a total environment that would be culturally oriented. Mr. Weatherspoon reiter- ated his opinion that he feels it to be unnecessary. Mr. Andrews stated it is his understanding that there was a certain amount of money allocated for landscaping and, because of the existing streetscape, the planting had to be cut back; so they wanted to reallocate that money to sculpture as opposed to cutting more streets up. He also stated that he would not like the sculpture to become so sophisticated that only one percent of the population understands it. Ms. Brainerd suggested that the committee submit recommenda- tions, along with a resume to the Commission, who would in turn ratify them. Mr. McKenna agreed. Dottie Patterson, representing the Pineapple Grove support group, stated they heartily endorse the Beautification Task Force recommendation of Scheme E and thanked the Commission. The idea behind Pineapple Grove was to have a unique place with a different atmosphere and that was one reason they decided to place the sculptures on the street. Ms. Brainerd moved that the BTF submit a list of names composed of the choices by Mr. McKenna, to be ratified by the Commission and have it returned to the Commission by the next Regular meeting, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: David Gochenour, sculptor, stated he hoped to be considered as one of the choices on this beautification. At this point the roll was called to the motion. 31. Reaffirmation of Commitment. The Commission is to consider reaffirming the commitment made by the City of Delray Beach and ratified by the Commission by Resolution No. 7-89 on February 14, 1989, to finance, construct, and complete a public parking facility in downtown Delray Beach with assistance from the Downtown Development Authority, the Community Redevelopment Agency and private enterprise. Sandy Simon stated, in recent conversations with the Chairman of Jacobson's, it has been learned they are still very much interested in Delray Beach and have not signed with anyone as yet. Mr. Weatherspoon questioned why the decision has been prolonged with regard to this area. Mr. Simon stated that they were very involved with the completion and opening of the Columbus, Ohio store, which took place last week. Ms. Brainerd moved to reaffirm the commitment, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31.A. Amendment to Agreement between the City and Auburn Trace Joint Development. The Commission is to consider an amendment to the agree- ment between the City and Auburn Trace Joint Development. The Depart- ment of Housing and Urban Development is requesting that the agreement be amended to reflect that the developer contribution is by cash equity. Ms. Brainerd moved to approve the amendment, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -15- 8/22/89 Upon question by Mr. Weatherspoon as to whether staff has a problem with this, the City Attorney advised there is none. He also stated there are about six HUD requested modifications to the applica- tions and the materials submitted. Of those, only one requires Commis- sion approval because it is a modification to the actual agreement. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 32. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratifying SCRWTD Board operating budget for fiscal year 1989-1990 in the amount of '$2,688,300. Ratification is recommended. 33. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratifying SCRWTD Board action increasing the wholesale sewage user charge to $.6005 per thousand gallons. Ratification is recommended. 34. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratifying SCRWTD Board action approving Capital Expenditures for fiscal year 1989-1990 in the amount of $69,400. Expenditures are to be assessed 50% to Boynton and 50% to Delray Beach. Ratification is recommended. 35. Change Order No. 2 - West Atlantic Avenue/I-95 Irrigation. A Change Order representing an increase of contract price of $7,170.72 and consisting of using black iron pipe in lieu of PVC for all sleeves under pavement in accordance with DOT standards, an additional 169 sprinkler heads and additional jack borings, is before the Commission for consid- eration. Approval is recommended. 36. Change Order No. 2 - Linton Boulevard/I-95 Irrigation. A Change Order representing an increase of contract price of $4,510.48 and consisting of using black iron pipe in lieu of PVC for all sleeves under pavement in accordance with DOT standards, an additional 45 sprinkler heads and additional jack borings, is before the Commission for consid- eration. Approval is recommended. 37. Change Order No. 2 - N.E. 1st Street Drainage Project. A Change Order representing an increase of contract price of $51,590 and consisting of replacing a 1 1/2 inch water main on N.E. 4th Avenue with an 8 inch main between Atlantic Avenue and 2nd Street, is before the Commission for consideration. Approval is recommended. 38. Absentee Ballot Form. The Commission is to consider changing the absentee ballot forms from paper to punch card format. Approval is recommended. 39. Temporary Tent Permit. The Commission is to consider approval of a temporary tent permit for the Zonta Club for their proposed Country Western Jamboree on Sunday, August 27th, in the parking lot of Scarlett O'Hara's at 335 E. Linton Boulevard. Approval is recommended. 40. Agreement Between the City and Palm Beach County Housing Partnership. The Commission is to consider approval of an agreement between the City and Palm Beach County Housing Partnership for the construction of on and off-site infrastructure improvements and waive permit and other administrative fees for the Allamanda Garden Housing Development. Approval is recommended. 41. Resolution No. 50-89. Resolution No. 50-89, assessing costs in the amount of $1,259.50 for abatement action regarding demolition of an unsafe building located at 16 S.W. 10th Avenue, is before the Commission for consideration. The caption of Resolution No. 50-89 is as follows: -16- 8/22/89 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 RESO- LUTION, 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. 50-89 is on file in the official Resolution Book) 42. Resolution No. 51-89. Resolution No. 51-89, assessing costs in the amount of $2,693.90 for abatement action regarding demolition of an unsafe building located at 1713 S.W. 6th Avenue, is before the Commis- sion for consideration. The caption of Resolution No. 51-89 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 RESO- LUTION, 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. 51-89 is on file in the official Resolution Book) 43. Resolution No. 52-89. Resolution No. 52-89, assessing costs in the amount of $1,369.50 for abatement action regarding demolition of an unsafe building located at 1116 1/2 Poinsettia Drive, is before the Commission for consideration. The caption of Resolution No. 52-89 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 RESO- LUTION, 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. 52-89 is on file in the official Resolution Book) 44. Award of bids and contracts. B. Sodium Aluminate - U.S. Aluminate in the amount of $194,131 with funding from Water Treatment Operating Supplies (Account No. 441-5122-536-35.15 for current fiscal year) and Water Treatment Chemicals (Account No. 441-5122-536-35.18 - 1989-90). -17- 8/22/89 C. Median Curbing - South Federal Highway - Burkhart Servic- es, Inc. in the amount of $64,000 with funding from 1987 Utility Tax (Account No. 333-4141-572-61.26). D. Removal of City-owned street lights - C.R. Dunn, Inc. in the amount of $19,368 with funding from Engineering Department (Account No. 001-2911-519-60.63). Waiving bid irregularities for the number of poles bid. E. Housing Rehabilitation Program - Low Bidders in the amount totalling $29,773.80 with funding from Housing Rehabili- tation (Account No. 118-1963-554-60.23): 1. MJD Construction Services - 321 S.W. 12th Ave. - $16,039.80 2. Tommy Preston - 513 S.W. 10th Street - $13,734.00 F. Pipe Fittings and Accessories - in an amount totalling $45,954.65 with funding from Water and Sewer Repair and Upkeep Water Meters (Account No. 441-5123-536-33.33): 1. Group 1 (Gate Valves) - A&P Water and Sewer Supplies ($1,641.30). 2. Group 2 (Service Saddles) - Southeastern Municipal Supply ($3,761.85). 3. Group 3 (Corporations and curbstops) - B&H Sales ($27,561.00) . 4. Group 4 (Miscellaneous fittings) - Southeastern Municipal Supply ($12,990.50). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 45.A.1. Ms. McCarty complimented the Interim City Manager on his analysis of the budget. It is her understanding an answering machine has been purchased along with response cards. The Interim City Manager confirmed this and stated the response card will be circulated for any comments prior to sending it to the printers. The answering machine is in place, is being programmed and should be available to the public by the end of the week. 45.A.2. Ms. McCarty commented that there was no Manager's Report in her packet and questioned if it is the Interim City Manager's intention to do away with it. The Interim City Manager stated it will be continued and it should be available by tomorrow. It has been re-titled, as it is an update of ongoing projects as opposed to a specific memorandum from him. It is a product of staff and it will be distributed on a regular basis, hopefully on Fridays. 45.A.3. Ms. McCarty stated letters have been received from the Chamber of Commerce and Del-Pak requesting that the Commission revisit the appointment process and to consider the ranking system. Mayor Campbell stated he feels the ranking system merits discussion, as he is uncom- fortable with this system when people volunteer their services. Mr. Weatherspoon suggested that the Commission should do a complete process of the cycle currently in place. Ms. Brainerd stated she prefers the rotation method. Mr. Andrews stated he feels this is one part of the Sunshine Law that he does not agree with and that the process is not working. He suggested the City Attorney lead a recommendation that could filter its way to Tallahassee to discover a way to have a good debate without embarrassing people. Mayor Campbell stated, according to the rules, it can come up for discussion if requested by a Commissioner. The City Attorney advised that, it was his understanding, the part where it was placed on the Regular Agenda was struck and it was to be placed on the Workshop Agenda. -18- 8/22/89 45.A.4. Ms. McCarty stated there is a packet from Mr. Vance with regard to Laver's and she questioned the status. The Interim City Manager advised a meeting is scheduled for tomorrow to look at alternatives considering the price proposed and to establish a lesser geographical area and ask them to reprice it and get back to the City. 45.A.5. Ms. McCarty requested that the Interim City Manager update the bond issue in his weekly staff report. The Interim City Manager stated that Visions 2000, in cooperation with the citizen group which had already formed to start moving forward positively, have now joined forces. They are contemplating the hiring of a professional support element and will have a meeting Thursday night at 5:00 P.M. at Old School Square. He further stated that he would request an update directly from this group, as they will be putting together a week by week activity schedule. They are requesting that the Commission be positive and available and hope the majority will be in attendance. They will be doing the selling from a staff prospective and the City will supply technical expertise to answer critical questions. Ms. Brainerd questioned to what extent, in lieu of the Sunshine Law, can the Commission attend the meetings of the steering committee. Also, can more than one Commissioner attend a presentation for members of the community that is scheduled by that steering committee and does it need to be noticed. The City Attorney advised the most conservative thing to do would be to notice it, but the Sunshine Law only applies to those things on which the Commission could be expected to vote in the future. In his opinion, if those items have been approved by the Commission, which they are not, that would be fine. There are prospec- tive votes coming before the Commission, such as ballot questions, issue, adopting the bond resolution, the proclamation and setting the date. Technically, none of that has been formally done. He feels it should be avoided or noticed. Upon question by Ms. Brainerd, the City Attorney advised the administration is on top of the noticing. The Interim City Manager stated there will be a notice announcing the meeting on Thursday and all subsequent meetings. 45.A.6. Ms. McCarty stated she has been questioned by residents, with regard to the latest activities of the Police Department, and it is her understanding that, when the internal affairs investigation has been completed, the Interim City Manager will review the activities of the Police Department and report to the Commission. The Interim City Manager advised this will be done as quickly as possible. 45.A.7. Ms. McCarty stated when the Interim City Manager was hired, the Commission discussed a search for a permanent City Manager and she would like to request that, on the next workshop, the Commission review ways to initiate that search and determine the process. The Interim City Manager stated it will be agendaed and backup provided giving various choices and some approximation as to cost and time involved. 45.A.8. Mr. Andrews stated, regarding Laver's appraisal, he was on the site with the appraiser and there was discussion that the only way to entertain a fair appraisal is to have some sort of transfer development rights versus doing it any other way. The report he sees gives the City quite the opposite and he was appalled to see a professional go off in one direction while sitting with a Commissioner and a City Attorney talking about transfer rights. He feels if the man cannot take direc- tion, or if it was something he could not handle, he should explain that he felt the City was out-of-line and he was unable to appraise it in that manner and therefore, either the City needs to amend the request or find another appraiser. 45.A.9. Mr. Andrews stated he would not be in favor of reveiwing the beginnings of a search for a permanent City Manager until the City Charter has been reviewed to see if there are ways to find a more stable situation between the Commission and the City Manager. Ms. McCarty stated, since that was her item originally, she would like to comment that both items need to be addressed and one does not necessarily hinge on the other. She feels the search will take months and the Charter can be addressed on a different time table. -19- 8/22/89 The City Attorney advised that a package went out to the Commissioners today on various alternatives and this should be reviewed within the next week. 45.A.10. Mr. Andrews stated he and the Interim City Manager will be meeting with the person in charge of doing away with crack, cocaine, drugs etc. The City has done such a good job of eliminating the problem from Atlantic, that it has been pushed further back in the neighborhood. 45.A.11. Mr. Weatherspoon stated he had a request via Gates Castle, Director of Engineering, relative to the signalization at Congress Avenue and Germantown Road for a left turn signal off Congress into the IBM parking area. He saw the follow up letter to the County, but there has been no response since. He feels this has gone on long enough. 45.A.12. Mr. Weatherspoon questioned who is responsible for replacing blown bulbs on the light poles of N.W. 5th Avenue, between Atlantic Avenue and 2nd Street. The Interim City Manager advised that the street lighting is a function of FP&L, but it will be looked into. 45.A.13. Mr. Weatherspoon stated, it is his understanding, that if a City Policeman sees that a street light is out, it is to be reported to FP&L. There have been two lights, one on the corner of S.W. 8th Avenue and 2nd Street and the other on the corner of Eighth Avenue and 2nd Court for over a month. The Interim City Manager stated it will be reinforced. 45.A.14. Mr. Weatherspoon stated, this coming Saturday morning at 10:00 A.M., there will be a Grand Opening for his self-service car wash at the corner of N.E. 2nd Avenue and Martin Luther King Way, so come on out, bring your cars and your quarters. 45.A.15. Mayor Campbell stated there was an item omitted from the budgetary discussions and, before adopting the final budget, he would like to know how the Commission feels with regard to a raise for the City Attorney. It is his feeling that he is most deserving, due to the excellent job he does for the City. He will be getting a three percent automatic raise and the merit increase is normally two to seven percent, based upon where the Commission believes his meritorious efforts place him. Mayor Campbell commented that the City Attorney's salary range is rather high and there are other people who are theoretically topped out. When there is a concern upon reaching a high plateau, he feels a balance should be determined between some salary increase and some bonus. He suggested the Commission keep this in mind and it can be placed on an upcoming agenda. Mr. Weatherspoon stated some time ago he had mentioned creating a grid system and, perhaps, that could help to determine the percentage of increase. One advantage of the grid system is that it precludes an employee from topping out so quickly. He would hope, with the consensus of the Commission, that the Finance Director could put something of this nature in place. Ms. McCarty stated she is in agreement; the City needs some sort of evaluation system. Ms. Brainerd questioned if a suggested increase was established for this year or will there be one on the agenda. Mayor Campbell suggested that each Commissioner decide on an increase. It must be discussed and adopted prior to the budget adoption. 45.B.1. The City Attorney stated he has an item that Mayor Campbell might not care to participate in. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the chair. The City Attorney advised a courtesy copy was received early this afternoon from Judge Burk of the Circuit Court relative to the litigation that was instituted into the Circuit Court by Mayor Camp- bell's counsel from Miami. Service has been effected on the City, as a corporate entity tonight and the Clerk's Office will most likely be -20- 8/22/89 effected in the morning. Judge Burk has set an emergency hearing tomorrow at 1:45 P.M. on the request in the complaint for an emergency temporary injunction to enjoin the City and the City Clerk's Office from further processing the recall petition effort. His purpose is two-fold, first to let the Commission know it exists; and secondly, to inquire of the Commission, as the client, whether or not there are any concerns with regard to the City Attorney's Office representing the City and the City Clerk's Office at the hearing tomorrow and throughout the continu- ation of that litigation, if it should go further. There is the argu- ment that the City Attorney would become embroiled in the litigation. He has read the complaint and the petition and, based on his analysis of what position the City would take, he does not perceive an ethics conflict. If there is any discomfort at all, he feels the Commission should voice their opinion and the City Attorney's office would then retain outside counsel to represent them tomorrow morning. Mr. Weatherspoon questioned if the City Attorney feels comfort- able in handling this. The City Attorney stated he does not feel uncomfortable in that anything inappropriate is being done, either under the Attorney's Code of Ethics or under the State Statutory Ethics Codes that applies to public officials. The question remains whether or not the Commission wants the City Attorney's Office to represent those entities versus the Mayor. There is nothing technically wrong, it is the perception. Ms. Brainerd stated, if the City Attorney does not have a problem, she feels he should represent the City. Vice-Mayor McCarty stated she feels it places the City Attorney in an uncomfortable situation and, in order to ensure the public that there is nothing illegal involved, outside counsel should be used. The City Attorney stated his reasoning is the appearance of the impropriety. If the Commission has no problem with it, it is their obligation to bring it to their client's attention, even though the Commission is aware there is no impropriety. Mr. Weatherspoon questioned why this should be handled any differently than a lawsuit against any member of the Commission. The City Attorney stated the difference is the subject matter. He has no problem representing the City and the employees or officers when it is other employees suing the City, but in this case, it happens to be his boss, which creates an injunction problem. Mr. Weatherspoon stated, in that case, he would agree with Vice-Mayor McCarty. Mr. Andrews stated he is also in agreement. He would like the Interim City Manager to start formulating, in his mind, what actions he might take should the case be lost. He is concerned about some of the charges as to whether staff did the correct thing. Upon question by Vice-Mayor McCarty, Mr. Andrews stated he was referring to the City Clerk. The Interim City Manager questioned, with regard to what issue. The allegation, as he understands it, is that the City Clerk received the petitions, filed them and did what she was to do. There is a statutory limitation which requires the organizer to have his name affixed to the petition which is signed. There is an allegation that that was not done and, therefore, there was some sort of illegality as to the petitions which were presented to her. She did what the State Statute requires and he would question whether or not they were adequate as to form. The City Attorney advised that the lawsuit does not state that the City nor the City Clerk's office ever did anything inapprop- riate or not in accordance with the statutes. What this lawsuit is doing is trying to prevent the City Clerk's office from further doing what they are doing in accordance with the statute. Mr. Andrews com- mented he was under the impression there was an error involved with regard to the time limit. Vice-Mayor McCarty questioned, since the consensus is to seek outside counsel, if the City Attorney has any suggestions. The City Attorney stated he has made inquiries but has had no definitive re- sponse. His intention is to seek an outside law firm that is knowledg- able in local government matters, but with whom the City has no current arrangement. Vice-Mayor McCarty stated, in addition, this cannot be affiliated with any political group one way or another. -21- 8/22/89 Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 45.C.1. The Interim City Manager stated an attempt was made to reduce the amount of paperwork in the Commission packets this week and he will continue to fine tune that. In the future, if the Commission feels the depth of information is not adequate, he would like them to inform him and it will be increased. At this time, it is hoped that the memorandum will provide a synopsis of sufficient depth, as he feels this is the document that should answer most questions. The memorandum is being expanded and placed on the other side in order that notes can be made on the agenda. If that is not working, he would like to know so it can be changed. He commented there was a lot of extra material before the Commission tonight due to the results of the P&Z meeting of last night. Mayor Campbell declared the meeting adjourned at 10:08 P.M. ATTE S T: MAYOR 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 August 22, 1989, which minutes were formally approved and adopted by the City Commission on ~~,/~/?~ . 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. -22- 8/22/89