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06-08-93 JUNE 8, 1995 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 6:00 P.M., Tuesday, June 8, 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 City Attorney Susan A.Ruby The opening prayer was delivered by Pastor Timothy Harden, Barwick Road Baptist Church. 3.. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. Mrs. Smith requested Item 8.K. on the Consent Agenda (Request for Final Payment/Gateway Construction Company, Inc.) be moved to the Regular Agenda as Item 9.AA., and that Item 8.0.3. (Bid Award for Rental Rehabilitation) be moved to the Regular Agenda as Item 9.AAAo The City Manager requested Item 8.0.4. on the Consent Agenda (Bid Award for Bond Services) be moved to the Regular Agenda as Item 9.AAAA. Mrs. Smith also requested that consideration of Item 9.D., Resolution No. 55-93, be moved toward the end of the Regu- lar Agenda or until such time during the meeting that the parties involved arrive at the meeting. Mr. Randolph moved for approval of the agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission 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 May 25, 1993, 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. 6. Proclamations: 6,A. Mayor Lynch read and presented a proclamation recogniz- ing Ivan Retzignac, President of the Senior Class of Atlantic High School, for his academic achievements and positive contribu- tions to the City of Delray Beach. Mr. Retzignac read the speech he made at the dedication of the Freedom Shrine, defining his definition of what freedom means to him. 7. Presentations: 7,A, V~tgr~n$ Park Playqround Committee - Status Report. Pam Post, Special Events Coordinator, Parks and Recrea- tion Department, announced that she is the co-coordinator for the Veterans Park Playground project. She commented that over 100 people have signed on and committed to this project. She gave a brief explanation of the many committees and categories formed in order to ensure a smooth operation. Sue Ellen Clagett, a second co-coordinator, requested the Commission to allocate $10,000 to the Veteran's Park Playground, in return for one of the most fabulous play structures ever seen. Upon question by Mayor Lynch, the City Manager stated there is money in the Veterans Park project budget that can be allocated for this purpose. It was the unanimous consensus of the Commission to support the request for funding, with direction to place the item on the next available agenda for formal ratification. Mayor Lynch read and presented a proclamation proclaim- ing the week of August 16 through 20, 1993, as "Water and Pollu- tion Control Operators Week". Don Haley, Superintendent of the Water Treatment Plant, came forward to accept the proclamation on behalf of the operators. 8. Consent Agenda: City Manager recommends approval. 8,A, AGREEMENT WITH PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY: Approve an agreement with Palm Beach County Cellular Telephone Company which provides for the placement of nine cellu- lar antennas on the City's elevated water storage tank located at 434 S. Swinton for a five year period. 8.B. REVISED WATER SERVICE AGREEMENT/DISCOUNT AUTO PARTS: Consider a revised water service agreement with Discount Auto Parts located on West Atlantic Avenue and Medical Center Drive. 8.C. ~ADDENDUM TO THE AGREEMENT WITH THE PALM BEACH COUNTY PROPERTY. APPRAISER'S OFFICE: Approve an addendum to the agree- -2- 6/8/93 ment with the Palm Beach Property Appraiser's Office which elimi- nates the need for the City to pay certain costs associated with the collection of non ad valorem taxes in conjunction with House Bill 1637. 8.D. AGREEMENT WITH PALM BEACH COUNTY FOR JOINT PROJECT PARTICIPATION: Consider an agreement between the City and Palm Beach County for joint project participation in the construction of a 24" raw water main within the right-of-way of Linton Boule- vard from Jog Road to Military Trail; and, the award of bid to Smith and Company in the amount of $591,472,50, with funding from Water and Sewer Fund - Water Mains (Account No. 441-5181-536-63.50). 8.E. AUTHORIZATION TO FILE A MOTION TO VACATE ARBITRATION AWARD: Authorize the City Attorney to file a Motion to Vacate the arbitration award with regard to Officer DiGiovanni. 8,F, APPOINTMENT OF OUTSIDE COUNSEL~ Appoint outside coun- sel to represent the City in the Verna Cook v. City of Delray Beach and James Cook v. City of Delray Beach matters. 8.G. SETTLEMENT OF ATTORNEY'S FEE$/AERO-DRI APPEALS: Ap- prove the payment of attorney's fees in the amount of $26,000 for full and complete settlement of attorney's fees and costs in- curred in defending the City in conjunction with the Aero-Dri Appeals. 8,H. WAIVER OF PERIMETER LANDSCAPE REQUIREMENTS; Approve a waiver of Section 4.6.16 (H)(3)(a) of the Land Development Regu- lations for the Mouw Office Building located at 409 N.E. 3rd Street. 8.I. REOUEST FOR FINAL PAYMENT/HAZEN AND SAWYER; Approve a request from Hazen and Sawyer for final payment in the amount of $2,377.80 for completion of the Operations and Maintenance Manual for the Miller Park Storage Tank project, with funding from Water and Sewer Fund - Miller Park Storage Tank - Engineering (Account No. 441-5181-536-69.01). 8,J, REOUEST FOR FINAL PAYMENT/MOLLOY BROTHERS, IN~,: Approve a request from Molloy Brothers, Inc. for final payment in the amount of $1,275 for completion of the Golf Cart Bridge Repair project, with funding from Golf Course - Other Improve- ments (Account No. 445-4761-572-63.90). REOUEST FOR FINAL PAYMENT/GATEWAY CONSTRUCTION COMPANy, INC.: MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. 8,L, RESQLUTION NO, 93-99; A resolution authorizing the Mayor and City Clerk to certify a survey of a portion of 8th Avenue. The caption of Resolution No. 53-93 is as follows: -3- 6/8/93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF 8TH AVENUE, RECITING THE FACT THAT RIGHT TITLE EASEMENT AND APPURTENANCES IN AND TO SUCH ROAD HAVE VESTED IN THE CiTY OF DELRAY BEACH, FLORIDA; DIRECT- ING THE CITY CLERK TO FILE SUCH A SURVEY IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 53-93 is on file in the offi- cial Resolution Book) RESOLUTION NOv 48-97: A resolution assessing costs for abatement action required to remove nuisances on 17 proper- ties throughout the City. The caption of Resolution No. 48-93 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) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 48-93 is on file in the offi- cial Resolution Book) RESOLUTION NO. 49-93~ A resolution assessing costs for abatement action required to remove nuisances on 16 proper- ties throughout the City. The caption of Resolution No. 49-93 is as follows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opy of Resolution No. 49-93 is on file in the offi- cial Resolution Book) 8,0. AWARD OF BIDS AND CONTRACTS: 1. Road Construction Materials - Streets Maintenance Division - various vendors in the estimated annual amounts indicated below, with funding from Streets Maintenance - Materials and Supplies - Road Repair (Account No. 001-3113-541-53.10) and Storm Water Utili- ty Fund - Road Materials and Supplies/Drainage Repairs (Account No. 448-5416-538-53.20): -Hardrives of Delray $14,290 -East Coast Asphalt 12,950 -Austin Tupler Trucking, Inc. 548 -Charles Whiteside 1,200 2. Ready Mix Concrete - Streets Maintenance Division - Rinker Material Corporation in the estimated annual amount of $11,700, with funding from Streets Mainte- nance - Materials and Supplies - Other Road Materials (Account No. 001-3113-541-53.90) and Storm Water Utili- ty Fund - Road Materials and Supplies/Drainage Repairs (Account No. 448-5416-538-53.20). 3. Rental Rehabilitation: MOVED TO THE REGULAR AGENDA AS ITEM 9.AAA. 4. Bond Services - 1993 Water and Sewer Revenue Bonds: MOVED TO THE REGULAR AGENDA AS ITEM 9.AAAA. Dr. Alperin moved approval of the Consent Agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission 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. Prior to roll call, City Attorney Ruby advised that with respect to Item 8.C., Addendum to the Agreement with the Palm Beach County Property Appraiser's Office, the addendum is correct in that there will not be costs imposed by the Property Appraiser's Office relative to stormwater management fee collec- tion. However, the Property Appraiser's Office has shifted this role to the County, so the City may see something coming from the -5- 6/8/93 County relative to certain costs which the City may have to bear in this regard. 9. Regular Agenda: ~.AA. (8,K.) REQUEST FOR FINA~ PAYMENT/GATEWAy CONSTRUCTION CQMPANY, INC.~ Approve a request for final payment in the amount of $12,209.38 from Gateway Construction Company, Inc. for comple- tion of the Water and Sewer to Former Enclaves (North Federal Highway) project; with funding from 1991 Revenue Bond Construc- tion - Buildings (Account No. 447-5167-536-60.31). Mrs. Smith inquired if this project is truly complete since it appears to her that there is work still to be done at the south corner of Allen Avenue and Federal Highway (i.e., paving appears to be unfinished). Ralph Hayden, City Engineer, stated that paving work was not included in the scope of this project; everything within the scope of the project has been completed. The City Manager advised that staff would take a look at the situation, but this particular contract has been completed by the contractor. Mrs. Smith moved for approval of the final payment to Gateway Construction Company, Inc., 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,AAA, (8,0,3,) AWARD QF BID~ Rental Rehabilitation - Vari- ous vendors in the total amount of $141,675; with funding from CDBG Housing Rehabilitation (Account No. 118-1975-554-34.65): MJD Construction Services - 11-27 S.W. 2nd Avenue - $107,520 Preston Construction - 315-317 N.W. 2nd Avenue - $34,155 Mrs. Smith clarified that her question had to do with the bid award to MJD Construction for rehab of the property at 11-27 S.W. 2nd Avenue. She inquired as to the timetable for acquisition of this property by the Community Redevelopment Agency in conjunc- tion with the Courthouse expansion, and if it is to be acquired, should the City be spending monies for rehabilitation? Lula Butler, Director of Community Improvement, advised that at the time Dr. Norris applied for this funding, a letter was sent to the CRA to let them know that application had been made since the city was aware the CRA had an interest in the property. It is her understanding that the CRA does not have a definitive answer on the actual date that they would want to acquire the property. Ms. Butler stated that from a Federal regulations standpoint, since the property is located in the target area and the units are substandard, if the applicant applies and his financial participation works out, she does not -6- 6/8/93 have a basis to deny participation. She further noted, for the record, that the actual rental rehab dollars going into this project are $53,000; the balance comes directly from the property owner. Kevin Egan, Chairman of the Community Redevelopment Agency, stated that the CRA does have an agreement with Palm Beach County regarding the expansion of the Courthouse. The CRA contacted the County since the Courthouse expansion was not in their current plan for 1996-97. A new agreement which may move up the date has recently been received by the CRA and is under review by counsel (Mr. Federspiel). Mr. Egan requested postpone- ment of the bid award until all of the information has been received and reviewed by the involved parties. On question from Dr. Alperin, Mr. Egan stated that if the new agreement is acceptable, the date for expansion would probably be moved up to the end of 1995; the earliest date for acquisition of the property by the CRA would be 1994. Dr. Virgil Norris, property owner, stated that he has gone through the necessary procedures to participate in the program and he is willing to do his share to bring the units up to city standards. There are people living in these units who deserve to have them fixed up and he would like to go ahead and get the work done. Discussion followed on the need to bring the units up to code, with the suggestion that the work write-ups be reviewed to evaluate the health and safety items which must be done and perhaps eliminate some items which are not absolutely essential. The Commission further directed staff to meet with CRA staff to get something definitive in terms of a time frame from the Coun- ty. Dr. Alperin moved to postpone consideration of the bid award to MJD Construction Services for rehabilitation of the property located at 11-27 S.W. 2nd Avenue to the June 22, 1993, regular meeting of the City Commission, 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. Dr. Alperin moved to approve the bid award to Preston Construction for rehabilitation of the property located at 315-317 N.W. 2nd Avenue, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.AAAA, (8.O.4~) AWARD OF BID: Bond Services - 1993 Water and Sewer Revenue Bonds - with funding from Bond proceeds: Printing - Allied Printing Inc. - $5,832 -7- 6/8/93 VerificationAgent - Causey, Demgen and Moore - $2,850 Escrow, Paying Agent/Registrar - First Union Bank - $9,282 The City Manager stated that he wished to discuss this item further with regard to the Escrow Agent/Paying Agent/Registrar. The low bid came from First Union Bank, with the second low bid coming from Nationsbank, and the difference between the two amounts to $126.00 per year. The reason the Finance Department had recommended staying with Nationsbank is because they have this function for the City's other refunding bond issues, and the Finance Department would like to have one bank handle all of them. The City Manager questioned if this was adequate reason not to award to the low bidder, and stated that he felt it was very important for the city to maintain the integrity of the bid process unless there is a good, substantial reason for not doing so. Discussion followed. Mr. Randolph moved to award the bid for Bond Services for the 1993 Water and Sewer Revenue Bonds as recommended by the City Manager (First Union Bank as low bidder for Escrow, Paying Agent/Registrar), seconded by Dr. Alperin. 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.A. RESOLUTION NO. 52-93: A resolution authorizing the acquisition of certain real property by the Delray Beach Communi- ty Redevelopment Agency by gift, purchase or eminent domain. City Manager recommends approval. The City Manager presented Resolution No. 52-93: 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. 52-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved approval of Resolution No. 52-93, 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,B, RESOLUTION NO. 50-93: A resolution authorizing the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue Bonds for the purpose of refunding a portion of the 1988 Water and. Sewer Refunding Revenue Bonds and a portion of the -8- 6/8/93 1991A Water and Sewer Revenue Bonds. City Manager recommends approval. The City Manager presented Resolution No. 50-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88 BY AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $30,000,000 WATER AND SEWER REFUNDING REVENUE BONDS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY'S WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1988, AND A PORTION OF ITS WATER AND SEWER REVENUE BONDS, SERIES 1991A, AND PROVIDING FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REFUNDING REVENUE BONDS, AND THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE WATER AND SEWER REFUNDING REVENUE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 50-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved approval of Resolution No. 50-93, 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. 9.C. RESOLUTION NO. 51-95: A resolution authorizing a second series of 1993 Water and Sewer Revenue Bonds, in the aggregate initial principal amount not exceeding $10,000,000 for the purpose of financing the costs of certain additions, exten- sions and improvements to the City's combined public utility. City Manager recommends approval. The City Manager presented Resolution No. 51-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 104-90, AS AMENDED AND SUPPLE- MENTED, FOR THE PURPOSE OF AUTHORIZING A SECOND SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 1993B, IN THE AGGREGATE INITIAL PRINCIPAL AMOUNT OF NOT EXCEEDING $10,000,000 FOR THE PURPOSE OF FINANCING THE COSTS OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVE- MENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS AND PAYMENT FOR SAID -9- 6/8/93 BONDS; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39-88 AND RESOLUTION NO. 104-90; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF SAID BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 51-93 is on file in the offi- cial Resolution Book) Mr. Steve Sanford, Bond Counsel, stated the reason for the two bond issues being adopted under separate resolutions even though they will be issued at the same time, is that in 1991, the City adopted a resolution for new money projects in an amount equal to $50,000,000 and it was validated before the Circuit Court. The City only issued $14,000,000 of the $50 million that was authorized, so it was decided that in order to give the City the protection of that validation, a supplemental resolution would be used to go under the basic terms of the resolution which was validated and issue the balance of the projects that were not originally financed with the 1991 proceeds. Dr. Alperin moved approval of Resolution No. 51-93, 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. At this time the Commission moved to the duly adver- tised Public Hearings portion of the agenda, the time being 7:05 p.m. PUBLIC HEARINGS 10.A. ORDINANCE NO.. 37-93: An ordinance amending Section 110.06, "Persons Not Required to Pay Full Fee", of the City's Code to provide an exemption for non-resident businesses from paying additional fees; and amending Section 110.15, "License Tax Schedule", by adding one new category. The City Manager presented Ordinance No. 37-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.06, "PERSONS NOT REQUIRED TO PAY FULL FEE", TO PROVIDE AN EXEMPTION FOR NON-RESIDENT BUSINESSES FROM PAYING ADDITIONAL FEES; BY AMENDING SECTION 110.15, "LICENSE TAX SCHEDULE", BY ADDING A NEW CATEGORY OF OCCUPATION- -lO- 6/8/93 AL LICENSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 37-93 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Ms. Ruby then stated that Ordinance No. 37-93 is actually before the Commission for consideration on first reading due to changes made to reflect the Commission's direction at the June 1, 1993, workshop meeting. Mayor Lynch opened the floor to public comment. No one from the audience wished to address this item. Dr. Alperin moved to adopt Ordinance No. 37-93, as amended, on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 10.B, QRDINANC$ NO. 38-93: An ordinance amending Chapter 33, "Police and Fire Departments", Section 33.68, "Supplemental Retirement Income and Minimum Benefit for Members Who Retired Prior to Certain Date", to provide a one-time five percent (5%) increase in benefit levels to current retirees and beneficiaries or persons who terminated employment prior to October 1, 1990, and began receiving benefits prior to the effective date of this ordinance; and to retroactively provide increases to certain beneficiaries. The City Manager presented Ordinance No. 38-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "PO- LICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.68, "SUP- PLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE", TO PROVIDE INCREASES IN BENEFIT LEVELS TO CURRENT RETIREES AND BENEFICIARIES OR PERSONS WHO TERMI- NATED EMPLOYMENT PRIOR TO OCTOBER 1, 1990, AND BEGAN RECEIVING BENEFITS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; TO RETROACTIVELY PROVIDE INCREASES TO CERTAIN BENEFICIARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 38-93 in on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Ms. Ruby then advised that the public hearing on this ordinance -11- 6/8/93 had been opened at the May 25, 1993, regular meeting and contin- ued to this date in order to allow for proper notifications to the State regarding actuarial impact statements. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. No one from the audience wished to address this item. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 38-93 on Second and FINAL Reading, 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. 11, Comments and Inquiries on Non-Agenda Items from the pUblic-Immediately Following Public Hearings. ll.A., City Manager's Response to Prior Public Comments and Inquiries. The City Manager advised that with respect to Mrs. Wachtel's inquiry about a particular non-conforming use situation which she had, upon investigation it was found that there was a unit in her complex which had been previously occupied by another cabinet-maker, so the new cabinet-maker was able to move into that unit and still be within the limits prescribed by the code. Mayor Lynch commented that the Planning and Zoning Board will be looking at the entire issue of "grandfathering" Il.B, From Th~ Public: ll,B.1. William F. Andrew~, 217 N.E. 4th Street, Delray Beach, who read into the record a prepared statement expressing his views relative to the City Commission's approach and procedures for construction of a new clubhouse at the municipal golf course (a copy of which is attached hereto and made a part of these minutes). ll.B.2. Virginia Snyder, 38 S. Swinton Avenue, Delray Beach, who stated she feels there is a real need for trash cans on West Atlantic Avenue. While it may not correct all of the trash problem along the avenue, she suggested it would greatly help the situation if there were at least three (3) trash cans on each block on both sides of the street. This would be a minimal expenditure to help clean up the image of the city. ll.B.3. Jean Beer, 945 Tropic Boulevard, Delray Beach, who spoke on two issues: (a) Inquired as to the possibility of using the area behind the City Attorney's office as an unloading site for equestrian trailers which may participate in the parade. A soft surface is needed for unloading and this particular area is largely sand and not planted; and (b) Advised that she and sever- al others had visited the alternative school in Lake Worth and -12- 6/8/93 found strong emphasis on tight control and discipline. Ms. Beer expressed the opinion that the Carver School location would not be appropriate for this facility and suggested the possibility of moving Pine Grove Elementary into Carver, and move the alterna- tive education project into the Pine Grove facility. FIRST READINGS 12,A. ORDINANCE NO. 40-93: An ordinance amending the Land Development Regulations to accommodate the ability to affix a density suffix in the RM (Medium Density Residential) zone dis- trict. If passed public hearing June 22, 1993. Prior to reading the caption of the ordinance, the City Attorney stated that the Planning Director had requested a verbi- age change to the ordinance to replace the words "Local Planning Agency" with "body taking final action on the development appli- cation'', the reason being that in some instances densities will be reviewed at site plan level and at other times when a rezoning is being considered. Ms. Ruby noted that this change does not alter the primary intent of the ordinance. It was the consensus of the Commission to concur with the change. The City Manager presented Ordinance No. 40-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 4.4.6(H)(1) OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) ZONE DIS- TRICT; AND TO FURTHER PROVIDE THAT THE DENSI- TY WILL BE APPROVED BY THE BODY TAKING FINAL ACTION ON THE DEVELOPMENT APPLICATION; PRO- VIDING A SAVING CLAUSE, A GENERAL REPEALE~ CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor to public comment. No one from the audience wished to address this item. Mr. Randolph moved to adopt Ordinance No. 40-93 as read by the City Attorney on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12,B, ORDINANCE NO, 39-97; An ordinance placing and rezoning property currently zoned POC (Planned Office Center) zone dis- trict in RM-8 (Medium Density Residential) zone district, said land being located generally to the west and south of Lake Ida -13- 6/8/93 Plaza (southwest corner of Lake Ida Road and Congress Avenue). If passed public hearing June 22, 1993. Prior to consideration, the City Attorney advised that this ordinance has been revised to reflect the zone district of RM, with the density suffix limitation of 8 units per acre, as previously directed by the City Commission. David Kovacs, Director of Planning and Zoning, stated that there is the possibility the Commission may not adopt the ordinance which provides for the density suffix. If that hap- pens, then the rezoning ordinance to RM-8 becomes moot since there would be no such district. The applicant has indicated that he would like final action to occur on June 22, 1993. If the density suffix ordinance fails, and likewise the amended rezoning ordinance #39-93, then the process will have to start up again on June 22nd with another first reading to rezone the subject property to RM. He suggested that the ordinance on tonight's agenda be read on first reading as Ordinance No. 42-93 which would be for rezoning to RM-8. The original Ordinance No. 39-93 rezoning to RM would stand for now as having been passed on first reading on May 25, 1993. Then, depending on the recommen- dations and testimony heard at the public hearing on June 22, 1993, the Commission would make a final decision as to which of the two ordinances to adopt. It was the consensus of the Commission to amend the number of the ordinance to be read on first reading this evening from Ordinance No. 39-93 to Ordinance No. 42-93. The City Manager presented Ordinance No. 42-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF LAKE IDA ROAD AND WEST OF CONGRESS AVENUE, 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. The City Attorney read the caption of the ordinance, amended to reflect the number as Ordinance No. 42-93. Mayor Lynch opened the floor to public comment. Speak- ing from the audience were the following: Jerry Marshall, Woodlake, who felt this property should not be developed as a community geared to older retirees from Canada who may only be here six months out of the year. He would -14- 6/8/93 prefer to see families with children who are interested in the community on a permanent basis. Hglen Coopgrsmith, who requested that the statement she prepared and distributed to the Site Plan Review and Appearance Board regarding this issue be forwarded to the City Commission for consideration prior to the public hearing on June 22, 1993. Arthur Jackel, Chairman of the United Property Owners of Delray Beach, who stated that he felt this would be a good project for the community. Bur~ Goldberg, resident of Rainberry Bay, who stated that he lives nearby to the development site and feels that the proposal will be an asset to the city. No one else from the audience wished to address the Commission. Dr. Alperin moved to adopt Ordinance No. 42-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 12,C. ORDINANCE NO. 41-95; An ordinance amending Ordinance No. 24-90 which created the Education Board by modifying Section 32.28 "Qualification of Members" to provide for the inclusion of additional membership criteria. If passed public hearing June 22, 1993. The City Manager presented Ordinance No. 41-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMIS- SIONS'' SUBHEADING "EDUCATION BOARD', OF THE CODE 6F ORDINANCES OF THE CITY OF D~LRAY BEACH, FLORIDA, BY AMENDING SECTION 32.28, "QUALIFICATIONS OF MEMBERS", TO PROVIDE ADDITIONAL QUALIFYING CRITERIA; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor to public comment. No one from the audience wished to address this item. Mr. Ellingsworth moved to adopt Ordinance No. 41-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -15- 6/8/93 Prior to roll call, Assistant City Manager Barcinski reported that the Education Board had reviewed the proposed ordinance at its last meeting and endorsed the concept of revis- ing the ordinance to allow the more diversified membership crite- ria. At this point the roll was called to the motion. At this point, the Commission returned to the regular agenda portion of the meeting at Item 9.E. inasmuch as the par- ties involved with Item 9.D. had not yet arrived. 9.E, MARKETING AGREEMENT WITH LIDDUN INTERNATIONAL. INC.: Approve an agreement with Liddun International, Inc. for the marketing of the Tennis Stadium. City Manager recommends approv- al. Assistant City Attorney Tolces reviewed with the Com- mission certain language changes which had been made to the agreement subsequent to the distribution of the agreement as contained in the agenda packet. On item #7 relative to 20% of the rental fees, Mayor Lynch asked for clarification on whether this would be based on gross or net rental fees. The City Manager advised it would be gross rental fees. On item #14, Mayor Lynch suggested it would be preferable to have the requirement for noticing be directed to the City Manager. On question from Dr. Alperin, Attorney Tolces advised that the 20% would be based on the rental fees for whatever portion of the tennis center is rented for a given event. Fur- ther discussion was had concerning Liddun's involvement with assistance and coordination for any professional tennis events which may be brought in to the stadium, and that the City would retain final approval for the events. Dr. Alperin requested clarification that the City would not be required to pay any fees to Liddun for events proposed by Liddun which the City chose not to accept. On question from Mayor Lynch, Mr. George Liddy, representing Liddun International, acknowledged that Dr. Alperin's position was also his understanding of the contract. Mayor Lynch requested that with respect to the computa- tion of the gross for an event, there should be some means to subtract out the city's cost for providing things such as bleach- er seating. The City Manager then stated that, as far as this agreement is concerned, Liddun would be functioning as the city's marketing agent and the city would, in turn, enter into an agree- ment with a promoter for an event. In other cases, for example, the Davis Cup proposal wherein Liddun is the promoter, if that were to come together, the city would join with Liddun as a participant in the event and it would be structured differently under an independent agreement that would not come under this -16- 6/8/93 marketing agreement. Mayor Lynch requested that this provision be spelled out within the agreement. On further discussion, it was the consensus of the Commission to have the City Attorney make the changes to the agreement and bring it back so revised to the regular meeting of June 22, 1993, for formal action. 9.D. RESOLUTION NO. 55-93: A resolution of the Community Redevelopment Agency requesting the City Commission to authorize the Community Redevelopment Agency to submit a grant application for State Historic Preservation funding in the amount of $242,800 to relocate a Historic Residential Structure from the Hillcrest neighborhood in West Palm Beach to Delray Beach. City Manager recommends approval, subject to conditions. The City Manager presented Resolution No. 55-93: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH REQUESTING THE CITY COMMISSION OF DELRAY BEACH TO AU- THORIZE THE COMMUNITY REDEVELOPMENT AGENCY TO MAKE APPLICATION FOR THAT CERTAIN STATE HISTORIC PRESERVATION GRANT PROJECT KNOWN AS THE FLORIDA ATLANTIC UNIVERSITY COMPLEX IN THE AMOUNT OF $242,800.00 WHEREBY, IF AWARDED A HISTORIC RESIDENTIAL STRUCTURE FROM THE HILLCREST NEIGHBORHOOD IN WEST PALM BEACH FLORIDA, WOULD BE RELOCATED TO A SITE WITHIN IN DELRAY BEACH, RENOVATED, AND UTILIZED FOR, AMONG OTHER PURPOSES, A STATE OFFICE FOR THE HISTORIC PALM BEACH COUNTY PRESERVATION BOARD. (Copy of Resolution No. 55-93 is on file in the offi- cial Resolution Book) Frances Bourque, Trustee, on behalf of the State Agency of the Palm Beach County Historic Preservation Board, requested approval from the Commission to recover a grant awarded to FAU last year in the amount of $242,800 for the relocation of historic homes from the complex known as the Academic Village for FAU. FAU is not prepared to complete the infrastructure that accompanies the necessities for this grant but is agreeable in releasing the terms to the City of Delray. However, the grant does not include the cost of moving the two houses in the amount of $50,000 that she is proposing to relocate and the land on which to place them. These houses would be used to house a State facility with the Historic Preservation Board, Chamber of Com- merce, offices for CRA, museum, etc. There is no guarantee that the City of Delray will be reviewed in Tallahassee, but indica- tions are that the City is being favorably looked at. -17- 6/8/93 Upon question by Mr. Randolph, John Johnson, member of the Palm Beach County Historic Preservation Board, replied that the $245,800 would be used for the restoration of these two houses. Chris Brown, Executive Director of the CRA, advised that, under an earlier motion by the Commission, the CRA was granted authority to acquire properties in Block 60, across the street from City Hall. He feels this would be a perfect site for these Historic houses. He further stated that the CRA will provide the land with no cost to the City. He is requesting that the City advance the first $50,000, which will be repaid upon revision of the CRA's redevelopment plan. Upon question by Mayor Lynch, Mr. Brown agreed that $50,000 will not cover the total cost, but should the City advance $70,000, the CRA will repay the $50,000 originally requested. The City Manager advised that the resolution mentions only one house, so it needs to be amended if there will be two houses involved. The Commission consensus was in favor of obtaining the two houses. Discussion followed regarding placing this amount in the budget for fiscal year 1993-94, as it is unavailable at this time. Dr. Alperin moved for the adoption of Resolution No. 55-93, as amended, to include two structures and to change the payment scheme to $70,000 upfront with reimbursables to the City in the amount of $50,000 by the CRA, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9~F. RECOMMENDATION REGARDING ATLANTIC HIGH $CHQOL QVER- CROWDING: Consider supporting the Atlantic High School Parent Advisory Council in its request to the Palm Beach County School Board to reduce the anticipated overcrowding next school year (1993-94) through boundary changes. Assistant City Manager Barcinski stated that the Com- mission previously received a letter from the Parent Advisory Committee at Atlantic High School, requesting that the School Board review the existing over-crowding at Atlantic High School and correcting the situation through boundary changes. The Education Board reviewed this with Ms. Shetler, Principal, who anticipates that there will be an enrollment of between 2200 and 2300 students next year. She also indicated that the real capac- ity at this time is 1750, with a comfortable capacity of 1850 students. Assistant City Manager Barcinski stated it is his understanding that the School Board will review a proposed bound- -18- 6/8/93 ary change the first meeting in July. Upon a discussion of this proposed change at the meeting last night, it was determined that this would mean that students who live east of 1-95, south of S.W. 10th Street to the Ocean, to the southern boundary line, would be moved to Boca Raton and Spanish River schools. There are approximately 200 high school students in that district. Ms. Shetler explained that this does not mean an offset of 200 stu- dents, because seniors will be allowed to remain at Atlantic, along with children in special programs. The Education Board looked at this proposed change last night and on a 5-2 vote recommended that this boundary change be forwarded to the Commis- sion for recommendation. A second recommendation was to request that the Commission appoint an advisory committee/task team who will then make further recommendations to the Commission. Discussion followed with regard to ESOL students, district busing and portable classrooms. A suggestion was made that the parents be invited to get involved. Dr. Alperin moved to send a letter supporting the initial changes, according to the recommendation of the Education Board, and requesting that the Task Force be established from the City to discuss impacting the students in Delray in relation to the high school, 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. Before roll call, Mayor Lynch suggested that a Task Force be named at this time, consisting of the Education Board and the officers of the Parent-Teachers Association. The Commis- sion concurred. Dr. Alperin questioned if there is anything similar to the City's Comprehensive Plan for the City with regard to the School Board, if they have a Comp Plan and if they are planning anything for the future. Mayor Lynch recommended that Assistant City Manager Barcinski request a copy of their five or ten year plan in order that the Commission might be better informed. 9.G. SERVICE AUTHORIZATIQN NO~ 6/HELLER. WEAVER AND CATO: Consider a service authorization in the amount of $13,700 and contingency not to exceed 85,000 to the contract with Heller, Weaver and Cato for surveying services for the S.W. 10th Street corridor between S.W. 4th Avenue and Miami Boulevard, with fund- ing from General Construction Fund - SW 10th Street (Account No. 334-3162-541-61.90). City Manager recommends approval. Dr. Alperin questioned the amount of the contingency to which Ralph Hayden, City Engineer, responded that unforeseen contingencies are on a time and material basis. This work was not included in the original surveying work. -19- 6/8/93 Mr. Randolph moved approval of Service Authorization No. 6, seconded by Dr. Alperino 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,H, SERVICE AUTHORIZATION NO. 3/GEE AND JENSON. INC,~ Consider a service authorization in the amount of $3,497.64 and which also extends the contract completion date to May 7, 1993 for Gee and Jenson, Inc., for supplementary inspection services of construction progress for Fire Station No. 5, with funding from 1992 Bond Anticipation Note - Fire Station No. 5 (Account No. 227-2311-522-61.57). City Manager recommends approval. Mrs. Smith moved approval of Service Authorization No. 3 with Gee and Jenson,Inc., 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.I. CHANGE ORDER NO, 2 AND REQUEST FOR FINAL ~AYMENT/AGB CAPITAL CONSTRUCTION: Consider a change order in the net amount of $4,570.11 for miscellaneous changes to the Miller Park/Currie Commons Park project and a request for final payment in the amount of $98,084.91 for completion of those projects, with funding from Decade of Excellence Bond Issue - Miller Park (Ac- count No. 225-4166-572-61.62) and Currie Commons (Account No. 225-4146-572-61.64). City Manager recommends approval. Mr. Randolph moved approval of Change Order No. 2, seconded by Dr. Alperin. 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. 13, Comments and Inquiries on Non-Aqen~ Items; 13.A,1. Mr. Ellingsworth commented that the tennis court near- est N.W. 1st Avenue has about five bucida trees which are now blooming and shedding and it is a constant maintenance problem. He suggested trimming the trees and topping them a bit to correct the problem. He also suggested that in the future we look at putting in palm trees around the corner onto Atlantic Avenue to tie in with the entryway into the tennis center. With respect to the security issues recently raised relative to the tennis center, Mr. Ellingsworth stated he felt the area will have to be fenced regardless of what the feeling might be, and that it could be done in an attractive manner which would not be offensive. His concern is not only with vandalism of the courts, but also from a safety standpoint since it has been reported that kids have been playing in the stands late at night. Further, he felt the city could have better control for future tournaments if there was fencing in three areas (one in -20- 6/8/93 back by the Community Center, one by the foot of the Community Center where it would normally be for the tournament, and one on either side of the south side of the clubhouse). He felt that the cost would be minimal and asked the City Manager to report back on this item. The City Manager advised that it would be looked at during the planning for the second phase. Mr. Ellingsworth discussed his concerns about putting the concessions on one of the tennis courts. In looking into this, he found that the city's cost on an annual basis is far in excess of $600. He ~suggested the possibility of cantilevering out from the existing seats about 50 feet, build permanent seat- ing for 2,500 on top of that which would help to defray the cost of bringing in temporary bleachers. If we had the extra 2,500 permanent seats, the cost for temporary seating hopefully could drop from $112,000 down to $50,000, and the concession stands could then be placed under the facility. Mr. Ellingsworth re- quested that this scenario be looked into. The City Manager advised that this arrangement will be looked into, but also stated that the problem becomes that when more permanent seats are added, more restroom facilities and parking spaces must be provided to support the additional seating capacity. Mr. Ellingsworth asked that staff look into the possi- bility of putting the temporary seating on top of a cantilevered area in the location discussed. 15,A.2. Mr. Randolph stated that concerning the previous public comment regarding the problem of trash on West Atlantic Avenue and trash cans possibly being the solution, he concurred that there is a need for additional trash cans; however, he also feels there is an enforcement problem. The littering which takes place is often blatant and he feels that a better enforcement effort is needed to bring the problem under control. 15.A,3, Dr. Alperin stated that with respect to information he had seen about the failure to collect traffic ticket fines and the impact this has on the budget, it seems to him that traffic enforcement efforts are rather low and wondered what it would be by adding more traffic cops; if they pay for themselves from an enforcement standpoint and how can it be made a profitable ven- ture, collection-wise, so more Police (traffic) officers can be added if they can pay for themselves. He asked if any studies had been done in this regard. In response, the City Manager advised that in reviewing the problem, it is his understanding that four or five years ago, the Legislature dramatically increased the fines for traffic infractions. Since then, more and more warning tickets have been issued as opposed to real tickets because the Police officers are concerned about the high cost of the tickets. It is the offi- cer's discretion whether or not to issue a ticket or a warning. -21- 6/8/93 However, Chief Overman does have in mind, if additional personnel is added, to add those kinds of community service officers as opposed to sworn officers. Dr. Alperin then commented that he had noticed a little blurb in the Delray Beach News on June 3rd relative to the newsrack issue. l~,A.4. Mrs. Smith thanked Kappa Alpha Psi fraternity for their efforts in cleaning up Lake Ida Road this past weekend, and encouraged similar efforts by other groups and organizations to take on responsibility for other roads or parts of roads through- out the city. Along this line, Mayor Lynch asked if the city had an active "Adopt-A-Highway" program. The City Manager advised that is a County program which is in effect for County roads in the City. Mayor Lynch suggested the City look at doing something similar. Mrs. Smith stated she had received correspondence inquiring if the Linton Boulevard Bridge had ever been dedicated as the "Jack L. Saunders Bridge", and if there was any memorial to Mr. Saunders on the bridge. 15.A,$, Mayor Lynch stated that he would write a letter to Mary McCarty and to the new Chief Judge asking them to move forward with getting rid of the old Police station. Mayor Lynch reported on the Economic Summit held earli- er todfy. While many ideas were reviewed, he felt that the main idea was to have the County come up with a pot of money (starting at $5 million all the way up to $50 million) which the cities could then participate in by using it to attract businesses to come into the communities. Mayor Lynch also noted that the Manager's information on a tax rebate was taken into considera- tion as well. I~,B, There were no comments or inquiries from the City Attorney. 13.C. The City Manager commented that the City continues to receive publicity from the Virginia Slims Tournament, and circu- lated to the Commission an Italian tennis magazine featuring an article on the Slims Tournament and Delray Beach. In response to Commissioner Smith's previous inquiry on Lake Ida Road appearance and maintenance, the City Manager ad- vised that individual property owners with problems have been addressed by the Code Enforcement staff and additional contact has been made. There is a recurring problem with dumping and garbage placed in the right-of-way with one multi-family building on 4th Street east of Swinton. The property on the north end of the Post Office is blighted, although proposed road improvements -22- 6/8/93 will mitigate current conditions. Cooperation from the Post Office is expected to clean up the weeds and other overgrowth in the right-of-way. The owner of the commercial building at the corner of N.W. 10th Avenue and Lake Ida Road has been cited and is actively working to dispose of the tires which were illegally dumped on his property. Additional items have to do with paint- ing of the building and minimum landscape requirements. The City Manager stated that the City Attorney has done some research regarding ordinances in adjacent cities that affect the rebuilding of buildings of certain heights destroyed in a catastrophe. It is under discussion in Highland Beach, with nothing in writing at this point. The ordinance in Boca Raton is interesting in that it does provide criteria for repair, recon- struction and reuse for residential structures damaged by catas- trophe, but does not mention height. The City Attorney's office will be looking into this further. The City Manager advised that staff had checked back with the Florida League of Cities regarding the zoning override for group homes for juvenile offenders in residential neighbor- hoods, and found that this particular legislation did not move forward during the special session. The City Manager then asked for direction from the Commission regarding a situation which has arisen with the West Atlantic Avenue water main which is being affected in several places by the widening of the road. The way it is currently designed, where there are conflicts between the water main and the storm sewer or other drainage structures, they would cut the water main and reroute it to go around the structure. In order to do this, water service will have to be shut off to six differ- ent groups of homes or businesses along West Atlantic Avenue. This could be avoided if we build conflict manholes, which would cost an additional $20,000 including engineering fees. In response to Dr. Alperin, the City Manager stated he thought the water would have to be turned off for probably about one day each time, that is, for each affected group. Mayor Lynch questioned if the city would be responsible for any loss of business experienced by any of the restaurants or businesses which would be affected. The City Manager indicated he would look into the situation further and would bring the item back to the Commission at a future meeting. Mayor Lynch declared the meeting adjourned at 9:00 p.m. - - J City- C~/erk '- ! ATTEST: -23- 6/8/93 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of June 8, 1993, which minutes were formally approved and adopted by the City Commission on Qf~It~ ~. 199~ ' -- C£ty cler~ - , 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. -24- 6/8/93 MR. MAYOR AND COMMISSIONERS I HAVE REVIEWED YOUR DISCUSSIONS OF JUNE 1ST AND THE DRAFTING SUMMERY APPROACH AND PROCEDURES FOR CONSTRUCTION OF A NEW CLUBHOSE AT THE MUNICILPE GOLF COURSE. HAVING BEEN A PART OF THE PROCESS AND HAVING PREVIOUSLY SAT IN YOUR CAPACITY I CAN SAY WITH ABSOLUTE CONFIDENCE AND EXPERIENCE THAT YOU ARE ENDORSING THE MOST COSTLY APPROACH TO ACHIEVE YOUR GOAL OF A NEW CLUBHOUSE AND I WOULD LIKE TO ADDRESS SOME IRREFUTABLE FACTS THAT WILL VALIDATE MY STATEMENT. NO. 1. STAFF TIME IS NOT FREE ..... THE INDIVIDUALS YOU HAVE PUT ON THIS PROJECT ARE PAID OVER FIFTY THOUSAND DOLLARS A YEAR AND THAT DOES NOT INCLUDE SUPPORT STAFF, BOARD REPORTERS OR OFFICE OVERHEAD. I ESTIMATE THAT YOU WILL SPEND OVER $100,000 TO PROCESS THIS APPROACH AND THEN IT WILL NOT COVER THE BUILDING BIDDING PROCESS ITSELF. IF YOU DO NOT FACTOR THE COST OF THIS PROCESS INTO THE COST OF THE BUILDING THAN YOU WILL HAVE BUILT A BUDGET WITH MIRRORS. IN POINT OF FACT, I DO NOT BELIEVE THAT THE ENORMUS TIME THAT MR. BARZINSKI SPENDS ON THE GOLF COURSE HAS EVER BE~N BACKCHARGED TO THAT ACCOUNT. NO. 2. THE EAGERNESS TO KILL THE PAST PROJECT WITHOUT SO MUCH AS A FAIR MARKET ANALYSIS SHOWS AT LEAST NI EVE VA TA AND I'M BEING AWFUL GENERIOUS WITH THAT DISCRIPTION. THIS COMMISSION COMPLETELY AVOIDED THE REVIEW AND SUGGESTIONS IT ITSELF PAID FOR AT THE REQUEST OF COMMISSIONER ALPRIN. IF YOU THROUGHLY REVIEW THAT REPORT IT POIN~TO TWO GLARING ASSUMPTIONS...FIRST THAT THE CITY SHOULD HAVE VALtIDATED THE MARKET ASSUMPTIONS THAT MR. COLLINS MADE AND TWO, THAT YOUR OWN STAFFS ASSUMTIONS ARE OFF BY AS MUCH AS FORTY PERCENT IN REAL PROFITS AS WELL AS LACKING IN STANDARD RULES OF ACCOUNT HEADINGS. IF YOU DON'T FIND THAT UN-NERVING IN YOUR SO-CALLED PROFIT CENTER, GOD HELP THE TAXPAYERS OF THIS CITY AT BUDGET TIME. NO. 3 YOUR DESIRE TO GO FORWARD WITH THE DESIGN / BUILD OR DESIGN BID PROCESS IS NOT AS ECONOMICAL AS A LEASE PURCHASE. AGAIN THE GLARING FACTS WERE IN FRONT OF YOU AND IGNORED AND PETTYFOGGED BY THE PROPERTY TAX ISSUE. A SIMILAR BUT LESS APPOINTED FT. MYERS COUNTY CLUB WAS SHOWN TO YOU COSTING $7 PER SQ. FT. MORE. YOUR OWN STAFF HAD OUTSIDE CONSULTANTS REVIEW THE BUILDING COSTS AS FAIR AND WHEN THE FINAL COST WAS ARRIVED AT THE BUILDING WAS $2. PER SQ. FT OVER THE LOW END OF THE $120 TO $138 DOLLAR PER SQ. FT RANGE. NOT ONE COMMISSIONER CHOOSE TO GO WITH ME OR AT A LATER DATE REVIEW THE FT. MYERS FACILITY. MR. MAYOR, YOU WILE REMEMBER HOW HARD IT WAS FOR ME TO CONVINCE YOU AND THE COMMISSION OF THE ECONOMIC SAVINGS WE WOULD RECIEYE BY BUILDING A REPEATED DESIGN FOR FIRE STATION NO. FIVE. ~THAT BUILDING COST'WHAT PALM BE~H COUNTY PAYS FOR VIRTUALLY THE SAME THREE BAY FACILITY. WHY YOU WANT TO AVOID PROFESSIONAL ADVICE IS BEYOND ME. DO YOU ALSO REMEBER HOW HARD IT WAS TO CONVINCE YOU THAT OUR GOLF COURSE NEEDED RE-DESIGN WORK AND NOT JUST NEW PLANTED FAIRWAYS .................. HOW MANY CURRENT GOLFERS COULD YOU ROUND UP NOW AND SAY THE OLD PLAN WAS BETTER? NO. 4 IN YOUR PROPOSED PROCESS YOU HAVE INCLUDED THE PLANNING AND ZONING BOARD. IF YOU WOULD HAVE LISTENED TO THE TAPE OF THE MEETING WERE THEY REVIEWED MR. COLLINS PROPOSAL YOU WOULD HAVE FOUND THAT THEY DO NOT WANT ANY CLUBHOUSE BEYOND A A SMALL HOT DOG STAND. THEY SPOKE IN ABSOLUTE TERMS AND SHOWED A COMPLETE BIAS TO NOT GO INTO THE RESTAURANT OR THE BANQUET BUSINESS. YOU WOULD HAVE HAD TO BE THERE TO APPRECIATE THE NARROW MINDED BITTERNESS THEY PROJECTED. I SUGGEST YOU SKIP THAT PROCESS IF YOU WANT AN UNBIASED OPINION. AN ALTERNATE PLAN DOSE EXIST THAT WAS PROPOSED BY COMMISSIONER ELLINGSWORTH THAT WOULD HAVE REDUCED THE NON-PROFITABLE GOLFER AMENITIES AND KEPT THE BANQUET FACILII~IN TACT. HAD YOU REVIEWED THAT YOU WOULD HAVE SEEN THAT THE BANQUET PORTION CAN EASILY SUPPORT ITSELF. THAT PLAN, THOUGH LESS MONUMENTAL, WOULD HAVE SAVED WELL OVER $400,000 DOLLARS, BRING IN THAT FACILITY AT ROUGHLY 2. 7 MILLION. YOU WHERE NOT PRESENTED WITH THAT PLAN BECAUSE AS COMMISSIONER ALPRIN POINTED, NO MATTER WHAT NUMBER WOULD HAVE COME UP, THE MAJORITY OF YOU WHERE MORE FOCUSED ON BAG TOTING GOLFERS AND AN UNDERMINING CAMPAIGN BY SOME WELL SEEDED INDIVIDUALS RATHER THAN -~ ON PEOPLE AND GROUPS WHO ARE NOT MEMBERS OF THE COUNTRY CLUB OF FLORIDA OR THE OCEAN CLUB, BUT HA~E REAL NEEDS FOR WEDDINGS, CLASS REUNIONS, MOTHER-DAUTHER BANQUETS AND OTHER EVENTS THAT THE MIDDLE CLASS OF THIS COMMUNITY ARE FORCED TO HAVE OUTSIDE THIS CITY. WITH THE CURRENT APPROACH YOU ARE ADDING COSTS AND OVERHEAD (HIDDEN AS THEY MAY BE) TO A NEEDED FACILITY. TO GET ON WITH THE MOST ECONOMICAL SOLUTION SHO~f~F BUILDING A BANQUET WAREHOUSE,~u REVIEW THE MODIFIED PLAN .... GO BACK TO THE LEASE PURCHASE CONCEPT WITH A FIXED PRICE THAT IS EXTREMELY COMPETITIVE AND PUT BOTH THE REVISED AND THE ORIGINAL PLAN OUT FOR RFP. LET SOUND COMPANIES THAT ARE EAGER TO RUN THIS FACILITY SUCH AS MORRISONS OR WAMETCO ENTERPRISES OR OTHER PROFESSIONALLY SEASONED COMPANIES RUN THIS CLUBHOUSE. IF THEY CAN NOT MEET OR EXCEED YOUR PROFIT GOALS YOU SURELY\'WOULD NOT WANT TO GAMBLE ON RUNNING IT YOURSELF AND THEREFORE YOU WOULD BUILD A MIN~I~L BRE~FAST / LUNCHEON FACILITY. AND FINALLY ..... PUT THE PLANNING STAFF BACK FULL TIME ON WHAT IS DESPERATELY NEEDED WHICH IS THEIR EXPERTISE .... POCKET CRA / NEIGHBORHOOD RE-DEVELOPEMENT.