08-05-03 AUGUST 5, 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Vice Mayor Levinson in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, August 5, 2003.
1. Roll call showed:
Present -
Absent -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Vice Mayor Jon Levinson
Commissioner Bob Costin
Mayor Jeff Perlman
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2_ Pastor Klay Aspinwall with Lakeview Baptist Church dedicated tonight's
Invocation to Kathryn (Katie) Black. Katie was killed in an automobile accident Sunday, August
3, 2003. She was a graduate of Atlantic High School, attended Florida Atlantic University and
recently graduated magna cum laude from Babson College in Wellesley, Massachusetts.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL:
Vice Mayor Levinson stated the Muscular Dystrophy Association has requested
Item 6.A., City of Delra¥ Beach Firefighters' Appreciation Week Proclamation be deferred
to the next Regular Commission Meeting of August 19, 2003.
Vice Mayor Levinson stated Item 8.G., Tri-Part¥ Agreement/First Night 2004
will be postponed to the next Regular Commission Meeting of August 19, 2003.
Vice Mayor Levinson noted the addition of Item 9.C., Award of Contract/Law
Enforcement Systems, Inc. to the Regular Agenda by addendum, however, the City Manager
stated this item was sent out inadvertently. Vice Mayor Levinson requested that Item 9.C.,
Award of Contract/Law Enforcement Systems, Inc. be removed from the Agenda.
For clarification, Vice Mayor Levinson stated Item 10.A., Ordinance No. 22-03
should read "permitted use" not "principal use".
Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor
Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote.
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APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of July 22,
2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor
Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0
vote.
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PROCLAMATIONS:
6.A. City of Delray Beach Fire Fighter Appreciation Week - August 25th -- September
1, 2003 Recognizing and Commending the People of Jamaica
This proclamation has been postponed until the Regular Commission Meeting of
August 19, 2003.
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Recognizing and Commending the People of Jamaica
Vice Mayor Levinson read and presented a proclamation hereby recognizing and
commending the People of Jamaica on their many contributions and achievements that
continually enhance the lives of individuals and communities alike. Elizabeth Wesley, Designee,
came forward to accept the proclamation.
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PRESENTATIONS:
7.A. RESOLUTION NO. 51-03: Recognizing and Commending Ellen Wickert for
30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 51-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING ELLEN WICKERT FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
(The official copy of Resolution No. 51-03 is on file in the City Clerk's office.)
Vice Mayor Levinson read and presented Resolution No. 51-03 along with a
plaque to Ellen Wickert, Administrator Officer. Ms. Wickert came forward to accept the
resolution and Chief Koen recognized Ms. Wickert for her dedicated service to the City of
Delray Beach.
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08/05/03
Mrs. Archer moved to approve Resolution No. 51-03, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy
- Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/POINTE AT LAMBERT
TRAILER COURT: Approve the subdivision plat for Pointe at Lambert Trailer Court, located
on the southeast corner of S.E. 5th Avenue and East Atlantic Avenue.
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INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and the
Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00.
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PALM BEACH COUNTY SPORTS COMMISSION/CITY OF DELRAY
BEACH AGREEMENT: Approve an agreement between the City of Delray Beach and the
Palm Beach County Sports Commission for the development of a Community Olympic
Development Wrestling Program at Atlantic High School in the amount of $10,000.00.
Funding is available from 115-4924-572-49.90 (Special Projects Fund/Other Current Charges).
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CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING
AGREEMENTS: Approve and authorize the execution of funding agreements in the total
amount of $11,200.00 with four (4) sub-recipients (Southwest President's Association, Delray
Beach American Little League, Expanding and Preserving Our Cultural Heritage (EPOCH), and
Children Learning After School Sessions, Inc. (CLASS)) under the Weed & Seed program for
FY 2003. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other
Grams/Aid).
8.E. MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.:
Approve an agreement between the City of Delray Beach and Motorola, Inc. for the
maintenance and support of the Police Department's field computer applications. Funding is
available from 001-2113-521-46.90 (General Fund/Other Repair & Maintenance Costs).
8.F. ACCEPTANCE OF INTERLOCAL AGREEMENT/BUS SHELTERS:
Approve and accept an interlocal agreement between the City of Delray Beach and Palm Beach
County for reimbursement funding regarding the installation of forty-seven (47) transit bus
shelters throughout the City.
8.G. TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement
between the City, Joint Venture, and Old School and proposed budget for the First Night 2004
Event.
19,2003.
This item has been postponed until the Regular Commission Meeting of August
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TEMPORARY SERVICES/PLANNING AND ZONING DEPARTMENT:
Approve an increase in the amount of $7,001.00 to the existing purchase order for temporary
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08/05/03
services for the Planning and Zoning Department, to a total of $22,000.00.
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period July 21,
2003 through August 1, 2003.
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AWARD OF BIDS AND CONTRACTS:
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Contract award to Atlantic Painting & Sandblasting, Inc. in the amount of
$47,300.00 via the Martin County Contract for sandblasting and painting
the metal surfaces within Clarifier No. 3 at the Water Treatment Plant.
Funding is available from 441-5122-536-46.90 (Other
Repair/Maintenance).
Purchase award to FiberCat Networking in the amount of $45,870.82 for
new surveillance computer/video monitors for the Water Treatment Plant
Control Room. Funding is available from 441-5122-536-64.90 (Other
Machinery/Equipment).
Purchase award to the Dictaphone Corporation in the amount of
$66,919.70 via GSA Contract #GS-03-F-4040B for a replacement voice
recording system for the Police Department Communications Center.
Funding is available from 001-2113-521-64.90 (Other
Machinery/Equipment).
Contract award to the Florida Coca-Cola Bottling Company for beverage
vending services and fountain services.
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor
Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote.
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REGULAR AGENDA:
9.A. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL
SHOW: Consider approval of a special event request to allow the 1st Annual Asian Food Fair
and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on April 3-4,
2004 from 11:00 a.m. until 6:00 p.m. on the grounds of Old School Square and on a portion of
the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit
per LDR Section 2.3.6(H) for the closure and use ofN.E. 1st Avenue north of the grounds of Old
School Square to N.E. 1st Street, staff assistance for traffic control/security, trash removal/clean
up with event signage to be installed one week prior to the event; contingent on the sponsor
providing a hold harmless agreement, certificate of insurance, and approval from the CRA for
the use of their parking lot.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the 1st
Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida
proposed to be held April 3-4, 2004, from 11:00 a.m. to 6:00 p.m. Mr. Barcinski stated the
request also includes a request to grant a temporary use permit per LDR Section 2.3.6(H) for the
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08/05/03
closure and use ofN.E. 1st Avenue north of the grounds of Old School Square to N.E. 1st Street
and to authorize staff support as needed.
The estimated overtime costs for the event are $2,340 with an estimate of an
additional $450 for event signage and barricade rental. The event sponsor does have a 501(c)(3)
and per the City's event policies, would not pay any overtime costs this year.
Mrs. Archer asked why the event sponsor was not able to continue this event at
Morikami. In response, Mr. Barcinski stated it is his understanding that part of the reason is for
better exposure and attendance in downtown Delray Beach.
Mohammed Emran, President of Bangladesh Association of Florida, stated
Morikami had a scheduling problem, in addition, Mr. Emran stated he feels it will be good
publicity to hold the event downtown and hopes to continue at this location.
Ms. McCarthy asked if there will be any complications with regard to the closure
of N.E. 1st Street. In response, Mr. Barcinski stated there should not be any problems with
regard to the street closure.
Mrs. Archer moved to approve the special event request for the 1st Asian Food
Fair and Cultural Show to be held on April 3-4, 2004, at Old School Square per staff
recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Vice Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with
a 3 to 0 vote.
9.B. PUBLIC COMMENTS/ FY 2004 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2004 Proposed Budget at this
time.
The City Manager stated the total departmental requests for the General Fund
amount to $75,337,000 and available revenues amount to $70,893,000. The City Manager stated
there are approximately $4.5 million in requests which are not funded and explained some new
initiatives which are funded.
The City Manager stated one new employee will be added in the cemetery.
Secondly, the City Manager stated UTB will convert the printing of the utility
bills to a laser printing system the printing on the current bill interferes with where the postal
service places the bar coding to route the mail and the perforation is getting torn in the mail
sorting machine. Consequently, the City Manager stated the Post Office has increased what they
charge to mail the postcards and staff has determined some ways to reduce the costs of sending
letters. The City Manager stated this can also be used for other applications as well.
Third, the City Manager stated the digital packet data the Police Department has
used in communicating from their laptop computers in their vehicles will no longer be available
at some point during the year. The City Manager stated CDMA is the new technology that will
replace the CDPD.
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The City Manager stated two computers will be replaced (IBM AS400) for the
Police Department and City Hall and the systems that will replace these are exact mirror images
of each other so that they will be better able to support each other if one goes down.
The City Manager stated there is a major reorganization of the Summer Day
Camp Program and the Children's Services Council has made the decision those children who
are in After School Care should be in the same program year-round. Those children that are in
the After School Program will continue into the summer program and will not re-enroll into the
Summer Day Care Program. The City Manager stated some people like to use only the Summer
Day Camp Program and therefore a separate Summer Day Camp Program will continue to meet
the needs of those people who only want to take advantage of the summer day camp and not the
year-round after school care.
The City Manager stated he received a request for several new personnel in the
Fire Department. The number of EMS calls continues to increase which creates the need for
more staffing. The City Manager explained five people are needed to have one person there 24
hrs 7 days a week due to vacation schedules, training, sick days, etc. The City Manager stated
Chief Koen has presented a new proposal requesting three people versus five since the first year
of employment an employee does not receive vacation. Therefore, the City Manager stated the
Chief can fill the first year with three individuals and add two more individuals next year. The
City Manager stated he will look at the possibility of adding these positions in January or April
2004.
The City Manager stated he is concerned with the level of fire inspections because
of the growth of the City and commented the City is not getting into businesses as often as he
would like to see. The Community Improvement Department has been working with the Police
Department on problems with rental properties and they would like to create a position of a
Rental Housing Inspector. The City Manager stated staff is proposing an increase in the landlord
permit fees to fund this position.
The City Manager stated because of the performance of the stock market over the
last three years there have been large increases in the pension costs. Therefore, it is proposed
that those employees under the bargaining unit will contribute 4% of their salary and civil
service employees will contribute 2% of their salary into the pension plan beginning October 1,
2003.
Vice Mayor Levinson opened the public hearing.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, inquired if the City
will be hiring an assistant for the Animal Control Officer. The City Manager informed Miss
Zimmerman that the City will be hiring an assistant for the Animal Control Officer.
Secondly, Miss Zimmerman stated she would like to see the City hire additional
Code Enforcement Officer's because she feels this would help to keep the community clean.
Miss Zimmerman stated there is now a program downtown where a consultant came in regarding
the trash. Miss Zimmerman commented the trash is not just in the residential areas but is also in
the business areas as well. Miss Zimmerman suggested that there be something in the residential
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community called "Clean and Green" because she feels people are not properly taking care of
their swales and stated the neighborhoods are unsightly.
Miss Zimmerman stated the President's Council has something new called "Pride
in Your Neighborhood" and sixty awards have been presented to different homeowners that have
improved the appearance of their homes. Miss Zimmerman stated the President's Council is a
non-profit organization and therefore needs the City to help support them in order to be able to
enforce it. Miss Zimmerman stated she likes the idea of rental inspectors to help inspect rental
housing.
Alice Finst, 707 Place Tavant, Delray Beach, stated she went out with Miss
Zimmerman to do the "Pride and Neighborhood Awards" this weekend and stated she was
amazed that the rights-of-way and swales have turned into fleet parking areas. Ms. Finst
suggested that the City hire a part-time employee to work from 4:30 p.m. until dusk in addition
to working six or seven hours on the weekend. Mrs. Finst stated in neighborhoods with bulk
trash pickup that things sit out for sometimes more than a week because people tend to get the
garbage pickup days confused.
Mrs. Finst commented about Bright Park located on 5th Avenue and stated it
should be treated like any other park. Mrs. Finst stated more plants are needed in Bright Park
and she feels the park should be entitled to more than just pressure cleaning every six months.
Mrs. Finst inquired about the funds for the cultural loop and stated if all the events
and artifacts show up on the cultural loop as planned, she asked who will take care of them. Mrs.
Finst continued to state the unveiling for the loop is going to be in November and she urged the
Commission to put this as an item in the budget for the upcoming year.
There being no one else from the public who wished to comment on the proposed
budget for 2004, the public hearing was closed.
9.C. AWARD OF CONTRACT/LAW ENFORCEMENT SYSTEMS, INC.:
Consider approval of a contract between the City of Delray Beach and Law Enforcement
Systems, Inc. for the collection of backlogged parking citations and associated fees for a term of
three (3) years with two (2) one (1) year renewals.
This item has been removed from the agenda.
At this point, the time being 6:30 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 25-03: An ordinance designating the Amelung House
located at 106 N.E. 12th Street to the Local Register of Historic Places. If passed, a Quasi-
judicial hearing will be scheduled for August 19, 2003.
The caption of Ordinance No. 25-03 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE AMELUNG HOUSE, LOCATED AT 106 NE 12TM
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR
THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL, 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Jeff Costello, Principal Planner, stated this proposal involves the relocation of a
historic structure from Vista Del Mar to the Del Park neighborhood.
At its meeting of July 16, 2003, the Historic Preservation Board reviewed the
designation report and unanimously recommended approval (7-0) to designate the single family
dwelling as an individually listed property in the Delray Beach Local Register of Historic Places.
The City Manager stated since the house that is being moved is being placed on
Lot 9, he suggested designating Lot 9 as a historic site rather than the entire legal description
states West lA of Lot 7 and all of Lots 8 and 9 since the Planning and Zoning Staff Report
indicates that the structure on the west half of 7 and 8 is not historic. Mr. Costello stated the
intent was to place the historic structure on Lot 9.
After brief discussion, the Commission concurred that the legal description should
be changed to reflect the modification. The City Attorney recommended that the modification
to the ordinance should read "the Amelung House to be located on Lot 9" and not "the West lA of
Lot 7 and all of Lots 8 and 9."
Ms. McCarthy moved to approve Ordinance No. 25-03 on FIRST Reading with
the modification as recommended by the City Attorney, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice Mayor
Levinson - Yes. Said motion passed with a 3 to 0 vote.
12.B. ORDINANCE NO. 26-03: An ordinance amending Section 71.030 of the Code
of Ordinances relating to the immobilization regulations on private property. If passed, a public
hearing will be scheduled for August 19, 2003.
The caption of Ordinance No. 26-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
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08/05/03
AMENDING CHAPTER 71, "PARKING REGULATIONS",
SUB SECTION 71.030(B), "REQUIREMENT S FOR
IMMOBILIZATION CONTRACTOR OR PROPERTY
OWNER'', TO PROVIDE FOR A CHANGE IN THE FEES AND
PAYMENT PROVISIONS AND TO CLARIFY OTHER MINOR
ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Jeff Costello, Principal Planner, stated this ordinance allows for the following
four (4) changes to the City Code: (1) Increase the maximum fee which could be charged for
the removal of the immobilization device from $25 to $50, (2) If the property owner or
Contractor is unable to accept credit cards, they can invoice the vehicle owner for payment at
a later date, (3) Extend the maximum response time to remove the device from 30 to 60
minutes and, (4) Require the warning notices affixed to the vehicle window to be in English
only (the current requirement is English, Spanish and Creole).
Mrs. Archer moved to approve Ordinance No. 26-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Vice Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote.
At this point, the Commission moved to Item ll.A. Comments and Inquiries on
Non-Agenda items from the City Manager.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to the drainage at Sherwood Forest Drive, the City Manager stated
during the construction silt barriers are placed over the existing drainage structures to prevent the
existing drainage system from becoming clogged with dirt and other construction residue. The
City Manager stated this does cause some minor flooding due to the reduction in inlet capacity
during the construction period. The subdivision itself is designed with a self contained drainage
system as required by Lake Worth Drainage District (LWDD) and the City of Delray Beach
LDR requirements. The City Manager stated the City will continue to monitor the situation.
However, as soon as construction is complete and the roadway drainage system reopened, staff
believes the current "ponding" or standing water problem will disappear.
Mrs. Archer stated they raised the crown of the road for the development quite a
bit higher than the existing road for Sherwood Forest Drive which she feels creates a great deal
of run-off at the driveway area which is quite a slope down. If the drain is closed off she stated
then she can understand that there is a problem. However, Mrs. Archer stated the drain is now
quite a bit higher than the street. The City Manager stated staff should be monitoring this
situation.
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08/05/03
With regard to prior concerns expressed by several residents about the Southeast
area and the water quality, the City Manager stated projects to upgrade old two inch galvanized
water mains to new eight inch iron pipes have been constructed over the past two years targeting
the Southwest area defined as being bounded by Atlantic Avenue on the north, Swinton Avenue
on the east, S.W. l0th Street on the south, and 1-95 on the west. The City Manager stated the
City is continuing its focus in this area to remedy the water quality and pressure problems and
provide adequate fire protection to residents with the second Phase of the Southwest area
improvement project currently under construction. The City Manager stated as these projects are
built residents will notice a much improved level of water service in terms of water pressure and
quality.
With regard to prior concerns expressed by Ms. Wood about water quality
problems, the City Manager stated the City has been unsuccessful in contacting residents in this
area to identify the extent of specific problems and have no history of water quality complaints in
the neighborhood. However, the City Manager stated the address given is a multi-family
complex on the corner of Bucida Road and Seasage Drive. The City has experienced problems
in multi-family buildings that are master metered but lack backflow protection residential
between units on the customer side of the meter. If units are vacant for any period of time, water
will stagnate in the unoccupied units plumbing and be drawn into occupied units' pipes when
faucets are turned on. Staff will continue to investigate this issue with the condominium
management and verify whether the problem is caused by a system issue.
With regard to another concern expressed by Ms. Wood about trash being buried
on the beach, the City Manager stated Universal Beach Cleaning Service is closely monitored as
to its compliance with all local, county, and state laws regarding beach cleaning operations. The
City Manager stated Universal has been cleaning the beach for many years and is fully aware of
the restrictions imposed during sea turtle nesting season. With regard to Universal Beach
Cleaning Service burying the seaweed below the high tide line, this actually helps prevent
erosion by holding the sand down when assaulted by wind and waves. Lumber, plastic
containers and other objects are removed before they bury the seaweed. The City Manager
stated the City also utilizes community service workers to help remove trash and debris from the
beach on a daily basis. Furthermore, the City Manager stated the Parks and Recreation
Department takes great pride in its municipal parks and beach areas and will continue to provide
the cleanest and safest environment for its citizens.
With regard to the sea turtle lighting issue, the City Manager stated the City
receives reports from Dr. Fleetemeyer who periodically monitors the beach area. The City
Manager stated he provides the City with problem lighting situations and the Code Enforcement
staff follows up with a personal contact. As of July 28, 2003, we have followed up on all
problems reported by Dr. Fleetemeyer. The City Manager stated there was a problem at 601 S.
Ocean Boulevard, however, staff was able to contact the owner's representative and the problem
was resolved.
With regard to a concern expressed by Mr. Jim Smith about the increase in the
City's cost for pension plans and that many private companies have converted to a Defined
Contribution Plan and his suggestion that the City of Delray Beach may wish to consider this, the
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08/05/03
City Manager stated the increased costs over the past few years in the Police and Firefighters'
Pension Plan has been caused primarily because investment returns have been less than the
actuarial assumed rate of 8 lA % due to unfavorable market conditions. The average investment
return since 1977 has been 8.2% according to the actuarial reports. The General Employees
Pension Plan has a actuarial assumed rate of 8.0% and has an average investment return of
10.6% since 1985. Salary increases have been more than the actuarial assumption of 6%. These
increases were recently made to resolve employee retention problems. The average salary
increase for Police and Firefighters' pension plan purposes has been 7.9%. The General
Employees Pension Plan has an actuarial assumed salary increase of 7% and has an average
actual salary increase rate of 5.8% since 1985.
In 1988-1989, the City established a committee to study alternative pension plans
that compares to defined benefit plans and defined contribution plans. This committee studied
this subject for over six months. Police and Fire employees quickly dismissed any conversion of
their defined benefit plan to a defined contribution plan for the following reasons: a defined
Benefit Plan includes benefits other than a retirement benefit (i.e. death, disability, retirement,
and survivor benefits that would not be available under a Defined Contribution Plan). The only
benefit to a Defined Contribution Plan is the actual balance in the Plan. Therefore, if an
employee is permanently disabled early in their employment the Defined Benefit Plan would
provide for 60% of an employees wage for the rest of their life whereas a Defined Contribution
Plan would only provide the actual balance in the Plan. The Police and Firefighters' Pension
Plan also includes a provision for a 20 and out retirement. This period of time in a Defined
Contribution Plan depending on market conditions may not allow sufficient an adequate
retirement package. Also, the Police and Firefighters' Pension Plan includes a Deferred
Retirement Option Plan (DROP) which allows an employee to receive a pension benefit for up to
five years prior to retirement and continue to draw full salary. However, the City Manager stated
this is not an option in the Defined Contribution Plan. The employees currently have available a
Defined Benefit Plan and a Defined Contribution Plan and only have to contribute 4.0% of their
salary. General Employees studied the comparison of these two Plans for over six months and
the end result was to keep their Defined Benefit Plan, reduce their contributions, develop a
matching program for Defined Contribution Plan, and the end result was that they now have both
Plans. It should also be recognized that the markets have been extremely poor for the past three
years or so. Many of those companies that converted their employees to Defined Contribution
Plans, doing away with their Defined Benefit Plans, are hearing about their decisions from their
employees due to the investment losses they are incurring. The City Manager stated adjusting
the date that the valuation was done would not have a significant impact and the date that we do
it is prescribed by the State. The City Manager stated the City has to present an Annual Report
to the State and prove to them that the City is keeping the Plans actuarial sound and this is what
determines the City's contribution each year.
At this point, the Commission took a short break and reconvened the meeting at
7:00 p.m. At this point, the Commission moved to the duly advertised Public Hearings portion
of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.4.11 "Neighborhood
Commercial" Zoning District to clarify the uses subject to the special regulations section and to
add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing, Driving,
~-;-~;~ permitted use. If passed, a
Gymnastics, Photography, Modeling, and Karate-Judo as a
quasi-judicial public hearing will be scheduled for August 19, 2003. Prior to consideration of
passage of this ordinance on FIRST Reading/First Public Hearing, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 22-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", BY
AMENDING SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", TO CLARIFY THE USES
SUBJECT TO THE SPECIAL REGULATIONS SECTION
AND TO ADD VOCATIONAL SCHOOLS LIMITED TO
ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING,
DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING
AND KARATE-JUDO AS A PERMITTED USE WITHIN
THE NEIGHBORHOOD COMMERCIAL (NC) ZONING
DISTRICT; BY AMENDING SUBSECTION (D)
"CONDITIONAL USES AND STRUCTURES ALLOWED",
TO CLARIFY THAT IT IS SUBJECT TO THE SPECIAL
REGULATIONS SECTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 22-03 is on file in the City Clerk's office.)
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.
Vice Mayor Levinson declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 22-03, the public hearing was
closed.
Mrs. Archer moved to approve Ordinance No. 22-03 on First Reading/First Public
Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice
Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3
to 0 vote.
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10.B. ORDINANCE NO. 24-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations regarding parking
requirements for self service storage facilities within the North Federal Highway Overlay
District. 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. (Quasi-JudicialHearing)
The caption of Ordinance No. 24-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING A
PORTION OF SECTION 1 OF ORDINANCE NO. 7-03
WHICH AMENDED THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE
4.4, "BASE ZONING DISTRICT", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY
OVERLAY DISTRICT", BY REPEALING SUBSECTION
2(C)(2)(C) PERTAINING TO PARKING RATES AND
ENACTING A NEW SUBSECTION 2(C)(2)(C) PROVIDING
FOR PARKING RATES FOR SELF SERVICE STORAGE
FACILITIES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 24-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. 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 City Attorney noted a correction to page two of the ordinance under Section
2(C)(2)(C) and stated the words "in addition" should be added after the word "and".
Vice Mayor Levinson read into the record the City of Delray Beach procedures
for Quasi-Judicial Hearings for this item and all subsequent Quasi-Judicial Hearing items held
this evening.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Vice Mayor Levinson asked the Commission to disclose any ex parte contacts.
Mrs. Archer and Ms. McCarthy stated they both had a brief conversation with Michael Weiner
this afternoon. No other exparte contacts were disclosed.
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Jeff Costello, Principal Planner, entered the Planning and Zoning Department
project file into the record.
Michael Weiner, speaking on behalf of the applicant, stated they have met the
substantial burden of proof.
Vice Mayor Levinson opened the public hearing. There being no one who wished
to address the Commission regarding Ordinance No. 24-03, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 24-03 on Second and FINAL Reading
finding it consistent with the Comprehensive Plan and based upon the findings as listed in the
Planning and Zoning Staff Report, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice Mayor Levinson - Yes. Said
motion passed with a 3 to 0 vote.
10.C. ORDINANCE NO. 20-03 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2003-02): Consider on first reading an
ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future Land Use
Map (FLUM) amendments, and authorize transmittal to the State Department of Community
Affairs. Prior to consideration of passage of this ordinance, a public hearing has been scheduled
to be held at this time.
The caption of Ordinance No. 20-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2003 -2
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2003-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-03 is on file in the City Clerk's office.)
Amendment 2003-02 includes:
Redevelopment Plan for the Wallace Drive Industrial Area.
Amendments to the Text of the Comprehensive Plan include:
a) Modification of Future Land Use Element Policy C-2.3 to reflect
adoption of a Redevelopment Plan for Redevelopment Area #2
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(Wallace Drive Industrial Area).
b) Creation of Future Land Use Element Policy C-1.7 to reflect
completion of a Neighborhood Redevelopment Plan for the
Southwest Area.
Amendments to the Future Land Use Map include:
a) Future Land Use Map Amendment from TRN (Transitional) in
part and OS-C (Open Space-Conservation) in part to MD (Medium
Density Residential 5-12 du/ac) for a 0.509 acre portion of the
Delray Harbor Club Condominium Development, located on the
east side of U.S. Highway 1, approximately 650' south of S.E. l0th
Street.
b) City initiated Future Land Use Map Amendment for approximately
45.5 acres from RDA-2 (Redevelopment Area #2) to CMR
(Commerce) in part, 1ND (Industrial) in part and CF-C
(Community Facilities-Churches) in part for the Wallace Drive
Redevelopment Area.
c) City initiated Future Land Use Map Amendment from MD
(Medium Density Residential 5-12 du/ac) to GC (General
Commercial) for the following areas pursuant to the adopted
Southwest Area Neighborhood Redevelopment Plan:
i. South of West Atlantic Avenue and North of S.W. 1st Street,
between S.W. 8th Avenue and S.W. 12th Avenue
ii. East and West Sides of S.W. 5th Avenue, south of S.W. 1st
Street
iii. Northwest corner of S.W. 1st Street and S.W. 4th Avenue
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.
Ron Hoggard, Senior Planner, briefly described the redevelopment plan for
Wallace Drive. In February 2003, Mr. Hoggard stated staff received a proposal to rezone a
portion of the area to the east of S.W. l0th Avenue from R-1-A (Single-Family) to MIC (Mixed
Industrial and Commercial). Mr. Hoggard stated staff did not feel this was appropriate but rather
felt it was more appropriate for the area east of Wallace Drive to be light industrial and that it
would be more appropriate with the residential uses.
At its meeting of July 21, 2003, the Planning and Zoning Board held its public
hearing regarding the amendment and during the public hearing several residents made
comments related to specific elements of the amendment. After discussion, the Planning and
Zoning Board voted (4-0, Sowards stepped down; Krall and Pike absent) to recommend approval
of the amendment on first reading and transmit Comprehensive Plan Amendment 03-2 to the
Florida Department of Community Affairs.
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Mr. Costello stated the Comprehensive Plan Amendment 03-2 includes two text
amendments. One is modifying Future Land Use Element Policy C-2.3 to reflect adoption of a
redevelopment plan for redevelopment area 2 (Wallace Drive Industrial area). The other
amendment is the creation of Future Land Use Element Policy C-1.7 to reflect completion of a
neighborhood redevelopment plan for the Southwest area. The remaining items in the Plan
Amendment consist of two City Initiated Future Land Use Map amendments, a privately initiated
Future Land Use Map amendment and two text changes, and table updates.
Vice Mayor Jon Levinson declared the public hearing open.
David Ledbetter, 760 N.W. 7th Street, Delray Beach, stated he would like to
commend staff for their work. Mr. Ledbetter stated this property could not be developed before
because it was zoned single-family and a developer did not want to buy at commercial rates
while it was zoned single-family.
Joseph Prosperi, 1300 Wallace Drive, Delray Beach, stated his property is on the
west side of Wallace Drive and zoned MIC (Mixed Industrial and Commercial) which he feels is
better designation for the value of his property. Mr. Prosperi stated he is developing a piece of
property on the corner of Georgia and Wallace Drive and expressed concern over the proposed
zoning designation changing to commercial because he could lose potential buyers in the future.
Mr. Hoggard clarified that this zoning is not changing but will remain as MIC.
There being no one else who wished to address the Commission regarding
Ordinance No. 20-03, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 20-03 (First
Reading/Transmittal Hearing) for Comprehensive Plan Amendment 2003-02 based on positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Pan
(FLUM Amendment Findings), LDR Section 3.1.1. (Required Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Levinson - Yes; Mrs.
Archer - Yes. Said motion passed with a 3 to 0 vote.
10.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN (FY 2003 - 2004): Consider approval of the Community Development Block
Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD)
Department of the United States for utilization of grant funds. Prior to consideration of item, a
public hearing has been scheduled to be held at this time.
Lula Butler, Director of Community Improvement, stated the item before the
Commission is the public hearing and approval for the Annual Action Plan as required by the
United States Housing & Urban Development Agency (HUD) for utilization of grant funds. Ms.
Butler stated for fiscal year 2003-2004 the City of Delray Beach will receive an allocation of
$715,000 to expend primarily for activities that benefit low to moderate income homeowners.
Ms. Butler stated the Public Input Meeting was held on June 12, 2003 at Pompey Park and
commented that staff did not receive any significant changes to what is being proposed this
evening.
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08/05/03
Vice Mayor Levinson commended Ms. Butler and stated the attendance for the
public hearing held at Pompey Park was higher this year than last year.
Vice Mayor Levinson declared the public hearing open. There being no one who
wished to address the Commission regarding the Community Development Block Grant (CDBG)
Annual Action Plan, the public hearing was closed.
Ms. McCarthy moved to approve the Community Development Block Grant
(CDBG) Annual Action Plan for fiscal year 2003-2004, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Vice Mayor Levinson - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes. Said motion passed with a 3 to 0 vote.
At this point, the Commission moved to Item ll.B. Comments and Inquiries on
Non-Agenda items from the Public.
11.B. From the Public.
ll.B.1. Charlotte Wright, 802 N.W. 2nd Street, Delray Beach, expressed concern over
the alleged dangers of the 4-wheeler go-carts in the area (2nd, 8th, and 10th Street). Ms. Wright
stated she contacted the Police Department and was informed that nothing can be done about this
issue. She suggested that the operators obtain a license for the go-carts in order to use them and
urged the Commission for their support.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items from the Commission.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager commented about an article in the Sun-Sentinel News today
about Boca Raton and Boynton Beach working together on a potential legal challenge of the
County's proposal for setting minimum fire service standards Countywide. The City Manager
continued to state the City of Delray Beach is participating in those meetings and he will try and
keep the Commission informed about how this develops.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer stated September is National Alcohol and Drug Addiction Recovery
Month and suggested that a proclamation be presented in the near future. Mrs. Archer suggested
that the Police Department host special meetings with the Community Center, Pompey Park
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08/05/03
Community Center, or the 505 Teen Club to call attention to drug use and how important it is to
be in recovery.
13.C.2.
Commissioner McCarthy
Ms. McCarthy had no comments or inquires on non-agenda items.
13.C.3.
Vice Mayor Levinson
On behalf of the Commission, Vice Mayor Levinson stated he would like to
extend congratulations to Commissioner McCarthy and Commissioner Archer who will both
celebrate a birthday on August l0th.
Secondly, Vice Mayor Levinson stated Office Depot invited the Commission to
attend a "Backpack" giveaway to the Police Department, Spady Elementary, Pine Grove
Elementary, and a couple of other places.
Vice Mayor Levinson commented about a great article which talked about
"National Night Out" and stated unfortunately for a number of years the City has not been
participating in "National Night Out" because there was not an organization that felt it was
appropriate. Vice Mayor Levinson stated now that the City will soon have a Neighborhood
Advisory Council, he feels this would be a perfect opportunity for the organization to host.
Vice Mayor Levinson stated he would like to congratulate Lula Butler, the Mayor,
Diane Colonna, and Bill Wood on the Commercial Real Estate event which occurred
approximately a week. Vice Mayor Levinson stated about 70 members of that organization who
participated came to Delray Beach. Vice Mayor Levinson stated members of the organization
who were at the lunch want to develop and bring clients to Delray Beach. In conjunction with
this event, Vice Mayor Levinson stated the City of Delray Beach will be hosting a panel
discussion with Lula Butler, Paul Dorling, Diane Colonna, and Ron Hoggard at the 2003 Annual
State Conference of the Florida Chapter of the American Planning Association.
Vice Mayor Levinson stated another city is coming to Delray Beach in a few
weeks and will stay for two days and a night. Vice Mayor Levinson stated there will be a variety
of tours around Delray Beach because they are so interested in what the City of Delray Beach is
doing.
Vice Mayor Levinson stated he was very upset with an article that was written in
the Sun-Sentinel News about the Bond Issue. Vice Mayor Levinson stated the article was
written before there was any discussion about the Bond Issue and stated he brought this to the
attention of the South County Editor. They have contacted the Finance Director who has advised
him they will be writing a correction in order to get the story straight because he feels this is a
very important issue to have corrected for the media.
Vice Mayor Levinson stated that the Vice Mayor of Fort Lauderdale had his
family reunion here in Delray and he had the opportunity to welcome him and his family. Vice
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08/05/03
Mayor Levinson stated they occupied a few rooms at the Marriott Hotel and commented that
they are very impressed with what has been accomplished in Delray Beach.
There being no further business, Vice Mayor Levinson declared the meeting
adjourned at 7:40 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on August 5, 2003,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
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08/05/03
__ Mayor Levinson stated they occupied a few rooms at the Marriott Hotel and commented that
they are very impressed with what has been accomplished in Delray Beach.
There being no further business, Vice Mayor Levinson declared the meeting
adjourned at 7:40 p.m.
City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on August 5, 2003,
which Minutes were formally approved and adopted by the City Commission on
August 19, 2003
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
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08/05/03