Loading...
04-13-93 APRIL 13. ~995 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, April 13, 1993. 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 Assistant City Attorney Susan A. Ruby 2, The opening prayer was delivered by the Auburn Trace Girl Scouts. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Ellingsworth moved approval of the agenda, 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. Dr. Alperin moved approval of the Regular Meeting minutes of March 23, the Organizational Meeting of March 25 and the Special Meeting of March 30, 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, ~,A, Mayor Lynch read a proclamation proclaiming April 22, 1993, as "EARTH DAY". Brenda Corwin, Recycling Coordinator, came forward to accept the proclamation. 6.B. Mayor Lynch presented a proclamation proclaiming the week of April 25 through May 1, 1993, as "NATIONAL CRIME VICTIMS' RIGHTS WEEK". 6.C. Mayor Lynch presented a proclamation proclaiming the week of June 1 through June 7, 1993, as "POSTPOLIO SYNDROME AWARENESS WEEK". 6.D, Mayor Lynch read a proclamation supporting and pro- claiming the establishment of the Community Service Awards Pro- gram and the establishment of the Community Memorial Fund for the City of Delray Beach. Frances Bourque came forward to accept the proclamation. She suggested having a statue placed in Veterans Park in honor of all those persons who have given their lives so this community might be a better place in which to live. A particular artist has been contacted and asked if he would like to place one of his significant sculptures in the park. Ms. Bourque has worked with various organizations and everyone feels this would be a great service to the young children in recogniz- ing these dedicated persons. Ms. Bourque advised that the cost of placing this in the park would be approximately $20,000. Kerry Koen, Fire Chief, stated the statue is an exam- ple of the artistry that our community would be proud of. As members of this community, it is our responsibility to raise the funds to accomplish this. There are numerous people who have endorsed this effort and support from the Commission is being requested. 7. Presentations. 7.A.A, Mayor Lynch commended former Commissioner Mouw for his expertise and expressed gratitude for his contribution to the Commission and the community. Mayor Lynch presented Mr. Mouw with a framed photo and a wristwatch with the emblem of the City of Delray Beach. 7.A. Resolution No. 34-95, Commending Jeffrey S. Kurtz for his service as City Attorney for the City of Delray Beach, is before the Commission for consideration. The City Manager presented Resolution No. 34-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JEFFREY S. KURTZ FOR 6 YEARS, 11 MONTHS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 34-93 is on file in the offi- cial Resolution Book) Mayor Lynch read the Resolution in its entirety. Mr. Randolph moved for the adoption of Resolution No. 34-93, seconded by Dr. Alperin. 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. -2- 4/13/93 Mayor Lynch, on behalf of the City Commission, congrat- ulated Jeff Perlman on his journalism and recognized a photogra- pher for the Monday/Thursday Times newspaper. CONSENT AGENDA Acceptance of an Easement Agreement. The Commission is to consider accepting an easement deed for the south five feet of Lot 23, Block 69, Town of Delray, from Lena D. O'Neal in conjunc- tion with Phase II Alley Reconstruction project. Approval is recommended. 8.B~ Mutual Aid Agreement/Palm Bga~h CQun~y School Board Police: The Commission is to consider approval of a mutual aid agreement with the Palm Beach County School Board Police which provides for assistance during law enforcement emergencies which cross jurisdictional lines. Approval is recommended. 8,C, Revised Agreement with Palm Beach County/Lake Ida Park. The Commission is to consider approval of a revised agreement with Palm Beach County for the use of a 2.63 acre parcel located at 1100 Lake Drive~.(Lake Ida Park) which modifies the provisions of the.~Mechanics' Lien. Approval is recommended. Soap Box Derby Rally. The Commission is to consider approval of a request from the Delray Beach Soap Box Derby Com- mittee to close Linton Boulevard between U.S. 1 and A-1-A on May 22, 1993 from approximately 8:00 a.m. until the conclusion of the Soap Box Derby Rally races and on June 20, 1993 (practice) and June 26, 1993 (June 27, 1993 rain date) for the Soap Box Derby; and, a request to sell hot dogs and refreshments. Approval is recommended. 8.E. Emergency Repair. The Commission is to consider ap- proval of the award of contract to Molloy Brothers, Inc. in the amount of $12,750 for the emergency repair of the bridge by Hole No. 3 at the Municipal Golf Course; with funding from Municipal Golf Course - Other Improvements (Account No. 445-4761-572-63.90). Approval is recommended. 8.F. Change Order NO. 2 and Request fQr Final Payment/ All-Rite Paving Contractors. Inc, The Commission is to consider approval of a deduct change order in the amount of $1,945.89 to the contract with All-Rite Paving Contractors, Inc. and approve a request for final payment in the amount of $892.42 for completion of the Cason Cottage Parking Lot Expansion project; with funding from 1987 Utility Tax - Interest Earnings (Account No. 333-0000-361-10.00). Approval is recommended. 8,G, ResQl~tion NO. $1-93. Resolution No. 31-93, assessing the costs for abatement action necessary to board up an unsafe structure at 347 S.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. -3- 4/13/93 The caption of Resolution No. 31-93 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING 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. 31-93 is on file in the offi- cial Resolution Book) 8.H, Resolu~iQn No. 32-~3~ Resolution No. 32-93, assessing the costs for abatement action necessary to board up an unsafe structure at 34 N.W. 3rd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 32-93 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING 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. 32-93 is on file in the offi- cial Resolution Book) 8.I, Resolution NO. 3~-93. Resolution No. 33-93, assessing the costs for abatement action necessary to demolish an unsafe structure at 35 N.W. 13th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 33-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF -4- 4/13/93 THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING 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. 33-93 is on file in the offi- cial Resolution Book) 8,J, Awar~ of Bids and Contract~, 1. Advanced Life Support Vehicle - Fire Department - Southern Ambulance Builders, Inc. in the amount of $83,122 with funding from Garage Automotive (Account No. 501-3311-591-64.20/$73,122) and Special Project Fund Reserved for Fire Rescue (Account No. 115-0000-248-64.00/$10,000). 2. Concrete Meter Boxes - Public Utilities - Hughes Supply Inc. (term contract) in the estimated annual amount of $12,954 via Palm Beach County Bid with fund- ing from Water Distribution General Operating (Account No. 441-5123-536-52.20). 3. Rental Rehab Program - 144-146 S.W. 2nd Avenue - MJD Construction Services in the amount of $11,940 with funding from Community Development Block Grant - Rental Rehab (Account No. 118-1975-554-49.19). 4. Housing Rehab Program - 705 N.W. 1st Street - Gary Purr in the amount of $14,005 with funding from Commu- nity Development Block Grant - Housing Rehab (Account No. 1~8-1963-554-49.19). 5. Photographic Supplies - Various City Departments - Photoline Supplies, Inc. in the estimated annual cost of $I7,513.90 with funding from All Funds- Photo/ Microfilm Service (Account No. XXX-XXXX-XXX-34.70). 6. Replacement Vehicles - via State Contract - various vendors in the amount of 8110,825 with funding from Garage Automotive (Account No. 501-3312-591-64.20). Mr. Ellingsworth moved for approval of the Consent Agenda, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. -5- 4/13/93 Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Review of Appealable Land Development ActiQns of Vari- ous Boards. The Commission is to consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period March 22, 1993 through April 9, 1993. Dr. Alperin moved to receive and file the report, 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~B. Request for Release of Liens/216 $.W, 13th Avenue. The Commission is to consider releasing additional nuisance abatement liens in the amount of $361.85 for property located at 216 S.W. 13th Avenue. City Attorney and City. Manager recommend approval. Assistant City Attorney Ruby stated these nuisance abatement liens are in addition to those that were released for Mr. Simon and previously approved by the Commission. Clarifica- tion from the Commission is requested for release in the amount of $500 that will include all liens. Dr. Alperin moved approval, 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.C, Resolution NO. 37-95. Resolution No. 37-93, authoriz- ing the Community Redevelopment Agency to issue redevelopment revenue bonds in the principal amount not to exceed $5,100,000, is before the Commission for consideration. City Manager recom- mends approval. The City Manager presented Resolution No. 37-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH TO ISSUE REDEVELOPMENT REVENUE BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIVE MILLION ONE HUNDRED THOUSAND DOLLARS ($5,100,000.00) UPON TERMS HEREINAFTER DESCRIBED; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 37-93 is on file in the offi- cial Resolution Book) -6- 4/13/93 Dr. Alperin moved for the adoption of Resolution No. 37-93, 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.D. Request from Community Redevelopment Agency. The Commission is to consider a request from the CRA for the City to pay the fee for connection to the City's water service in con- junction with the Banker's Row parking lot project. City Manager recommends denial. Mr. Randolph moved for denial of the request, 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. Rgsolution NO. 39-93. Resolution No. 39-93, amending Resolution No. 121-92 to include a representative from the Old School Square Historic Arts District in the general membership of the Parking Management Team, is before the Commission for consid- eration. The City Manager presented Resolution No. 39-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 121-92 WHICH CREATED A PARKING MANAGEMENT TEAM FOR THE PURPOSE OF IMPLEMENTING THE MASTER PARKING PLAN, BY AMENDING SECTION 2 PERTAINING TO MEMBERSHIP COMPOSITION, TO INCLUDE A REPRESENTATIVE FROM THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 39-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 39-93, seconded by Mr. Ellingsworth. 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.E.1. Appointments to the Psrking Managsmsnt Team, The Commission is to consider appointing members to the Parking Management Team as recommended by the CRA Board of Commissioners. ~ Mrs. Smith moved for approval of the appointment of the following persons to the Parking Management Team: Donald Hornby as a member for the DDA; Joe Gillie as a member to Old School Square; Monty Helm as a member of the Beach Property Owners Association; Loretta McGhee as a member to the West Atlantic -7- 4/13/93 Avenue Group and Janet Onnen as a member of the expanded CBD district, seconded by Dr. Alperin. 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. Agreement with Highland Beach. The Commission is to consider an interlocal service agreement between the City of Delray Beach and the Town of Highland Beach providing for compre- hensive fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Highland Beach. City Manager recommends approval. The City Manager stated the Commission is not requested to approve this agreement tonight, but staff would like to know if there are any questions or any fundamental objections. The final agreement will be brought back to the Commission at the Special Meeting on April 20, 1993, for action. Discussion fol- lowed regarding various aspects of the agreement. The Commission concurred to allow staff to finalize the agreement and return it to them at the Special Meeting of April 20th, at which time action will be considered. 9,G. Approval of Funding/All America City Program. The Commission is to consider allocating $9,000 to cover the expenses associated with the All America City Program; with funding from Contingency - Other Promotional Activities (Account No. 991-2711-524-48.90), pending budget transfer. J~v Feln$r, member of the editing team for the All American City Program, requested a brief photo session. Mr. Felner stated some direct dollar costs need to be guaranteed, as transportation, lodging and some miscellaneous costs will be provided for this celebration. Dr. Alperin moved approval of the request for funding, 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.H. Golf Course Clubhouse Proposal, The Commission is to consider updated reports with regard to the proposed new Golf Course Clubhouse. The City Manager stated work has been ongoing for some months in an effort to arrange the best possible financing for this proposal and a major snag has erupted in that the financing structure being considered would make the property taxable. His concern is that the cost savings, by not going through the normal process of design and construction administration, would be more than offset by the additional taxes that the City would be re- quired to pay. It is his opinion that, should the City desire to -8- 4/13/93 continue with the present proposal, an architect selection pro- cess should be followed in order that conventional financing can be used, or the City should wait. His personal recommendation is that the Goldstein note be paid in full prior to proceeding with the new clubhouse. Upon question with respect to the amount of taxes, the City Manager responded that the projection ranges between $60,000 and $75,000 per year. Assistant City Attorney Ruby advised, while the City can proceed, there is a notice requirement for the ground lease that needs to be taken care of. In other words, the ordinance requires that certain terms of the lease be set forth in a notice and advertised. Mr. Kurtz, former City Attorney, stated Exhibit B before the Commission, encompasses more than just the building area. Improvements will be made to the parking areas as well, so it actually encroaches a little beyond that. The contractor, Gulf Building Corporation, has stated that if the Commission so desires, the description can be limited to follow the road line more -particularly in order to get away from the rectangular shape. His suggestion is for the Commission to give direction with regard to the financing at this time. John Collins, representing Gulf Building Corporation, pointed out that the agreement before the Commission tonight is the arrangement and deal that was offered before staff in Decem- ber. In essence, the agreement states that the City would be leasing a piece of ground to Gulf Building Corporation for $10 a year on which they would build a $3,083,000 facility from their own sources of revenue. Gulf Building Corporation would, in turn, lease that building to the City for a period of twenty (20) years. However, he feels it is important for the Commission to understand that the lease to the City is on an appropriations basis. This means that each year, when the City approves a budget, there must be a line item to appropriate rent payments to be paid to Gulf Building Corporation. If the City should not appropriate this payment each year in its budget, the lease is terminated and, at that time, Gulf Building Corporation has one recourse, and only one, which is to simply repossess the key and to operate the facility itself. The cost of the lease in the exhibit of the amortization schedule shows the lease payment to be about $275,000 a year. In that vein, the City is actually committing itself to the tune of $275,000 every year, and it can choose any year not to do that. Dr. Alperin stated he feels the concept is a good one; however, if he is reading the Commission correctly, he feels it is not going to happen. He would be willing to send this out for RFPs in order that the potential is not lost. -9- 4/13/93 Mayor Lynch complimented Mr. Collins on his project. He has two major problems; one being the size, which he feels is too large, the need is not there and he cannot justify leasing the building. It is his opinion that the City can do it much cheaper by building it on its own. He does not want a vacant building sitting there that the City has no control over, just because some year the City decides not to budget for it. Mrs. Smith commented that she has a problem accepting what the need is. In the report received from the group of consultants, it was stated that there was difficulty in determin- ing what the projected catering revenues are based on, since they appear quite high. The only proper way to assume such projec- tions is through studies done in the area. She feels there are many unanswered questions and she would never like to walk away from such a large investment. Mr. Randolph stated when this project first surfaced, he was excited and felt this was perhaps a unique way of financ- ing a project to give the City something without making major investments. However, he also stated that should this facility cost the taxpayer one ($1) dollar, he would be opposed to it. With the property tax announcement that was made earlier, he feels confident that it will indeed dig into the taxpayers' pock- et. His other concern is allowing the land in this City to be used to construct a facility that may someday revert back to an outside party under which the City would have no control. Mr. Ellingsworth stated it has been his feeling from the beginning that the project is too large and that it should be scaled down. He feels the City can still have a beautiful facil- ity that the community will be proud of with considerable less cost and no gamble of losing it. Discussion followed regarding overall size, catering and cost effectiveness. Brahm Dubin, Golf Course Manager, stated that on Friday nights, the restaurant serves 120 to 130 dinners with customers questioning when they are going to begin serving dinners on other nights of the week. It is their intention to be open Tuesday through Friday nights starting next year. He feels that a seat- ing capacity of 250 persons might work, because the restaurant must be closed to the public when special occasions fill the present restaurant. Mr. Randolph stated the City has no banquet size facil- ity that will handle over 300 people and he feels this is a must, rather than take this business outside the City. The City Manager stated he does not feel tonight is the time to decide on the size of a facility, but that a study should be made with input from various advisory groups and the citizens of the community to determine the appropriate size. Direction -10- 4/13/93 that is needed by staff tonight is whether or not to proceed with this proposal currently before the Commission. If not, direction is needed as to what the Commission would like staff to pursue with respect to replacing the clubhouse. Mayor Lynch requested a consensus from the Commission on whether or not to pursue the proposal as recommended, with the results as follows: Dr. Alperin - Yes; Mr. Ellingsworth - No; Mrs. Smith - No; Mr. Randolph - Yes; Mayor Lynch - No (3 to 2 against continuation). Upon question by Mayor Lynch as to a consensus to build a clubhouse now or to wait until the Goldstein note is fully paid, which is nearly two (2) years from now, the Commission voted as follows: Dr. Alperin - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said consensus resulted in a 4 to 1 vote to proceed with the building of a new clubhouse now. Mayor Lynch stated he is looking for staff recommenda- tion giving the Commission different options in size, construc- tion cost and financing, including Mr. Collins' proposal, scaled down from his standpoint. At this point, the time being 7:30 P.M., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. PUBLIC HEARINGS 10.A. Ordinance No. 25-93. Ordinance No. 25-93, rezoning a portion of the Congress Park South property from PCC (Planned Commerce Center zone district to LI (Light Industrial) zone district, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recommends approv- al. Prior to consideration of passage of this ordinance on Second and FINAL ~eading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 25-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT, SAID LAND BEING LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN ATLANTIC AVENUE AND LOWSON BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -11- 4/13/93 (Copy of Ordinance No. 25-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 25-93 on Second and FINAL Reading, 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. Before roll call Dr. Alperin commented that the only significant concern he heard was that of increased truck traffic, so in approving this, he would request that during site plan review staff would make this a major concern. Mayor Lynch asked that the record should duly note that the traffic should be an issue of concern. At this time the roll was called to the motion. 10.B. Ordin~n¢9 NO. 32-93. Ordinance No. 32-93, amending the Land Development Regulations by modifying Section 4.4.26(C)(4), "Accessory Use and Structures Permitted" to clarify the type of retailing and the amount of floor area which may be devoted to retail use; and, amending Subsection 4.3o4(K), "Development Standards Matrix" to provide for a reduction in lot frontage from 100 feet to zero in the LI (Light Industrial) zone district, is before the Commission for consideration on Second and FINAL Reading. 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. 32-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DIS- TRICT'', SUBSECTION 4.4.26(C), "ACCESSORY USE AND STRUCTURES PERMITTED", SUBPARAGRAPH (4), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE TYPE OF RE- TAILING AND THE AMOUNT OF FLOOR AREA WHICH MAY BE DEVOTED TO RETAIL USE; AMENDING SEC- TION 4.3.4(K), "DEVELOPMENT STANDARDS MA- TRIX", TO PROVIDE FOR A REDUCTION IN THE LOT FRONTAGE REQUIREMENT FOR THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A SAVING CLAUSE, A -12- 4/13/93 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 32-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 32-93 on Second and FINAL Reading, 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. 10,C, Proposal for ~h~ $~le of Real PrQperty. The Commission is to consider a proposal with regard to selling the north 5.5 feet of the Cason Cottage Lot. A ~public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for 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. 10.D, Resolution No. 38-93/Acquisition of Real Property, Resolution No. 38-93, authorizing the purchase of certain real property located at 418 S.W. 3rd Avenue and accepting the con- tract stating the terms and conditions for the sale and purchase between the sellers and the City, is before the Commission for consideration. The City Manager presented Resolution No. 38-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 418 S.W. 3RD AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 38-93 is on file in the offi- cial Resolution Book) -13- 4/13/93 A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 38-93, 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. 10.E. Waiver of City Ordinances. The Commission is to con- sider waiving certain provisions of the Code of Ordinances and Land Development Regulations in conjunction with the Delray Affair. Prior to consideration of passage of this waiver, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. ~Dr. Alperin~ moved approval of the waivers for the Delray Affair, seconded by Mrs. Smith. Upon roll call the Com- mission 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. 10.F. Ordinanc~ NO. 30-93. Ordinance No. 30-93, amending the Land Development Regulations by modifying Section 4.6.16(f)(3), "Irrigation Design Standards" to require the installation of rust inhibiting systems with new irrigations systems (excluding single family residents) and the use of rain sensing devices on all new irrigation systems and modification to existing systems, is before the Commission for consideration on Second and FINAL Reading. 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. 30-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(F)(3), "IRRIGATION DESIGN STANDARDS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE REQUIRE- MENTS FOR THE USE OF RUST INHIBITOR EQUIPMENT AND RAIN SENSING DEVICES FOR IRRIGATION SYSTEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -14- 4/13/93 Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 30-93 on Second and FINAL 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. 10,~ Ordinance No. 26-93. Ordinance No. 26-93, amending the Land Development Regulations by modifying Section 2.4.3 (D), "Preliminary Engineering Plans", to include surface water (drain- age) calculations as a submission requirement of the site plan review process, is before the Commission for consideration on Second and FINAL Reading. 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. 26-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(D), "PRELIMINARY ENGINEERING PLANS" OF THE LAND DEVELOPMENT REGULATIONS OF TH~ CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE RE- QUIREMENTS ASSOCIATED WITH PRELIMINARY ENGI- NEERING PLANS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 26-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 26-93 on Second and FINAL 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. iO.H. Qrdinanc~ NQ, 27-93. Ordinance No. 27-93, amending the Land Development Regulations by modifying Sections 2.4.5(I)(a) and (b), "Architectural (Appearance) Elevations", to require Site -15- 4/13/93 Plan Review and Appearance Board or Historic Preservation Board approval of color changes to structures or elevations, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning 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. 27-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(I), "ARCHITECTURAL (APPEARANCE) ELEVATIONS" SUBPARAGRAPH (1), "RULES", OF THE LAND DE%ELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE SPECIFIC LANGUAGE REQUIR- ING BOARD APPROVAL OF A CHANGE IN EXTERIOR COLOR TO A BUILDING OR STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 27-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 27-93 on Second and FINAL Reading, 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. 10.I. Ordinance NO. 31-93. Ordinance No. 31-93, amending the Land Development Regulations by modifying Section 6.1.10(B)(2)(d) to bring the City's fire flow standards into conformance with those currently accepted by the Insurance Service Office, is before the Commission for consideration on Second and FINAL Reading. 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. 31-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.1.10, "WATER SYSTEM", SUBSECTION 6.1.10(B)(2), "FIRE PROTECTION PROVISIONS" SUBPARAGRAPH (d), OF THE LAND DEVELOPMEN~ REGULATIONS OF THE CODE OF ORDINANCES OF THE -16- 4/13/93 CITY OF DELRAy BEACH, FLORIDA, TO PROVIDE FOR A NEW STANDARD REGARDING FIRE FLOW REQUIRE- MENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 31-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 31-93 on Second and FINAL Reading, 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,J. Ordinance NO. 29-93. Ordinance No. 29-93, amending the Land Development Regulations by modifying Sections 4.4.10 "Auto- motive Commercial (AC) District, Subsections (G) and (H) to provide for the transfer of authority for certain specific waiv- ers from the Planning and Zoning Board to the Site Plan Review and Appearance Board, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recom- mends approval. 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. 29-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DIS- TRICT'', SUBSECTIONS (G) AND (H), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE TRANSFER OF AUTHORITY FOR WAIVERS TO CERTAIN DISTRICT REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 29-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the -17- 4/13/93 Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 29-93 on Second and FINAL Reading, 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. 11. Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's Response to Prior Public Comments and Inquiries. ll.A,1. The City Manager stated correspondence has been re- ceived from the County with regard to the Catherine Strong Center and the maintenance of the facility. The center is leased to the County for the purpose of ~erati~g a Head Start center. The County has had this lease since prior to 1985 and the lease was recently renewed for a period of one year with an automatic renewal for six successive one-year periods. It is anticipated that at some time during the term of the lease, Carver School will move and .the ~Head-Start program will most likely move into some of the facilities now being used by Carver. The Center would then become available to the City for programming in other ways. In return for the lease that was recently negotiated with the County, the 10 acres of property on which the Catherine Strong Center sits, which is owned by Palm Beach County, has been leased to the City for a 50 year period for recreational purpos- es. Eventually, the City expects to get the Center back for a 50 year period and would have the opportunity to program it for recreation purposes as has been anticipated in the Comprehensive Plan and other documents. ll.B. From the Public. ll,B,2, Helen Coopersmi~h, 1222-D South Drive Way, questioned if the Catherine Strong Center can be used now that the City is trying to get the Boys and Girls Club of Palm Beach into the City. The City Manager responded the idea that has been dis- cussed is when the Head-Start moves out of the Catherine Strong Center and the County lets the lease expire, then the City can make the facility available to the Boys and Girls Club. At this point the City does not know exactly when that will be. Mayor Lynch interjected that Head-Start is ready to move as soon as the school is finished and the school moves out of Carver. It is all contingent on the school. ll,B.1. Jerry Marshall, Woodlake, stated the corner of Linton Boulevard and Military Trail has a turning light going left on to Military Trail which lasts long enough for about five cars to go through. Generally there are about 14 or 15 cars backed up. Mr. Marshall asked if there is any possibility of getting the light -18- 4/13/93 adjusted so that it would give a longer time to make a turn, going south on Military Trail from Linton Boulevard. The City Manager responded this item will be taken up with the County. The County has been fairly responsive in ad- dressing problems of this sort. Mr. Randolph requested the Manager also have the County check on the light at 10th and Atlantic Avenue. ll.B,2. Rosalind Murray, Village Drive, stated she was speaking on behalf of the citizens of WAPOA, who are very concerned about the proposed changes that the Neighborhood Task Team is going to be presenting to the Commission next week. She is a member of the Task Team and feels strongly that some of the changes pro- posed are going to effect people who have low incomes and are disadvantaged disproportionately. She would hope the Commission, when they have their workshop meeting next week, sincerely review and give a lot of consideration to the people in the neighbor- hoods who are worried about losing their property. In response, the City Manager stated there is a heavy ~agenda next week. He is looking at possibly moving the Neighbor- hood Task Team item forward two weeks to the May worksession. ll,B.3. Jerry Marshall, Woodlake, stated on the question of the "S" School, next Wednesday, April 21, 1993 at 6:00 P.M., the "S" School debate is going to take place at the School Board. From what he understands, there are two or more possible locations for the "S" School. It is important that the City be represented in number, at the meeting. He understands that Dr. Alperin will be there. Perhaps the Mayor should be there to speak in favor of a location that will be the best for the City. He thinks Blood's is offering a piece of land as well as Dr. Taharee. If the school is built on this property, there is a possibility of getting housing built around the school, which would make it a viable location for young families to move into. It would also be a very big enhancement for the City and could create a whole new world in the City. It would help break down discrimination and segregation, because some kids could be broken away from Pinegrove into School "S". Also, the people who have been talking Delray Beach down need to be challenged. Something needs to be done to start talking about Delray as a very viable, All American City. People did not want to come to the Tennis Center because they are afraid of the neighborhood. It is an unfortunate thing that this kind of reputation has spread all the way to Tequesta and Jupiter. The neighborhood is perfectly good, as good a neighborhood as any in the City. He thinks the people should start doing a little propagandizing as to what kind of City we truly have. ll.B.4, Dick Eckerlg, Woodlake, stated he would like another signal light checked on Homewood Boulevard. Another issue he -19- 4/13/93 would like checked is the redevelopment of West Atlantic Avenue, which was supposed to go out for bids in June and has been changed to December. He thinks if the City persists that the County could include a turn lane at Homewood, to alleviate the problem of traffic backing up as it does now at various times. ll.B,5. Verna Cook, President, National Black Police Associa- tion - Guardians of South Florida, stated she had several items to address. 1. There was an article in the newspaper regarding a $250.00 daily fine of a citizen who does not comply with City code enforcement regulations. This is a financial burden to tax payers. Even if $250.00 was a weekly fine, in one month a tax payer would owe an additional $1,000.00 a month to their regular budget. She requested, respectfully, that this not be assessed to the citizens. She recommended that a smaller fine be as- sessed. Additionally, she recommended that the Commission fine the drug dealers who are standing out on the corners $250.00 a day. 2. Approximately two years ago her organization submitted to the City Manager and the Commission a five year plan for the Police Department. Some of the proposals of that five year plan have been put into action and she hopes that the rest are being worked on. Six proposals were submitted to the City of Delray Beach from the United States Department of Justice and only one has been acted on. She requested that the other five proposals be acted on. ll.B.6. Lashina Gurumo, 200 N.W. 2nd Street, stated there is a drainage problem near Spady and N.W. 10th Avenue. Every time there is a heavy rain, you can not get in your car. In response to a question from Mayor Lynch, the City Manager stated the drainage pipe which was installed did not go anywhere and that is why it flooded in November and one other time. He was under the impression that the last rain drained because the retention area was put in; it is not yet finished, but water is flowing into it. A connection has been made at the northeast corner of Pompey Park where the street had to be dug up to connect to lines so there would be drainage. The City Engi- neer was directed to speak with Ms. Gurumo in order to get the information needed to investigate her concern further. ll.B.7. Diana Brown, Sunrise, Florida, stated she was before the Commission earlier with some questions she thought the City Manager would address. Since she has not received any response, she is here on behalf of the Cooks. As of today's date, the matter between Officer James Cook and the City of Delray Beach Police Department has not been resolved. She is here asking that the matter be resolved, that the City Commission issue a direc- tive to the Chief of Police and the City Manager requesting that this matter be resolved as soon as possible. Mr. Cook has been -20- 4/13/93 out of work approximately 30 days, has a family, kids in college and needs to work. The City Manager responded that Mr. Cook is being paid; he is on leave with pay. Ms. Brown stated Mr. Cook has to stay in the house and cannot go out. The City Manager responded he is being paid and must remain available. ll,B,8, Arthur Jackel, 784 N.W. 25th Avenue, spoke with regard to the image of the City. He referred in particular to the news article regarding Pompey Park. A citizens group charged that Pompey Park was not getting the proper attention. He has known Joe Weldon, Director of Parks and Recreation, for many years, and he is a good man and an excellent administrator. He felt that the City Manager or Commission should have responded to this issue and requested that the Commission come out with a statement defending the handling of Pompey Park. FIRST READINGS 12,A. Ordinance No. 33-93. Ordinance No. 33-93, amending the Code of Ordinances to provide that service authorizations under a continuing contract which refer to a separate and distinct project under $10,000 may be entered into by the City Manager without City Commission review, acceptance, approval or separate award, is before the Commission for consideration on First Read- ing. If passed, public hearing will be held April 27th. The City Manager presented Ordinance No. 33-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS" SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS", SECTION 36.16, "CHANGE ORDERS OR CONTRACT MODIFICA- TIONS; NONCONSTRUCTION", SUBSECTION 36.12(B), AND SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE THAT SERVICE AUTHORIZATIONS UNDER A CONTINUING CONTRACT WHICH REFER TO A SEPARATE AND DISTINCT PROJECT UNDER $10,000 MAY BE ENTERED INTO BY THE CITY MANAGER WITHOUT CITY COMMISSION REVIEW, ACCEPTANCE, APPROVAL OR SEPARATE AWARD; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. The City Manager stated the way this question has been discussed before, under the purchasing ordinance, the City Manag- -21- 4/13/93 er has the authority to approve up to $10,000. The way that has been applied to consulting contracts, for example a surveyor, is that a survey can be ordered for three or four different proper- ties, all of which are under $10,000. However, when the total amount that has been awarded to that contractor reaches the $10,000 figure, it is necessary to go before the Commission for approval of each additional survey, even though they typically run between $2,000 to $5,000 each. The question is, should those kinds of projects be brought to the Commission individually. Assistant City Attorney Ruby advised that this particu- lar ordinance applies only to service authorizations and consul- tants contracts, not the change order scenarios, in the sense of a construction contract. Mayor Lynch questioned if an item could be included in the ordinance to the effect that this be reviewed and discussed on an annual basis. Dr. Alperin moved for the adoption of Ordinance No. 33-93 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. Ordinance NQ, 34-93. Ordinance No. 34-93, amending the Code of Ordinances to provide clarification that the City Manager or his designee may execute certain contracts regarding the acquisition of personal property, supplies, contractual services, change orders, service authorizations and modifications thereof in instances where by ordinance a public hearing or review, award, selection or approval by the City Commission is not re- quired, is before the Commission for consideration on First Reading. If passed, public hearing will be held April 27th. The City Manager presented Ordinance No. 34-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'' SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY RELETTERING THE FIRST PARAGRAPH SUBSECTION (A) AND BY ENACTING A NEW SUBSECTION 36.01(B), TO PROVIDE CLARIFICATION THAT THE CITY MANAGER OR HIS DESIGNEE MAY EXECUTE CERTAIN CONTRACTS REGARDING THE ACQUISITION OF PERSONAL PROPERTY, SUPPLIES, CONTRACTUAL SERVICES, CHANGE ORDERS, SERVICE AUTHORIZA- TIONS AND MODIFICATIONS THEREOF IN INSTANCES WHERE BY ORDINANCE A PUBLIC HEARING OR RE- VIEW, AWARD, SELECTION OR APPROVAL BY THE CITY COMMISSION IS NOT REQUIRED; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. -22- 4/13/93 Assistant City Attorney Ruby read the caption of the ordinance. The City Manager stated this will include small change orders wherein the total amount has not exceeded the $10,000 limit. All contracts are reviewed by the City Attorney to ensure that the City is not being placed in any type of legal jeopardy, but the Manager's authority needs to be clarified in order to sign off and execute them on behalf of the City. Discussion followed. Dr. Alperin moved for the adoption of Ordinance No. 34-93 on First Reading, 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. 12,C. 0rdinan¢~ NO. 35-93. Ordinance No. 35-93, amending the Land Development Regulations to delete the reference to Stormwater Management and amending the Code of Ordinances to provide for the payment and collection of Stormwater Management Assessments under the interim and uniform method of collection, is before the Commission for consideration on First Reading. If passed, public hearing will be held April 27th. The City Manager presented Ordinance No. 35-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION OF PRO- GRAMS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SEC- TION 8.4.16, "STORMWATER MANAGEMENT ASSESS- MENTS'' AND BY AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 56, "STORMWATER", SECTION 56.19, "STORMWATER MANAGEMENT ASSESSMENT LIEN", BY RENAMING THE SECTION "STORMWATER ASSESSMENT LIENS; ENFORCEMENT" BY AMENDING SECTION 56.19(A) TO PROVIDE ~OR ENFORCEMENT OF DELIN- QUENT LIENS, BY AMENDING SECTION 56.21, "INTERIM METHOD OF COLLECTION" AND BY AMEND- ING SECTION 56.22, "UNIFORM METHOD OF COLLEC- TION'' BY ADDING SUBSECTIONS E, F AND G TO PROVIDE FOR THE PAYMENT AND COLLECTION OF STORMWATER MANAGEMENT ASSESSMENTS UNDER THE INTERIM AND UNIFORM METHOD OF COLLECTION RESPECTIVELY, BY ENACTING A NEW SECTION 56.23, "STORMWATER ASSESSMENT PROCESS" TO PROVIDE FOR A PUBLIC HEARING FOR THE PURPOSE OF ESTABLISHING A BUDGET, ADOPTING RATES AND FOR THE PREPARATION, CERTIFICATION AND ADOP- TION OF A STORMWATER ASSESSMENT ROLL, AND TO -23- 4/13/93 PROVIDE THAT INDIVIDUAL NOTICES TO PROPERTY OWNERS ARE NOT REQUIRED EXCEPT IN INSTANCES WHERE IT IS MANDATED BY STATE LAW, AND BY RENUMBERING FORMER SECTIONS 56.23, 56.24, 56.25; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 35-93 on First 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. Before roll call, the following discussion was had: Dr. Alperin questioned if there is an update for the stormwater takeover for the condominiums. The City Manager responded that staff is working with one or two of them. To date, there has ~been no response from the condominium associa- tions, so it will be up to them. Mayor Lynch requested that the City Clerk review the minutes and provide copies as to exactly what the Commission approved earlier. At this point the roll was called to the motion. 12.D. Ordinanc~ NO, 36-93. Ordinance No. 36-93, rezoning and placing land presently zoned CBD (Central Business District) in CF (Community Facilities) district, said land being located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street, in conjunction with the In-Line Booster Station project, is before the Commission for consideration on First Reading. If passed public hearing will be held April 27th. The City Manager presented Ordinance No. 36-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF (COMMUNITY FACILI- TIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE AND N.E. 3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA; 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. -24- 4/13/93 Dr. Alperin moved for the adoption of Ordinance No. 36-93 on First Reading, 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. At this time the Commission returned to the Regular Agenda. 9,I, Service Authorization No. ll/Hazen and Sawyer. The Commission is to consider a service authorization in the amount of $33,338 to the contract with Hazen and Sawyer for consulting services to design Lift Station 57B located at the Municipal Golf Course and the sanitary sewer at the northeast corner of Highland and Homewood Boulevards; with funding from 1991 Water and Sewer Revenue Bond - Enclave Water/Sanitary Sewer Phase II - Engineer- ing/Architect (Account No. 447-5175-536-31.30); pending budget transfer from Enclave Water/Sanitary Sewer Phase II - Buildings (Account No. 447-5175-536-60.31). City Manager recommends ap- proval. The City Manager stated this is the lift station in front of the golf course clubhouse that would be relocated, deepened and enlarged. The sanitary sewer would also be extended to serve fourteen additional homes, as a part of this project in order to remove all septic tanks from the wellfields. Upon question by Mayor Lynch, Mr. Greenwood, Environ- mental Services Director, stated that in the 1991 Bond Issue monies are reserved for this particular project. Upon question if the City might be doing some of the design work in- house in the future, the City Manager responded that it will depend on the volume. Mr. Randolph moved for approval of Service Authoriza- tion No. 11 to the contract with Hazen and Sawyer in the amount of $33,338, 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. 9,J. Service Authorization No. 9/O'Brien. Suiter and O'Brien. The Commission is to consider a service authorization in the amount of $9,000 to the contract with O'Brien, Suiter and O'Brien, Inc. for surveying service in conjunction with the Brandon Drive water and sewer extension project, with funding from Water and Sewer Fund Project Reserves (Account No. 441-5181-536-99.01). Account No. 441-5181-536-69.12 will be established for Brandon Drive project. City Manager recommends approval. Dr. Alperin moved for approval of Service Authorization No. 9 to O'Brien, Suiter and O'Brien, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - -25- 4/13/93 Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.K. Change Order No. 3/J.W.Ro Construction Services. The Commission is to consider a change order in the amount of $12,938.06 to the contract with J.W.R. Construction Services for miscellaneous changes to the Fire Station No. 5 project, with funding from 1992 Bond Anticipation Note - Fire Station No. 5 (Account No. 227-2311-522-61.57). City Manager recommends ap- proval. The City Manager stated the proposed changes include relocation of a tamper switch from the inside to the exterior of the building, installation of underground conduit for a traffic control signal, which the County plans to install in a couple of months, and installation of roof gutters. Mayor Lynch expressed concern, stating he would prefer a design that was the "ultimate" and then if the City decides it is too expensive, cuts can then be considered. Mayor Lynch questioned if a budget is given regarding what the City would like to have designed. The City Manager responded that on Bond Issue projects there is a budget. Mayor Lynch asked, on a regu- lar routine, when it is not a Bond issue, if there is a budget amount set. The City Manager commented that there is usually an amount set in the Capital Budget. Mayor Lynch suggested that the engineer or the consul- tants submit their design and recommend what they feel should be done if the budget can be extended, as opposed to returning at a later date and requesting approval for change orders. He would prefer having that choice up front. Dr. Alperin moved for approval of Change Order No. 3, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 9,L, Change Order No. 3/Dees Contracting. In~, The Commis- sion is to consider a change order to the contract with Dees Contracting, Inc. which extends the contract completion date to April 12, 1993 for the Elevated Storage Tank Rehabilitation Project. City Manager recommends approval. Mr. Greenwood stated this project is a sour project. The contractor has not met his particular deadlines, has not been what he classifies as cooperative, has requested permission to work on weekends and has not performed the work on weekends that he had requested at a time when the inspectors were available. Post Buckley pulled their inspector off the job at the close of business tonight. The project is approximately 50% complete at this time. There is a penalty clause in the contract. -26- 4/13/93 The request tonight is to approve the change order request to April 12, realizing the problem is still there and there will be potential in-house negotiation, bonding, arbitra- tion or some other type of action being taken. The contractor had a legitimate claim for a time extension to April 12, 1993. Upon question, Assistant City Attorney Ruby stated she would prefer not to have the extension, in order to have more bargaining room. Mr. Randolph moved for denial of Change Order No. 3 with Dees Contracting, Inc., 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,M, Settl~men~ Offer/Hollis v. City of Delray Beach. The Commission is to consider a settlement offer in the amount of $27,500 which includes all costs and attorney's fees in the Hollis v. City of Delray Beach matter. City Attorney recommends acceptance. Dr. Alperin moved for approval of the settlement in the amount of $27,500, 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. 9.N. Appointment of an Algernon9 M~m~r ~Q the Civil Service Board. The City Commission is to consider appointing a member to the alternate position on the Civil Service Board to a term ending July 1, 1994. Mayor Lynch requested that someone recommend Armand Mouw on his behalf, as it is his appointment. Dr. Alperin moved to appoint Armand Mouw as a member to the alternate position on 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. 9.0. Appointment of City Attorney, The City Commission is to consider appointment of a City Attorney and terms of employ- ment. Mayor Lynch stated Dr. Alperin was requested, on behalf of the Commission, to negotiate with Susan Ruby. The Commission has come to an agreement and, included in the agreement, is a recommendation for David Tolces. For the benefit of the citi- zens, the Commission has concurred in not hiring another attorney at this time, but this will be reviewed in October of 1993. Susan Ruby will be hired as the City Attorney, with an annual -27- 4/13/93 salary of $69,000 and David Tolces will continue as the Assistant City Attorney, with a salary increase of approximately ten per- cent (10%) raising his salary to $43,000. Dr. Alperin moved approval of the agreement, as pre- sented, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion 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.O.1. Retention of Outside Counsel, The Commission is to consider retaining Jeffrey Kurtz as outside counsel for certain outstanding cases. Upon question by Mayor Lynch, the City Attorney re- sponded that there are a couple of cases going to trial soon and, it is her recommendation, that former City Attorney Kurtz be retained as outside counsel. Upon a request from Mayor Lynch, the City Attorney stated she would provide an estimated cost of each of the cases that Attorney Kurtz will be handling. Mr. Randolph also requested information on any additional counsel that may represent the City, along with the basic amount that will be charged. Mr. Ellingsworth moved for approval of Item No. 9.O.1., 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.P. Review and Discussion Regarding Goal Setting Sessions. The Commission is to consider review of Steps 1 and 2 of the goal setting process and providing staff with direction in preparing an interim Goal Setting document. David Kovacs, Planning Director, stated he would like to take the Commission through the process he did. He combined all the Commission homework and categories and listed them, which totaled 18 items. He then proceeded to outline the entire proce- dure for the Commission. Mayor Lynch requested a list of all the items that came out of the Town Meeting. Mr. Kovacs stated he could provide him with that list. Mr. Kovacs stated he would like the Commission to review this and return to the worksession with specific questions that will be considered, at which time it will be presented to the City Manager. The City Manager will then input this informa- tion, plus the Capital Improvement program, the budget limita- tions and restrictions, financial inputs and it is time for the budget work. As the City Manager works through the budget system with the Commission, some of it will probably be deleted and then be rewritten prior to the budget being adopted. -28- 4/13/93 Mayor Lynch questioned if Mr. Kovacs would like the Commission to give direction for a short term program or after short term. The City Manager responded that he would like it to be short term (next year's budget). Mayor Lynch recommended that if the Commission does not specify next year's budget, that the City Manager should fit it in where he feels it is practical, from a budget standpoint. Mr. Kovacs stated this will be given to the department heads tomorrow with basic instructions to determine if this can be lived with; if there is something that is factually wrong, it should be noted. Mr. Kovacs also advised that there are things included that the administration is presently doing that the Commission is unaware of. He feels the message to the administration is that communication is not as good as it could be. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Dr. Alperin stated, in response to Mr. Jackel's com- ments, he did pick up Mr. Weldon's response and, not being at the meeting, he did not feel he had a concept or understanding of what happened other than what Mr. Weldon reported. In reading Mr. Weldon's response, he felt that there was no need to say anything; he felt it was an excellent response. 13.A.2. Dr. Alperin stated he was curious about the people who come out and represent organizations. He thinks the Commission should know who they are. One that is stirring up some interest- ing concern in the community is PEACE. He would like to know who their members are and where they live. Credibility to their complaints, in his mind, depends on who they are. In response, Mrs. Smith stated she does know a little about PEACE. It is a group which has been established up in Riviera Beach. The Guardians are a part of it, and they are also heavily into church representation. They are trying to organize in Delray Beach now, and as far as she knows, there is no organ- ization, yet, in the City that is part of PEACE. 13.A.3. Dr. Alperin stated the Commission should keep in mind that Thursday is the South Central Regional Wastewater Treatment and Disposal Board Meeting. His term as chairman is expired. The Commission will need to keep in mind who will be appointed. A representative from Boynton Beach will be chairman for the next year and Delray will have the vice-chair position. 13.A.4~ Commissioner Smith asked if there will be another town meeting, stating it is a great way to get the public involved away from the Chamber. -29- 4/13/93 In response, the Mayor stated when it was originally set up, it was his intention to hold a town meeting at least once a year, possibly twice, depending on the need of the Community. It can be looked at again, at a later date. During the goal setting, might be an ideal time to let the community know where the Commission is going and give some input at that time or perhaps before the process is finished. 13.A.5. Commissioner Ellingsworth stated one of the City's previous Mayors, Marshall DeWitt, passed away last night. He did not know if it was customary for the City to send some type of recognition note to the family or if there is a policy concerning this. The consensus was to put something together and have the Commission sign it. ~.3.A.6. Commissioner Randolph stated he felt the Commission was placing too much emphasis on some the groups which come before the Commission. He is more concerned about the people who call him at his residence with very, very hateful comments. But, he does not bring that before the Commission because he deals with it. 13.A.7. The Mayor congratulated Jeff Kurtz again. Secondly, he stated that with the Commission's approval he would like to send a letter to Sam McGee, Delray Beach Center for Technology Enter- prise and Development, Inc. in support of Mr. McGee's model block concept and proposed business incubator center. The Com- mission consensus was to forward the letter. 13.A.8. The Mayor stated there is a program on government April 23rd and 24th at the Omni Hotel. However, this is the day the Commission is supposed to paint a house and he will be par- ticipating in the painting. If anyone wants to attend, there is still some room left. Mayor Lynch has the telepone number of Margo Roberts, Mayor of South Palm Beach. I$.B,1, Susan Ruby, thanked the Commission for appointing her as City Attorney. .~3.C.1. The City Manager stated there were a couple of inqui- ries at the last meeting that he wants to respond to. 1. The Commission already received in writing from David Tolces a memo regarding billboards within the City. Basi- cally, he said that Atlantic Avenue, U.S. 1 and 1-95 are all federal primary highways, so they come under federal law which would require the City to buy the billboards in order to remove them. It would be very expensive. He had no idea Atlantic Avenue was included in that group. 2. The City Manager stated Dr. Alperin had raised a question about two code enforcement liens, one in the amount of $16,000 and one, $2,700. The first lien is a case that goes back to a Board Order issued December 13, 1992. The property owner -30- 4/13/93 was given 30 days to correct plumbing and building code items. The Board assessed a fine of $200.00 per day. Final action was recorded on March 9, 1993 for 83 days of non-compliance. The house has since been abandoned and foreclosed on by Great Western Bank. The lien was filed after foreclosure had commenced; the City Attorney has advised a release of this lien is appropriate in conjunction with the foreclosure action. The second lien, goes back to a board order of September 15, 1992; the owner was given 60 days to correct building and plumbing code problems. The Board assessed a fine of $25 a week. The lien was recorded on March 9, 1993 for 111 days of non-compliance. The owner requested a re-hearing which was scheduled for earlier today. 13.C.2. The City Manager stated there has been a lot of public- ity about Pompey Park. Pompey, like a lot of the City's physical facilities, has been neglected over the years. He has asked staff when the last time the tennis courts were resurfaced out there. As far as staff can tell it has been approximately 12 years. The roofs leak at Pompey Park, the Community Center, City Hall, the Police Department, and the Golf Course. He is con- cerned about Pompey Park because the leakage has been going on for a long time and he is afraid that some of the beams support- ing the airconditioning systems could be weakened. He will be coming to the Commission with something on that within the next few weeks. The pool is open and operating satisfactorily. The Health Department has inspected the pool twice and found it to be in compliance and safe. Staff is continuing to work towards the resurfacing of the tennis courts and the basketball court. Two questions have come up, the tennis players at Pompey Park have pointed out that the space between the outside line of the court and the fence is less than what USTA recommends. It is a hazard if you are running to catch a ball that is close to the line. Staff is looking at the possibility of enlarging the tennis courts; also the two basketball courts, to make them more regula- tion size. The other problem is the way the tennis and basketball courts were constructed; they are absolutely flat, so water stands on them which is part of the problem. The surface on the basketball court in particular is deteriorated badly. Staff is looking at what it would cost to put appropriate cross-slopes on those facilities so that they will drain and stand up better in the future. Engineering staff has come up with four alterna- tives. The City Manager has asked them to pursue two of those alternatives and to get them into shape to go out to bid. He expects to have them at that point in two weeks. Money was put in the budget to resurface the courts, to do more than that will cost additional money. He will be looking for those funds. 13~C,3, The City Manager stated he would not be attending the worksession on April 20, 1993. He and Chief Koen will be going to the National Fire Academy in Emmitsburg, Maryland for a three -31- 4/13/93