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09-22-92 September 22. 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 6:02 P.M., Tuesday, September 22, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Chaplain Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin requested that Item No. 8.E. be moved to the Regular Agenda as Item No. 9.A.A., Mr. Randolph requested that Item No. 8.R.1. be moved to the Regular Agenda as Item No. 9.A.A.A., Mr. Mouw requested that Item No. 8.R.5. be moved to the Regular Agenda as Item No. 9.A.A.A.Ao, and Mayor Lynch stated that two items, 9.S. and 9.T., have been added to the Regular Agenda. Assistant City Attorney Ruby requested that Item No. 8.F. be removed from the Consent Agenda; she also requested that Item No. 8.B. be moved to the Regular Agenda as Item No. 9.A.A.A.A.A. The City Manager advised that Item No. 9.F. can be deleted from the agenda, as this was handled by the Planning and Zoning Board. The City Attorney stated he is recommending that the City not accept the offer of settlement in Item No. 9.N., the settlement offer in Prescott vs Delray Beach, and requested that this item be moved to the Regular Agenda as Item No. 9.B.1. Mr. Andrews requested that Item No. 8.R.6. (1 and 2) be moved to the Regular Agenda as Item No. 9.A.A.A.A.A.A. Mr. Randolph moved for approval of the agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Regular Meeting minutes. NONE. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation proclaim- ing the months of July through October, 1992 as "Child Care Aware Campaign". Ms. Tirpak, Executive Director of Child Care Resource and Referral, Inc., came forward to accept the proclamation. 6.B. Mayor Lynch read and presented a proclamation proclaim- ing.the week of September 17 through 23, 1992 as "Constitution Week". Alice Byrnes came forward to accept the proclamation. 6.C. Dr. Alperin read and presented a proclamation proclaim- ing the month of October, 1992 as "Delray Beach Heritage Month" Michael Weiner and Clay Wideman came forward to accept the proc- lamation. 7. Presentations. NONE. The following items were considered by the Commission as the Consent Agenda: 8.A. Resolution No. 105-92. Resolution No. 105-92, recog- nizing City Government Week, October 4-10, 1992, and encouraging all citizens to support the celebration and corresponding actiwi- ties, is before~the Commission for consideration. Approval is recommended. The caption of Resolution No. 105-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 4-10, 1992, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. (Copy of Resolution No. 105-92 is on file in the official Resolution Book) 8.B. A~c~ptance of Gr~n~ Funding. MOVED to the Regular Agenda as Item No. 9.A.A.A.A.A. 8.C. Agreement with the Palm Beach School Board. The Com- mission is to consider approval of an agreement with the Palm Beach County School Board for instructional services and develop- ment of vocational education programs for City employees for the period July 31, 1992 through June 30, 1993. Approval is recom- mended. 8.D. Combined Mutual Aid Agreement With She TQwn Qf Highlsnd Beach. The Commission is to consider approval of a mutual aid agreement with the Town of Highland Beach for assistance in law enforcement emergencies which cross jurisdictional lines. Ap- proval is recommended. 8.E. Resolution No. l10-92/Acquisition of Proper~y. MOVED to ~he Regular Agenda as Item No. 9.A.A. -2- 9122~92 8.F. HQld Harmless Agreement. REMOVED FROM THE AGENDA. 8.G. Selection of Additional Emergency Contractor. The Commission is to consider approval of the selection of Ocean Bay Construction, Inc., as an additional emergency contractor to supply rental equipment and construction crews during emergency situations. Approval is recommended. 8.H. Request for Final P~yment. The Commission is to con- sider approval of a request from RPM Construction Co., Inc., for final payment in the amount of $10,265.43 for completion of the Pompey Park Pressbox project, with funding from Community Devel- opment - Pompey Park Improvements (Account No. 118-1962-554-60.20). Approval is recommended. 8.I. Change Order No. 3/Request for Final Payment. The Commission is to consider approval of a change order in the amount of $13,860.40 to the contract with Ric-Man International, Inc., for plus/minus as-built quantity adjustments on the 16" Transmission and Subaqueous Crossing project and approve final payment in the amount of $38,840.90, with funding from 1991 Water ~.and~Sewer~Revenue ~Bond -~S.E..lst ~.Street from U.S.. 1 - Intra- ~_ ~'-coastal~ Waterway~ (Account No. 447-5174-536-61.41). Approval is recommended. 8.J. Planning and Zoning Board R~Qommendation. The Commis- sion is to consider recommending that the City oppose proposed changes to the Broward County plan to extend the University Parkway. Endorsement is recommended. 8.K. Resolution No. 109-92. Resolution No. 109-92, vacating and abandoning a portion of N.W. 4th Street between N.W. 8th and 10th Avenues, is before the Commission for consideration. Ap- proval is recommended. The caption of Resolution No. 109-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE N.W. 4TH STREET RIGHT-OF-WAY AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE RIGHT- OF-WAY OF N.W. 10TH AVENUE AND ON THE EAST BY THE RIGHT-OP-WAY OF N.W. 8TH AVENUE, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 109-92 is on file in the offi- cial Resolution Book) 8.L. Rg~olution NQ, 10~-92. Resolution No. 101-92, assess- ing the cost for abatement action necessary to remove nuisances on 22 properties located within the City, is before the Commis- sion for consideration. Approval is recommended. -3- 9/22/92 The caption of Resolution No. 101-92 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. 101-92 is on file in the Offi- cial Resolution Book) 8.M. .Resolution No. 102-92. -Resolution No. 102-92, assess- lng the costs ~ for abatement action necessary to demolish an unsafe structure on property located at 414 S.W. 2nd Street, is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 102-92 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 RESOLUTION, 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. 102-92 is on file in the offi- cial Resolution Book) 8.N. Resolution No. 103-92. Resolution No. 103-92, assess- ing the costs for abatement action necessary to board up an unsafe structure on property located at 138 S.W. 1st Avenue, is before the Commission for consideration. -4- 9/22/92 The Caption of Resolution No. 103-92 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 RESOLUTION, 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. 103-92 is on file in the offi- cial Resolution Book) 8.0 THIS ITEM~WAS REMOVED~FROM THE~AGENDA. 8.P. Request to Hold a Special Even%. The Commission is to consider a request from the Chamber of Commerce to hold the 5th Annual Harvest Festival on November 14 and 15, 1992. Approval is recommended. 8.Q. Resolution No. 104-92. Resolution No. 104-92, assess- ing the costs for abatement action necessary to remove junked or abandoned vehicles from four properties located within the City, is before the Commission for consideration. Approval is recom- mended. The caption of Resolution No. 104-92 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 OF 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 EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 104-92 is on file in the offi- cial Resolution Book) 5 9/22/92 8.Ro AWARD OF BIDS AND CONTRACTS. 1. MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A.A. 2. Path Resurfacing and Construction - Municipal Golf Course - Whiteside Construction, Inc., in the amount of $69,140.50 with funding from Municipal Golf Course - Other Improvements (Account No. 445-4761-572-63.90). 3. Landscape Maintenance - Atlantic Avenue Phases I and II - Tare Landscaping in the amount of $14,465 with funding from Beautification Trust Fund - Beautification Maintenance Contracts (Account No. 119-4144-572-33.49). 4. Gravity Sewer System Modifications - Veteran's Park-Dutch Construction Company, Inc., in the amount of $35,732 with funding from Water and Sewer Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 5. MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A.A.A. 6. (BOTH ITEMS) MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A.A.A.A.A. 7. Hurricane Shutters - Public Works Complex - Wrono Enterprises, Corp., in the amount of $23,998 with funding from Environmental Services -.Buildings (Ac- .count No.~001~3111-534-60.31) and Water and Sewer Fund - Buildings (Account No. 441-5161-536-60.31). 8. Annual Bid Award - Fertilizer and Chemicals - Multiple Awards to low responsive bidders as listed in the staff report - in an estimated annual cost of 8121,687, with funding from Golf Course Gardening Supplies (Account No. 445-4714-572-52.26) and Parks Maintenance - Gardening Supplies (Account No. 001-4131-572-52.26). Dr. Alperin moved for the adoption_ of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5-0 vote. REGULAR AGENDA 9.A. Review of Appealable Land DeyelQpm~ Actions of V~r~- ous Boards. The Commission is to consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period September 8, 1992 through September 18, 1992. Dr. Alperin moved to receive and file the report, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.(8.E.) Resolution No. l10-92/Acquisition of Property. Resolution No. 110-92, authorizing the purchase of certain real -6- 9/22/92 property located at 330 S.E. 3rd Avenue from Carteret Savings Bank for the Habitat for~Humanity program, is before the.Commis- sion for consideration. (This item was inadvertently moved from the Consent Agenda). The City Manager presented Resolution No. 110-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 330 S.E. 3RD AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 110-92 is on file in the offi- cial ResolutionBook) · ~?~.~ Dr. Alperin moved for the adoption of Resolution No. 110-92, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Mr. Mouw moved to reconsider Item No. 8.J. from the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. 'Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.(8.J.) Planning and Zoning Board Recommendation. The Commission is to consider endorsing a Planning and Zoning Board recommendation that the City oppose proposed changes to the Broward County plan to extend the University Parkway. Dr. Alperin suggested that a letter be sent to the County requesting that University Parkway be removed from the five year County Thoroughfare Plan. Dr. Alperin moved that the County be requested to remove the University Parkway Plan from the County Thoroughfare Plan, along with the opposition to the changes to the Broward County plan, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.(8.R.1.) Award of Bids and Contracts. The Commission is to consider an award of contract to A.L. Roarke for Fire/EMS -7- 9/22/92 Records System Software - Fire Department - in the amount of . $17,000,~ with ~funding from Fire~ Computer Equipment/Installation~ (Account No. 001-2311-522-60.57). Assistant City Manager Barcinski responded to a ques- tion by Mr. Randolph regarding the inflated price of $40,000 in his backup memo dated September 17, 1992, by stating that if the contract should be bid today, it would be $40,000, but A.L. Roarke is honoring the $17,000 as originally bid. Mr. Randolph move~ for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.(8.R.5.) Veteran's Park Redevelopment. The Commission is to consider an award of contract to Dutch Construction Company in the amount of $440,069 which includes Alternates 1, 2 and 3, with funding from 1987 Utility Tax - Veteran's Park (Account No. 333-4151-572-61.42), General Construction Fund - Redevelopment Veteran's Park (Account No. 334-4126-572-61.63) and Decade of Excellence~Bond Issue (Account No. ~225-4126,572-61.63). Mr. Mouw stated the $440,069 (includes Alternates 1, 2 and 3) does not agree with the backup material in the amount of 8440,059; it also states that $440,059 includes Alternates 2 and 3, but not Alternate 1. The City Manager stated Alternate 1 is the additional parking on the north side of the park, at a cost of $1,300; the recommendation from staff was to award, with Alternates 2 and 3. Mr. Mouw moved to award the Veteran's Park development to Dutch Construction Company in the amount of $441,359, includ- ing Alternates 1, 2 and 3, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.A.A.A.A.A.(8.B.) Acceptance of Grant Funding. The Commission is to consider accepting a grant in the amount of $25,000 from the Palm Beach County Sports Authority to help defray the City's expenses associated with the Virginia Slims Tennis Tournament and authorize Mayor Lynch to execute the associated grant agreement. The City Manager stated that the City Attorneys have negotiated a number of extensive changes in the agreement and, upon discussion, it has been agreed to return this item to the agenda of October 13, 1992. 9.A.A.A.A.A.A.(8.R.6.) Currie Commons P~rk Redev~lopm~n~ and Miller Field Expansion - AGB Capital PropertiesJ Inc. as follows: 8 9/22/92 Currie Commons Park. The Commission is to consider approval of the, Redevelopment of ~Currie~ Commons Park in the. amoUnt of $312,200 with funding from 1987 Utility Tax - Currie Commons (Account No. 333-4151-572-61.41) and Decade of Excellence Bond Issue - Redevelopment of Currie Commons Park (Account No. 225-4146-572-61.64). Mr. Andrews questioned if the City is over/under budget on this project and what is being funded from each of the ac- counts. The City Manager responded that it is within budget and he can have a breakdown later in the meeting if the Commission would like to proceed. Miller Field. The Commission is to consider the expan- sion of Miller Field in the amount of 8603,366 with funding from 1987 Utility Tax - Miller Park (Account No. 333-4151-572-61.40) and Decade of Excellence Bond Issue - Miller Field South 10 acres (Account No. 225-4166-572-61.62). Mr. Andrews posed the same question for this item and the City Manager stated he would have the information later in the meeting. Mr. Andrews requested that these items be tabooed ~ ~.~iuntil~ tater~±n,~the~meeting. Mr. Randolph questioned the time frame with regard to commencement of work on these two parks. Digby Bridqes, Archi- tect, responded that work will commence in approximately two weeks. At this point, Joe Safford, Finance Director, advised that $227,000 was funded under the Decade of Excellence; $181,500 was funded under the Utility Tax for a total of $408,500, which includes money for design work for the Currie Commons Park project. Mr. Safford stated, in reference to Miller Field, funding in the amount of $270,000 in Utility Tax and $368,000 in the Decade of Excellence resulted in a total of $638,000, the amounts budgeted in the Capital Improvement program and, since they are being combined, some shifting of funds may occur. Mr. Andrews moved for approval of Item No. 8.R.6., subject to complete documentation of the two projects, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.B. Appeal of a Site Plan Review and Appearance Board Deci~iQn. The Commission is to consider an appeal of a Site Plan Review and Appearance Board decision with regard to the signage for Gold Coast Chiropractic which is located in Delray Crossings. Staff recommends denial. -9- 9/22/92 Lula Butler, Director of Community Improvement, stated this is~an~appeal from the decision of ~the Site. Plan Reviews. and Appearance Board, citing this will set a precedent. David Schmidt, representing the applicant, Dr. Douglas Manolakos, stated that, due to the location of the business, most of the people coming into the shopping center will be unaware that the business is there. During a tour of the City, he found numerous situations in other shopping centers that have the exact signage, in similar locations, which he itemized. Therefore, he feels the precedent has already been established. Upon a request for verification, Lula Butler responded that the Master Sign Program could accommodate this signage; however, this was the choice of SPRAB. Discussion followed. Dr. Alperin moved to deny the appeal, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. . ~..B.i.(9.N.~)~.i~Settlement' Offer~ ~he-Commission is to .consider ~an'.offer ~of. se.ttlement in ~the Prescott ~vs. the City of Deli~y Beach litigation. Assistant City Attorney Tolces stated Mr. Prescott was cited by the Code Enforcement Board as having an excess number of flags and illegal ornamentation on his building during holidays, .so he filed a suit against the City. An offer of settlement has 'been received from Mr. Prescott's attorney, proposing that the City agree to revise the ordinance to the agreement of Mr. Prescott to the extent that the City pay the attorney fees in the amount of $3,500 and clear Mr. Prescott from all past Code En- forcement violations. The City Attorney advised the problem now with the proposed settlement is that the City has no agreement from Mr. Prescott and his attorney on an acceptable ordinance. If this matter is to be settled, it is necessary to adopt an ordinance that Mr. Prescott and his attorney will not challenge on an upcoming holiday. It is his recommendation that the Commission den~ the settlement offer. Mr. Andrews moved to deny the settlement offer, second- ed by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - No. Said motion passed with a 3 to 2 vote. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agen- da. PUBLIC HEARINGS -10- 9/22/92 10.A. RESOLUTION NO. 106-92. Resolution No. 106-92, levying a tax on all properties within the City of Delray Beach, is before the Commission for consideration. Approval is recommend- ed. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 106-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 106-92 is on file in the offi- cial Resolution Book) The City Attorney read the entire resolution. A 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. The public hearing was closed. Mr. Randolph moved for the adoption of Resolution No. 106-92, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.B. Resolution No. 107-92. Resolution No. 107-92, levying a tax on all properties within the Downtown Development Authority Taxing District, is before the Commission for consideration. Approval is recommended. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 107-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVEL- OPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (Copy of Resolution No. 107-92 is on file in the offi- cial Resolution Book) The City Attorney read the entire resolution. A public hearing was held having been legally advertised in compliance -11- 9/22/92 with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw questioned if the election has been held which was to expand the entire Downtown Development Authority to the north and somewhat to the south. The City Manager responded that the deadline on that election is June of 1993 and as yet that has not been held. Mr. Mouw requested clarification that the expand- ed area will not be taxed, to which the City Attorney replied that it will not. Mr. Randolph moved for the adoption of Resolution No. 107-92, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. Resolution No. 108-92. Resolution No. 108-92, making appropriations of sums of money for all necessary expenditures of the City from October 1, 1992 to September 30, 1993, is before the Commission for consideration. Approval is recommended. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 108-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1992, TO THE 30TH DAY OF SEPTEMBER, 1993; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCON- SISTENCY. The City Attorney read the caption of the resolution. A 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. The public hearing was closed. The City Manager stated he would like to respond to three budget-related inquiries from the first hearing. The first was an explanation of the accomplishments of the City lobbyist; two of the major items included the CRA Bill, which was passed, allowing the CRA to sell or lease land at less than the fair market value, if it is determined to be in the best interest of the public; the DDA Bill was passed to extend the election date -12- 9/22/92 to June of 1993. There were several other state-wide bills such as providing a mechanism for local governments to offer ad valo- rem tax relief for historic properties; an amendment to the Whistle Blower Act that was felt could have been very damaging to municipal governments; another bill on local improvements, pro- vided additional projects that could be funded by assessments and allowing other tax improvements to be accomplished, subject to referendum, and there was a bill providing some funding for training of school crossing guards. There were also bills that would have been damaging to the City, which the lobbyist worked on just as diligently. The City Manager commented that other questions con- cerned the total cost to the average homeowner for all the in- crease in fees such as water, sewer and garbage. Part of the increased fee for garbage is due to the Solid Waste Authority shifting some of their charges for collection by changing tipping fees. The end result is that the City fees increase and the fees of the Solid Waste Authority decrease. The total increase for the City for the three items is $37.56 a year for an average homeowner. There is also a $16.44 decrease from the Solid Waste Authority, .resulting in.a~net.~increase of 821.12 per year for the average homeowner. The City Manager gave rates of other municipalities with regard to charges for dockage fees, including utilities. He feels the City of Delray charges an average fee for the service. Debbie Best, City of Delray Marina, thanked the City Manager for his information regarding her inquiry. She presented a compilation of facts the residents of the Marina had gathered from Deerfield Beach to the south and West Palm Beach to the north. Upon question prior to the meeting, she learned that the Marina Revenue Account currently holds $120,000 and an additional $55,000 will be earned from marina operations this fiscal year; therefore, the residents feel that the dockage increase is unjus- tified and burdensome. She also understands that enough surplus revenue has been accumulated to allow a sum of $100,000 to be transferred to the tennis facility account, as proposed in the figures she received from City Hall. It is the feeling of the residents that the increase is unjustified~ for the meager servic- es provided by the City. She requested that the Commission review the Marina and the fact sheet she distributed and delete it from this Resolution that is to be adopted tonight. Robert Rilling, resident of the Marina, stated that all of the marinas he has previously resided in supplied individual garbage containers, they were emptied daily and it was never a problem such as the one that exists at the Delray Beach Marina. The City Manager recommended holding the rate increase in abeyance until such time as these problems can be resolved. -13- 9/22/92 Mr. Mouw moved for the adoption of Resolution No. 108-92, with the provision that the rate increase on the dockage at the City Marina be withheld until such time as the proper improvements are made, at which time it will be reconsidered by the Commission, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. /O.D. Ordinance NQ, 32-92. Ordinance No. 32-92, amending Chapter 52 of the Code of Ordinances to provide for a decrease in the customer and capacity charges for both residential and non- residential water customers, both inside and outside the City, to increase the commodity charges per 1,000 gallons of water con- sumption and amending Subsection 2.4.3(K)(5)(a) of the Land Development Regulations to provide for the correct code refer- ence, is before the Commission for consideration on Second and FINAL Reading. City Manager recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. .The City Manager.presented Ordinance No. 32-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES", SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTHLY RATES" TO PROVIDE FOR A DECREASE IN THE CUSTOMER AND CAPACITY CHARGES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, AND TO INCREASE THE COMMODITY CHARGE PER 1,000 GALLONS OF WATER CONSUMPTION; BY AMENDING SECTION 2.4.3(K)(5), "USER FEES" OF THE LAND DEVELOPMENT REGULATIONS OF THE CiTY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 2.4.3(K)(5)(a) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.3(K)(5)(a) TO PROVIDE FOR THE CORRECT CODE REFERENCE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 32-92 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -14- 9/22/92 Dr. Alperin moved for the adoption of Ordinance No. 32-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. Ordinance No. 33-92 Ordinance No. 33-92, amending Chapter 54 of the Code of Ordinances to provide for an increase in the capacity and commodity charges, for both residential and nonresidential/commercial sewer customers, both inside and out- side the City, to decrease said residential and nonresiden- tial/commercial sewer customer charge and amending Section 2.4.3(K)(5)(c) of the Land Development Regulations to provide for the correct Code reference, is before the Commission for consid- eration on Second and FINAL Reading. City Manager recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 33-92: i AN.?ORDINANCE~.OF~.THE~.~CITY~'~COMMISSION OF THE ~CITY OF DELRA¥ BEACH,.FLORIDA, AMENDING TITLE V, "PUBLIC WORKS' CHAPTER 54, "SEWERS", SUBHEADING "RATES ~ND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION (B), TO PRO- VIDE FOR AN INCREASE IN THE CAPACITY AND COMMODITY CHARGES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, AND TO DECREASE SAID RESIDENTIAL AND NONRESIDEN- TIAL/COMMERCIAL CUSTOMER CHARGE; BY AMENDING SECTION 2.4.3(K)(5), "USER FEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 2.4.3(K)(5)(c) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.3(K)(5)(c) TO PROVIDE FOR THE CORRECT CODE REFERENCE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-92 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 33-92 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; -15- 9/22/92 Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.F. Ordinance No. 43-92. Ordinance No. 43-92, amending Chapter 51 of the Code of Ordinances to provide for increased garbage and trash service charges and fees for residential ser- vice and commercial service, to provide for an increase in the fee for residential customer recycling service and to provide for fees for separate vegetation collection service, is before the Commission for consideration, on Second and FINAL Reading. City Manager recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 43-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES ~AND~CHARGES",~SECTION 51.~0, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDEN- TIAL SERVICE; TO PROVIDE FOR INCREASED GAR- BAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN IN- CREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; TO PROVIDE FOR FEES FOR SEPARATE VEGETATION COLLECTION SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 43-92 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 43-92 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 10.G. Ordinance No. 44-92. Ordinance No. 44-92, amending Chapter 50 of the Code of Ordinances to provide for an increase in the public service tax on the purchase of electricity from 8.5% to 9.5% and providing for an exemption to residential users only in the amount of 90 kilowatt hours, is before the Commission for consideration on Second and FINAL Reading. City Manager recommends approval. Prior to consideration of passage of this -16- 9/22/92 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 44-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA¥ BEACH, FLORIDA, TO PROVIDE FOR AN INCREASE IN THE PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY FROM 8.5% TO 9.5%; PROVIDING FOR AN EXEMPTION TO RESIDENTIAL USERS ONLY IN THE AMOUNT OF 90 KILOWATT HOURS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 44-92 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Arthur Jackel, resident, stated, on returning from vacation, he was surprised to learn there was to be a possible increase in the utility tax. He suggested that the citizens of Delray Beach be allowed a discount on the purchase of tickets for any and all events that are to be held in the new Tennis Stadium. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 44-92 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Mayor Lynch announced that presentations are forthcom- ing from the Swinton landscape architects and Mr. Andrews would like to make a request and afford them the opportunity to work on an answer prior to their presentations. Mr. Andrews requested that they indicate what item/items in each proposal will be designed in order that the public can ascertain that this is an Historic District and it relates to the town itself. ll.A City Manaqer's Response to Prior Public Comments and Inquiries. -17- 9/22/92 ll.A.1. The City Manager responded to the crime problem in the Pines of Delray East, by stating that there seems to be no pat- tern; however, that area has been added to the extra patrol list and suggested that the City's Crime Prevention personnel contact the residents and initiate a Crime Watch and Citizens on Patrol Programs to assist in dealing with this problem. ll.A.2. The City Manager stated the project and infrastructure at Allamanda Gardens was to be completed in two phases; the first being the water and sewer lines, drainage and construction of the interior road up to the final surface level. The exterior side- walks and the final pavement to the road were to be completed after the housing units were built. That final unit is now under construction and the Commission awarded a contract to the Civil Engineers and Surveyors at the Regular meeting of August 11, 1992 to complete the necessary surveying and data required to con- struct the perimeter sidewalks, complete the road and correct deficiencies to the drainage and swale improvements. The work should be completed by the last of October, 1992. The City Manager commented that there were allegations read _by the~Palm~.Beach i~County~Guardians.~regarding ~sex and race dis- crimination in the Police Department, but there was insufficient information provided to investigate. He explained the status of several allegations, some of which were misinterpreted or misrep- resented. ll.B. Comments and Inquiries on Non-Aqenda Items from the Public, ll.B.1. Patrick Parziale, 1001 Flame Vine Avenue, Pines of Delray, questioned the suggestion of initiating a Crime Watch due to the age of the residents. He suggested closing Flame Vine Avenue, as it has two entrances off Lowson Boulevard. ll.B.2. Lillian Feldman, resident, stated that she objects to the.closing of Flame Vine Avenue at Lowson Boulevard because there are two entrances and feels that there must be other alter- natives. Mayor Lynch suggested that the Police Department be allowed to review this situation and try to find a solution that will be agreeable to everyone. ll.B.3. Wanda Stimpson, Business Agent for IBF&O, representing the blue collar employees of the City, stated she is requesting that the City reconsider the straight time pay for those employ- ees who willingly worked overtime securing City property during preparations for Hurricane Andrew. Many of those employees had not previously had time to protect their homes and property. She feels it is the decent and fair thing to do. ll.B.4. Frank Houston, on behalf of Jay Slavin, read a prepared statement into the record requesting that the Commission consider appointing a female to replace the seat soon to be vacated by Commissioner Andrews. -18- 9/22/92 ll.B.5. Sue Davis, on behalf of the South County Chapter of the National Organization of Women, spoke in support of Verna Cook. She also stated that Ms. Cook's attorney was not aware that the settlement was on the agenda tonight and has requested that this item be deleted. ll.B.6. Ollie Dobson, 907 S.W. 3rd Court, cited numerous situa- tions in which she feels she has been abused by the Delray Beach Police Department for the past fourteen years and she would like someone to take a good look at the system. Mayor Lynch stated he would have it looked into. At this time the Commission returned to the Regular Agenda. 9.C. Presentation/Selection of Consulting Firm/Swinton Avenue. The Commission is to consider presentations, approve the ranking and authorize staff to negotiate a contract for architec- tural services for the Swinton Avenue beautification project. Presentations were given by the four short-listed firms that were~selected and ranked as follows: ~ 1. Kimley-Horn and Associates, Inc. 2. Greenehorne & O'Mara, Inc. 3. Lawson, Noble and Associates, Inc. 4. A. Grant Thornbrough and Associates There was a short question and answer period following each presentation. William Wilsher, member of the Swinton Avenue Task Team, stated one of the things the task team is looking for is a strong landscape architectural lead and the firm should indicate a good understanding of all the projects that are in progress in the City. The task team feels it is also important that the firm be accessible and open-minded to suggestions. Mr. Andrews expressed a desire to award the contract to A. Grant Thornbrough & AssOciates because of the sensitivity shown to the project. The City Manager advised that, under the Consultant Competitive Negotiation Act, it is necessary to rank at lea~t three firms. Following discussion by the Commission, the four firms were ranked. While the City Attorney tabulated the rankings, the Commission moved to the next item. 9.D. Award of Bid for the Tennis Center/Stadium PrQject. The Commission is to consider awarding the bid for construction of the Tennis Center/Stadium Project. -19- 9/22/92 The City Manager stated the City has been planning the tennis center project for more than five years; however, the tennis stadium is another project. Based on bids received, the total cost involved for the two components is estimated at $3,007,250, with $1,209,100 being proposed for the tennis stadium and $1,798,150 proposed for the tennis center. At this time there is no definite figure available for property acquisition consisting of eleven (11) parcels, three of which contain houses. The CRA conducted a study on the appraised value from the tax roll and submitted a figure of $150,000; however, additional money has been placed in that budget. The City Manager stated the lowest bidder for the project, Falkav, Inc., submitted a base bid of $2,465,000. A number of additive alternates and deductive alternates have been recommended, each of which were briefly noted. He also offered a number of recommendations from staff, which included the instal- lation of flagpoles, the mural on the east wall and some land- scape changes. This brings the total bid award to $2,491,863. In response to the question of an updated figure of $3,~000,000 from~.the~original ~$2,500,000, the City Manager stated the CRA is planning to sell bonds for a variety of projects early next year, as they owe the City approximately 82,600,000. His recommendation is that $500,000 be used to supplement the $2,500,000 figure, which can be repaid from the use fees from the stadium. Discussion followed regarding a financial review of the project. The City Manager advised that there are six (6) courts that remain to be built at an estimated cost of $200,000. Mr. Randolph questioned the $25,000 from the Sports Authority, to which the City Manager responded that the $25,000 is to go toward the operating expense of the tournament. Mr. Andrews suggested switching the royal palms and dwarf palms to queen palms and deleting the wall mural at this time. He also expressed concern that the project is 8250,000 over the proposed amount and that the $200,000 for six (6) tennis courts is not included. The City Manager itemized several prob- lems that have arisen regarding lighting, drainage and irriga- tion, totaling approximately $100,000, which was totally unex- pected. Mark Marsh, of Digby Bridges, Marsh & Associates, Architects, stated the cost of the stadium~ has increased about $100,000 due to the installation of 3,000 permanent seats as opposed to using rental seats. He gave a breakdown of the cost of the problems mentioned earlier by the City Manager. Discussion followed with the architect, resulting in a majority consensus to keep the wall mural in. -20- 9/22/92 Mr. Mouw suggested holding the palms out of the base bid, reserving the right to restore them within thirty (30) days or at some specified time; also, to have staff investigate the source of the palms and the City's ability to move and plant them, if this proves to be more economical. Mr. Mouw moved to approve the award of the contract in the amount $2,491,863 to Falkav, Inc.; however, that the palm trees not be awarded in the base bid at this time, with the understanding that they can be restored into the base bid within thirty (30) days and, within the thirty (30) day period, the City investigate other sources of material, movement and planting and make a decision as to who is going to take charge of the palm trees, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.E. ~Qense Aqreemen~/Hiqhbr$dqe Associates and Coastal Partners Limited. The Commission is to consider approving a license agreement with Highbridge Associates and Coastal Partners Limited.for the ~use of ai~portion~.of Canal Street, adjacent to Brandy's Waterside Restaurant, to ~provide for a 'boat dock and associated improvements. Prior to discussion of this item, the City Attorney advised that the results of the ranking of the firms for the beautification of Swinton Avenue was completed. A. Grant Thornbrough was chosen No. 1; Lawson, Noble & Associates, No. 2 and Kimley-Horn & Associates was No.3. Dr. Alperin moved to approve the firm of A. Grant Thornbrough for architectural services for the Swinton Avenue beautification project, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. $~ndr~ Almy, resident, suggested the Commission might consider the following questions at an upcoming workshop. She posed questions regarding decisions on using license agreements as opposed to a standard route through the Planning Department; what criteria is used to make a decision to enter into a license agreement; why does one project receive a license agreement and another not; why is the proposal not presented to the Planning and Zoning Department and why are license agreements not adver- tised.to the public. The City Attorney responded that the license agreement is a right to use, rather than an interest in the real property itself, allows the City some flexibility with respect to control- ling the property and is easier to remove a party from the prop- erty if they have a license agreement versus a lease-hold inter- est. The reason other agreements are noticed is due to the fact -21- 9/22/92 that it is a requirement in the Code of Ordinances of the City. The projects, themselves, frequently do go through the Planning process, but the agreements are between the City Commission and the party in the agreement. Mr. Mouw stated he is opposed to a twenty-five (25) year license agreement to Mr. Handelsman and to whomever he wishes to lease his property. He also objected to the fee of $1,200 per year. Assistant City Attorney Ruby stated the City Attorney's office was approached by the Planning Department regarding the implementation of some type of dock arrangement at Brandy's. Upon meeting, the subject of abandonment or licensing was dis- cussed. It was her recommendation that they appear before the Commission prior to investing time or money on either process. Upon question by Mr. Mouw if the usage of the dock is restricted, Assistant City Attorney Ruby advised that it is not restricted under the license agreement. .... David. Kovacs, ~.Director ~of Planning, gave background .~information explaining how this.license agreement came before the Commission for consideration. If the Commission should approve this license agreement, it would be necessary for the applicant to apply to the Historic Preservation Board for another site plan modification, a COA and proceed through the staff review in order to decide if the temporary dining area could be made permanent. Upon question, Mr. Kovacs stated the usage of the dock is controlled by a permit from the Army Corp of Engineers and is for the use of Brandy's customers. Mr. Mouw questioned who can tie to the dock and for what time length. Mr. Kovacs responded that the Corp permit does not allow dockage overnight; however, it coUld be changed by a modified permit from the Army Corp of Engineers. The City Attorney advised that the City has ordinanc- es that prohibit overnight dockage. The City Attorney stated that it is very clear in the agreement that the City does not have fee simple title to the property, but a right-of-way interest. Arthur Menner, representing Highbridge Associates and Coastal Partners, stated the right-of-way is subject to an ease- ment in favor of the Corp of Engineers for the entire width of the right-of-way, so he feels the property is not as valuable as it would be if the City owned it outright. The limited right that is being gained by this agreement is essentially the right to tie into the anchoring devices for the dock in the City right-of-way. The dock will be constructed entirely in the Intracoastal Waterway. The twenty-five years is the length of the lease the applicant has with the restaurant at that site. -22- 9/22/92 Chris Brown, Director of Community Redevelopment Asso- ciation, stated the CRA is very supportive of placing the dock in front of Brandy's and feel it is an enhancement to the business and the downtown area. He suggested that this item be tabled until the next Regular Commission meeting when a more complete presentation can be made. Upon question by Mr. Mouw, the City Attorney responded that the improvements, according to the license agreement, are owned by the City. Aleda Riley, resident, questioned how many persons are going to be seated, how many boats will be allowed to tie up there and how long will they be allowed to remain. There was a 3 to 2 consensus to approve the docks, but with no more procrastination. Dr. Alperin moved to table this item, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. ~.Randolph - No .... Said.motion passed with a 3 to 2 vote. ~ 9.F. Submission Requirements/WaterfQrd SAD. THIS ITEM WAS DELETED FROM THE AGENDA. 9.G. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.H. Agreement with Palm Beach County/Beach Renourishment Project. The Commission is to consider approval of an interlocal agreement with Palm Beach County which provides the mechanism for the contribution of funds appropriated by the County for Fiscal Year 1992/93 to the shore protection (beach renourishment) project proposed by the City. City Manager recommends approval. The City Attorney stated the major concern is the language in the agreement regarding the enforcement of the City's coastal protection. Mr. Mouw moved that the one-year agreement be signed with the deletion of Paragraph 4.V., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.I. Amendment No. 4 to the Aqreement with Waste Management. The Commission is to consider approval of Amendment No. 4 to the agreement with Waste Management which institutes the "green route" for the separate collection of vegetative materials, updates the rates and charges for services, and eliminates the need for further amendments to reflect future rate changes. City Manager recommends approval. -23- 9/22/92 Mr. Mouw moved for approval of Amendment No. 4 to the agreement with Waste Management, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Manager responded to Mr. Andrews' question regarding the penalty, should the City not adopt this amendment, by stating that the Solid Waste Authority charges $25.00 a ton for separately collected vegetation; where- as, the regular collection dumping is approximately $43.00 a ton, so the higher fee would be charged. 9.J. $~andard License Agreement/Boat Docking. The Commis- sion is to consider approval of a standard license agreement and authorizing the City Manager to approve said agreements to permit temporary boat docking at Veteran's Park. Approval is recommend- ed. Mr. Mouw moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - ~Yes;. Mr..Randolph - Yes; ~iMayor~Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said 'motion passed with a 5 to 0 vote. 9.K. Approval Qf Line of Credit/Sun Bank. The Commission is to consider approval of a Line of Credit in the amount of $5,350,000 from Sun Bank to finance the Tennis Stadium/Facility and Beach Renourishment projects. City Manager recommends ap- proval. Mr. Mouw moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.L. Change Order No. 8/Elkins Constructors. Inc. The Commission is to consider approval of a change order in the amount of $32,059.49 for miscellaneous changes required in .con- junction with the Water Treatment Plant Lime Softening Conversion project, with funding from 1991 Water and Sewer Revenue Bond Construction - Buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. Dr. Alperin moved for approval of Change Order No. 8, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.M. Service Authorization No. 11/ Hazen and Sawyer. P.C. The Commission is to consider approval of a service authorization in the amount of $35,000 to the contract with Hazen and Sawyer, P.C. for engineering services necessary to complete the City's National Pollutant Discharge Elimination System Part 2, permit -24- 9/22/92 application, with funding from Storm Water Utility Fund - Con- sulting (Account No. 448-5411-538-33.15). City Manager recom- mends approval. Dr. Alperin moved for approval of Service Authorization No. 11, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.0. Appointment to the Board of Construction Appeals. The Commission is to consider the appointment of a member to the vacant architect position on the Board of Construction Appeals to a term ending August 31, 1993. Mr. Randolph moved to nominate Roy Simon as a member to the Board of Construction Appeals, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.P ..... ~ .~Discussion'~Reqardinq Public Schools in Delray Beach. The Commission is to,~consider a discussion of Public Schools in Delray Beach. Dr. Alperin stated he spoke with a neighbor who wanted to place his home on the real estate market and was told, on two separate occasions, that the real estate company would have difficulty selling his home due to the quality of the schools in Delray Beach. He feels a letter should be sent to both real estate companies, Coldwell Banker and Gimelstob, expressing the displeasure of the Commission in the performance of their real- tors and instruct them to give out appropriate information. He suggested having the Education Board sponsor a tour of all the schools for the realtors. Mayor Lynch stated he feels the Com- mission should have something in writing from the neighbor, so as not~ to appear acting on hearsay. Kathryn Sloan, Chairperson on the Education Board and a realtor, stated she would like to personally attend a Board breakfast for the Board of Realtors and encourage the distribu- tion of the brochures prepared by the Education Board, as they are not being marketed in the manner intended. 9.Q. Scheduling of an Impasse Resolution Hearing. The Commission is to consider selecting a date to hold an impasse resolution hearing on the City's collective bargaining agreement with the International Brotherhood of Firefighters and Oilers. The City Attorney stated the City declared an impasse at the September 16th bargaining session. At that time it was recommended that the Special Master proceeding be waived because there are two issues concerning wages and workers' compensation and it was felt unnecessary to expend time and effort on a Spe- -25- 9/22/92 cial Master opinion on those issues. Ms. Stimpson, Business Agent for IBF&O, agreed to waive the Special Master proceeding. This item has been placed on the agenda in order for the Commis- sion to schedule a hearing so a contract can be put in place as expeditiously as possible. However, yesterday he received a call from Ms. Stimpson, who advised that their position has been reconsidered and she is reneging on her verbal waiver. It will be approximately two months before these issues can be brought before the Commission for consideration. 9.R. $~t~lement Offer. The Commission is to consider an offer from Verna Cook in the amount of $100,000 to settle pending litigation against the City. City Attorney recommends denial. The City Attorney stated this settlement offer was received in the City Manager's office on September 16, 1992. At that time he spoke with Mr. Klein indicating that he would place it on the agenda, because there was a specific demand of $100,000. Mr. Klein responded that he would like that to occur. The City Attorney feels there is no need to review or discuss this and that the amount is outrageous. Mr. Mouw moved to deny the settlement offer, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes~ Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.S. Aqre~ment with Palm Beach County. The Commission is to consider an agreement with Palm Beach County for the development of a wellfield at Morikami Park. Approval is recommended. The City Attorney advised new language has been negoti- ated concerning the City's indemnification with respect to their pollution. The City is now policing them from liability, but will not be responsible to other parties for their pollution, which was formerly a concern. Mr. Mouw moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.T. City Attorney's Office Budqet. The Commission is to consider approval of an expenditure bud3get and authorize the City Manager to identify a funding source to supplement the City Attorney's Office budget for Fiscal Year 1991/92 in order to cover outside counsel and other professional services expenses. Mr. Mouw moved for approval of additional funding in the amount of $67,000, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to ! vote. -26- 9/22/92 ~IRST READINGS 12.A. Ordinance No. 47-92. Ordinance No. 47-92, amending the Land Development Regulations with regard to modification of the SAD extension provisions to accommodate the Marina Cay SAD, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. The City Manager presented Ordinance No. 47-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.25(C)(3), "ESTAB- LISHMENT'', TO ALTER THE CRITERIA FOR ESTAB- LISHMENT OF A LARGE SCALE MIXED USE SPECIAL ACTIVITIES DISTRICT; BY AMENDING SECTION 4.4.25(I)(5) TO CHANGE THE DATE OF EXPIRATION FOR THE MARINA CAY SAD TO AUGUST 22, 1995; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING ~CLAUSE~,i~AND~ANi~EFFECTiVEDATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 47-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. ! 12.B. Ordinance No. 49-92. Ordinance No. 49-92, amending the Future Land Use Map from Recreation and Open Space to Commercial Core for a portion of the Veteran's Park parking lot, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. The City Manager presented Ordinance No. 49-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PORTION OF THE VETERANS PARK PARKING LOT AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, FROM "RECREA- TION AND OPEN SPACE" TO "COMMERCIAL CORE"; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-CRC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -27- 9/22/92 Mr. Randolph moved for denial of Ordinance No. 49-92 on First' Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 50-92. Ordinance No. 50-92, rezoning a portion of the Veteran's Park parking lot property from CF (Com- munity Facilities) district to CBD (Central Business District), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. The City Manager presented Ordinance No. 50-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE; SAID LAND BEING A PORTION OF THE VETERANS PARK PARKING LOT AS THE SAME IS MORE PARTICULARLY DESCRIBED i HEREIN;. ANDi~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. Dr. Alperin moved for denial of Ordinance No. 50-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.D. Or~in~nc~ NO, 46-92. Ordinance No. 46-92, rezoning a portion of the Linton International Plaza property in conjunction with the establishment of a Checkers Restsurant from PC (Planned Commercial) to GC (General Commercial), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October I3th. Planning and Zoning Board recommend approval, with a vote of 6 to 1. The City Manager presented Ordinance No. 46-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PORTION OF TRACT "A", LINTON INTERNATIONAL PLAZA PLAT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, -28- 9/22/92 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. Mr. Andrews moved for the adoption of Ordinance No. 46-92 on First Reading, seconded by Mr. Mouw. Dr. Alperin expressed concern regarding the zoning and the fact that it is an out parcel; and, he feels that the hazard- ous traffic situation at that intersection is going to be accen- tuated if this project is approved. He also questioned the fact that it appears there should be an additional paved lane but this has never been completed. Mr. Kovacs stated that is the respon- sibility of Ocean Properties. Discussion followed. Mr. Andrews withdrew his motion, Mr. Mouw withdrew his second. ~ Mr. Mouw.moved for the adoption of Ordinance No. 46-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph'~ Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. Dr. Alperin requested that staff investigate the addi- tional lane and why it has not been finalized. 12.E. Ordinance No. 45-92. Ordinance No. 45-92, rezoning and placing land presently zoned RM (Multiple Family Residential) district in R-1AA (Single Family Residential) district, said land being all of the plat of Simmons Cay located on the west side of State Road A-l-A, just south of Vista Del Mar Drive, is before the'Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. Approval is recommend- ed, subject to the findings and recommendations of the Planning and Zoning Board. The City Manager presented Ordinance No. 45-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL) DISTRICT IN THE R-iAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING ALL OF THE PLAT OF SIMMONS CAY, AS RECORDED IN PLAT BOOK 69, PAGE 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTION OF THE PLAT OF OCEAN CAY, AS RECORDED IN PLAT BOOK 50, PAGE 59, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DE- -29- 9/22/92 SCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRA¥ BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 45-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.F. Ordinance No. 48-92. Ordinance No. 48-92, amending the Land Development Regulations by amending Section 4.4.15 "Planned Office Center (POC) District", Subsection (G), "Supplemental District Regulations", to provide that the first ten feet of the front yard setback adjacent to a right-of-way shall be a land- scape area, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 13th. Approval is recommended, subject to the findings and recommenda- tions of the~Planning~and.Zoning Board. The City Manager presented Ordinance No. 48-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT" SUB- SECTION (G), "SUPPLEMENTAL DISTRICT REGULA- TIONS'', TO PROVIDE THAT THE FIRST TEN FEET OF THE FRONT YARD SETBACK ADJACENT TO A RIGHT- OF-WAY SHALL BE A LANDSCAPED AREA; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 48-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquirie~ on Non-Agenda Items. 13.A.1. Dr. Alperin questioned if there is an ordinance or Code requirement that could demand the cleaning of structures along the 6th fairway of the Municipal Golf Course. Mr. Andrews com- mented there are more violations south of the 4th hole. 13.A.2. Mr. Mouw stated that he will be unable to attend the meeting of October 13th and questioned if the meeting could be -30- 9/22/92 rescheduled for October 20th. The City Manager advised that a Workshop has been rescheduled on that date. Mayor Lynch an- nounced that he will be out of town for the meeting of October 27th. 13.A.3. Mayor Lynch questioned if the City is continuing its patrol of the parking violations at the flea market in the Dixie Boulevard area. 13.A.4. Mayor Lynch commented that he feels the idea of a disqount for senior citizen tickets at the tennis facility has merit~ as long as it is used on the inside. The City Attorney stated that is completely under the control of Liddun Interna- tional. 13.A.5. Mr. Andrews stated he would like to institute foreclo- sure proceedings on Drexel Properties at 189 Linton Boulevard for landscape code violations which date back to 1989. This fine continues to build and has reached a total of 86,500. The City Attorney stated this should be brought before the Code Enforce- ment Board, as they are the only body that has control over that process. 13.A.6. Mr. ~Andrews requested a date certain on the Sign Code update. 13.A.7. Mr. Andrews questioned the status of the cleaning and repaving of N.E. 14th Street between N.E. 2nd and 3rd Avenues. 13.A.8. Mr. Andrews expressed the feeling that the CRA should be directed to buy the two lots on North Swinton; both lots are unsightly and sends the wrong message for the entire block. 13.A.9. Mr. Andrews requested a legal opinion on the City's position regarding flags in public rights-of-way. Upon question, the City Attorney advised the City can make a statement for their right. 13.A.10. Mr. Andrews requested a legal opinion regarding the validity of keeping the DRI on the Delint project and what the consequences are for those issues that have not been followed through. The City Attorney stated that it is the recommendation of staff for a continuation of the process that is currently in progress; two alternatives that have been identified are as follows: 1) to continue with the Code Enforcement process where- in an extension was granted for their compliance until December 28, 1992; the City could request a reconsideration, or 2) it can be dismissed and the City could go for an injunction. 13.C.1. The City Manager stated the City had one employee that was recalled to active military duty after Hurricane Andrew and he is requesting approval from the Commission to supplement his wages, i.e., the difference between his military pay and the City -31- 9/22/92 pay for the length of time he was required to be away 'from the City. The Commission concurred. 13.C.2. The City Manager responded to a question regarding the overtime wages by commenting that the City paid the employees of the IBF&O time and one-half for working on Sunday. If those employees were scheduled to work on Monday, the first eight (8) hours were straight time and anything over eight (8) hours was time and one-half. Mayor Lynch declared the meeting adjourned at 11:45 P.M. Ci~ty Cle~ ' ' ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of September 22, 1992, which minutes were formally approved and adopted by the City Commission City 'C l~rk NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involVe some amendments, additions or deletions to the minutes as set forth above. -32- 9/22/92