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11-20-90SpMtg NOVEMBER 20, 1990 A Special 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 7:30 P.M., Tuesday, November 20, 1990. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Mayor Lynch called the meeting to order and announced this meeting has been called for the purpose of the following: 1. Ordinance No. 52-90. Ordinance No. 52-90, adopting Amendment 90-1 to the Comprehensive Plan, is before the Commission for considera- tion on Second and FINAL Reading. (Public Hearing was held on November 13th and the adoption on Second and FINAL Reading was continued to November 20th). Approval is recommended. The City Manager presented Ordinance No. 52-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 90-1 PURSUANT TO THE PROVISIONS OF THE "COUNTY AND MUNICIPAL PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES CHAPTER 163; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-90 is on file in the official Ordi- nance Book) Mr. Andrews moved for the adoption of Ordinance No. 52-90 on Second and FINAL Reading, 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. Before roll call, David Kovacs, Planning Director, stated, for the record, this is the amended package that was presented to the Commission on First Reading, modified to include the non-deletion of the Snorkel Park policies and the five year schedule of Capital Improve- ments. At this point the roll was called to the motion. 2. License Agreement - Comcast Cable Television. The Commission is to consider a request from Comcast Cable Television to use publicly dedicated rights-of-way lying within the City limits to provide cable service to customers outside the City, specifically to the Las Verdes Subdivision. The City Attorney stated there is a License Agreement before each Commissioner. What has been agreed to, over and above that which is included in each package, is a one-time fee increase to $3,000. Jim Vance, Attorney from West Palm Beach, representing Comcast, stated he is present to request the laying of a trunk line through a part of the City. There is no service involved; it is simply to save Comcast time and effort in getting from one part of their franchise system in the County to another. Arrangements will be made with Florida Power and Light and Southern Bell to install the trunk cable on their poles. Comcast has a proposed License Agreement whereby they have agreed to hold the City of Delray harmless for any damage, replace anything that might be dug up and to add additional insurance coverage. Because of some concern regarding space being available on the poles, he requested that Comcast take snapshots of various poles along the pro- posed route and presented the Commission with a drawing of the path of construction. David Baker, Attorney for Leadership Cable, the oldest cable television franchise operating in the City, stated he feels this is an issue of money as opposed to time and effort. There are poles that must be increased in height in order to accommodate all the Comcast lines. If National puts cables on these poles, as they are entitled to do to serve the residents of the City of Delray, or if Leadership needs to install additional lines, they will have to expend a substantial amount of money to make these poles available to the additional cable. In addition, if they upgrade or change the service to fiber optics, it will be necessary to lay a parallel cable on the poles while the other cable is kept in service. So it is quite possible that, in the future, they will need dual cables on the poles for a certain period of time. He feels it is a valuable right the City needs to reserve for those compa- nies who are presently providing service to the residents of the City of Delray. Upon question by Mayor Lynch as to whether Leadership goes through any other cities, and if so, what Mr. Baker considers a reason- able fee for that privilege, Mr. Baker stated that Leadership Cable passes through Briny Breezes on A-l-A, going from Gulfstream to Ocean Ridge, but he did not know the amount of the annual fee. Michael Weiner, representing National Cable Company, who also serves the City of Delray Beach, stated he feels the Agreement is deficient and that the Commission should take a careful look at what the City is giving up on behalf of the residents of the City. Once those lines are granted, there is no way of knowing exactly what those lines will be used for or who is being served. Melvin Bijou, Plant Manager for Comcast Cable, stated he feels good points have been made tonight regarding space on poles, but feels -2- 11/20/90 more thought could be directed toward the engineering side of this project. Dr. Alperin stated he would like to hear from a representative for Florida Power and Light. He also expressed concern regarding the one-time fee. Mr. Randolph commented he, too, has a problem in making a decision without representation from Florida Power and Light and South- ern Bell, the owners of the poles in question. Upon question by Mr. Randolph, Mr. Vance stated the main concern of both companies is gener- ating additional income from the poles. They are paying the City a franchise fee which permits them to not only string the wire but, sublet to other people. Mr. Andrews stated he would be willing to have the City Attor- ney and Comcast discuss a lease situation relative to the space alloca- tion on the poles that would be cost effective for a limited period of time. Mayor Lynch stated he would consider this only on the basis that it would be a yearly fee and would be adjustable in order to determine what the real value is. Rita Naron, 2945 S.W. 22nd Avenue, questioned if this would require construction of an aboveground switching station. Mr. Bijou responded that it will require the same type of amplifier as Cable Television. Dr. Alperin moved for denial of the request from Comcast, 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. 3. Resolution No. 112-90. Resolution No. 112-90, opposing an effort by the Palm Beach County Board of County Commissioners to make all County ordinances relating to environmentally sensitive lands applicable and enforceable within municipal boundaries, is before the Commission for consideration. The City Manager presented Resolution No. 112-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, OPPOSING AN EFFORT BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO MAKE ALL COUNTY ORDINANCES RELATING TO ENVIRONMENTALLY SENSITIVE LANDS APPLICABLE AND ENFORCEABLE WITHIN MUNICIPAL BOUNDARIES. (Copy of Resolution No. 112-90 is on file in the official Resolution Book) Mayor Lynch stated all the information he has received from surrounding municipalities indicates they are doing exactly the same thing. -3- 11/20/90 Mr. Randolph moved for the adoption of Resolution No. 112-90, seconded by Dr. Alperin. 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. Mayor Lynch declared the meeting adjourned at 8:06 P.M. ' Cit~ Clerk 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 November 20, 1990, which minutes were formal- ly approved and adopted by the City Commission on Q~l~3~ /~g/ · ~ City C~rk ! 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. -4- 11/20/90