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11-09-93 NOVEMBER 9, 1993 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 Tuesday, November 9, 1993. 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 Gerald Dingman, Abbey Delray North. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. The City Attorney stated that the applicant has re- quested a postponement of Item No. 9.B. (Request for Conditional Use Approval/South Florida Sanitation) to the Regular Meeting of November 23rd; also, Item No. 9.F. (Resolution No. 105-93) has been postponed to November 23rd. There are three amendments to the agenda; Item No. 9.N. (Authorization to Submit Settlement Demand), Item No. 9.0. (Emergency Water main Replace- ment/Seabreeze Avenue and Lowry Street) and Item No. i2. A. (Ordinance No. 55-93). Mayor Lynch noted that Brahm Dubin would like to make a short presentation and he would like that to be added to Item No. 7. Mr. Ellingsworth moved approval of the agenda, as amended, 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. 5. Approval of Minutes: Dr. Alperin moved approval of the minutes of the Regu- lar Meeting of October 26, 1993 and the Special Meeting of Novem- ber 2, 1993, seconded by Mrs. Smith. Upon roll call the Commis- sion 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.A. Mayor Lynch read and presented a proclamation proclaim- ing the period of November 8 through 12, 1993 as "Poppy Week" Abraham Bellis came forward to accept the proclamation. 6.B. Mayor Lynch read and presented a proclamation proclaim- ing November 11, 1993 as the "75th Anniversary of the Armistice of World War I", now known as Veterans' Day. Abraham Bellis also accepted this proclamation. 6.~, Mayor Lynch read and presented a proclamation proclaim- ing the week of November 14 through 21, 1993 as the "First Annual David Ben-Gurion Week Celebration" Ernest Goldblum came forward to accept this proclamation. 6.D. Mayor Lynch presented a proclamation proclaiming the week of November 21 through 28, 1993 as "National Bible Week". 7. Presentations: 7.A.. Br~hm Dubin, Director of the Delray Beach Municipal Golf Course, stated that on October 29, 1993, the Golf Course held their third annual City of Delray Beach Long Drive contest for the City Commissioners. He congratulated Commissioner Jay Alperin, a repeat winner with a drive of 225 yards, and announced that he can proudly display the trophy in his office for a second year. The following items were considered by the Commission as the Consent Agenda: 8. Consent Agenda; City Manager recommends approval. 8.A, EMERGENCY MANHOLE REPLACEMENT/HAMLET DRIVE; Approve the emergency repair of Sanitary Manhole 3A on Hamlet Drive and the award of contract to Southern Pipeline, Inc. in the amount of $10,490 with funding from Water and Sewer Renewal and Replacement - Manhole Rehab (Account No. 442-5178-536-61.84). 8.B. APPROVAL.OF AND AMENDMENTS TO THE COMMUNITY REDEVELOP- MENT AGENCY SUBSIDIZED LOAN PROGRAM AGREEMENTS; Approve subsi- dized loan agreements with the CRA, Barnett Bank and AmTrust Bank for participation in the CRA's interest free loan program; and an amendment to the subsidized loan agreement with First Union (third amendment), Banyan Bank (first amendment), Barnett Bank and AmTrust Bank which deletes inventory, furniture, fixtures and equipment from business loans. ~.C. RESOLUTION NO, 104-.93; Approve a resolution authoriz- ing the Community Redevelopment Agency to purchase certain real -2- 11/09/93 property located at N.W. 5th Avenue and Martin Luther King Boule- vard. The caption of Resolution No. 104-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 104-93 is on file in the offi- cial Resolution Book) ~,D. RE$OLUTIQN NO, 101-93~ A resolution requesting that the Clinton Administration and Congress pass meaningful legisla- tion to end the practice of unfunded mandates, and to include in any future mandate, provisions requiring local government input, cost/benefit analyses and scientifically sound assessments of purported health, safety, or environmental risk, and proclaiming October 27, 1993 as, "Unfunded Mandates Day", in observance of NatiOnal Unfunded Mandates Day. The caption of Resolution No. 101-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE CLINTON ADMINISTRATION AND CONGRESS PASS MEANINGFUL LEGISLATION TO END THE PRAC- TICE OF UNFUNDED MANDATES, AND TO INCLUDE IN ANY FUTURE MANDATE, PROVISIONS REQUIRING LOCAL GOVERNMENT INPUT, COST/BENEFIT ANALYSES AND SCIENTIFICALLY SOUND ASSESSMENTS OF PURPORTED HEALTH, SAFETY, OR ENVIRONMENTAL RISK, AND PROCLAIMING OCTOBER 27, 1993 AS "UNFUNDED MANDATES DAY" IN OBSERVANCE OF NATIONAL UNFUNDED MANDATES DAY. (Copy of Resolution No. 101-93 is on file in the offi- cial Resolution Book) ~.E. RESOLUTION NO. 103-93: A resolution extending the sunset date for the Swinton Avenue Task Team from March 12, 1993 to September 30, 1994. The caption of Resolution No. 103-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 87-92 WHICH ESTABLISHED THE SWINTON AVENUE TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 3 3 11/09/93 WHICH PROVIDES THAT THE SWINTON AVENUE TASK TEAM SHALL IMMEDIATELY PURSUE ITS ASSIGNED TASKS WITH A TARGET OF ACCOMPLISHING SAID TASKS BY MARCH 12, 1993, BY EXTENDING THE ESTABLISHED TARGET DATE TO SEPTEMBER 30, 1994; BY AMENDING SECTION 4 WHICH PROVIDES THAT THE SWINTON AVENUE TASK TEAM SHALL HAVE A SUNSET DATE OF MARCH 12, 1993, BY EXTENDING THE ESTABLISHED SUNSET DATE TO SEPTEMBER 30, 1994; AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 103-93 is on file in the offi- cial Resolution Book) AGREEMENT WITH FLORIDA POWER AND LIGHT:. Approve a Commercial Industrial Load Control Agreement with Florida Power and Light for the Water Treatment Plant. A~CEPTANCE OF SETTLEMENT OFFER: Accept an offer to settle Shaw vs. Goff and Wagner. 8,H. REQUEST.FOR FINAL PAYMENT/HAZEN AND SAWYER: Approve a request for final payment from Hazen and Sawyer in the amount of $2,858.79 for completion of a study and report of the preliminary design criteria for the proposed stormwater pump stations on the barrier island; with funding from Stormwater Utility Fund - Engineer/Architect (Account No. 448-5411-538-31.30). EASEMENT AGREEMENT/DRUG ABUSE FOUNDATION: Approve an easement agreement with the Drug Abuse Foundation which provides that the Drug Abuse Foundation will provide an easement across its property in order to allow for the installation and mainte- nance of utilities; and, in return, the City agrees to return any areas disturbed by the installation or maintenance of the utili- ties to their original condition. 8.J. DEOBLIGATION OF COMMUNITY DEVELOPMENT BLOC~ GRANT RENTAL REHABILITATION FUNDS: Deobligate the $53,760 of CDBG Grant Funding approved with Bid Award 93-31 for Dr. Virgil Nor- ris' property located at 11-27 S.W. 2nd Avenue. 8.K. RIGHT OF ENTRY AND LICENSE AGREEMENT~ Approve a right of entry and license agreement with Berkshire by the Sea Condo- miniums in conjunction with the Master Booster Station project. 8,L. RESOLUTION NO. 102r93: A resolution assessing costs for abatement action required to remove junked and/or abandoned vehicles on 10 properties located within the City. The caption of Resolution No. 102-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE -4- 11/09/93 CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 102-93 is on file in the offi- cial Resolution Book) 8.M. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS OF OCTOBER 21, 1993: Ratify the actions taken by the SCRWTD Board at their meeting of October 21, 1993. 8oN. GRANT AGREEMENT/PALM BEACH SPORTS AUTHORITYI Accept a grant in the amount of $25,000 from the Palm Beach County Sports Authority to help defray the City's expenses associated with the Virginia Slims Tennis Tournament to be held February 26, 1994 through March 6, 1994; and authorize Mayor Lynch to execute the associated grant agreement, 8.0. AWARD OF BIDS AND CONTRACTS: 1. Maintenance Agreement - Air Scrubbers at Lift Station Nos. 1, 4, 11 and 80 - Davis Water and Wastewater Industries, Inc. in the amount of $24,000 with funding from Water and Sewer Lift Station Mainte- nance-Chemicals (Account No.441-5144-536-52.21). 2. Water Meters - Water/Sewer Network - Sunstate Meter and Supply, Inc. (via City of Boca Raton Bid) in the estimated annual cost of $73,000 with funding from Water and Sewer Fund Renewal and Replacement - Water Meter Replacement Program (Account No. 442-5178-536-61.81). Dr. Alperin moved approval of the Consent Agenda, seconded by Mr. Randolph. 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. Regular Agenda: 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, Site Plan Review and Appearance -5- 11/09/93 Board and the Historic Preservation Board during the period October 25, 1993 through November 5, 1993. Dr. Alperin moved to receive and file the report, 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. 9.B. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.~. SETTLEMENT OFFER: Consider an offer of settlement in the amount of $80,000 from Roy M. Simon, AIA, for alleged breach of contract by the City with regard to architectural services for the Tennis Center/Stadium project. The City Attorney advised that a demand of settlement has been received in the amount of $80,000 relating to the Tennis Center complex. The contract has been reviewed, there was notice of termination, it was terminated, and the clause in the contract sets forth a certain termination expense provision which proposes an amount due Mr. Simon in the amount of $3,447. Mr. Randolph moved for denial of a settlement in the amount of $80,000, seconded 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. Dr. Alperin moved to approve a counter offer in the amount of $3,447, 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. 9.D. AWARD OF BIDS/TENNIS CENTER PHASE II~ 1. Service Authorization/O'Brien, Suiter and O'Brien, Inc.: Consider a service authorization to the contract with O'Brien, Suiter and O'Brien, Inc. in an amount not to exceed $1,900 for surveying services in conjunction with the Tennis Center/Stadium Phase II project, with funding from General Construction Fund - Tennis Cen- ter/Stadium Phase II (Account No. 334-4145-572-63.42). City Manager recommends approval. Dr. Alperin questioned why a new survey is necessary after having been originally surveyed by Heller-Weaver & Cato, Inc. The City Manager responded that it is necessary to locate new items such as the tennis courts, grease trap and the parking addition, which the architect cannot do. Dr. Alperin asked if it would be cost effective to go back to the original surveyor. Assistant City Manager Barcinski stated that O'Brien, Suiter and -6- 11/09/93 O'Brien, Inc., is one of the City's survey firms that are on retainer for work as it comes up. Dr. Alperin moved to approve Service Authorization in the name of O'Brien Suiter and O'Brien, Inc., so long as it is not cost effective, in the City Manager's judgement, to go back to the original surveyor, 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. 2. Bid Award/Johnson-Davis, Inc.: Consider awarding the bid for relocation of underground utilities at the Tennis Center/Stadium to Johnson-Davis, Inc. in the amount of $23,565 with funding from General Construc- tion Fund - Tennis Center/Stadium Phase II (Account No. 334-4145-572-63.42). City Manager recommends approval. Dr. Alperin moved approval of the Bid Award to John- son-Davis, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. REVISED CAPITAL IMPROVEMENT PROGRAM FOR STORM WATER UTILITY FUND; Approve a revision to the Capital Improvement Program for the Storm Water Utilities fund projects which reallo- cates funding for certain projects. City Manager recommends approval. Discussion followed with regard to the reallocation of funding for certain projects. Dr. Alperin moved approval of the revision to the Capital Improvement Program, 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. 9.F, THIS ITEM WAS REMOVED FROM THE AGENDA. SERVICE AUTHORIZATION NO. 5/ECKLER ENGINEERING: Con- sider a service authorization in the amount of $15,709.20 to the contract with Eckler Engineering for engineering services in conjunction with the Rehabilitation of Lift Station Nos. 3, 9, 10, 15, 83, 88 and 105, with funding from Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 5, seconded 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. -7- 11/09/93 9,H, SERVICE AUTHORIZATION NO. 15/HAZEN AND SAWYER, P.C.: Consider a service authorization in the amount of $34,121 to the contract with Hazen and Sawyer, P.C. for the engineering services in conjunction with the N.E. 3rd Avenue/Decaries Street Water Main Extension project, with funding from 1993 Water and Sewer Bond - Water Main N.E. 3rd Avenue (Account No. 440-5179-536%63.58). City Manager recommends approval. The City Manager stated the purpose of this project is to improve fire-flows in the Atlantic High School area. Mr. Randolph moved approval of Service Authorization No. 15, 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. 9,I, SERVICE AUTHORIZATION NO. 7/GEE AND JENSQN~ Consider a service authorization to the contract with Gee and Jenson in the amount of $5,600 to provide a Pre-Hurricane Analysis of various municipal facilities, with funding from General Construction Fund - Buildings (Account No. 334-6112-519-62.10) and Miscellaneous Buildings (Account No. 334-6111-519-62.10). City Manager recom- mends approval. Upon question by Mr. Randolph, a discussion followed with regard to the safety of Pompey Park facilities and the possibility of alternative locations that could be considered in the future, window protection at City Hall, especially with MIS (Management Information Systems) located in such a vulnerable location. Mr. Ellingsworth moved approval of Service Authoriza- tion No. 7 with Gee and Jenson, 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,J, SERVICE AU~HQRIZATION NQ, ll/~H2M HILL; Consider a service authorization to the contract with CH2M Hill in the amount of $168,781 for engineering services in conjunction with the development of the Morikami Park Wellfield and extension of raw water mains from the wells along Jog/Carter Road, with fund- ing from 1993 Water and Sewer Bond - Morikami Park Wells (Account No. 440-5179-536-63.61). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 11 with CH2M Hill, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 8 11/09/93 9,K, APPQINTMENT TQ THE CIVIL SERVICE BOARD: Appoint an alternate member to the Civil Service Board to fill the unexpired term of Armand Mouw ending July 1, 1994. Mrs. Smith moved to appoint Harvey L. Brown, Jr. as an alternate member to the Civil Service Board, seconded by Mr. Randolph. 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,L, CITY MANAGER'S EVALUATION~ Dr. Alperin stated that to date the Commission has tried to keep within the same salary range that has been decided for the rest of the staff of the City, which is 0% to 5%. He feels this is a reasonable boundary. He has been very pleased with the City Manager's performance, but is hesitant to grade anyone with perfection. However, he would recommend an increase of 4.5%. Mrs. Smith stated, being the newest Commissioner, she would like to thank the City Manager for his patience and all the help he has given her. She seconds everything Commissioner Alperin said. Mayor Lynch commented that he feels the City Manager has done an excellent job. He has proven his leadership ability by doing an excellent job for the citizens of Delray and the Commission. In addition, he has also brought about a team that works as a team so, if anything should happen to him, the City is not left high and dry. He also feels that the City Manager has proven that he understands his role, as the Commission under- stands their role, and they try to be supportive at those times when the City Manager needs them. He does not look for perfec- tion, but would support a 5% increase. Mr. Randolph stated the City has become a better place over this past year and now that the City Manager has become geared to some of the individual whims of the Commissioners, he feels he has done a very fine job for the citizenry of this City and he would support Dr. Alperin's increase of 4.5%. Mr. Ellingsworth stated he feels the City Manager has brought stability to the City and staff which has made a big difference. He is very satisfied with his work and agrees with Mayor Lynch in support of a 5% increase. Mrs. Smith moved to increase the salary of the City Manager by 5%, secmnded 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- 11/09/93 9.M. CITY ATTORNEY'S EVALUATION: Mr. Ellingsworth commented that he feels the City Attorney has done an excellent job by keeping him informed of things that he was not previously familiar with. He feels she has made a sincere effort to comply with all the requests written by Dr. Alperin, so he would give her a very high rating. Dr. Alperin stated that he feels the Commission was asking a lot from the City Attorney at the time she was hired, so he has been pleasantly surprised with her performance in all areas. He feels that her response is very prompt and he would be in favor of giving her an increase of 4.5%. Mayor Lynch stated that he felt the City Attorney was given a major task and she has performed well above his expecta- tions in this short period of time. He feels she is deserving of a 5% increase. Mr. Randolph expressed his appreciation for the sincer- ity and honesty shown by the City Attorney, whether it was what he wanted to hear or not. He would support an increase of either 4.5% or 5%. Mrs. Smith stated that she feels the City Attorney has done every job the Commission has placed before her exceedingly well; one thing she feels especially good about is the communica- tion she has with the Commission, the staff and the public. She would be most willing to support a 5% increase. Mr. Ellingsworth moved for a 5% increase in salary for the City Attorney, 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. At this point, the time being 7:05 P.M., the Commission moved to the duly advertized Public Hearings portion of the agenda. 10. Public Hearings: 10,A. ORDINANCE NO, 61-93: An ordinance repealing Ordinance No. 56-93 which amended Chapter 54 "Sewers" of the Code of Ordi- nances to clarify the monthly customer charges where no water service is provided and to clarify the collection method of sewer service charges and enacting a new ordinance to correct the rate structures and effective date. 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. 61-93: -10- 11/09/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NUMBER 56-93 IN ITS ENTIRETY, AND ENACTING A NEW ORDINANCE AMENDING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54-31, "CONNECTION CHARGES; EXCEP- TION'', TO CLARIFY WHEN A SEWER CONNECTION CHARGE MUST BE PAID; BY REPEALING SECTION 54.32 AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE", TO CLARIFY THE COLLECTION METHOD OF SEWER CHARGES; PROVING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 61-93 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. Randolph moved for the adoption of Ordinance No. 61-93 on Second and FINAL Reading, 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. 10.B. ORDINANCE NO. 62-93: An ordinance annexing the Sunset Pines Condominium, Discount Auto Parts and Spodak Medical Center with initial City zoning of RM (Multiple Family Residential), NC (Neighborhood Commercial) and POD (Professional Office District), respectively. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 62-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING (3) PARCELS OF LAND TO THE CITY OF DELRAY BEACH, FLORIDA, WITH INITIAL CITY ZONING OF NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, POD (PROFESSIONAL OFFICE) DISTRICT AND RM (MULTI- PLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND LYING AND BEING IN SEC- TION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; REDEFINING THE -11- 11/09/93 BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 62-93 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. 62-93 on Second and FINAL Reading, seconded by Mr. Randolph. 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. 10.C~ ORDINANCE NO. 63-93: An ordinance amending Section 4.4.13 "Central Business (CBD) District" of the Land Development Regulations to clarify the parking requirements for the Central Business District. Planning and Zoning Board recommends 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. 63-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G) "SUPPLE- MENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE PARKING REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEC- TIVE DATE. 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. Chris Brown, speaking on behalf of the Parking Manage- ment Team, stated that they reviewed this ordinance at their meeting last week and it was felt that by putting a burden of twelve (I2) spaces per thousand for restaurants in the expanded Central Business District, it would effectively kill the opportu- -12- 11/09/93 nity. The Parking Management Team recommended that the Commis- sion consider four and one-half (4.5) spaces per thousand instead of twelve (12) spaces. In the current CBD, which is the old DDA area, a similar requirement for restaurants was also recommended, i.e., four and one-half (4.5) parking spaces as opposed to the current three and one-third (3.3) spaces, so they actually in- creased the number of parking spaces required. However, a third recommendation in the OSSHAD District was to have that parking moved down to four and one-half (4.5) per thousand, where the requirement is currently twelve (12) spaces per thousand for restaurants. Mr. Brown recommended that this be tabled tonight and requested that they be permitted to return in two weeks after the Parking Management Team meets with the Planning Department to draft specific language in outlining their recommendations. Dr. Alperin moved to continue Ordinance No. 63-93 to the Regular Meeting of November 23, 1993, 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. 10.D, ORDINANCE NO, 64-93: An ordinance amending Section 4.6.9, "Off Site Parking Regulations", of the Land Development Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to revise the in lieu parking fee general provisions, and to revise the in lieu parking fee to $6,000 per space. Planning and Zoning Board recommends 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. 64-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.9, "OFF SITE PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.9(E), "IN LIEU FEE"__ TO REVISE THE IN LIEU PARKING FEE GENERAL PRovISIONS, TO REVISE THE IN LIEU PARKING FEE TO $6,000 PER SPACE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 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. -13- 11/09/93 Chris Brown expressed the feeling that Ordinances No. 63-93, 64-83 and 66-93 should all be continued to November 23, 1993. Mr. Randolph moved to continue Ordinance No. 64-93 to the November 23rd Regular Meeting, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - No; Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion FAILED with a 3 to 2 vote. Mrs. Smith moved for the adoption of Ordinance No. 64-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - No. Said motion FAILED with a 3 to 2 vote. 10,E, QRDINANQE NO. 66-93: An ordinance amending Section 4.2.24 "Old School Square Historic Arts District (OSSHAD), of the Land Development regulations to provide for a reduction in the parking requirements for new development or change in use subse- quent to January 1, 1994. Planning and Zoning Board recommends 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. 66-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)'~, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE FOR A REDUCTION IN THE PARKING REQUIREMENTS FOR NEW DEVELOPMENT OR CHANGES IN USE SUBSEQUENT TO JANUARY 1, 1994; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 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. Dr. Alperin moved to continue Ordinance No. 66-93 to the Regular Meeting of November 23rd, 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. -14- 11/09/93 At this time David Kovacs, Planning Director, commented that, as a Commission, they had in essence chastised the Parking Management Team for not moving on the in lieu fee and for not bringing it before them in order that the fee could be raised. The committee acted, based on Commission direction, to move on this item. But acting as a Commission, to deny it without direc- tion, leaves the advisory boards and those persons to whom re- quests are made, in a quandry as to what they should do. It is his opinion that the Commission should either provide direction today or reconsider their actions, so it will be unnecessary to go back to the beginning and progress through a new text amend- ment and the complete process, unless, indeed, that is what the Commission desires. Mayor Lynch stated that he feels the fee needs to be justified through different geographic areas, because of the cost of land. Dr. Alperin moved to reconsider the motion to adopt Ordinance No. 64-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to continue Ordinance No. 64-93 to the Regular Meeting of November 23rd, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Pu~Iic Hearing$, II.A. City Manager's response to prior public comments and inquiries. The City Manager stated the issue regarding presenta- tions to the Commission, but not visible to the audience, has been raised again and it is still being considered. The most promising alternative at this point appears to be removal of a few seats to create a platform in front of the screen where items could be displayed. At this time costs are being reviewed along with the type of construction. The City Manager responded to a question about the appearance of Lake Ida Road. The right-of-way maintenance is the responsibility of Palm Beach County, in addition to those persons owning property. Since the last meeting, the County has mowed the right-of-way, so it does look better; however, the City will continue to try and get the County to be more consistent with their maintenance. -15- 11/09/93 In response to several issues raised by Mrs. Wachtel, a meeting was scheduled with the Planning and Zoning Commission to discuss her concern with the City's present regulations regarding non-conforming uses. The City Manager also discussed communica- tions with Mrs. Wachtel concerning proposed uses and he is satis- fied that the staff has not given her any inappropriate direc- tion. Prospective tenants have been contacted and inquiries were made as to exactly what they wanted the tenant to do. He does not feel the tenants have been mislead, nor was it suggested to them that they do things that would circumvent the City's zoning regulations. The City Manager stated that, on the MIC (Mixed Indus- trial and Commercial) zoning, a review has commenced and will ultimately go to the Planning and Zoning Commission, as to wheth- er the area is currently zoned MIC, appropriately zoned or whether some of the regulations in the zoning district itself should be changed. ll.B. From the Public. ll.B.1. Jean Beer, 945 Tropic Boulevard, stated most of the City's landscaping money appeared to go the route of North Feder- al Highway and the planting that was originally meant to be placed at the south entrance to the City was whittled down. At this time, South Federal Highway is beginning to look like an overgrown weed patch, especially in the area of the fruit market just before the approach to the C-15 Canal. ll,B.2. Gerri Hudson, 25 S.W. 7th Avenue, commented that she is aware that the City has a noise ordinance. On Wednesday through Sunday nights for the past six months, the West Side Liquor establishment has entertained with a live band from the hours of 9:00 P.M. to 2:00 A.M. and she has problems with the noise. She questioned if a permit has been issued to allow this music, if the noise meets the criteria of the ordinance; and, if not, how can it be corrected. She has contacted the Police Department, explaining that she has small children of school age and received very positive responses. However, she can see no change. ll.B,3. Floyd Brooks, President of Carver Park Homeowners Association, stated there is a water problem in the subdivision. He has lived in this area since 1962 and there has been a need for sidewalks. To his knowledge the City has not been out to repair any of those broken sidewalks or put new ones in since he has lived there. There is also an ongoing drug problem, but the Police Department has been very cooperative with them. ll.B.4. Alice Finst, 707 Place Tavant, expressed her apprecia- tion for the attendance by the Commission at the Crime and Vio- lence Meeting and asked for information on whom to approach to request that our courts be returned to the municipal system, if the Commission agrees that this is appropriate. -16- 11/09/93 The City Manager responded that this procedure would require a Constitutional Amendment. Mrs. Finst questioned if this is something the City could discuss or consider. Mayor Lynch advised that one of the issues that arose at the meeting of the Florida League of Cities that he and the City Manager attend- ed last week in Tallahassee, was of a newly-formed committee, whose function is crime and problems and how to correct the judicial systems. One of the issues discussed was the return to municipal courts, so it is being looked at on a State level by the Florida League of Cities, an organization that the City of Delray belongs to. He further stated as a member of that board, he is behind that and, upon approval by the City, he would vote in favor. 13.B.5. Arthur J~ckel. resident, complimented all involved in the creation of the new Fire Station on Atlantic Avenue, which he had the privilege of touring last week. Mr. Jackel expressed gratitude to Clay Wideman and feels perhaps the City should show some type of recognition for his dedication and the sacrifices he has made to the City. Mr. Jackel stated he recently read in the newspaper where the City is going to spend another $1.2 million on the Tennis Complex, mostly for seating. In his opinion, he feels the tournaments should be scheduled prior to acquiring more seating, then perhaps temporary seating could be used until such time as there is a definite need. Mr. Jackel commented that he has always leaned toward utilizing the local businessman, including local architects. He is familiar with a third architect, in addition to the two that the City uses on a rotation basis. He suggested that, at the time the City considers the new golf club, perhaps this third architect, Roy Simon, might be considered. 12. First Readings: 12.A. Ordinance No. 55-93. An ordinance amending Chapter 52, "Water", of the Code of Ordinances to provide for miscellaneous text revisions, increasing water deposits for tenants, changing the water rate structure to an inverted block schedule, estab- lishing a Conservation Surcharge and adding fees for various services. If passed public hearing November 23, 1993. The City Manager presented Ordinance No. 55-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,"WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 52.02, "DISCONTINUING SER- VICE AT REQUEST OF CUSTOMER", TO CLARIFY THE TERM "TEMPORARY"; BY AMENDING SECTION 52.15, -17- 11/09/93 "MINIMUM SIZE OF METERS", TO SEPARATELY DEFINE METER SIZES USED AT pLACES OF BUSINESS AND TO REDESIGNATE THIS SECTION; BY AMENDING SECTION 52.31, "CONNECTION CHARGES", SUBSEC- TION (A), TO CLARIFY WHEN A WATER CONNECTION IS CHARGED; BY AMENDING SECTION 52.33, "DE- POSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE IN DEPOSITS; BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTH- LY RATES", TO PROVIDE FOR AN INCREASE IN COMMODITY CHARGES BY METERED CONSUMPTION, BY ENACTING A NEW SUBSECTION (C), "EMERGENCY RATE ADJUSTMENT FOR WATER CONSERVATION", TO PROVIDE FOR A SURCHARGE DURING PERIODS OF MANDATED WATER RESTRICTIONS, BY REDESIGNATING SUBSECTIONS (C) AND (D) TO (D) AND (E); BY AMENDING SUBSECTION (E) TO DEFINE A BILLING CYCLE; BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON", TO ADD AN EXCEPTION; BY AMENDING SECTION 52.37, "TEMPO- RARY USE; TAPPING CHARGES AND DEPOSIT", TO BE REDESIGNATED SECTION 52.38; BY AMENDING SECTION 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS", TO BE REDESIGNATED SECTION 52.37 BY AMENDING (NEWLY REDESIGNATED) SECTION 52.37, "SERVICE CHARGE FOR AFTER HOUR CALLS", TO ADD THE WORDS "IF APPLICABLE"; BY AMENDING SEC- TION 52.39, "OTHER FEES" BY ENACTING A NEW SUBSECTION (E), "METER ~EREAD CHARGE", TO PROVIDE FOR A SERVICE CHARGE FOR METER RE- READS REQUESTED BY THE CUSTOMER, BY ENACTING A NEW SUBSECTION (F), "REMOVAL OF SERVICE LINE" TO PROVIDE FOR A SERVICE CHARGE FOR THE R~MOVAL OF A SERVICE LINE, BY ENACTING A NEW SUBSECTION (G), "REINSTALLATION OF A SERVICE LINE", TO PROVIDE FOR A SERVICE CHARGE FOR THE REINSTALLATION OF A SERVICE LINE, AND BY ENACTING A NEW SUBSECTION (H), "DESTRUCTION OF METER AND/OR RELATED EQUIP- MENT'' TO PROVIDE FOR CHARGES IN THE EVENT OF DESTRUCTION OF A METER AND/OR RELATED EQUIP- MENT; BY AMENDING SECTION 52.50, "RENDERING OF BILLS; WHEN PAYMENT DUE", TO DEFINE A BILLING CYCLE; BY AMENDING SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", SUBSECTION (A), TO CLARIFY THE RECONNECTION CHARGE; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. -18- 11/09/93 Mayor Lynch stated, even though this is a First Read- ing, he will open the floor to public comment. Jean Beer, 945 Tropic Boulevard, expressed the feeling that this is a more equitable solution than the previous one on the surcharge; however, it still does not address the fact that some people are going to be paying the surcharge on watering lawns. She feels it remains necessary to contact South Florida Water Management District and request relief, because people with wells are allowed to water all night, if they care to. She also stated that everyone should be aware that there is a policy in the Comprehensive Plan which has not been done. It states that, -- "to develop a standard of water use for various land uses varying with lot sizes, bedrooms and common area which equates to 110% of a reduction target and establish as a limit of reasonable consumption; then provide for a penalty payment, higher rate for water consumption above the reasonable amount". It also states that this program shall be instituted in 1992-93 if the rate of water consumption is not reduced through voluntary means. She feels something must be done to either change the wording in the Comp Plan, or by some other means, as the City is not doing this. Sandr~ Almy, 1103 Vista Del Mar, stated that she con- curs with Ms. Beer and feels that the policy should be reviewed, perhaps by staff, to see if there is some way of rearranging the policy or the approach to water charges within the City. On the other hand, she feels the entire system is inequitable and is based on a totally false principle of conservation. Neverthe- less, she thanked all who were involved with the amount of work that was obviously involved in the reworking of the structure and the surcharge. Mayor Lynch commented that working with SFWMD is proba- bly as difficult as working with any other government organiza- tion. It is nearly impossible to get an answer and he feels it is the epitome of bureaucracy. However, if there is a feeling that an opportunity is available to sit down with these people and work something out, long term, he feels an attempt should be made. The City Manager stated that he feels the effort should be made. The problem with agencies like the Water Management District is that they are very insulated. The Board is appointed by the Governor, it can only be removed by the Governor, they are never voted on and they levy property tax, so they have a very lucrative source of revenue. Mr. Ellingsworth moved for the adoption of Ordinance No. 55-93 on First Reading, subject to efforts to work with SFWMD to look to a long term solution, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; -19- 11/09/93 Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the remainder of the Regular Agenda. 9.N, Authorization ~o Submi~ Settlement Demand: Authorize the City Attorney to submit a settlement demand to Mutual Fire and Marine Insurance Company which provided insurance coverage to Aero-Dri (Davey Compressor). The City Attorney stated this is an authorization to submit a demand to Marine Insurance Company in the amount of $250,000 to $300,000. She feels the City should pursue this at this time. Dr. Alperin moved to authorize the City Attorney to seek a demand settlement of $300,000 to Mutual Fire and Marine Insurance Company, 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. 9.0. Emergency Water Main Replacement/Seabreeze Avenue and Lowry Street: Approve the emergency replacement of water mains on Seabreeze Avenue and Lowry Street by Chaz Equipment, Inc., in the estimated amount of $53,000, with funding from Water and Sewer Renewal and Replacement (Account No. 442-5178-536-61.78). Dr. Alperin moved approval of the emergency replacement of water mains on Seabreeze Avenue and Lowry Street by Chaz Equipment, Inc., seconded by Mr. Ellingswortho 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. 13 Comments and Inauiries on Non-Aaenda Items: 13.A.1. Dr. Alperin had no comments. 13.A,2. Mrs. Smith congratulated Elizabeth Tyson, who was selected Librarian of the Year for the Florida Public Library Association. Mrs. Smith stated she was impressed with the list included in the Commission packet telling of the things that are happening at Carver Middle School, with all the family services that are coming into place. Mrs. Smith expressed sorrow at the passing of Pete Bowen yesterday. He was an outstanding citizen of this community and has given much to the City. He helped establish the Communi- ty Care Center twenty-three years ago and remained an active -20- 11/09/93 member, in addition to all the other things he has done for the City. He will surely be missed. Mrs. Smith commented that she hopes everyone has signed up to work at Veterans' Park sometime during this week, with completion scheduled for Sunday. l~.A.3, Mr. Randolph stated that this evening on Channel 12, there was a story regarding the highway dividers that are being constructed to prevent head-on collisions on 1-95, advising that there will be few openings upon completion of the project. The only points of crossover will be at bridges, etc. He feels this will pose a problem to the City's Fire Department and that it should be looked at very carefully. 13,A,4o Mayor Lynch noted that the ELMS Bill (Environmental Land Management Study) which was passed last year by the State Legislature, states if cities and counties are having jurisdic- tional disputes over property and annexations, they can work these out by themselves. There is now an attempt to remove that from the Bill and he feels it is a very important issue. If anyone is acquainted with any of the State Legislators, they should be contacted as it is used in many cities and counties in Palm Beach County, as well as the City of Delray, and it is being abused the way it is now. Mayor Lynch questioned exactly what price per acre the School Board plans to pay for the Blood property. While the City has set out an amount per acre, a lot of other road work, etc. is going to be done in addition. He feels the cost of this extra work should be calculated in order to come up with a true picture of what the City plans to spend at that project. He, personally, feels that the School Board needs the City to put the park in for their project to be successful and Blood needs the School Board and the park to make their entire project workable. He feels the City should be in the driver's seat to ensure that they do not lose their position in this project. The City Manager responded that the proposed contract the City was in possession of showed Bloods paying all costs and he is not sure how the School Board contract reads with regard to costs connected to the sale. That will be evaluated further before it is again placed on the agenda. 13.B, City Attorney. 13,B,1. The City Attorney thanked the Commission for her evalu- ation and expressed her appreciation for the working relationship she enjoys with each. 13.C. City Manager. 13.C.1. The City Manager expressed appreciation to the Commis- sion for their confidence and support. The things that have been -21- 11/09/93 accomplished could not have been done without the support of the Commission and it has been very gratifying for him, professional- ly, to work with this Commission and everyone who has served from the time he has been with the City. He feels that this year was tremendously successful with the recognition of receiving the "All America City" award and the first "Slims Tournament" in the stadium and it will be difficult to top. 13.D. Municipal ~nd County I~ues. NONE Mayor Lynch declared the meeting adjourned at 8:05 P.M. Acting City Clerk ATTEST: The undersigned is the Acting 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 November 9, 1993, which minutes were formally approved and adopted by the City Commission on November 23, 1993 Acting City Clerk 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- 11/09/93