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01-11-94 JANUARY 11, 1994 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, January 11, 1994. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Dr. Alperin requested that Item 8.B. be removed from the Consent Agenda and placed on the Regular Agenda as Item No. 9.A.A.; Mr. Randolph,requested that Item 8.Q.4 on the Consent Agenda be moved to the Regular Agenda as Item No. 9.A.A.A. Mr. Ellingsworth moved approval of the Agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved approval of the minutes of the Regu- lar Meetings of December 7 and December 14, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: .Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.Ao Mayor Lynch read and presented a proclamation proclaim- ing January 17, 1994 as Martin Luther King, Jr. Day. Spencer Pompey, Lillie Strainge and Pam Kovacs came forward to accept the proclamation. 6,B, . Mayor Lynch presented a .proclamation proclaiming the period of January 24 - January 28, 1994, as Teller Appreciation Week, in recognition of the dedicated service provided by tellers of financial institutions. 7. Presentations: 7.A, David Kovacs, Planning Director, referred to the Exhib- it Board and advised that this is the advertisement that appeared in the Delray Beach News today announcing the City's Second Annual Town Hall and Report Meeting. The purpose of the meeting is to raise the level of awareness to the citizens of Delray Beach, updating them with the business of the City; informed citizens can present much better comments and more constructive criticism. The public then has an opportunity to bring their concerns before the City Commission and the Administration. Another purpose is to keep the Administration and the City Com- mission in tune with the citizens of the City. This Annual Town Hall Meeting and Annual Report'Presentation will be held at 7:00 P.M. on January 18, 1994, in the Crest Theater at Old School Square. Mr. Kovacs then gave a brief outline of the agenda. MaYor Lynch stated he hasla conflict with the..date and he would also like to invite Palm Beach County Commissioners McCarty and Aaronson, along with a representative from the School Board and the CRA. He further stated he feels the City Manager should be present; however, he will be out of town on that date. The consensus of the Commission was to proceed with the meeting as scheduled. Mr. Randolph stated he would like to have Commissioner Maude Ford Lee present, as she represents this area. He also expressed concern regarding the current status of the Tri-Rail and bus feeder system and asked if someone could be contacted to be present to answer questions, should the subject arise. The City Manager state Chief Koen is present tonight and would like to explain the change in the Fire Service Rating. Kerry Koen, Fire Chief, stated last week notice was received that the Insurance Services Office in Jacksonville, Florida, has updated their files on Delray Beach based on the most recent, improvements that have been made and has awarded the City a. Class 2 Public Protection Class. The significance.is that this is awarded to only ten (10) cities in the State of Florida and there are only three (3) in the state that have a better rating than that of Delray. He feels this speaks well for the staff of the City and the fact that the decisions made have been wise ones in the area of planning for services that need to be provided to the City. The City Manager stated one of the extraordinary things about this, and he feels this is due largely to Chief Koen's -2- 1/11/94 initiative and work, is that it usually takes a great deal of money to move from a Class 3 to a Class 2. This came about because of the City's contract with Highland Beach and the fact that the Insurance Service Office does not require that station to minimally serve our area, so it provides additional manpower and equipment to meet the needs of the total service area. As a result the City was able to achieve a Class 2 rating and make money in the process. The following items were considered by the Commission as the Consent Agenda: 8. Consent Agenda: City Manager recommends approval. 8.A. WAIVER OF TENNIS CENTER RENTAL FEE/OLD SCHOOL SOUARE: Approve a request from Old School Square to waive the rental fee of $1,900.00 for use of the Tennis Center on December 17, 1993, during the "All-America" Holiday Weekend/Concert. MOVED TO REGULAR AGENDA AS ITEM 8.C. APPROPRIATION OF FUNDS FOR SWAT TEAM EOUIPMENT: Approve the appropriation of $17,000.00 from the Federal Forfei- ture Assets Fund (Account No. 115-2112-521-49.90) for the pur- chase of SWAT Team equipment. 8.D, APPOINTMENT OF OUTSIDE C0UN$~L: Approve appointment of Kent Pratt as outside counsel to represent both the City and Officer Brochu in the case Kirk Cook v. City and Officer Richard Brochu. 8.E. TEMPORARY USE AGREEMENTS/PARKING FOR VIRGINIA SLIMS TENNIS TOURNAMENT; Approve Temporary Use Agreements with Greater Mount Olive Missionary Baptist Church and Cason Methodist Church for parking during the Virginia Slims Tennis Tournament. 8,F. RESOLUTION NO, 1-94: A resolution expressing strong opposition to any changes to the Enclaves Annexation legislation that was passed and adopted at the 1993 Legislative Session as part of the ELMS Committee package. The caption of Resolution No. 1-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING ITS STRONG OPPOSITION TO ANY LEGISLATION PROPOSED WHICH WOULD SUBSTANTIALLY INVALIDATE THE RECENT LEGISLATION ADOPTED IN 1993 AND CODI- FIED AS SECTIONS 171.0413 AND 171.062, FLORI- DA ~TATUTE$, WHICH PROVIDES A MECHANISM TO EXPEDITE THE ANNEXATION OF ENCLAVES; URGING ALL LOCAL GOVERNMENTS IN PALM BEACH COUNTY TO JOIN IN THIS OPPOSITION AND TO CONTACT THEIR REPRESENTATIVES AND SENATORS TO EXPRESS THEIR 3 1/11/94 OPPOSITION TO ANY SUCH LEGISLATION; PROVIDING THAT THIS RESOLUTION SHALL BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, TO EACH MEMBER OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, TO THE STATE HOUSE COMMITTEE ON COMMUNITY AFFAIRS, TO THE STATE SENATE COMMITTEE ON COMMUNITY AFFAIRS, AND TO OTHER HOUSE AND SENATE COM- MITTEES THAT MAY BE ASSIGNED TO REVIEW THIS PROPOSED LEGILATION FROM TIME TO TIME; PRO- VIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOS- ES. DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 1-94 is on file in the official Resolution Book) 8,G, RESOLUTION NO. 2-94: A resolution assessing costs for abatement action required to remove nuisances on five (5) proper- ties throughout the city. The caption of Resolution No. 2-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 2-94 is on file in the official Resolution Book) RESOLUTION NQ, 4-941 A resolution assessing costs for abatement action required to remove nuisances on ten (10) properties throughout the city. The caption of Resolution No. 4-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO -4- 1/11/94 CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OP LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFPECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 4-94 is on file in the official Resolution Book) 8.I, RESOLUTION NO, ~-94~ A resolution authorizing the Community Redevelopment Agency to acquire Lot 11 and the North 15 feet of Lot 12, Block 29, ~esubdivision of Blocks 29 and 37, Delray Beach, to be used as a parking lot in the Peach Umbrella project. The caption of Resolution No. 3-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 3-94 is on file in the official Resolution Book) 8,J, RESOLUTION NO. ~-94: A resolution authorizing the Community Redevelopment Agency to acquire Lot 12 (less the North 15 feet thereof) and Lot 13, Block 29, Resubdivision of Blocks 29 and 37, Delray Beach, to be used as a parking lot in the Peach Umbrella project. The caption of Resolution No. 5-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. -5- 1/11/94 (Copy of Resolution No. 5-94 is on file in the official Resolution Book) 8.K. RESOLUTION NO. 6-94; A resolution authorizing the Community Redevelopment Agency to acquire the South 30 feet of Lot 6, Block 28, Town of Linton (Delray), to be used as a parking lot in the Peach Umbrella project. The caption of Resolution No. 6-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 6-94 is on file in the official Resolution Book) 8.L. CHANGE ORDER NO, $ AND REQUEST FOR FINAL PAYMENT-MERE- DITH ASSOCIATES, LTD.: Approve Change Order No. 3/Final in the amount of $5,723.00 and final payment in the amount of $42,885.10 to Meredith Associates, Ltd. for the Wellfield Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation project, with funding from 1991 Water and Sewer Bond Construction - Build- ing (Account No. 447-5171-536-60.31). $.M. CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/ JOHNSON-DAVIS. INC.: Approve a deduct change order in the amount of $781.24 and a request for final payment in the amount of $16,125.96 from Johnson-Davis, Inc. for the West Atlantic Avenue Sewer Main Extension Project, with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). ~,N, REOUEST FOR FINAL PAYMENT/LAWSON. NOBLE & ASSOCIATES. INC.: Approve a request for final payment in the amount of 82,945.80 from Lawson, Noble & Associates, Inc. for the design of the Street Reconstruction and Utility Improvements Project, with funding from Decade of Excellence Bond Issue Phase I - Street Reconstruction (Account No. 225-3162-541- 61.17). 8,0. POLICY APPROVAL/CITY ACCEPTANCE OF PRIVATE STREETS AND DRAINAGE: Approve the proposed policy regarding City acceptance of private streets and drainage. D.P. SETTLEMENT OFFER/MUTUAL FIRE: Reject an offer of settlement in the amount of $5,000.00 from Mutual Fire & Marine in the matter of the City vs. Agricultural Insurance, et al (Aero-Dri). 8,Q, AWARD OF BIDS AND CONTRACTS: -6- 1/11/94 1. Contract award - Southwest Street Improvements - Phase I - Asphalt Construction of Palm Beach in the amount of $613,341, for reconstructing S.W. 2nd Ave., S.W. 8th Street, S.W. 9th Street, SoW. 4th Ave. and S.W. llth Ave. Funding sources for the project are: Paving and Drainage Account Numbers 228-3162-541-61.19 $473,029, 225-3162-541-61.17 $38,578.00, 334-3162-541-61.92 $10,267.00, 228-3162-541-61.92 $27,733.00; Water Utilities Account No. 442-5178-536-61.78 $63,734.00. Also approve attached Budget Transfer which transfers out of Sanitation Fund to fund General Construction Fund portion in the amount of $10,267.00. 2. Contract award - Johnson-Davis, Inc. in the amount of $88,114.00 for construction for the S.W. 7th Avenue Roadway and Utility Construction Project, including improvements to water, sewer and drainage utilities. Funding sources: Paving and Drainage 334-3162-541-63.10 $35,169.00; Water Utilities 442-5178-536-61.78 for $25,425.00; Sewer Utilities 442-5178-536-61.84 $27,520.00. 3. Contract award - Lake Shore Drive Bulkhead placement to BK Marine Construction, Inc., in the amount of $32,023.00. This project consists of recon- structing the seawall on Lake Shore Drive which par- tially collapsed about eight months ago. Funding source is from Storm Water Utilities Account No. 448-5461-538-62.25. 4. MOVED TO REGULAR AGENDA AS ITEM 9.A.A.A. 5. Contract award - Pipe Fittings and Accessories - Annual Contract with various vendors - Estimated Cost of $90,409.62 from the following funding sources: Water Meter Replacement 442-5178-536- 61.81 $31,289; General Operating Supplies 441-5123-536-52.20 $34,558, 441-5141- 536-52.20 $30,112, 441-5143-536-52.20 $10,457, 441-5144-536- 52.20 $13,295; Irrigation Maintenance 001-4131-572-46.45 $11,430, 001-4511-572-46.45 $541, General Operating 119-4144-572- 52.20 $1,000. 6. Rental Agreements for Tennis Tournament - Diamonette Party Rental for tents, tables, chairs, etc., in the amount of $19,130 funded from the Tennis Center Rentals and Leases account #001-4124- 572-44.90; and Waste Management Crowd Pleasers in the amount of $10,500 funded from the Tennis Center Waste Collection account #001-4124-572-43.30. -7- 1/11/94 7. Contract award - Fabrication Plus, Inc. - in the amount of $24,084 for architectural fencing at the Delray Beach Tennis Center - Phase II. Funding for this work is available under the General Construction Fund, Tennis Center/Stadium Phase II Account #334-4145-572-63.42. Mr. Ellingsworth moved approval of the Consent Agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. Regular Agenda. 9.A.A.(8.B.) MEDICAL DIRECTOR AGREEMENT; Approve the Medical Director Agreement between the City and Randall L. Wolff, M.D., at a total annual contract price of $24,000 and for a term ending on September 30, 1995, with funding from General Fund Fire Opera- tions - Professional Services (Account No. 001-2315- 526-31.90) in the amount of $22,000 and Parks and Recreation Tennis Center - Professional Services (Account No. 001- 4124-572-31.90) in the amount of $2,000. Dr. Alperin stated he would like to see a breakdown of the selection for Medical Director, as there are different rates that have been bid for City coverage and the basic recommendation was for one of the highest. He does not understand how the points are arrived at. Chief Koen stated there was an interview panel of five (5) paramedics consisting of three (3) paramedic officers and two (2) field medics who were given a scoring matrix that gave them specific narrative guidelines as to how they should rate, based on the answers received. Everyone was asked the same questions and they were charged with the application of the scoring matrix to each of the answers. This was done independently and the tabulations occurred after all the interviews were completed and the summary of those scores is as seen in the backup. Chief Koen commented further that the gentleman being recommended is a resident of Delray Beach and a medical director for three other communities. The points helped him in making a recommendation to the administration, in addition to the fact that these are looked at as to what is available in terms of hours. Therefore, it is a combination of points, fee structure, work history and experience. Mr. Randolph moved approval of hiring Dr. Randall L. Wolff at a total annual contract of $24,000, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 8 1/11/94 9.A,A.A.(8.Q.4.) Purchase award via GSA Contract - One Risograph RC6300 Digital Duplicator in the amount of $17,702; funding to come from eleven (11) departmental Printing and Binding accounts and/or Office Supply accounts. Detail account numbers provided in accompanying backup. Mr. Randolph stated he wanted this item removed from the Consent Agenda because he has concerns regarding this piece of equipment and the fact that it will prevent the City from going to any of the commercial facilities for printing needs. Assistant City Manager Barcinski responded there are many jobs remaining that the City cannot do on this machine; for example, the newsletter, scorecards for the golf course and recreation brochures from Parks and Recreation. It is his feel- ing that the savings that will be generated with this machine will pay for itself in less than two years. Upon question by Mr. Randolph regarding operation of the machine, Mr. Barcinski responded that a trainer will be obtained and one prime operator will be assigned. The prime departmental users should train one person so they will be able to do their own work. Mr. Randolph moved approval of the GSA contract, see- onded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI- OUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board and the Site Plan Review and Ap- pearance Board during the period December 13, 1993 through Janu- ary 7, 1994. Dr. Alperin moved to receive and file this report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. WATER SERVICE AGREEMENT/MAHADY: Consider approving a water service agreement for the Mahady property located on North Federal Highway. Mr. Kovacs stated that the City uses water service agreements as a method of obtaining a "voluntary annexation" in order to have efficient annexation of properties. Mr. Mahady had proceeded through the County Building Department and obtained several variances, so his development project would not meet the City's Code requirements. As a result, accepting a water service agreement with the annexation and postponing the annexation until -9- 1/11/94 a Certificate of Occupancy is issued, would not be an unusual action for the City to take. However, Mr. Mahady does not wish to have the annexation clause as a part of his petition. As a result, a policy decision is presented to the Commission to either grant the water service without annexation or possibly make this a one-time issue. He further advised that the City Manager, the City Attorney and himself went to the County Health Units office to discuss their processing procedure and the basis on which they make determinations as to when water is or is not available, whether they would or would not grant a permit. In a final analysis, it was determined that the City could pursue in that manner if they felt a substantial issue was needed. Mr. Kovacs further commented that there is now a ques- tion as to whether the City should pursue clarification of the issues and technical requirements that created this situation with Mr. Mahady. One way of pursuit is to petition the Environ- mental Appeals Board for a hearing in which the City presents its position and why annexation and water service agreements are appropriate and why the Board should be interpreting their code a bit differently. Another approach would be to go to the Board of County Commissioners and have them write legislation into their unified development code. If no direction is given by the City Commission, the City will stay with the rules as they are today. The City Manager recommended that Mr. Mahady be given the relief he is requesting; however, he does not feel the water service agreement should be issued without the annexation provi- sion and to pursue it as far as the Environment Appeals Board. Should the City not be successful at that point, the agreement would probably be issued. Mr. Ellingsworth moved approval of option two, which would be to seek the annexation agreement effective on issuance of the Certificate of Occupancy, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr.. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.C. PROPOSED WASTEWATER REUSE PROJECT: Consider Planning and Zoning Board's findings and recommendations regarding ratifi- cation of the SCRWTD Board action pertaining to the wastewater reuse program. The City Manager pointed out that his recommendation differs from that of the Planning and Zoning Board, i.e., that the approval of the construction component would be predicated upon an acceptable financing program which will not result in an increase in the municipal sewer utility rate. He recommends that it be predicated on the acceptable financing program that would minimize, if not eliminate, any increase in the sewer rate. He feels it would be a mistake to bind the City by putting language -10- 1/11/94 in the Comprehensive Plan that says the City will not increase rates. Mr. Ellingsworth moved approval of the recommendation made by the City Manager, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,Do RESQLUTION NQ, 107-93/INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY: Consider Resolution No. 107-93 which authorizes the execution of an Interlocal Agreement with Palm Beach County to provide for the annexation of enclaves pursuant to Section 171.046, Florida Statutes, and which authorizes the Mayor to approve minor modifications to the Agreement as may be required by the Board of County Commissioners. City Manager recommends approval. The City Manager presented Resolution No. 107-93: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STAT- UTES. (Copy of Resolution No. 107-93 is on file in the offi- cial Resolution Book) Mr. Kovacs stated this is the third time this item has been on the agenda and he gave a brief explanation of the proper- ties involved. He advised that the Swap Shop is not a part of the Interlocal Agreement before the Commission at this time. From a timing point of view, the process would be for the Commis- sion to approve this and the Board of County Commissioners would then be petitioned to place this item on their agenda, which would probably take from four to eight weeks. Mr. Kovacs commented that, in the meantime the actual aannexation ordinance would be presented to the City Commission and notice would be given to the property owners of the Public Hearings. The Interlocal Agreement would then be tied in to the effective date of the City annexation ordinance. Notice would also be given to the owners of record as to the time of the meeting of the Board of County Commission deliberation. Mayor Lynch stated that these property owners feel they should have had an opportunity to discuss this, and to his knowl- edge, this did not happen. The City Manager commented that the City should have recognized at the onset that the property owners had a legitimate concern and they should have been contacted. A meeting has been -11- 1/11/94 scheduled this Thursday to begin exploring their concerns and to try and answer their questions. Mayor Lynch stated he would allow any of the affected property owners to comment at this time. M~rilyn Carr, a property owner on North Federal High- way, stated that to her knowledge no request was ever received for water hookup from the City. For approximately ten years the City of Delray has tried to annex these properties and not one Commissioner ever attended their property owner pack meetings. She questioned if it behooves the City to continue in this manner without allowing public input. These property owners have ques- tions for which they need answers. Stanley Milosky, 610 Allen Avenue, came forward to speak on this item and Mayor Lynch announced that this is not a Public Hearing and only those persons who are directly affected will be allowed to speak. Mayor Lynch declared a recess, the time being 6:50 P.M.; the meeting reconvened at 6:55 P.M. Dr. Alperin moved for the adoption of Resolution No. 107-93, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public Hearings: 10.A. ORDINANCE NO. 83-93: An ordinance amending Section 4.4.24, "Old School Square Historic Arts District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations to provide for a parking requirement of six (6) parking spaces per 1,000 square feet of restaurant floor area. Parking Management Team and Planning and Zoning Board recommend approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 83-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING, CHAPTER 4, "ZONING REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT" PARAGRAPH G -12- 1/11/94 "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE FOR A PARKING REQUIREMENT OF 6 PARK- ING SPACES PER ONE THOUSAND SQUARE FEET OF RESTAURANT FLOOR AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 83-93 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 83-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.; Said motion passed with a 5 to 0 vote. 11, Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated there were no public comments or inquiries at the last meeting. ll.B, From the Public. ll.B.1. Arthur Jackel, Chairman, United Property Owners, stated there are many citizens who are concerned about the beautifica- tion of Lake Ida Road and he is hoping for some answers within two weeks. Mr. Jackel expressed concern about the status of the commercial building on Lake Ida Road as he feels it should be razed. Mr. Jackel suggested that the Commission add the pluses and minuses of the CRA and define their value to the City. Perhaps the City's evaluation can be explained at the Town Hall Meeting. Mr. Jackel reiterated his suggestion of a need for a manager-promoter for the tennis complex. He realizes there may be a great deal of money involved, but he feels there is a defi- nite need. ll.B.2. Richard Eckerle, resident, responded to Mr. Jackel's concern regarding the commercial building on Lake Ida Road by -13- 1/11/94 advising that it has been before the Code Enforcement Board and action was speeded up today. ll.B.3. H~i~D CQopersmith, resident, commented that while reviewing the Resource Recovery Facility, she learned that a precedent was set wherein public opinion cannot be submitted as evidence. On the night of the public hearing on the Resource Recovery Facility she questioned the City Attorney regarding this legal statement. She also questioned if it is necessary for the public to prove what is actually wrong with a particular project as opposed to voicing people problems and opinions. The City Manager stated the purpose of the public hearing, in that case, is to learn the facts. In many public hearings there are additional facts that appear that were not previously taken into account. The mere fact that X number of people have a certain opinion and other people have another opinion, does not qualify as a basis on which the Commission makes a decision. The decision must be based on fact. The City Manager continued by using the Resource Recov- ery Facility as an example and the concern about the noise; the fact that 100 people think the noise is going to disturb them cannot be the basis for a decision. If the noise is measured by a decimal meter on a particular piece of equipment at different locations, the information obtained from those measurements can be used by the Commission in making a decision. If concerned citizens do those kinds of things or similar facilities are visited and it is seen that horrendous problems exist, this information can be brought before the Commission. If it can be shown that these kinds of facilities typically have these prob- lems and the operator cannot demonstrate that his operation will not have similar problems, then that may be a basis for the Commission to deny the request. Upon question by Mrs. Coopersmith if all public hear- ings will be quasi-judicial meetings, the City Attorney responded that this insures that the record made will be deemed competent and substantial by the court; competent meaning the persons that spoke at the hearing were sworn to tell the truth. There have been a number of changes with the recent Supreme Court ruling that has brought attention to the need to make sure the hearings and records made are sufficient to stand up in Court. 11,.B.4, Sandra Almy questioned if the City is going to consider the newsrack ordinance in the near future. The City Attorney advised her that the newsrack ordinance has been adopted and is in force. Lula Butler, Director of Community Development, stated the ordinance is being enforced; however, upon adoption of the ordinance, the City was divided into sections and the east sec- tion has not been reached as of this date. 12. First Readings: -14- 1/11/94 12,A, ORDINANCE NO. 85-93: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City of Delray Beach, Florida, by creating new Sections 33.685, "Deferred Retirement Option Plan"; Section 33.687, "Early Retirement Incentive"; and Section 33.689, "Re- tirement Benefit Enhancement" If passed, public hearing January 25, 1994. The City Manager presented Ordinance No. 85-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SECTION 33.685, "DEFERRED RETIREMENT OPTION PLAN"; CREATING A NEW SEC- TION 33.687, "EARLY RETIREMENT INCENTIVE"; CREATING A NEW SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 85-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. QRDINANCE NO, 1-94~ An ordinance correcting the zoning classification for a portion of the Public Works complex located at the southeast corner of S.W. 4th Street and S.W. 4th Avenue from R-IA (Single Family Residential) to CF (Community Facili- ties). If passed, public hearing January 25, 1994. Planning and Zoning Board unanimously recommends approval. The City Manager presented Ordinance No. 1-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF S.W. 4TH STREET AND S.W. 4TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -15- 1/11/94 Mr. Randolph moved for the adoption of Ordinance No. 1-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12,C, ORDINANCE NO. 2-94: An ordinance rezoning a 1.75 acre parcel of land located south of S.E. 4th Street, between the F.E.C. Railroad and S.E. 1st Avenue, from GC (General Commercial) to SAD (Special Activities District). If passed, public hearing January 25, 1994. Planning and Zoning Board unanimously recom- mends approval as an interim measure. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES) DISTRICT, BEING A 1.75 ACRE PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH STREET BETWEEN THE FEC RAILROAD AND S.E. 1ST AVENUE AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 2-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. AWARD OF CONTRACT/CHAPMAN, CQYLE, CHAPMAN: Consider award of contract to Chapman, Coyle, Chapman in the amount of $237,750 for architectural services associated with the Golf Course Clubhouse project, with funding from 445-4763-572-31.30 Municipal Golf Course Clubhouse Architectural Services. Assistant City Manager Barcinski stated staff has been busy negotiating this contract. The original submittal came in at $329,500 and the lower figure of $237,750 before you remains somewhat higher than the amount for which staff felt it could be obtained. Mr. Barcinski noted that part of the reason it remains so high is due to the cost of out-of-town travel expense. This travel estimate is based on the current airline but, should that airline go out of business, he will no longer be able to control that cost. This contract does not include the resident project inspection fee but this can be done at a later date. Mr. Barcinski continued his explanation of the cost per square foot to construct the project, cost of the site plan work and a reduction in the reimbursables. -16- 1/11/94 Mr. Ellingsworth questioned the fact that there seemed to be no information on the renovation of the cart storage. Mr. Barcinski responded that will come at the end of the development stage and supposedly is included in the square foot cost. Mr. Ellingsworth expressed concern in having a con- struction company who is located at such a distance from Delray and the extra costs involved because of that. Mrs. Smith also expressed concern and indicated a local company might allow the City better control of the project. Dr. Alperin stated he is concerned about bottom line numbers and questioned if this proposal for construction at $2.15 million includes his contract. Mr. Barcinski responded that it does not include the contract. Dr. Alperin commented that it was his understanding that the City made it very clear that the total amount was not to exceed $2.2 million and the contractor respond- ed that that would be no problem, so he is extremely disappointed with the outcome. The City Manager also expressed disappointment that the City was being charged for travel, unlike other firms the City has contracted with that do not follow this procedure. Mayor Lynch stated that he feels the resident project inspector should come from in-house and questioned if it would be possible to accomplish this. The City Manager advised it is quite possible that Jose Aguila, Assistant Construction Manager, could take over this responsibility. Upon question by Mr. Randolph as to the status of 'the present clubhouse, Mr. Barcinski stated there has been no deci- sion made about this to date. Dr. Alperin recalled asking each applicant if this includes demolition and they all responded in the affirmative. Mayor Lynch suggested that a motion be made to either turn down or accept the contract and, should it be turned down, he would recommend that staff be directed to commence immediately with the second bidder. If this warrants a Special Meeting, then he feels it should be held promptly to avoid a time delay. If the second bidder is not acceptable, then go to the third. Mrs. Smith moved to direct staff to break off negotia- tions and begin with the second-ranked firm, Digby Marsh and Associates, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.F. SERVICE AUTHORIZATION NO. 17/HAZEN AND SAWYER: Consider a service authorization in the amount of $18,910 to the contract with Hazen and Sawyer for consulting engineering servic- -17- 1/11/94 es for the Basin Drive rehabilitation and Nassau Street construc- tion of stormwater pump stations, with funding from Stormwater Utility Fund - Capital Outlay ($8,510 - Basin Drive - Account No. 448-5461-538-62.23; $10,400 - Nassau Street - Account No. 448-5461-538-62.29). City Manager recommends approval. Mr. Randolph moved approval of Service Authorization No. 17 with Hazen and Sawyer, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,~. SERVICE AUTHORIZATION NO. 7/DAVID MILLER & ASSOCIATES: Consider a service authorization in an amount not to exceed $23,000 to the contract with David Miller & Associates for archi- tectural services associated with the renovation and expansion of Fire Station No. 3; with funding from Decade of Excellence Bond Issue Phase II - Fire Station No. 3 Renovations (Account No. 228-2311-522-61.59). Mr. Ellingsworth moved approval of Service Authoriza- tion No. 7 with David Miller & Associates, seconded by Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9,H, SERVICE AUTHORIZATION NO. 8/DAVID MILLER & ASSOCIATES: Consider a Service Authorization in an amount not to exceed $11,500 to the contract with David Miller & Associates for archi- tectural services associated with the renovation and expansion of Fire Station No. 4, with funding from Decade of Excellence Bond Issue Phase II - Fire Station No. 4 Renovations (Account No. Dr. Alperin moved approval of Service Authorization No. 8 with David Miller & Associates, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.I, APPLICATION FOR ISTEA GRANT/EAST ATLANTIC AVENUE BEAUTIFICATIQN PROJECT~ Consider applying for the Intermodel Surface Transportation Efficiency Act (ISTEA) Grant and delaying the East Atlantic Avenue Beautification Project until 1995. Mr. Ellingsworth moved approval, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth -Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mrs. Smith commented that 1995 will be the Centennial year and the City is looking forward to an extravaganza on the -18- 1/11/94 beach. She questioned if there is money available at this time to get a jump on some of the activities that will be taking place on July 4th of that year. The City Manager stated there are plans to start work on this project in April of 1995 shortly after the Delray Affair and the money will not be available until July 1st, 1995. It could conceivably be broken into two separate projects, using some of the City revenue this year and that of the Delray Affair next year, but it will cost more doing it in that manner. At this point the roll was called to the motion. 9.J. CHANGE ORDER NO. 1 AND REQUEST FOR FINAL PAYMENT/TIGER CONSTRUCTION SERVICES. INC.: Consider a deduct change order in the amount of $69,814.70 and a request for final payment in the amount of $12,935.31 from Tiger Construction Services, Inc. for Water and Sewer for Former Enclave Areas (Seacrest Subdivision, Del-Raton Park and Homewood Park, Phase I), with funding from 1991 Revenue Bond Construction (Account No. 447-5175-536-60.31). Mr. Randolph moved approval of Change Order No. 1 and request for final payment to Tiger Construction Services, Inc., seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.K. CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/TIGER CONSTRUCTION SERVICES. INC.: Consider a change order in the amount of $9,638.06 and a request for final payment in the amount of $18,222.56 from Tiger Construction Services, Inc. for Lakeshore Drive Lift Station and Sanitary Sewer project, with funding from 1991 Water and Sewer Enclave Water/Sanitary Sewer Phase II (Account No. 447-5175-536- 60.31). Dr. Alperin moved approval of Change Order No. 1 and request for final payment to Tiger Construction Services, Inc., seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,L, CHANGE ORDER NO. 1/SWINTON AVENUE BEAUTIFICATION: Consider a Change Order to the contract with American Lighting and Maintenance, Inc., to extend the completion date for Phase I for 30 days to March 10, 1994. City Manager recommends approval. Discussion followed with regard to the moving of the houses which will commence on February 24, 1994, temporary stor- age, the landscape delay, the time extension, costs involved and decisions made by the CRA. The City Manager advised that several locations were reviewed before a storage decision was made, but it still remains costly, in addition to the exposure to vandal- ism. -19- 1/11/94 Dr. Alperin moved approval of Change Order No. I and to direct staff to seek payment from the CRA, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE ~QDE ENFQRCEMENT BOARD: Appoint an alternate member to the Code Enforcement Board to fill the real estate position to a term ending January 14, 1997. Mayor Lynch stated he has reviewed a number of applica- tions and plans to request input from members of the Board of Realtors before making the appointment of an alternate member. Mr. Ellingsworth moved to continue this item to the meeting of January 25, 1994, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint a member (layperson position) to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 1995. Mayor Lynch stated his recommendation would be to appoint Mark Little to fill the position of layperson to the Site Plan Review and Appearance Board. Mr. Randolph moved for the appointment of Mark Little as a layperson to the Site Plan Review and Appearance Board, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. .13. Comments and Inquiries on Non-Agenda Items: 13.A.1. Mrs. Smith had no comments or inquiries. 13.A.2, Dr. Alperin had no comments or inquiries. 13.A.3. Mr. Ellingsworth had no comments or inquiries. 15.A,4. Mr. Randolph stated he received a letter of resignation from Daisy Fulton who is leaving the Planning and Zoning Board and it is his wish that a replacement be found quickly in order to maintain the continuity of that Board. Mr. Randolph commented that at 633 W. Atlantic Avenue a leak was repaired at one of the water mains and in doing so, some of the pavers were removed. The recent rains have eroded this area and he would like it checked. -20- 1/11/94 13.A.5. Mayor Lynch stated a number of meetings have been held recently on crime and what is to be done. Among some of the supporting issues discussed by the Commission is a bill that Representatives Klein and Hanson have introduced that he feels the City should support. It is basically for the possession of assault weapons, which has now become a felony, with some very strict sentencing. It is his recommendation that the approach taken by the City Commission several months ago at a Workshop Meeting should be continued through the Municipal League and the Florida League of Cities, etc. Mayor Lynch commented that, while speaking with a mayor from another nearby city, their ordinance has been changed to require that Police and Fire Department employees reside in the City in which they are employed in the future. He requested that staff review the pros and cons of the legality of making this a requirement and present it to the Commission at a future date. Mayor Lynch questioned how the City of Boynton Beach hopped over Gulfstream Boulevard and included property within their City limits and if the City of Delray could also take in property currently located outside the City's jurisdiction. The City Manager responded that he suspects the City of Boynton Beach was able to provide them with utility service and the City of Delray could not. i3.B,~. The City Attorney introduced Brian Shedd, a resident of the City and announced that he will be the City's legal intern until the middle of May. He is a law student at Nova University, has a civil engineering background and everyone is well pleased to have him as a member of the department. 13,C,1, The City Manager responded to a question by Mr. Ran- dolph concerning the glare from the tennis lights by stating that the City has been working with American Lighting and Maintenance, Inc., and they have recommended installing shields. The City is going to obtain a couple of shields and see how they work; in the meantime a solution is still being sought. The City Manager stated that Commissioner Smith had brought to his attention a proposed mini bill from the House Committee on Community Affairs which would allow cities and counties to assess abutting property owners for maintenance of private streets in unplatted subdivisions. The City has a few situations of this nature and it is very difficult to arrange for maintenance. He feels it would be beneficial for the City to have Kathy Daley follow this and support it, as it would give the City a tool to work with. Mayor Lynch questioned the status of the review of the City's involvement in providing ambulance service, similar to that of the City of Boynton Beach. The City Manager advised it is still being reviewed. The reason Boynton Beach was able to do it so easily and with less expense was because they operate with -21- 1/11/94 only two fire stations, which is one reason they have a Class 4 or possibly a Class 5 fire rating. They are able to place three firefighters on each vehicle, whereas the City of Delray places two persons on each engine and two on each ALS vehicle. In order for the City of Delray to participate in the transportation of individuals, it would be necessary to hire additional persons in order to staff those rescue vehicles with three people instead of two. 13.D. There were no County and Municipal issues. Mayor Lynch declared the meeting adjourned at 8:10 P.M. :ci£y c erk ATTEST- The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of January 11, 1994, which minutes were formally approved and adopted by the City Commission on % /ruxz q / 99z/ · /~itY '-C~rk ~ NOTE TO,READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -22- 1/11194