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05-12-87 MAY 12, 1987 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 7:12 P.M., Tuesday, May 12, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. William Echols, former Pastor of Cason Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented a proclamation proclaiming the week of May 10 - May 16, 1987, as "Small Business Week". Frank Wheat, President of the Chamber of Commerce came forward to accept the proclamation. 4.a. Mayor Campbell presented a proclamation proclaiming the week of May 10 - May 16, 1987, as "Historic Preservation Week". 5. The City Attorney requested that Item No. 19 be deleted and postponed for two weeks. There are additions and corrections that need to be made to the ordinance as written. Mr. Weatherspoon requested that Item Nos. 11 and 12 be moved to the Regular Agenda. Mrs. Horenburger moved to approve the agenda, postponing Item No. 19 until Staff is prepared to re-present it and moving Item Nos. 11 and 12 to the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horen- burger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 6. Notice of Intent to Lease. The Commission is to consider leasing the Georgia Town Property to the Community Redevelopment Author- ity. Approval is recommended. Mrs. Horenburger moved to approve the Notice of Intent to Lease, seconded by Mr. Dougherty. Mr. Dougherty questioned why the CRA could not pay the $35,000. Ken Simback, Director of the CRA, stated that the funds need to be appropriated. It is a follow through of Commission action that was taken nearly a month ago. Mrs. Horenburger moved to postpone the Notice of Intent to Lease, seconded by Mr. Weatherspoon. The City Attorney advised that if the CRA was going to use the property for site preparation or any other purpose, and they are not the City, it is considered appropriate that for liability purposes, they be a lessee during any intervening days. Mrs. Horenburger stated, in that event, her first motion would stand, seconded by Mr. Dougherty. Mr. Dougherty stated the agreement with CRA was entered into nearly two months ago and they were aware they were going to need the $35,000. It is his understanding that the property belongs to the City until the sum has been paid. The City Attorney advised that the title belongs to the City presently and will be transferred to the CRA when the monies have been paid. If they plan to use the property prior to closing, it is protection for the City to lease it to them. The City Attorney stated a ninety-day time limit on the lease would be appropri- ate. Mrs. Horenburger moved to approve the Notice of Intent to Lease for a period of ninety days, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 7. Appointment - Historic Preservation Commission. The Commission i~ to consider appointment of seven members to the Historic Preservation Commission. Approval is recommended. 8. Furniture for Commissioners' Offices. The Commission is to consider award of a contract to the low bidder, T.E.L., in the amount of $9,121.80, for the furniture for the Commissioners' new offices, with funds to come from the Commission Contingency Fund. Approval is recom- mended. 9. Change Order - City Marina Seawall Repair. The Commission is to consider approval of Change Order No. 2 in the amount of $8,417.62, which reflects the final cost for the project, with funds to come from the Marina Reserve. Contract price prior to this CO was $137,412.50. Approval is recommended. 10. Two Pumpers - Fire Department. The Commission is to consider awarding a contract to Pierce Manufacturing, Inc. to construct two 1,000 gallon pumpers in the amount of $329,066, with funds to come from the Utility Bond. Approval is recommended. 13. Summer Code Enforcement Proqram. The Commission is to consider authorizing employment of two school teachers from June 15th through August 14th and two clerk-typists from June 15th through August 21st at a cost varying from $9,880 to $10,080. Funds are to come from the Commission Contingency Account. Approval is recommended. 14. City Attorney's Office Move. The Commission is to consider approving the move of the City Attorney's office out of City Hall at a cost of $13,681, with funds to come from the Commission Contingency Account. Approval is recommended. 15. Termination of the Interlocal Agreement - Cooperative Dispatch Center. Resolution No. 17-87, authorizing the Mayor and the City Clerk to execute an amendment terminating the Interlocal Agreement between the City and CDC, is before the Commission for consideration. The caption of Resolution No. 17-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TERMINATING THE INTERLOCAL AGREE- MENT, DATED MARCH 10, 1977, WHICH ESTABLISHED THE COOP- ERATIVE DISPATCH CENTER OF SOUTH PALM BEACH COUNTY; AND DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO APPROPRIATE PARTIES. -2- 5/12/87 (Copy of Resolution No. 17-87 is on file in the official Resolution Book) REGULAR AGENDA Planning and Development 16. Site Plan - South .County Courthouse. The Commission is to consider a request for site plan approval for the South County Court- house, a proposed 64,013 square foot courthouse facility, located on the south side of West Atlantic Avenue, between S. W. 2nd Avenue and S. W. 3rd Avenue. It is zoned CF (Community Facilities) District and contains 6.84 acres. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. The proposed sidewalk along S. W. 2nd Avenue should extend the full length of the property. 2. Clarify the location of the curb referred to by the note "all curb shall be continuous". If curbing is intended to be used instead of carstops, the curbline must be extended out an additional two feet for car overhang. Although the portion of the parking stall in front of the carstop is permitted to be sodded there shall be no vehicular encroachment into a required landscaped area. 3. That additional fire hydrants be provided, with spacing not to exceed 300 feet road travel along interior access roads. 4. All retention areas indicated on the preliminary drainage plans are not shown on the landscape plan. Also indicate the slope and depth of retention areas by providing cross-section of retention areas. 5. Indicate the height, location and type of site lighting. Such lighting shall be sharp curb-off and directed away from adja- cent properties. 6. See comments from the Director of Public Utilities dated March 13, 1987. Procedural 7. Final landscape plans to be reviewed and approved by the City Horticulturist prior to sign-off. 8. That the applicant receive a "temporary variance" for a parking shortage of twenty-nine (29) spaces and the designation of twenty (20) unpaved reserved parking spaces which will exist until the police station is removed. 9. All signage shall be in accordance with Section 30-15.5(H) 1 thru 4. All signs shall be approved by the Community Appear- ance Board and the Building Department. 10. That prior to the issuance of any building permit replatting is required. 11. That prior to recordation of the plat, alleys within Block 45 shall be abandoned. 12. That drainage calculations be submitted with the plat. Standard Code 13. All improvements shall be completed in accordance with the approved site plan. 14. This application will expire within eighteen (18) months unless at least twenty-five (25) percent of the total cost of improve- ments are made by that time. If the application expires, a request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. Dorothy Wilkin, Commissioner of Palm Beach County, stated that this has been a unique and worthy experience for her, and a good one for Palm Beach County as well as the City of Delray. She expressed her thanks to the Boards and their reviews and stated that she was privi- leged to work with them on this project. The recommendations that were -3- 5/12/87 made were definite improvements to the overall project and she feels it has helped to make it a better looking and a more functional building. Ed Oliver, representing the Palm Beach Board of County Commis- sioners, stated he and his partner, the County Engineer and the Land- scape Architect are present to seek final approval for the courthouse. Mayor Campbell suggested that Mr. Oliver present the site plan to the public and the Commission and if they have any questions they can be answered at this time. Mr. Oliver explained the entire plan, including parking and landscaping for Phase I. They will be seeking a temporary variance for twenty nine parking spaces until the Police Station is demolished. 9,000 square feet of the building will not be in use at this time, so technically they are in compliance. At the time of demolition, the parking far exceeds the code requirement. He was concerned about the statement that all work be completed within eighteen months. Mayor Campbell stated that if construction was proceeding as planned, the time is routinely extended. The City Attorney advised the condition is that 25% of the construction be completed at the end of the eighteen month time period. Mr. Oliver presented the landscape plan, showing the entry ways, the parking, court yards and the outside colors, along with all the trees and shrubs. Upon question, Mr. Oliver stated he had been given no time frame in regard to the demolition of the old Police Station. Mrs. Horenburger stated she felt there should be a mechanism to phase in the 9,000 square feet to eliminate going to the Board of Adjustment for a temporary variance for parking. Mr. Oliver stated that he felt comfortable in the process as the Building Permit must be obtained in Delray. They plan to note on the drawings the non-habitable space and dead storage space, indicating it will not be necessary to have those required parking spaces. It will not be completed to the extent that a Certificate of Occupancy can be issued. He would be pleased if the City would make that a Condition of Approval. The City Attorney stated it could be worked out. Mrs. Horenburger moved to approve the site plan, subject to conditions, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Final Plat - David Andrews Subdivision. The Commission is to consider a request for final plat approval for David Andrews Subdivi- sion, a proposed two lot single family subdivision, located south of Lake Ida Road on the east side of Depot Avenue. It is zoned R-lA (Single Family Dwelling) District and contains 0.65 acres. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: 1. That the applicant be required to pay a pro-rata share, $1,000.00, toward the provision of a fire hydrant on Depot Avenue, 440 feet south of Lake Ida Road. 2. Prior to final sign-off of the plat, a minor non-impacting site plan modification must be approved, which deletes church parking from Lot 2. Current parking requirements for the church will be met by the remaining parking areas. Upon question, the City Attorney stated this is the subdivision of a parcel into two lots and under current definition, requires a plat. He stated they are in the process of revising the Code to the three-lot State used minimum. Mrs. Horenburger moved to approve the final plat, subject to conditions, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. -4- 5/12/87 McCarty - Yes; Mr. Weatherspoon - Abstained; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote, with Mr. Weatherspoon abstaining. 18. .Special Exception for Planned Commercial Development. The Commission is to consider approval of City comments on County Petition 85-124A, a request for special exception for a Planned Commercial Development for an existing marina on N. E. 8th Street. The property is a County pocket subject to the Enclave Act. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: 1. That the PCD be limited to the existing uses now on the site, and the temporary boat racks; 2. That the temporary boat racks not exceed three (3) boats in height, and should be screened from view by adequate landscap- ing; 3. That existing buildings should be rehabilitated to comply with applicable codes; and 4. That no bar or lounge should be added to the site. Upon question, the City Attorney stated that should the pro- perty be annexed into the City prior to obtaining a building permit, they will be under City jurisdiction. Should they obtain a building permit prior to being annexed into the City, they will continue under the County's supervision, obtaining the CO from the County. Mrs. Horenburger moved to transmit the Staff's comments to the County, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: Mrs. Horenburger stated that she understands they are looking for a conditional use approval, which is called a Special Exception from the County at this time. After they have that, they would like to be annexed into the City; however they have not made a decision as to where they will obtain the building permit. The City Attorney advised that the County's approval of the Special Exception or Conditional Use is not binding on the City, if they are annexed prior to obtaining permits. If what they propose to do on the site requires conditional use approval they would also need to obtain that from the City. Upon question, the City Attorney stated some modification or other conditions can be made to the approval, even if it is identical to what the City permits. Mr. Dougherty stated that the Commission has before them a recommendation and yet there is some sort of opposition to this planned use and it is not certain this has been resolved by the contiguous owner. Stan Weedon, Acting Planning Director, stated it has been presented to the City, but the City does not have a formal mechanism for investigating a petition at the County. Mr. Dougherty stated he feels the City should be representing the contiguous landowners' objections. Stan Weedon stated the hearing before the County will be a Public Hearing where those affected persons will have been notified. Mr. Dougherty stated he feels since they are residents of the City, the Commission should be cognizant of their position. If they have an objection, the City should consider that prior to making a recommendation to the County. Mrs. Horenburger stated she has had no contact from those persons and she cannot represent those persons affected if they do not inform her of their feelings. -5- 5/12/87 Mayor Campbell stated he is concerned about the height of the building, as he has been told it is going to be a four-story structure. Upon question if this is to be a site plan approval of a four-story building, Stan Weedon assured him that it is not in the application he has received. Mayor Campbell stated when the time comes for site plan approval, he feels it needs to be scrutinized very carefully. At this time the roll was called to the motion. 20. Ordinance No. 42-87 - Bonardi Annexation. Ordinance No. 42-87, ~elative to annexing a 0.49-acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the west side of N. W. 4th Avenue between N. W. 9th Street and N. W. llth Street, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held June 9th. The City Manager presented Ordinance No. 42-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF LOT 2, SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS THE EAST 25 FEET THEREOF AND THE SOUTH 16 FEET THEREOF, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, PLAT BOOK 1, PAGE 4, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF N. W. 4TH AVENUE, BETWEEN N. W. 9TH STREET AND N. W. llTH STREET; 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 42-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Ordinance No. 43-87 - Sawgrass Construction Company Annexation. Ordinance No. 43-87, relative to annexing a 1.46-acre parcel, subject to R-1AAA (Single Family Dwelling) District, located at the south end of Greenbriar Drive, on the west side of the cul-de-sac, in the Woodvue Subdivision on the south side of Germantown Road, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held June 9th. The City Manager presented Ordinance No. 43-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 7, WOODVUE, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 37, PAGE 19, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED AT THE SOUTH END OF GREENBRIAR DRIVE, ON THE WEST SIDE OF THE CUL-DE-SAC, WITHIN THE WOODVUE SUBDIVISION; 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 R-1AAA (SINGLE FAMILY DWELLING) DIS- TRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 43-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - -6- 5/12/87 Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Ordinance No. 44-87 - Amending Zoning Code - Definition of Frontage. Ordinance No. 44-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of frontage, is before the Cormmission on First Reading. If passed, Public Hearing will be held May 26th. The City Manager presented Ordinance No. 44-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS", BY AMENDING SUBSECTION (41), "FRONTAGE", TO ADD "EXCEPT FOR PROPERTY LINES WHICH ABUT A MAJOR OR MINOR THOROUGHFARE, IN WHICH CASE THE MAJOR AND/OR MINOR THOROUGHFARE LOT LINE, OR LINES, SHALL BE DEEMED THE FRONTAGE"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 44-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: Upon question, the City Attorney stated that it avoids a situation such as a person purchasing all the lots along Federal Highway that are east to west long, combining them and resulting in the shortest frontage making the front of the lot face north, as opposed to facing Federal Highway. All of the setbacks are computed based on the lot frontage. The current definition requires that you turn your building sideways. At this point the roll was called to the motion. 11. Dismantling of Elevated Water Storage Tank. The Commission is to consider awarding a contract to Utility Service, Inc., in the amount of $19,950 to dismantle and remove the N. E. 3rd Avenue elevated water storage tank, with funds to come from the Water/Sewer Operating Fund. Approval is recommended. Mrs. Horenburger left the Commission Chambers at this time. Mr. Weatherspoon questioned if there was any potential use for the water storage tank. The City Manager stated there would need to be a major overhaul, as it no longer fits into the system. Mr. Weatherspoon moved for approval of the contract, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 12. Janitorial Service - Public Safety Building. The Commission is to consider awarding a contract to Action Kleen in the amount of $3,700 per month for daily service and windows, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Weatherspoon stated that he understood the recommendation of the committee was for the second low bidder. The first low bidder had been in business for a much longer period of time and there was a $1500 difference involved. The number of employees over the age of eighteen was comparable in both companies. Chief Kilgore stated that the low bidder has been in business for an eighteen-month period and has not taken into consideration the additional employees that would be needed, but is willing to hire them -7- 5/12/87 if he is awarded the contract. The low bidder hires part-time people; those who work a regular eight hour day and moonlight for him. The City Manager stated that a similar situation occurred in City Hall two years ago and it soon became obvious that it was not working. Mr. Weatherspoon moved for approval of the contract to Action Kleen, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. ~egal 23. Settlement Offer - Brunswick v. City of Delray Beach. The Commission is to consider an offer of settlement in the Brunswick v. City of Delray Beach case in the amount of $3,500. Approval is recom- mended. Mr. Weatherspoon moved for approval of the offer of settlement, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 24. ~greement - Acquisition of Delray Beach Elementary School Site. The Commission is to consider authorizing execution of an agreement between the City and The School Board of Palm Beach County for the acquisition of the Delray Beach Elementary School Site. Mrs. Horenburger moved to approve the agreement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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 stated that for future reference and for policy purposes, he would like a report given to the Commission at a workshop. If there are any concerns, it will allow the members to do some research or at least discuss the matter prior to a vote. His main concern is the amount to be paid to the School Board. He understood originally that the school was being donated to the City. He would like to know exactly what the cost is going to be for the City in regard to utilities, road improvement or any other charges involved. Mrs. Horenburger stated the original agreement was for a three-way swap with the developer of the property who was to donate fifteen acres to the School Board to build a school. The City was then going to take the impact fee from the remainder of the development and give it to the School Board and claim the old school. They were to get the school site free and the City was to get the old school for impact fees and some other costs of sewer fees, etc. The School Board did not get the property free and she understands they paid nearly $800,000 for the parcel. A comment was made, apparently by a Staff member, that the City was to treat the School Board like any other developer. The School Board decided they would treat the City like any other property purchas- er, since they did not get the property free as originally planned. The appraisal for the land and improvements were estimated to be 1.2 mil- lion, so the City is basically going to pay approximately half of that amount. Upon question, the City Manager stated the total cost for roads and utilities to serve the site will be just over $400,000. As the development expands, the City will be reimbursed for a portion of that cost. The City Attorney stated that, theoretically, the City will recoup all that is being advanced for those costs. The City will be -8- 5/12/87 paying a portion of the impact fees when the property is developed but, in return for that, the City will be granted the use of the Barwick School Facility after hours as playground facilities. At this point the roll was called to the motion. 12. Elizabeth Matthews questioned the cost of the janitorial fee of some $45,000 to clean the new Public Safety Building compared with that of cleaning City Hall. The City Manager stated it was between $36,000 and $37,000; however, the new Public Safety Facility is just under double the size of City Hall. This figure includes all the cleaning supplies, toilet tissue, trash bags, etc. General Administration, Finance and Personnel 25. Ordinance No. 45-87 - Amending Code - Pensions for General Employees. Ordinance No. 45-87, amending Chapter 12 "Pensions and Retirement" of the Code of Ordinances to provide for the optional participation of department heads in the City Pension Plan, is before the Commission on First Reading. If passed, Public Hearing will be held May 26th. The City Manager presented Ordinance No. 45-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOY- EES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-79, "ELIGIBILITY; PARTICIPATION", AND SECTION 18-80, "SERVICE", TO PROVIDE FOR THE OPTIONAL PARTICIPATION OF DEPARTMENT HEADS IN THE PLAN AND TO PROHIBIT A DEPARTMENT HEAD FROM RECEIVING RETIREMENT BENEFITS WHILE ACTIVELY EMPLOYED BY THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for approval of Ordinance No. 45-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Com- mission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Note: Mrs. Horenburger left the Commission Chambers before the roll was called to the motion.) Before roll call the following discussion was had: Mr. Dougherty questioned if the people that are opting out are aware it is a one-time option. He feels the language should be made clear to eliminate any misunderstanding. He requested a definition of Department Heads and Assistants. The City Attorney stated it is just Department Heads. The Assistants are the Assistant City Manager and the Assistant City Attorney. Mrs. Horenburger suggested another area that should be more explicit is if an assistant were to move on to another job and then be rehired by the City at a later date for another position, it should be spelled out that they will be in a position to opt out if they should return in a different capacity. Mr. Dougherty questioned what monies the tenured person who is leaving the City receives. He requested a clarification as to whether they would receive only their contribution, or the contribution from the City in addition to any accrued interest. The City Attorney stated they would get none of that, but solely their principal contributions. Upon question if this is effective even after ten years, the City Attorney stated, "even after fifty years", with no interest or the employer match. Mr. Dougherty stated he felt this was unfair to the employee as he feels the City's contribution is vested in that employee when he becomes vested. He understands how the employee would lose it if he were not vested, but it is standard practice that the employer's con- tribution is his. The City Attorney stated that there is no specific -9- 5/12/87 percentage assigned to the employee, unlike there is for the Department Heads. It is based on actuarial requirements and soundness, not as to specific age or duration of service. Mr. Dougherty stated it does not seem to make a difference whether that percentage floats up or down annually, but whether the City actually contributes to the pension system. The City Attorney stated that contributions are made to meet actuarial requirements, but the amount varies considerably, based on what the City's output has been for the previous year. The amount the City contributes, even though the employee stays another year and no new employees are hired, is based on the fact that there may be five dis- abilities, three early retirements and six regular retirements. The City's contribution for the following year would need to be increased to meet the necessary pay-outs. Therefore, the percentage would be higher, even though the amount to the employee would be the same. Mr. Dougherty stated he feels money was submitted to the pension system, based on whatever the values are, and it belongs to that employee, once he is vested. His accrual rate and retirement rate should be based on the actual contribution. The City Attorney advised that it was not, due to the fact that the City is under a Defined Benefit Plan. Only a per- centage of salary is due the employee, regardless of how much has been contributed. Unlike a deferred compensation plan, which is the plan the Department Heads have, what goes in is all that comes out. If $10,000 is contributed and the employee wants to receive it over a period of ten years, the amount will be $1,000 per year. Their plan, if employed for ten years, is going to be 25% of the existing salary, regardless of how much money has been invested since they began with the City ten years ago. In order to change this process, the City would need to convert the pension plan to a Defined Contribution System. The City Attorney stated a study was made three years ago to convert the plan to a Defined Contribution System, but it is very expensive. Mayor Campbell stated the only way to do this would be to substantially raise taxes. His suggestion was to incorporate it into the upcoming budgetary workshops. Mrs. Horenburger left the Commission Chambers at this time. The City Attorney stated there were some benefits triggered by being vested, including non-service incurred disabilities. If the Commission would like, they could have Wyatt Company present a brief overview. Mr. Dougherty suggested they might inform the Commission as to what exactly is a fair return to the employee. The City Attorney stated they would get the requested information for the Commission. At this time the roll was called to the motion. 26. Ordinance No. 46-87 - Amending Code - Pensions for Police and Firemen. Ordinance No. 46-87, amending Chapter 18 "Pensions and Retire- ment'' of the Code of Ordinances to provide for the optional participa- tion of the Police Chief and Fire Chief in the Police and Firefighter Employees Pension Plan, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 26th. Mrs. Horenburger returned to the Commission Chambers at this time. The City Manager presented Ordinance No. 46-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-46(6), "EMPLOYEE", AND SECTION 18-48(7), "VESTING", TO PROVIDE FOR THE OPTIONAL PARTICIPATION OF THE POLICE CHIEF AND FIRE CHIEF IN THE SYSTEM AND TO PROHIBIT A POLICE CHIEF OR FIRE CHIEF FROM RECEIVING RETIREMENT BENEFITS WHILE ACTIVELY EMPLOYED BY THE CITY; AMENDING SECTION 18-51(1), "ADMINI- STRATION'', TO PROVIDE FOR A DESIGNEE TO SERVE ON THE BOARD OF TRUSTEES IN THE EVENT THE POLICE CHIEF OR FIRE CHIEF TERMINATES HIS PARTICIPATION IN THE RETIREMENT -10- 5/12/87 SYSTEM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 46-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 27. Mrs. Horenburger moved for approval of the minutes of the Regular Meetings of April 14, 1987 and April 28, 1987 and Special Meeting of April 21, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28.a.1. Mr. Weatherspoon questioned the status of the bills pending in Tallahassee. The City Manager stated the Lake Worth Drainage District is still being discussed and looks as though it has a good chance. Mrs. Horenburger stated that three of the major bills were in committee on Monday and are presumed to have passed, although she has had no actual information as yet. There was a waiver to prevent them from going to another committee, but to go immediately to the floor. 28.a.2. Mr. Weatherspoon questioned if there is a problem with the resurfacing on Marine Way. The City Manager stated that a letter has been mailed to the residents indicating the entire resurfacing will take place this fiscal year. 28.a.3. Mrs. Horenburger questioned the reasoning behind the barricades on Dixie Highway behind the Delray Mall. She feels there should be a better way to reroute traffic, than to blOck off half of Dixie Highway. The City Manager stated it would be looked into. 28.a.4. Mrs. Horenburger stated that Mr. Louis Marechal, who served on the Board of Adjustment and also the Planning and Zoning Board, has passed away and she requested a moment of silence in his memory. 28.a.5. Mrs. McCarty questioned the status of the Flagpole Monument, which was to have been completed on May 1st, and the gazebo at the beach. Joe Weldon, Director of Parks and Recreation, stated the Flag- pole Monument is completed with the exception of the electrical work. The contractor has defaulted and the City has taken over the remainder of the project. In regard to the gazebo, there have been some modifi- cations by the Building Department and, after changes have been made by the Landscape Architect, the plans will be redrawn. Hopefully, this can be worked out with the successful bidder within ten percent of the bid price. It is hoped this will take place within the next two weeks. As for the flagpole, he is hoping it will be completed within a week or ten days. 28.a.6. Mrs. McCarty questioned the status of the Management Study. The City Manager stated he is anticipating the final results within the next week. 28.a.7. Mrs. McCarty questioned the status of the Newsrack Ordinance. The City Attorney stated there were some proposals made, but did not feel a lot of time should be spent on research. The proposals seem to be a duplication of ordinance provisions this Commission considered and rejected approximately three years ago. After doing some comparisons and updating the research, there was a serious concern they would not meet constitutional muster. He suggested they postpone putting it on a workshop until their office can provide all the model codes and updated research to eliminate extra drafting time. He anticipates having that information available to the Commission in time for the Workshop on June 2nd. -11- 5/12/87 Mrs. Horenburger stated that Boynton is currently discussing this and have looked at some local ordinances, relative to the condition of the boxes, their placement, etc. The City Attorney advised that some of the provisions have been problems in the past, like uniform size, no advertising and uniform coloring that the individuals in the publishing industry love to litigate under. It should be understood that the City may need to force the issue. 28.a.8. Mrs. McCarty stated she would like to readdress the traffic situation on North Federal Highway regarding the flea market on the upcoming workshop. 28.a.9. Mrs. Horenburger stated that she would like to discuss the proposed well field sites on an upcoming workshop. She is upset that the City is coming in so late to this process. 28.a.10. Mrs. Horenburger stated that she is also concerned about the bond issue, since it has fallen out of the bond market and the City has not floated their bond. She would like figures on the dates of the validation hearing, its postponement, how much money is being lost because of this delay and how much it is going to cost the City in the final analysis in interest being lost due to the delay. 28.a.11. Mayor Campbell requested that an answer to the citizenry, relative to the approach to the crime problem, be discussed at the upcoming workshop. It is to be decided if there are immediate staffing needs to be adjusted with the Police Department. The City Manager stated it will be placed on the Workshop of May 19th. 28.a.12. Mayor Campbell stated that the composition and procedures of the Code Enforcement Board were workshopped the previous week and he would like an update on that, by memorandum, indicating when that becomes effective. 28.b.1. The City Attorney stated that he needs a confirmation from the Commission in regard to the Gracey-Helm property. This is for the property north of the school site. The Commission authorized the purchase of the property for $197,000 less a $13,500 lien, leaving a net cost of $183,500. The closing is subject to confirmation of value by an appraisal and is currently scheduled for tomorrow afternoon. The written appraisal report has not been received, but the appraiser gave a verbal assurance that he would see that the City received a copy of his appraisal in the amount of $192,000. The City Attorney stated he needs a confirmation from the Commission that the one appraisal is of suffi- cient comparable value to allow him to proceed with the closing. Mr. Dougherty suggested that an attempt be made to negotiate the difference between $197,000 and $192,000. The Commission concurred. 28.b.2. The City Attorney stated there was an issue presented to him this afternoon, not allowing enough time to place it on the agenda, but needs direction from the Commission. An issue arose concerning the zoning on the property for the Marina Delray with regard to the lessee's application for a liquor license. The City stated at the time the lawsuit was instituted against the Marina Delray, which took the pos- ition that the non-conforming use status had lapsed, even though they were not going to issue a permanent CO nor an occupational license, they would allow them to continue to operate. The current status of the property is that they are working on improvements and their deadline to open is 11:59 P.M., Sunday, the 17th. If they do not meet that dead- line, another 180 days will have elapsed. The issue before the City, with which there is a problem, is that the liquor license through the Department of Business Regulations requires the local zoning authority, in this case the City, to execute a statement indicating whether or not the subject property does or does not comply with zoning requirements. It is the opinion of this office that, based on the position being taken in the lawsuit, the property does not comply with the zoning. In other words, they are an illegal use operating as a lapsed non-conforming use. Without the City signing that they do comply, they may have difficulty obtaining their liquor license. If the Commission so desires, they can authorize the City Attorney to write a letter stating that they do not -12- 5/12/87 comply; however, that subject is in litigation and pending a judicial determination that would affirm the position being taken. Upon question, the City Attorney stated the significance is that he can not state absolutely, but he does not feel they will be able to obtain their alcoholic beverage license if they do not show they are in compliance with local zoning. Mrs. Horenburger stated that she felt they should just answer that they do not. Mr. Dougherty stated that he feels the Commission knows that it is in litigation on the basis that they do not comply. When it was agreed, he did not hear any objection when the receiver informed every- one he was opening the following day. He questioned if it would be permissible to answer that the Marina Delray does not comply, with an asterisk, indicating an explanation. The City Attorney advised that he can, but felt the decision should come from the Commission. Mayor Campbell stated that he does not agree. He feels it is a half-hearted position that says the City is suing, but hesitant because the outcome is undecided. The City legitimately entered into litiga- tion, believing they had a right position, and now to backstep seems inconsistent with the position of the lawsuit. Mr. Weatherspoon stated he does not feel the Commission is sidestepping the issue, but merely stating they do not comply. If the Court decision should go against the City, then the applicant would be suing for potential loss of profit. He feels there should be an explan- ation along with the "no" answer, stating that it is being contested. Mrs. Horenburger stated that she feels the reason the question was asked originally, was to be sure that the local government concurs that the use is appropriate. She also feels that the applicant will make haste to explain to the Department of Business Regulation that the suit is pending. Mrs. McCarty stated she feels this came up rather suddenly, and it should not be necessary for the Commission to render a decision on such short notice. Even though the issue appears clear, she feels there should be ample time allowed for discussion and research, when neces- sary. Kevin Beuttenmuller, representing the receiver of the Marina Delray property, stated that he would like to educate the Commission to their lawsuit and the ramifications to both the receivership property and to the Commission, as they seem prepared to answer that it does not comply. The lawsuit is an action under Chapter 86 asking for declar- atory relief. In essence, the City is saying they do not know what the legal relationship of this property is, are unable to make a determi- nation, so are requesting that the Court give them an interpretation. While the suit is pending, there is no judicial determination the property is in violation of the non-conforming use ordinance. It is the receiver's position that, for the Commission to say to the Beverage Commission that the property is not in compliance, is going further than the actual lawsuit. He stated they have been before the Commission on previous occasions and the tolling for the 3rd non-conforming use period was lifted on March 10th. The lessee has expended substantial amounts to come into compliance to be able to open for business this weekend. He feels it is unwarranted to be brought before the Commission, as it is clear there has been no judicial determination as to whether the proper- ty is not in conformance. Upon question, the City Attorney stated he disagrees with the analysis presented by Mr. Beuttenmuller. He feels the declaration of rights does not relate to the fact that the City considers the use has lapsed. The declaration request is, what do we do now? Mr. Dougherty questioned if the Commission gave the Marina approval to reopen, providing they opened within the time limit. As he recalls, they were instructed to open under present conditions. He feels it was not objectionable at that time to have them reopen so, in -13- 5/12/87 all fairness, there should be some explanation made to the Division of Alcohol, Beverage and Tobacco, and allow them to make the decision. If agreeable, perhaps an extension of 15 or 30 days could be granted in order to see that the situation is resolved properly. Mrs. Horenburger stated she feels that the Commission is not stopping them from opening, only that they will not be allowed to serve alcoholic beverages immediately. If the State denies the liquor license for whatever reason, they can still operate as a restaurant and hotel. Elizabeth Matthews stated she feels the intent of the Commis- sion at the time the lawsuit was entered into was to protect the City from any potential liability. If some sort of clarifying statement can be made, it will be in the City's interest. The City Attorney, upon concurrence of the Commission, stated that the answer to be transmitted will then be: "Does not comply; see attached." 28.c.1. The City Manager stated that at the upcoming workshop there will be a discussion of the funding and selection of architects for the Old School Building. He will have a report available for the Commission at the workshop. 28.c.2. The City Manager presented an invitation to the Commission from the Duncan Conference Center. This is one of the recommendations that will result from the Management Study for a series of goal-setting programs. This is a good site for the Commission to meet as it is located in an extremely conducive environment. 28.c.3. The City Manager stated at the upcoming workshop, the Commis- sion will be requested to discuss the early hiring of additional police officers. To avoid misunderstanding he would like them to be aware of the time element involved. By starting now there remains a two to four month process in the recruitment and selection of officers. If they can be registered into the August 15th Police Academy, by February, 1988, those individuals will be available for placement on the street. He will submit a report to the Commission relative to the accreditation of the department from the management audit. 28.c.4. The City Manager presented a Distinguished Budget Presentation Award, based on the product of a TEAM effort. He feels it is quite an honor for the City, the Staff, the Commission and the public. 28.d.1. Mrs. Slavin, resident of Rainberry Bay, stated she would like to thank Mrs. McCarty for calling the Special Meeting on the subject of the Golf Course. There were over two hundred golfers present, it was excellently conducted and many good points were submitted. Item F on the agenda was a Citizen's Advisory Committee, which was not appointed at that time. Since then she and two of the leading organizers have discussed the emulation of the diligent and efficient work of Elizabeth Matthews and her work at the beach. They would like the golf course to have the same attention that is showered on the beach. She is request- ing the appointment of an Advisory Committee, a report within a three month period on the condition of the golf course and a verification that some of the members can inspect it. 28.d.2. Joni Berry, 3299 Lowson Boulevard, stated she would like to address community involvement in combatting the drug problem in the City. On April 1, 1987, she invited the leader of the Guardian Angels, Paul Martinelli, to come to Delray. The Angels accompanied her on a tour of the drug-ridden areas, which resulted in a terrifying exposure for her. If all the citizens could have an opportunity to experience what she saw, they would not hesitate to attend the anti-drug rally planned for May 30th. Mayor Campbell declared the meeting adjourned at 9:12 P.M. -14- 5/12/87 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 May 12, 1987, 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. -15- 5/12/87