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12-11-90 DECEMBER 11, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, December 11, 1990. 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 Deputy Vice-Mayor Andrews. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch requested Item No. 6D be moved to the first Item under Presentations. On the Item under Presentations, the CRA requested making the presentation. On Item No. 11, Mayor Lynch requested Item A and B be switched. Dr. Alperin moved approval of the agenda as amended, 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. 5. Approval of Minutes. None 6. Proclamations. A. Mayor Lynch read and presented a proclamation commending Jose Antonio Cordero, Elizabeth B. Shealy and Amy E. Jones for their life saving actions which were in the highest and best traditions of community service. Fire Chief Kerry Koen, Delray Beach Fire Department, explained how the fire started and commended the above named people for their heroic efforts. B. Mayor Lynch presented a proclamation proclaiming the week of December 16 - 22, 1990 as "Headstart 25th Anniversary Celebration." C. Mayor Lynch read and presented a proclamation proclaiming the month of January, 1991 as "Voluntary Blood Donor Month" and urged all of the citizens to pay tribute to those who donate blood through their local blood center. Mayor Lynch urged citizens in good health to donate regularly and for all civic groups, service and religious organ- izations and businesses to form a blood donor group to provide blood for others. 7. Presentations. (6D) Mayor Lynch presented a proclamation proclaiming October 20 - 28, 1990 as "National Red Ribbon Week." Mayor Lynch summarized the purpose for Red Ribbon Week and how the Commission, Police Department and citizens can work to eradicate the problems occurring from drug abuse. Richard Lincoln, Interim Delray Beach Police Chief, came forward to accept the proclamation, described Community Policing, and informed the citizens how the Police Department will be involving more resources in the future. Mayor Lynch questioned Interim Chief Lincoln about the TIP LINE (243-7839) and asked if it could be published. It is an anonymous line and the Police Department will respond as best they can. Judge Gersten, Administrative Judge of the New County Court- house, stated the Delray Police Department sponsored the First Annual D.A.R.E. Run which is another way the Police Department is fighting the drug problem. Arrests alone do not do the job; education along with D.A.R.E. is the best program n~tionwide. Chief Judge Harley has stated that the Judicial System will do everything they can to assist the communities in enforcing the laws. Jerry Taylor, South County Drug Abuse Foundation, stated the Foundation's pleasure is in the fact that the City of Delray is joining hands with the Foundation in recognizing the drug problem, and helping to take a leadership role in combatting drugs in the community. Kevin Egan and Frank Spence, representing the CRA, thanked Mr. Mouw for all the time and work he did for the CRA, wished him well and presented Mr. Mouw with a plaque. A. Kathy Daley - Draft Legislative Work Program Kathy Daley advised that discussions would be early this year which in turn has pushed all the Committee meetings forward. Most of January will be spent in Tallahassee at COmmittee Meetings and all of February on Appropriations. The Delegation is only meeting two days this year on the local level. All local bills and requests have to be in on January 15, 1991 or January 17, 1991. There is an appropriations request from the Federal Government in the amount of $3.4 million for the Beach Renourishment Project. The only problem is that the Army Corp still has not given the author- ization on this project. The permits are fine, but authorization is needed to extend the program in order to go with the funds. -2- 12/11/90 The next item is the Fire Station. This presentation is being done with the bonds that were passed, but the land for building the fire station needs to be purchased. A $500,000 request to the State Legisla- ture for building the fire station has gone through the Department of Community Affairs and through the Safe Neighborhood Act. It has been agency approved. The next request is from the CRA. This is basically a request from the Department of Community Affairs or Department of Education, whichever one it will be solved under, to purchase the old Winn Dixie site on N.E. 2nd Avenue in order to develop a Palm Beach Community Campus. This is a $3,000,000 request and will take some time. It will be approached from Community Development or Education. Grants have been approved through the State for Old School Square. There are two different grants - a Special Category Grant which is a building grant, and the Cultural Facility Grant, the program which will be housed in the approved building. Direction from the Commission is needed for the DDA. With the session being early this year, January 3 and 4, 1991 is the deadline for local bills to be submitted to the Delegation. It was the consensus of the Commission to support the referen- dum, adding it to the meeting of January 29, 1991 and to delete it if there are any changes. Mayor Lynch requested the City Attorney to add the DDA referen- dum item to the Special Meeting of December 28, 1990. There was a request to receive information prior to that date. Chief Koen requested hazardous waste, being transported through the City and State, be looked into. The bill did not pass last year. This is for rail and highway. Every form of transport is being studied at present and most Cities are joining in and supporting this effort. Ms. Daley stated support will be given to legislation which will allow municipalities to annex those parcels which are surrounded entirely by one municipality. Ms. Daley stated the Palm Beach Municipal League will have its platform done the end of this month, and the League of Cities will have theirs finished in January. Mayor Lynch stated the Commission has concerns with the Munici- pal Leagues and would like to check into some issues the same night as they will be doing the referendum. B. Water Restrictions - South Florida Water Management Dis- trict (Bruce Adams) This item was withdrawn as no one was present to represent it. CONSENT AGENDA -3- 12/11/90 8.A. Authorization to Submit Application. The Commission is to consider authorizing submission of a grant application regarding the 1991 Innovation Award Program/Ford Foundation for the City's After School Program. Approval is recommended. 8.B. Approval of Easement Deed - Fire Station No. 2. The Commission is to consider approval of an easement deed to Florida Power and Light for Fire Station No. 2. Approval is recommended. 8.C. Emergency Repair Services Outside CDBG Target Area. The Commission is to consider waiving the CDBG Policies and Procedures regarding provision of housing assistance to structures within CDBG Target area to allow the provision of an emergency repair outside of the CDBG Target Area. Approval is recommended. 8.D. Contract Amendment No. 2 - Waste Management. The Commission is to consider approval of contract amendment No. 2 to the refuse contract with Waste Management, Inc. Approval is recommended. 8.E. Final Payment - A.O.B. Underground, Inc. The Commission is to consider a request for final payment from A.O.B. Underground, Inc., in the amount of $6,285.53 for the Country Club Acres water main extension. Approval is recommended. 8.F. Settlement of Nuisance Abatement Liens. The Commission is to consider accepting a deed in lieu of foreclosure and $500 in satisfac- tion of the outstanding liens on property located at 216 S.W. 13th Avenue. Approval is recommended. 8.G. Resolution No. 115-90. Resolution No. 115-90, assessing costs for abatement action required to board up an unsafe structure at 109 S.E. 5th Avenue, is before the Commission for consideration. The caption of Resolution No. 115-90 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. 115-90 is on file in the official Resolution Book) 8.H. Resolution No. 116-90. Resolution No. 116-90, assessing costs for abatement action required to board up an unsafe structure at 218 North Ocean Boulevard, is before the Commission for consideration. -4- 12/11/90 The caption of Resolution No. 116-90 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. 116-90 is on file in the official Resolution Book) 8.I. Resolution No. 117-90. Resolution No. 117-90, supporting full participation of the American Industry in the provision of telecommun- ication equipment and service, is before the Commission for consider- ation. The caption of Resolution No. 117-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING FULL PARTICIPATION OF AMERICAN INDUSTRY IN THE PROVISION OF TELECOMMUNICATIONS EQUIPMENT AND SERVICE. (Copy of Resolution No. 117-90 is on file in the official Resolution Book) 8.J. Award of Bids and Contracts. 1. Three (3) 1250 gallons per minute Class A Pumper Fire Engines - Pierce Manufacturing, Inc., in the amount of $540,709 with funding to come from Fire Department/Equipment Other (Account No. 225-2311-522-60.89). Balance $1,046,000. 2. Landscape maintenance on N. Federal Highway, North Congress Avenue and LaMat Avenue - Cole Lawn Service in the amount of $40,245 with funding from Beautification Account No. 119-4144-572-33.49. Balance $187,525. 3. Replacement of defective Turbidity Meters at Water Treatment Plant - H.F. Scientific, Inc., Ft. Myers in the amount of $15,075 with funding from Account No. 444-5164- 536-60.31 ($8 Million Line of Credit) to be reimbursed by Account No. 447-5164-536-50.31 (Proposed 1991 Water and Sewer Revenue Bond.) Balance $250,000. 4. Rental Rehabilitation Program - MJD Construction Company in the amount of $21,179 for rehabilitation of property at 215 N.W. 5th Avenue with funding to come from Rental Rehabilitation -5- 12/11/90 Grant (Account No. 118-1975-554-60.23). Account balance $13,534. 5. Lighting protection for Police/Fire communications system - Motorola C&E, Inc., in the amount of $19,450.91 with funds to come from Public Safety Building fund (Project 338501). Account balance $41,623.20. 6. Fourteen (14) portable radios and accessories for Commu- nity Improvement - Motorola C&E, Inc., in the amount of $11,599.14 with funding to come from Capital Equipment (Account No. 001-2721-524-60.89). Account balance $18,475. Dr. Alperin moved approval of the Consent Agenda, 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. REGULAR AGENDA 9.A. Continuation of Ordinance No. 31-90. The Commission is to consider continuing Ordinance No. 31-90 (Fire Station No. 1 Rezoning) until such time as the city has acquired the entire sale. Approval is recommended. The City Attorney advised a First Reading. Second Reading and Public Hearing process on rezoning has been done on this property. At the time those hearings took place it was felt in mid-December there would be a better idea when the acquisitions would have been done or begun. In the interim the site has changed. With the reduction of the amount of property, this will be a two story building instead of a one story building which will be a significant change in the ordinance. The original reason for putting this off until mid December was to avoid the issue of condemnation of rezoning. At this point in time the condem- nation action has been filed. The hearing date is going to be April 12, 1991. It is somewhat delayed for two reasons: (1) There is a Federal Income Tax lien on some of the property, with a 60 day period in order to answer the complaint; and (2) Judge Colton is retiring effective January 1, and his successor has not been named. The City will be on the new docket. In reply to Mr. Randolph, the City Attorney stated they are beginning to deal with the owners of the property before going to court. Dr. Alperin moved to continue the ordinance until such time as the City acquires the property, seconded by Mr. Randolph. 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.B. Code Enforcement County Court Citations. The Commission is to consider and approve the City's participation in the County Court -6- 12/11/90 Citation (Notices to Appear) process for Code Enforcement Activities. Approval is recommended. Richard Bauer, Code Enforcement Administrator, stated the City has adopted the State Ordinance which gives Code Enforcement Officers the authority to issue County Court citations. When the ordinance was originally enacted we had two penalties; one was $100 and one was $250. Based on discussion with the City Manager and the approval form that Judge Hurley has issued for standard use in Palm Beach County, there are four classes of fines. Code Enforcement would like direction from the Commission as to whether or not they would like to divide the fines into those categories. Mr. Mouw requested an explanation of the rules for violators and stated he is concerned about the usage. Dr. Alperin moved to approve the four categories subject to the City Commission's further review and 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. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Request for Waiver. The Commission is to consider a request from the Arthritis Foundation to waive Code Section 118.27 (C) (3) which provides for an annual registration fee for a charitable organization in the amount of $300.00. Approval is recommended. Prior to consideration a public hearing has been scheduled to be held at this time. 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. Mr. Andrews moved approval of the request for waiver, 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. Mr. Mouw questioned why charitable and non profit organizations are charged a $300 registration fee. Mayor Lynch requested the City Manager put this issue on a workshop in the near future for a possible code amendment. The public hearing was closed. 10.B. Request for Waiver. The Commission is to consider a request from La Pinata Restaurant to waive Section 4.3.4 (h) (6) of the Land Development Regulations which requires a 15 foot setback for signs. The applicant is requesting a 10 foot setback. Approval is recommended. -7- 12/11/90 Prior to consideration a public hearing has been scheduled to be held at this time. 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. Andrews moved to approved the request for waiver, 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. 10.C. Resolution No. 118-90. Resolution No. 118-90, adopting the budget and the rates for the Stormwater Utility, is before the Commis- sion for consideration. Prior to consideration of this resolution a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 118-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGE- MENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO. 21-90 AND 49-90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING THAT UPON ADOPTION OF THIS RESOLUTION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL, THE CITY IS AUTHORIZED TO BILL AND COLLECT STORMWATER MANAGEMENT ASSESSMENTS. (Copy of Resolution No. 118-90 is on file in the official Resolution Book) 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 City Attorney advised that Resolution No. 118-90 should not be voted on until the Assessment Roll is discussed and finalized. The City Manager gave a brief background summation stating that in July, 1990 the City Commission passed an ordinance establishing the Stormwater Utility. The concept was to provide a source of funding for dealing with Stormwater problems and drainage problems. This has been allowable in Florida, by way of Legislation, for about three (3) years. In Delray Beach, the Comprehensive Plan, and work done with respect to the Comprehensive Plan, identifies a lot of drainage work which needs to be done. There is significant drainage work in the Decade of Excel- lence Bond Issue, but there will still remain projects estimated at the planning level in excess of five million dollars that need to be done. All of this needs to be planned out in detail and evaluated further -8- 12/11/90 before anything more is done on it. In addition, the City has the ongoing maintenance of the Stormwater drainage system as well as a lot of smaller problems, such as intersections that flood. These situations may only cost $6,000 or $10,000 or $15,000 to correct, but for various reasons they have not been corrected because the City has not been allocating a dedicated funding source to allow these problems to be taken care of. The major issue that has developed since staff has been working on this, is that the City of Delray Beach is somewhat unusual in that we have a lot of private drainage systems in the City. Two rates have been established for residences: one for single family detached residences and one for condominiums. Single family detached is being recommended at $2.25/month or $27.00 annually; the condominium rate is about $14.00 per year. There are a number of condominiums and Home- owners Associations that have private drainage systems which are not currently being maintained by the City. Staff's recommendation to the Commission in this regard is that the condominiums and Associations that presently own their storm sewer systems transfer them to the City and the City would take responsibility for maintaining them. This is suggested just for the storm sewer systems; not for the streets, swales or other above ground systems. This year the billing for the stormwater utility will be done by the City. Beginning next year, the billing will be included on the property tax bills; it will no longer be billed separately by the City. The proposed rate is $2.25 per month for each residential unit. For things like apartment complexes, shopping centers, parking lots, etc., those would pay $2.25 per month for each equivalent residential unit (ERU); a residential unit is averaged out at about 2,500 square feet of impervious area. Mayor Lynch opened the Public Hearing. Arthur Jackel, Chairman of the United Property Owners of Delray Beach and resident of Rainberry Bay, expressed the opinion that there are some inequities with the tax which must be addressed. Before taxing people, the projects mentioned in the Decade of Excellence bond issue should be started. This tax should be completely restudied before being imposed so that no citizen is unfairly burdened. Robert Feely, representing the owners of Lake Delray Apart- ments, stated that he felt the billing received by lake Delray Apart- ments in the amount of $9,800 as their share of the tax was unfair and had been miscalculated. In speaking with staff, he was informed that the billing was based on impervious area; however, Lake Delray Apart- ments has five acres of water on the property and this area was included in the billing. Mr. Feely also requested clarification as to whether this is a tax or a bill since this will have an impact on whether or not they can raise rental rates pursuant to HUD guidelines. Sanford Fischer, 745 N.W. 24 Avenue in Rainberry Bay, stated that the tax needs to be equal. Rainberry Bay has private roads and storm drainage which is maintained by the association. If the tax needs to be imposed, it should be equal to everybody. Edward Hayes, Pastor of St. John Primitive Baptist Church in Delray Beach, requested that the Commission reverse the Stormwater -9- 12/11/90 utility tax and find other means by which to correct the stormwater problems, as it is creating an undue hardship within the community. C. Spencer Pompey, 1122 N.W. 1st Street, questioned if the stormwater assessment is truly equitable. Hugh Delfs, 277 High Point Court West, stated his objection on the basis of being taxed for areas that they do not live in. Mr. Delfs requested the issue be tabled until such time as the Commission can work out an equitable and just solution for condominiums. Lorraine Kasper, 3000 Spanish Trail, spoke in favor of the stormwater assessment fee. Roger Boos, President of the Delray Place Homeowners Associa- tion at 220 S.E. 10th Street and also one of the partners at Auburn Trace, stated this is a grossly unfair tax put on new developments to subsidize the older developments. Henry Becker, 907 Bond Way, stated his area was annexed into the City about two years ago and still has not received the utility service (water and sewer) which had been promised when they were in the County. He asked the Commission to stay on top of this issue. Neil E. MacMillan, 805 Lake Shore Drive, stated he is repre- senting his wife, two daughters and Ester Butler. He requested a note be made as to his representation of the above mentioned people. Mr. MacMillan reviewed the drainage line items in the Decade of Excellence budget and noted there has been minimal expenditure for this purpose. He felt the money in the Decade of Excellence fund should be expended before imposing a new drainage fee. William Murtha, resident of Delray Beach, stated he, too, has no sewerage or drainage as was promised when his property was annexed, and he felt this tax would put a burden on many people, himself includ- ed. Helen Coopersmith, High Point, stated she would like the Commissioners to consider Mr. Harden's comments accepting private systems, and insure the sewerage and drainage systems will be main- tained. Michael McClure, Pastor of West Park Baptist Church located at 4004 Lake Ida Road, requested stated that his church has been assessed not only by the City for drainage, but also by the Lake Worth Drainage District. He requested that the Commission consider eliminating this tax for religious institutions. Everett Parmiter, beach property owner/resident, stated he felt many of the problems that are occurring are due to poor street design in the first place, and, also, in the past the City has not taken care of things like catch basins. Reverend Gibbons, Lawrence Road, stated drainage should be assessed in the newer areas, and the older areas that don't have -10- 12/11/90 drainage should have it. He also stated his area has been annexed in the City for almost two years and does not have garbage containers. James Driscoll, Christ Missionary Baptist Church, stated that too many taxes are hurting the community. Richard Burnett, Delray Beach resident, expressed the opinion that if the City intends to grow along with the rest of the country, it needs a completely new drainage system. Jean Beer, 945 Tropic Blvd., stated this drainage issue is not something new, it is something that cannot be avoided. Charles Owen, 258 N.E. 22nd Street, questioned where the water in the drainage system would go. The public hearing was closed. Mr. Mouw stated that based on the comments he has heard, he feels the issue needs to be restudied, there are too many unanswered questions at this time. Dr. Alperin stated this issue has to be made as equitable as possible, but no matter what is done, somebody will still feel it is unfair to them. The City is probably in violation of standards already; ignoring the problem or postponing it again will not solve anything. He would like to see this issue dealt with once and for all. Mr. Randolph stated if the City does not attempt to correct some of the drainage atrocities in the City, the City will be in deep trouble in the future. While he wants no more taxes or fees anymore than the next person, stormwater is a must for the City that can no longer be delayed. Mr. Andrews stated the property owners along U.S. #1 are doing more than their fair share; new people coming in and businesses that are redeveloping are taking their fair share, as well as some of the fair share of others. As for the expenditure of Decade of Excellence bond monies, the additional time involved for property study and planning to insure maximum return on the investment will be to the City's benefit. Mayor Lynch stated the tax increase this year is something that was basically passed in 1988 and it is now affecting everybody. Nobody wants to pay more taxes but there are things that have to be taken care of and have to be paid for, either now or later. He stated the stormwater utility fee is reasonable and one which he supports. There is a need to make a better City for the citizens of the future. Mr. Mouw stated he had a concern about the taking over of the stormwater management on private property as a solution to an inequity in the billing; as an example, he questioned if the City is going to maintain the water retention system at the Costco facility. The City Manager replied that the City would not maintain these types of private systems and that in the ordinance creating the utility, there is a credit provision for those properties which have on-site retention. -11- 12/11/90 Also in response to Mr. Mouw, the City Manager stated the proposed stormwater budget, including revenue and expenses, is $1,409,000. The money will go into a separate Stormwater Utility Fund that will be used for the operation and maintenance of the Stormwater system and for related capital projects. Mr. Mouw then questioned if the assessment is to be considered a tax or a fee. The City Manager responded that it is considered a fee because it is based on the amount of runoff generated. In further discussion, Mr. Mouw asked who takes care of stormwater runoff from Stated and County roads within the City limits. The City Manager replied that storm drainage on State roads is the responsibility of Florida's Department of Transportation; on County roads, it is the responsibility of the Board of County Commissioners. 10.D. Stormwater Assessment Roll. The Commission is to consider ratification, confirmation, certification and adoption of the Stormwater Assessment Roll as being correct and proper and in conformity with the Resolution setting forth the budget and rates. Mayor Lynch opened the public hearing. David Klarer, 2425 N.W. 15th Street (Rainberry Bay), stated people are being asked to pay into a fund from which they will get no service, which he feels is a gross inequity. He urged the Commission to accept the City Manager's recommendation to accept private condominium systems. It was the majority consensus of the Commission to accept private systems and maintain them. Sally Murray, representing Lakeview Golf Course, questioned if the lakes on the golf course will be maintained by the City. Michael McClure, Pastor, West Park Baptist Church at 4004 Lake Ida Road, again questioned the assessment against houses of worship. William Murtha, 1202 N.E. 9th Avenue, questioned whether this assessment, with regard to property taxes, would be eligible for income tax purposes. Mayor Lynch advised this would be looked into. Reverend Bristol, New Jerusalem Baptist Church, expressed his concern relative to the issue of taxation on churches. Mayor Lynch stated this would be looked into it. The public hearing was closed. Mr. Mouw moved to table this issue until such time as the Commission has had an opportunity to workshop it in depth in order to come back with recommendations, and preferably to have no other agenda items scheduled for the same meeting; seconded by Mr. Andrews. Mayor Lynch stated he would like to expedite this matter and hopefully have it passed within the month of January. -12- 12/11/90 Dr. Alperin stated he feels the residents will not be happy with the answers they will receive, but will ultimately be satisfied with the outcome. Mr. Randolph stated some of the issues brought up are definite- ly correctable and he would like to have them corrected as soon as possible. Mayor Lynch stated he is definitely supportive of this tax, and would vote to have a special workshop in January, if necessary, in order to finalize the matter. Mayor Lynch requested an amendment to the motion on the floor directing that the matter be agendaed order in the month of January, 1991. Mr. Mouw amended his motion to include the Mayor's request; Mr. Andrews amended his second. 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. The City Attorney suggested this item be placed on the Regular Agenda of January 29, 1991. Mayor Lynch requested a two minute recess. 10.E. Ordinance No. 57-90. Ordinance No. 57-90, correcting the Land Development Zoning Map by changing the zoning in the Old Germantown area (off Georgia Street) from MIC (Mixed Industrial Commercial) District to I (Industrial) District, the Shoppes of Seacrest from RM (Residential Medium Density) District to NC (Neighborhood Commercial) District, Semmie Taylor property, Lot 26, Block 12, from R-1-A (Single Family Dwelling) District to GC (General Commercial) District and the Hess Gas Station (Military Trail) from PC (Planned Commercial) District to GC (General Commercial) District, is before the Commission for considera- tion on Second and FINAL Reading. 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. 57-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASS- IFICATION FOR FOUR PARCELS OF LAND BY REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMER- CIAL) DISTRICT IN I (INDUSTRIAL) DISTRICT, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL) DIS- TRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, -13- 12/11/90 FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. 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 Ordinance No. 57-90, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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.F. Ordinance No. 58-90. Ordinance No. 58-90, amending the land Development Regulations to limit the prohibition of the sale of second hand material within businesses located between North 1st and South 1st Streets to only those businesses lying on Atlantic Avenue, is before the Commission for consideration on Second and FINAL Reading. 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. 58-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT" SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUB- SECTION 4.4.13 (H), "SPECIAL REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARA- GRAPH 4.4.13 (H) (1) TO LIMIT THE PROHIBITION OF THE SALE OF SECOND HAND MATERIAL WITHIN BUSINESSES LOCATED BETWEEN NORTH 1ST AND SOUTH 1ST STREETS TO ONLY THOSE BUSINESSES LYING ON ATLANTIC AVENUE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. 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. Mouw moved for the adoption of Ordinance No. 58-90, second- ed 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. -14- 12/11/90 10.G. Ordinance No. 59-90. Ordinance No. 59-90, amending the Code of brdinances by amending Chapter 52 "Water" to provide for an increase in the various rates and charges associated with water service both inside and outside the City, is before the commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 59-90: 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 "METERS", SECTION 52.16, "TESTING OF METERS" TO PROVIDE FOR AN INCREASE IN THE SUM REQUIRED TO BE DEPOSITED WITH THE CITY TO COVER THE COST OF TESTING ALL THREE-QUARTER INCH THROUGH TWO INCH METERS AND INCREASING THE MINIMUM DEPOSIT AMOUNT REQUIRED FOR TESTING OF METERS THREE INCHES AND LARGER; BY AMENDING SECTION 52.18, "REMOVAL OF METERS WHEN SERVICE DISCON- TINUED; TEMPORARY REMOVAL SUBJECT TO RETROACTIVE BILLS" TO PROVIDE FOR AN INCREASE IN THE SERVICE CHARGE FOR REMOVAL OF WATER METERS; BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES", SECTION 52.31, "CONNECTION CHARGES," TO PROVIDE FOR AN INCREASE OF THE WATER CONNECTION CHARGE FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS AND INCREASING THE VEGETATION WATER METER CONNECTION CHARGE BASED UPON ONE INCH INCREMENTS, OR PORTION THEREOF, IN METER SIZE; BY AMENDING SECTION 52.32, "METER INSTALLATION CHARGE" TO PROVIDE FOR AN INCREASE IN METER INSTALLATION CHARGES, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON METER SIZE; BY AMENDING SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE IN THE "GUARANTEE-OF-PAYMENT DEPOSIT REQUIRED FOR SINGLE FAMILY RESIDENTS,MULTI-FAMILY, NONRESIDENTIAL AND VEGETATION CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY; BY AMENDING SECTION 52.34, "WATER RATES"; SUBSECTION (B), "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN WATER RATES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY BASED UPON CERTAIN CUSTOMER, CAPACITY AND COMMOD- ITY CHARGES TO INCREASE SAID CUSTOMER, CAPACITY AND COMMODITY CHARGES; BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON", TO PROVIDE FOR AN INCREASE IN THE CHARGE FOR EACH TIME WATER IS TURNED ON; BY AMENDING 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS", TO PROVIDE FOR AN INCREASE IN THE CHARGE PER SERVICE CALL FOR ALL SERVICE CALLS MADE AFTER HOURS; BY ENACTING A NEW SECTION 52.39 "OTHER FEES", TO PROVIDE FOR A PROJECT PLAN REVIEW FEE, A PROJECT INSPECTION FEE AND A UTILITY STANDARDS FEE; BY AMEND- ING SUBHEADING "BILLINGS" SECTION 52.52, "RESUMING -15- 12/11/90 SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO PROVIDE FOR A $10.00 PENALTY FOR LATE PAYMENT IN ADDITION TO DELINQUENT CHARGES; BY REPLACING, THROUGH- OUT THE CHAPTER, REFERENCE TO DIRECTOR OF PUBLIC UTILITIES WITH DIRECTOR OF ENVIRONMENTAL SERVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 59-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. 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. Joseph Safford, Finance Director, submitted a presentation on the issue of water rates and surcharges. Jean Beer, 945 Tropic Blvd, stated there is a problem with the conservation surcharge. Elizabeth Matthews, 1024 White Drive, protested the 50% sur- charge, and suggested the Water Department send notices to residents educating them on how to use water properly. The public hearing was closed. Mr. Mouw questioned the rationale for increasing the overall hookup fee and also questioned if the old impact fees on water come before the Commission when the new schedule comes into effect. Mr. Safford advised the increase is not that large; previously there was a connection charge and also a water transmission storage fee. Dr. Alperin moved for the adoption of Ordinance No. 59-90 deleting the surcharge provision, seconded by Mr. Randolph. After extensive discussion, Dr. Alperin amended his motion, Mr. Randolph amended his second. Dr. Alperin moved for the adoption of Ordinance No. 59-90, deleting the surcharge provision, waiving the $100 fee if the meter proves faulty, and having a one time fee of 2% of the estimated project of the water and sewer improvement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Mr. Andrews - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch requested Mr. Safford come back to the Commission at a later meeting with his recommendations and statistics on the surcharge. 10.H. Ordinance No. 60-90. Ordinance No. 60-90, amending the Code of Ordinances by amending Chapter 54 "Sewers" to provide for an increase in certain rates and charges associated with sewer service both inside and -16- 12/11/90 outside the City, is before the Commission for consideration on Second and FINAL Reading. 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. 60-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND CHARGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION", SUBSECTION (A) (1), TO PROVIDE FOR AN INCREASE IN THE SEWER CONNECTION CHARGE FOR EACH SEPARATE RESIDENTIAL UNIT OR COMMER- CIAL UNIT; BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION (B), TO PROVIDE FOR AN INCREASE IN SEWER SERVICE RATES AND CHARGES FOR RESIDENTIAL DWELLING UNITS AND NONRESIDEN- TIAL/COMMERCIAL UNITS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CAPACITY AND COMMODITY CHARGES TO INCREASE SAID CAPACITY AND COMMODITY CHARGES; BY REPLACING THROUGHOUT THE CHAPTER REFERENCE TO DIRECTOR OF PUBLIC UTILITIES WITH DIRECTOR OF ENVIRONMENTAL SERVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. 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. Dr. Alperin moved for the adoption of Ordinance No. 60-90, as amended, with the change of 15,000 to 12,000 gallons, 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. PUBLIC COMMENT ll.B. The City Manager stated the previous questions related to Stormwater Utility, have been previously discussed. ll.A. Lynn Wachtel, resident, stated she is upset about her property located at 175 S. Congress Avenue. She is having difficulty obtaining permits from the City and is unable to contact City staff with regard to fixing her property, therefore preventing her from renting it. -17- 12/11/90 Mayor Lynch advised Ms. Wachtel that the City Manager will check into this matter and be in contact with her directly. The City Commission will also be advised on what has been done. ll.B. Michael Weiner, 1177 N.E. 8th Street, speaking on behalf of ~-~nal Cable Ltd., is requesting the City take immediate action with regard to Comcast Cable laying lines on property they should not be on, and also not obeying rules and regulations that are set forth for cable companies. Mayor Lynch requested the City Manager to check into this situation and see where it stands. It was the consensus of the Commission for the City Attorney to deal with the County Attorney and try to resolve this problem. At this time the Commission returned to the Regular Agenda. 9.C. This item has been withdrawn. 9.D. Contract Award - Renovation of Public Utility Building. The Commission is to consider a contract award for renovation of the Public Utility Building. Bids will be opened on Monday, December 10th. The City Manager will present his recommendation at the meeting. Mr. Mouw moved to accept the low bid of ARZ in the amount of $90,855 for the renovation of the Public Utility Building, seconded by Mr. Randolph. 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.E. Change Order No. 3. The Commission is to consider Change Order No. 3 for Johnson and Davis, Inc., for S.E. 1st Street Drainage Improve- ment (Decade of Excellence Project) in the amount of $14,720 with fund- ing to come from Account No. 441-5161-536-60.68. Approval is recommen- ded. Mayor Lynch requested the Fire Department review the plans for the projects pertaining to these Change Orders. Dr. Alperin moved approval of Change Order No. 3, seconded by Mr. Mouw. 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.F. 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 Historic Preservation Board. Approval is recommended. Dr. Alperin moved approval of the review of Appealable Land Development Actions, 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. -18- 12/11/90 9.G. Determination of Consistency of Capital Budgets With Comprehen- sive Plan. The Commission is to de%ermine findings that the proposed revisions to the Capital Budgets for FY 90/91 are consistent with the adopted Comprehensive Plan. Approval is recommended. In reply to Mr. Andrews, the City Manager stated this is a legal requirement. Mr. Mouw moved approval of the Determination of Consistency, seconded by Mr. Randolph. Upon roll call the Commission voted as fol- lows: 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.H. Lease/Purchase Agreement for Copying Equipment. The Commission is to consider approval of a lease/purchase agreement for copying equipment for the City Clerk's Office and Planning Department. Recom- mendations will be made. Joe Safford stated the Xerox 1090 is an upgrade of the two other machines, is the most productive, and is the best machine for the money. Mr. Mouw moved approval of the lease/purchase agreement for the Xerox 1090, 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.I. Statewide Public Works Mutual Aid Agreement. The Commission is to approve a non-binding Statewide Public Works Mutual Aid Agreement to provide reciprocal assistance in case of emergencies too extensive to be dealt with unassisted. Approval is recommended. At this time Mayor Lynch left the Commission Chambers and Vice-Mayor Andrews took the chair. Mr. Mouw moved approval of the Mutual Aid Agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Vice-Mayor Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.J. Rate Agreement - Florida Power and Light. The Commission is to approve a new Rate Agreement with Florida Power and Light for electric service to the Water Treatment Plant. Approval is recommended. The City Manager advised that this agreement would allow the City to save approximately $25,900 per year. Mr. Randolph moved approval of the new rate agreement, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice Mayor Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.K. Community Policing Program. The Commission is to consider appropriating funds from the Law Enforcement Trust Fund in the amount of $95,000.00 for the Community Policing Program. Approval is recommended. -19- 12/11/90 Mayor Lynch returned to the Commission Chambers at this time. Interim Chief Lincoln stated the Community Policing Program has short, intermediate, and long range goals. Police Programming is, con- ceptually, to re-involve police officers in the City. Upon the request of Mayor Lynch, for the benefit of Mr. Mouw, who is a new Commissioner, the City Manager explained the Law Enforce- ment Trust Fund. Mr. Andrews moved approval of the Community Policing Program, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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.L. Payment of Bills Related to Legal Services Incurred by Walter O. Barry. The Commission is to consider payment of outstanding legal bills incurred by former City Manager Walter O. Barry relative to the Irene Montalban matter. Mr. Andrews moved approval of the payment of bills, seconded by Mr. Randolph. Mayor Lynch stated he was not comfortable with the fact the City was charged $40 by an attorney reading a letter stating no more bills would be paid. Mr. Andrews withdrew his motion, Mr. Randolph withdrew his second. Mr. Andrews moved approval of the attorney's bill minus the $40 for letter 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 - Yes. Said motion passed with a 4 to 1 vote. FIRST READINGS 12.A. Ordinance No. 62-90. Ordinance No. 62-90, amending the Code of Ordinances by amending Chapter 52 "Water" by repealing certain Subsec- tions with respect to certain connection charges and transmission and storage fees and providing for the definition of conservation surcharge. If passed, Public Hearing will be held on January 15, 1991. The City Manager presented Ordinance No. 62-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS" CHAPTER 52, "WATER", SUBHEADING "RATES, CHARGES, AND FEES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING IN SECTION 52.31, "CONNECTION CHARGES", SUBSECTION (B); BY RELETTERING SECTION 52.31, "CONNECTION CHARGES", SUBSECTION (C); BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (A), TO ADD THE DEFINITION OF -20- 12/11/90 "CONSERVATION SURCHARGE"; .BY REPEALING SECTION 52.35, "TRANSMISSION AND STORAGE FEES", SUBSECTION (A); BY RELOCATING AND RELETTERING SECTION 52.35, "TRANSMIS- SION AND STORAGE FEES", SUBSECTIONS (B) AND (C); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager stated in order to be consistent with the Commission's earlier action, Section Three should be eliminated and remove from the title the reference to the Conservation Surcharge definition. Mr. Mouw moved for the adoption of Ordinance No. 62-90, as amended, seconded by Dr. Alperin. 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.B. Ordinance No. 63-90. Ordinance No. 63-90, amending the Code of Ordinances by amending Chapter 54 "Sewers" by repealing certain Sections with respect to certain connection charges and service rates and renum- bering the remaining sections accordingly. If passed, Public Hearing will be held on January 8, 1991. The City Manager presented Ordinance No. 63-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING IN SECTION 54.31, "CONNECTION CHARGES; EXCEPTION", PARAGRAPH (A) (2) (a) THROUGH PARAGRAPH (A) (2) (e) AND ALL OF SUBSECTION (B); BY REPEALING IN SECTION 54.32, "SERVICE RATES AND CHARGES", PARAGRAPH (B) (3); BY RENUMBERING IN SECTION 54.32, "SERVICE RATES AND CHARGES", PARAGRAPH (B) (4); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 63-90, second- ed 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. 13.A.1. Mr. Andrews stated Mr. Bruce Adams of the South Florida Water Management District requested citations should be issued for watering during the day. 13.B.1 The City Attorney had no comments or inquiries at this time. -21- 12/11/90 13.C.1. The City Manager stated with regard to Mr. Randolph's comments concerning transporting individuals to the Police Station for Code violations, a decision has been made not to give notice for appearance. 13.C.2. The City Manager stated the water pressure on N.W. llth Avenue is being tested. This is a 19 year old galvanized service line. 13.C.3. The City Manager stated the School Board is suggesting a January worksession. The School Board is scheduling a meeting with Mr. Huckill to work on this issue. 13.C.4. The City Manager stated the estimated cost of cleaning the Tropic Palms Canal is $208,000. 13.C.5. The City Manager stated he has been appointed to the Florida League of Cities Urban Administration Committee. 13.C.6. The City Manager stated the Water Treatment Plant is completed. There was a meeting December 6, 1990 with Widell Construction in which they agreed to pay $30,000 for damages. The final cost is about $1,000 less than the original bid. The $30,000 will pay for additional costs for the engineers as the project is six (6) months late. 13.C.7. The City Manager stated on next Monday's Planning and Zoning agenda there will be a proposal for the S.E. corner of Congress and Lake Ida which includes the Municipal Tennis Center. Dr. Alperin requested the City Manager review the questions and concerns pertaining to the Stormwater Sewer rates and have answers pre- pared for the next workshop. The consensus of the Commission was to have this information prepared. Mayor Lynch declared the meeting adjourned at 11:45 P.M. J Ci%f C~k ! ATTE S T: 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 December 11, 1990, which minutes were formal- ly approved and adopted by the City Commission on ~l~/ ~; /~/ · -22- 12/11/90 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. -23- 12/11/90