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07-28-92 JULY 28, 1992 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 6:08, P.M., Tuesday, July 28, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner Armand Mouw Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Chaplain Evans of Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch noted that Item No. 9.B. has been withdrawn. The City Attorney requested Item No. 8.M., Resolution No. 68-92, be with- drawn in its entirety. The City Manager requested proposed Service Authorization 1.1 be added under Item 9.F. Dr. Alperin moved approval of the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes. None 6. Proclamations. A. Mayor Lynch read and presented a proclamation proclaiming August 2 - August 8, 1992 as "Clown Week" in Delray Beach and encouraged all citizens to recognize the contributions made by these thoughtful and generous individuals. Nancy Nice Nurse, complete with costume, came forward to accept the proclamation. B. Mayor Lynch read and presented a proclamation commending and honoring Mr. Ricerdo Ouano for his heroic actions performed on May 9, 1992. Dr. Alperin read and presented a proclamation commending and honoring Mr. Mike Lakowski for his heroic actions performed on July 10, 1992. Mr. Randolph read and presented a proclamation commending and honoring Brian Johnson for his heroic actions performed on June 25, 1992. Mayor Lynch read a proclamation commending and honoring Mr. Andrew Berg and Mr. John M. Cole, III for their heroic actions performed on May 8, 1992. Ricerdo Ouano, Mike Lakowski and Brian Johnson came forward to accept the proclamations. Andrew Berg and John M. Cole, III were not present to accept their proclamations. 7. Presentations. A. Allstate Foundation Award of $15,000 to the Community Policing Unit. Chief Overman accepted the award and thanked Allstate Founda- tion for their contribution toward the new substation in the southwest section of the City. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Initiation of Rezoning and Conditional Use Action. The Commis- sion is to consider authorizing staff to initiate rezoning of Lots 1-6, Block 44, Town of Linton Plat from R-lA (Single Family Residential) to CF (Community Facilities) and a conditional use application associated with expansion of the municipal tennis center. Approval is recommended. 8.B. Initiation of Corrective Rezonings. The Commission is to consider authorizing staff to initiate corrective rezoning considera- tions emanating from review work on recent Future Land Use Map Amend- ments. Approval is recommended. 8.C. Request For Waiver of Financial Guarantee/Drug Abuse Founda- tion. The Commission is to consider approving a request from the Drug Abuse Foundation for waiver of the provision for financial guarantee for installation of public improvements; subject to the submittal of a 10% letter of credit. Approval is recommended. 8.D. Amendment No. 2 To The UDAG Agreement and Purchase and Sale Agreement/Auburn Trace. The Commission is to consider approval of Amendment No. 2 to the UDAG Agreement which extends the due date for the second payment from March 1992 to December 31, 1992 and Amendment No. 2 to the Purchase and Sale Agreement which extends the due date for the payment due on June 30, 1992 to December 31, 1992 for Auburn Trace, Ltd. Approval is recommended. 8.E. Authorization To Submit A Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Solid Waste Authority for grant funding in the amount of approximately $54,848 to expand our recycling and related educational programs. Approval is recommended. 8.F. Authorization To Submit A Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Palm -2- 7/28/92 Beach County Sports Authority for funding in the amount of $25,000 to defray expenses associated with the Women's Tennis Association Tourna- ment being held in Delray Beach in 1993. Approval is recommended. 8.G. Authorization To Transfer Funds/1991 Water And Sewer Revenue Bond And Award Of Bid. The Commission is to consider authorizing staff to transfer interest earnings in the amount of $131,995 from the 1991 Water and Sewer Revenue Bond (Account No. 447-0000-361-10.00) to Former Enclave Areas line item (Account No. 447-5167-536-60.31) and award the bid to Tiger Construction Company in the amount of $125,710 for con- struction of the Lake Ida Lift Station and Sanitary Sewer project. Approval is recommended. 8.H. Change Order No. 1/Sea Turtle Conservation Contract. The Commission is to consider approval of a change order in an amount not to exceed $15,808 to the contract with Dr. John Fletemeyer for relocation of sea turtle nests in conjunction with the Beach Nourishment Project; with funding from Beach Restoration Fund - Erosion Control (Account No. 332-4164-572-34.38). Approval is recommended. 8.I. Deduct Change Order No. 2/Request For Final Payment - Metra Industries, Inc. The Commission is to consider approval of a deduct change order in the amount of $11,620.08 to the contract with Metra Industries, Inc. and approve final payment in the amount of $39,246.39 for completion of the Pineridge/Church of the Palms Water Main Extension Project with funding from 1991 Water and Sewer Revenue Bond - Water Distribution Improvements (Account No. 447-5174-536-61.78). Approval is recommended. 8.J. Deduct Change Order No. 1/Request For Final Payment - A.O.B. Underground. The Commission is to consider approval of a deduct change order in the amount of $6,386 to the contract with A.O.B. Underground, Inc. and approve final payment in the amount of $5,961.70 for completion of the Stormwater Drainage Improvement Phase I with funding from Stormwater Utility Fund - Drainage Phase I (Account No. 448-5411-538-62.16). Approval is recommended. 8.K. Cancellation of Contract For Architectural Services/Simon. The Commission is to consider the cancellation of the contract for architec- tural services with Roy Simon to develop a tennis center at Lake Ida Park. Cancellation is recommended. 8.L. Cancellation of Agreement With Palm Beach County/Tennis Center. The Commission is to consider the cancellation of the lease agreement with Palm Beach County for the development of a tennis center on County land located at Lake Ida Park. Cancellation is recommended. 8.M. Resolution No. 68-92. THIS ITEM HAS BEEN WITHDRAWN. 8.N. Resolution No. 69-92. Resolution No. 69-92, authorizing the acquisition of Lots 1-6, Block 44, Town of Delray for the public purpose of expanding and improving the Municipal Tennis Center, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 69-92 is as follows: -3- 7/28/92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING LOTS 1-6, INCLUSIVE, BLOCK 44, TOWN OF DELRAY BEACH (FORMERLY LINTON), AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF EXPANDING AND IMPROV- ING ITS MUNICIPAL TENNIS CENTER, FINDING THAT THE ACQUI- SITION OF SAID PROPERTY IS REASONABLY NECESSARY FOR THE EXPANSION AND IMPROVEMENT OF ITS MUNICIPAL TENNIS CENTER; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 69-92 is on file in the official Resolution Book) 8.0. Resolution No. 77-92. Resolution No. 77-92, assessing the cost for abatement action necessary to demolish an unsafe structure at 236 (A, B & C) S.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 77-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 77-92 is on file in the official Resolution Book) 8.P. Resolution No. 78-92. Resolution No. 78-92, assessing the cost for abatement action necessary to demolish an unsafe structure at 232 and 232 1/2 S.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 78-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS -4- 7/28/92 FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 78-92 is on file in the official Resolution Book) 8.Q. Resolution No. 79-92. Resolution No. 79-92, assessing the cost f---~abatement action necessary to board up an unsafe structure at 1408 S.W. 22nd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 79-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 79-92 is on file in the official Resolution Book) 8.R. Resolution No. 80-92. Resolution No. 80-92, assessing the cost for abatement action necessary to board up unsafe structures at 1010, 1014, 1018, and 1022 Mango Drive, is before the Commission for consider- ation. Approval is recommended. The caption of Resolution No. 80-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. -5- 7/28/92 (Copy of Resolution No. 80-92 is on file in the official Resolution Book) 8.S. Resolution No. 81-92. Resolution No. 81-92, assessing the cost for abatement action necessary to remove motor vehicles from five properties located with the City, is before the Commission for consider- ation. Approval is recommended. The caption of Resolution No. 81-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES TO THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 81-92 is on file in the official Resolution Book) 8.T. Resolution No. 83-92. Resolution No. 83-92, commending the Atlantic Coast District Dental Association for its commitment to the im- proved health care of Florida citizens through its founding and support of "Project Dentist Care", is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 83-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ATLANTIC COAST DISTRICT DENTAL ASSOCIATION FOR ITS COMMITMENT TO THE IMPROVED HEALTH CARE OF FLORIDA CITIZENS THROUGH ITS FOUNDING AND SUPPORT OF "PROJECT DENTISTS CARE". (Copy of Resolution No. 83-92 is on file in the official Resolution Book) 8.U. Donation of Old Police/Staff Cars. The Commission is to consider authorizing staff to donate old police/staff cars to the Citizens Observer Patrol Program. Approval is recommended. 8.V. Award of Bids and Contracts. Approval is recommended. 1. Landscape Maintenance - South Federal Highway/Congress Avenue - Tare Landscaping in the amount of $11,550 with funding from Beautification Trust fund. - Maintenance Contracts (Ac- count No. 119-4144-572-33.49). -6- 7/28/92 2. Lighting - Atlantic High School and Pompey Park - The Power Associates, Inc. in the amount of $232,000 with funding from Decade of Excellence Bond Issue - Atlantic High School Ballfield Lights (Account No. 225-4147-572-61.65) and Pompey Ballfield Lights (Account No. 225-4172-572-61.66). 3. Housing Rehabilitation - various properties and contrac- tors as indicated below; with funding from Community Redevelop- ment Block Grant - Housing Rehab (Account No. 118-1963-554-60.23): - 246 S.W. 13th Avenue - Intercontinental Construction Company - $16,945 - 238 S.W. 5th Avenue - Abisset Corporation - $15,702.75 4. Housing Rehabilitation - various properties - MJD Con- struction Service in the amounts indicated below; with funding from Community Redevelopment Block Grant - Housing Rehab (Account No. 118-1963-554-60.23): - 1327 Lee Street - $11,529 - 316 S. Swinton Avenue - $12,542.25 Dr. Alperin moved approval of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period July 20, 1992 through July 24, 1992. Dr. Alperin moved to receive and file this report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.B. Conditional Use Approval. THIS ITEM HAS BEEN WITHDRAWN. 9.C. Request For Waiver of Permitting Fees. The Commission is to consider a request for the waiver of permitting fees for Griffin Gate. Staff recommends denial. The City Manager stated, upon review, the project does not meet the criteria previously established by the Commission for fee waivers, in that there are no guarantees or permanent requirements that the homes to be built are to be sold to low income homeowners. In view of the budget, the City cannot afford to give up the revenues. There are also some possible conflicts with the Comprehensive Plan. -7- 7/28/92 Mayor Lynch suggested any future requests for waivers be paid directly by the homeowners. Mr. Andrews moved denial of the request for waiver of permitting fees, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9,D. Request to Hold Peach Umbrella Festival. The Commis- sion is to consider a request from the Peach Umbrella Association to hold their annual Fall Festival on October 31, 1992 from 8:30 A.M. to 6:00 P.M. City Manager recommends approval. Dr. Alperin moved approval of the request for the Peach Umbrella Festival, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9,E, Neighborhoods Task Team Final Report/Resolution No. 82-92. The Commission is to consider accepting and filing the final report from the Neighborhoods Task Team and consider Reso- lution No. 82-92 which authorizes the NTT to reconvene in January 1993 and sunset on July 31, 1993. Staff recommends approval. The City Manager presented Resolution No. 82-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE TO JULY 31, 1992 TO AUTHORIZE THE NEIGHBOR- HOOD TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE PURPOSE OF HOLDING ADDITIONAL MEET- INGS AND PROVIDING FOR A NEW SUNSET DATE OF JULY 31, 1993; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 82-92 is on file in the offi- cial Resolution Book) Mr. Randolph moved to receive and file the report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. -8- 7/28/92 Mr. Randolph moved for the adoption of Resolution No. 82-92, seconded by Dr. Alperin. Mayor Lynch recommended that before reconvening, the Task Team should reevaluate the attendance record as there were people who missed quite a few of the meetings. Mr. Randolph withdrew his motion, Dr. Alperin withdrew his second. Mr. Randolph moved for the adoption of Resolution No. 82-92, authorizing the Neighborhoods Task Team to reconvene in January, 1993 and sunset on July 31, 1993 with particular attention to the attendance records; those with no attendance being removed and replaced, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.F. Resident Project Representative Services/Digby Bridges. The Commission is to consider authorizing resident project representative services under the contract with Digby Bridges, Marsh and Associates in an amount not to exceed $60,000 in conjunction with the development of the Tennis Center/Stadium; with funding from General Construction Fund Tennis/Center Stadium (Account No. 334-4145-572-63.41). Dr. Alperin moved approval of the RPR not to exceed $60,000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. Dr. Alperin stated he is approving this so there will be no hesitation in this project; efforts to try to correct this problem will cause a delay. Mayor Lynch stated this would be long term, but does need to be looked into. Mayor Lynch passed the gavel to Vice-Mayor Alperin. The City Manager stated the tennis center must be built by March, and at that pace it would be easy to miss important details. There is no room for error in building a world-class tennis facility, therefore the second ranked firm was asked to assist the City on a per diem basis for which they have offered a proposal not to exceed $13,037.40. They would also do the value engineering design constructability. The City hopes to do everything possible to be sure the stadium functions well, people enjoy playing in it, as well as being spectators in it. Mr. Randolph moved to approve Service Authorization No. 1.1 for consulting services, seconded by Mr. Lynch. Upon roll call the Commis- sion voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 4 to 0 vote. -9- 7/28/92 Vice-Mayor Alperin returned the gavel to Mayor Lynch. 9.G. Settlement Offer/Emido ~apa. The Commission is to consider accepting an offer of settlement from Emidio Papa in the amount of $4,500 to settle pending litigation against the City. City Attorney's office recommends approval. Dr. Alperin moved approval of the settlement offer to Emidio Papa, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.H. Settlement Offer/Riccio. The Commission is to consider accept- ing an offer of settlement from Vincent Riccio in the amount of $6,500 to settle pending litigation against the City. City Attorney's office recommends approval. Dr. Alperin moved approval of the settlement offer to Vincent Riccio, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 1 vote. 9.I. Settlement Of Eminent Domain Proceedings/Tuppen. The Commis- sion is to consider approval of an offer of settlement from Sherman L. Tuppen and Ronald E. Tuppen in the amount of $25,000 plus $750 in attorney's fees to settle eminent domain proceedings for acquisition of Parcel E located north of S.D. Spady Elementary School. City Attorney's office recommends approval. Mayor Lynch requested the City Attorney to check the feasibili- ty of handling eminent domain proceedings in house. Dr. Alperin moved approval of the settlement of eminent domain proceedings to Tuppen, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.J. Appointment of Outside Counsel/Hollis. The Commission is to consider the appointment of Fred Gelston of Gelston and Damsel, P.A. to represent the City in the Hollis vs. the City of Delray Beach litiga- tion. City Manager recommends approval. Dr. Alperin moved to appoint Fred Gelston, P.A. to represent the City in the Hollis litigation, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.K. Change Order No. 2/Gateway Construction Company. The Commis- sion is to consider approving Change Order No. 2 in the amount of $4,326.88 to the contract with Gateway Construction Company for interior fiberglass lining of two existing sanitary manholes; with funding from -10- 7/28/92 Enclave Water and Sewer Phase I (Account No. 447-5167-536-60.31). City Manager recommends approval. Mr. Andrews moved approval of Change Order No. 2 to Gateway Construction Company, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.L. Change Order No. 2/Jack Hardy, Inc. The Commission is to consider approving a change order to the contract with Jack Hardy, Inc. in the amount of $62,828.94 and which extends the contract completion date by 14 days to remove existing 15 inch VCP from Manhole #7 to Manhole #113 and existing Manholes #7, 112 and 113 and install new 15 inch SDR 35 gravity main and replacement manholes in Block 117 in conjunction with the CBD Alleyway Reconstruction project; with funding from Water and Sewer Renewal and Replacement - Manhole Rehab (Account No. 442-5178-536-61.84). City Manager recommends approval. Mr. Andrews moved approval of Change Order No. 2 to Jack Hardy, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 1 vote. 9.M. Change Order No. 6/Elkins Constructors, Inc. The Commission is to consider approving a Change Order in the amount of $74,800.91 for the conversion of three clarifiers to lime softening reactor units; with funding from 1991 Water and Sewer Revenue Bond - buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. Dr. Alperin moved approval of Change Order No. 6 to Elkins Constructors, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.N. Water Line Replacement Bid Award. The Commission is to consid- er approval of the award to Johnson - Davis, Inc., one of our emergency contractors, a project in the amount of $46,489 for the installation of water lines on N.W. 13th Street; with funding from Water and Sewer Renewal and Replacement - Water Distribution Improvements (Account No. 442-5178-536-61.78). City Manager recommends approval. Mr. Randolph moved approval of the water line replacement bid award to Johnson-Davis, Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. PUBLIC HEARINGS -11- 7/28/92 10. NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS ll.A.1. The City Manager stated he has no response or inquiries due to preparation of the budget. ll.B.2. Arthur Jackel, 784 N.W. 25th Avenue, stated the decision to widen Lake Ida Road, between Congress Avenue and Military Trail, has been rejected on the five year road plan. With this decision final- ized, the citizens in that area are requesting Lake Ida Road be beauti- fied. FIRST READINGS 12. NONE At this time the Commission returned to the Regular Agenda. 9.0. A~pointment of Four Members To The Education Board. The Commission is to consider the appointment of four members to the Educa- tion Board to fill the expiring terms of Robert French, Kathy Anderson, John M. Jackson and Loren Sheffer. Approval is recommended. Dr. Alperin moved to appoint Robert French to the Education Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Andrews moved to appoint Kathy Anderson to the Education Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch recommended Jerry Marshall for appointment to the Education Board. Mr. Randolph moved to appoint Jerry Marshall to the Education Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. As Mr. Mouw was not present, his appointment will be placed on the next agenda. 9.Q. Health Insurance Premiums. The Commission is to consider an increase in the premiums for dependent health insurance coverage; to be effective October 1, 1992. City Manager recommends approval. Mayor Lynch recommended that this issue be watched at least every six (6) months. -12- 7/28/92 Dr. Alperin moved approval on the increase of health insurance premiums effective October 1, 1992, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 1 vote. 9.P. Fiscal Year 1992/93 Budget. The Commission is to consider the presentation of the FY 1992/93 Operating and Capital Improvement Budg- ets; and set the proposed millage rate. Joe Safford, Finance Director, reviewed the five (5) year Capital Improvement Budget and each of the various funds. Mr. Randolph requested Pompey Park be a priority in the unfund- ed item category. Mr. Safford stated that some unfunded projects may be funded within the Decade of Excellence Bond Construction Fund, but all voted projects must be fully completed before utilizing any remaining re- serves. The City Manager stated, following the Commission direction, an attempt was made to put a budget together at 7.15 mils. The rollback rate for the City is 7.31, the rate that would allow the same number of property tax dollars that is in this years budget. The budget being recommended is at 7.28. which would involve cutting seven (7) full time positions and one (1) part time position, a number of which have been vacant since December. In order to reach 7.15, there are a couple of alternatives. One would be to do a total salary freeze, which would eliminate merit increases; the other would be to eliminate an additional six (6) positions. The City Manager advised that all the other funds are in line. The Water and Sewer fund has an additional cost of operating the lime softening plant, bringing the need to increase the water rate about 5%. The proposed millage has to be in the Property Appraisers office no later than August 4. The revenues from State shared sources are flat and down slightly as well as the property tax roll. Dr. Alperin moved to set the proposed millage at 7.28, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews stated it would not be beneficial for him to attend the League of Cities Conference; a staff member would be better to do it. 13.A.2. Mr. Andrews stated the attendance at Board Meetings, most especially those during the day should have some kind of compensation to -13- 7/28/92 cover the charges involved. Also, at some point in time, the Commission salary should increase; the Commission works much too hard. 13.A.3. Mr. Randolph stated he will be attending a funeral this weekend so he will not be leaving the City for vacation. 13.A.4. Mayor Lynch stated the Boys and Girls Club would like to set up a club in the Catherine Strong Center. As the County owns the building, he requested the City Manager check with the County to see what their plans are. 13.A.5. Mayor Lynch stated he would like to set up a meeting with Judge Hurley to discuss knocking down the old Police Station to pave it for the tennis center. 13.A.6. Dr. Alperin questioned the status on the violation at Brandy's (now Busch's) and also on the Sundy House parking that has not been provided yet; they still have a temporary CO. It was the consensus of the Commission to send a notice to the Sundy House stating the Commission has no intention of supporting the extension requested. 13.B.1. The City Attorney stated he has noticed political signs appear- ing in the rights-of-way. The current ordinance, which has not been enforced in the past, states there will be no political signs placed in the rights-of-way. This ordinance should not be enforced until it is reevaluated on August 11, 1992. 13.B.2. The City Attorney stated, with regard to the request to recon- sider the Waterford/Delint DRI, the proper mechanism would be a motion to rescind on a majority of Commission members voting. More information is forthcoming. 13.C.1. The City Manager had no comments or inquiries at this time. Mayor Lynch declared the meeting adjourned at 9:00 P.M. City C~erk - ~ ATTEST: -14- 7/28/92 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of July 28, 1992, which minutes were formally approved and adopted by the City Commission on ~lxD~~ /~ · ! , City ~lerk - ? NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -15- 7/28/92