10-04-94 OCTOBER 4, 1994
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 6:05 P.M.,
Tuesday, October 4, 1994.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner David Randolph
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - Commissioner Ken Ellingsworth
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend James
Atchinson, Church of the Palms.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Lynch requested that an item pertaining to the
initiation of an LDR amendment be added to the agenda. The
Commission concurred to add the item as Item 9.C. on the regular
agenda.
The City Manager noted the addendum adding Item 8.J.2.,
bid award for demolition of the lift station at Veterans Park, to
the consent agenda. He further advised that Item 7.A., Presenta-
tion on the Tennis Center Patrons Program, has been postponed to
October 18, 1994.
Mr. Randolph moved approval of the agenda, as amended,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch -
Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote.
5. Approval of Minutes:
None.
6. Proclamations:
6.A. Domestic Violence Awareness Month - October, 1994:
Mayor Lynch read and presented a proclamation proclaim-
ing October, 1994, as Domestic Violence Awareness Month. Ms.
Shandra Dawkins, on behalf of Aid to Victims of Domestic Assault
(AVDA), came forward to accept the proclamation.
6.B. Fallen Firefighters' Memorial Day - October 9, 1994:
Mayor Lynch read and presented a proclamation proclaim-
ing October 9, 1994, as Fallen Firefighters' Memorial Day. Chief
Rehr came forward to accept the proclamation.
6.C. Fire Prevention Week - October 9 to 15, 1994:
Mayor Lynch read and presented a proclamation proclaim-
ing October 9 to 15, 1994, as Fire Prevention Week. Chief Rehr
came forward to accept the proclamation.
6.D. National Character Counts! Week - October 16 to 22,
1994:
Mayor Lynch presented a proclamation proclaiming the
week of October 16-22, 1994, as National Character Counts! Week.
6.E. Heritaqe Month - October, 1994:
Mayor Lynch read and presented a proclamation proclaim-
ing October, 1994, as Heritage Month. Michael Weiner came for-
ward to accept the proclamation.
6.F. City Government Week - October 23 to 29, 1994:
Mayor Lynch read and presented a proclamation proclaim-
ing October 23-29, 1994, as City Government Week. Assistant City
Manager Robert Barcinksi came forward to accept the proclamation.
7. Presentations:
7.A. Tennis Center Patrons Proqram - Matt Gracey:
Mayor Lynch stated the presentation by Matt Gracey
regarding the Tennis Center Patrons Program is postponed until
the Regular Commission Meeting of October 18, 1994.
8. Consent Agenda: City Manager recommends approval.
The following items were considered by the Commission
as the Consent Agenda:
8.A. RATIFICATION OF SCRWTD BOARD ACTION: Ratify action of
the South Central Regional Wastewater Treatment and Disposal
(SCRWTD) Board action of September 22, 1994, to approve Proposal
A Organization with modification that Legal Counsel be shown
directly responsible to the Board; and Consultants, Engineers,
and Auditors be responsible to the Executive Director.
2 10/4/94
8.B. LOBBYING SERVICE AGREEMENT/KATHLEEN E. DALEY & ASSOCI-
ATES, INC: Consider an Agreement for Lobbying Services with
Kathleen E. Daley and Associates, Inc. in the amount of
$52,800.00 for the period 10/1/94 through 9/30/95, with funding
from City Commission Other Contractual Services (Account No.
001-1111-511-34.90).
8.C. AUTHORIZATION FOR BUDGET TRANSFER: Authorize transfer
of $8,489.00 from the 1991 Water and Sewer Revenue Bond Interest
Earnings (Account No. 447-0000-361-10.00) to the Enclave Wa-
ter/Sanitary Sewer Phase I and II (Account No.
447-5167-536-60.31) to fund deficit balances in the Revenue Bond
Fund.
8.D. ACCEPTANCE OF DEEDS: Accept an easement deed and
warranty deed for installation of a water and sewer line as well
as a lift station on the Blood's property.
8.E. REPLAT/WALLACE DODGE TRACTS D & E: Approve replat of
Tracts D & E, Wallace Dodge, located at the northwest corner of
S.W. 10th Avenue and Linton Boulevard.
8.F. AGREEMENT FOR DISC JOCKEY MUSIC AND STAFFING SERVIC-
ES/TEEN DANCES: Approve an agreement with Stuart Schurman and
Barbara Pierce ("The Hop") to provide disc jockey music and
staffing for a teen dance program at Pompey Park.
8.G. CHANGE ORDER NO. 7/AMERICAN LIGHTING MAINTENANCE, INC.:
Approve deduct Change Order No. 7 in the amount of $11,376.55 to
the contract with American Lighting Maintenance, Inc. for the
Swinton Avenue Beautification Project.
8.H. RESOLUTION NO. 79-94: Approve a resolution assessing
costs for abatement action required to pump and fill an abandoned
septic tank located on Lot 19, Block 2, Atlantic Park Gardens
(vacant property on S.W. 13th Avenue).
The caption of Resolution No. 79-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS 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 EFFEC-
TIVE 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
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UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(Copy of Resolution No. 79-94 is on file in the offi-
cial Resolution Book)
8.I. RESOLUTION NO. 81-94: Adopt a resolution requesting
the Division of Forestry, Florida Department of Agriculture and
Consumer Services, to provide the City with the services of an
urban forester.
The caption of Resolution No. 81-94 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE
DIVISION OF FORESTRY, FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, TO PROVIDE
THE CITY WITH THE SERVICES OF AN URBAN FOR-
ESTER.
(Copy of Resolution No. 81-94 is on file in the offi-
cial Resolution Book)
8.J. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - to Kexlex, Inc. School Bus Service for
Parks and Recreation Department programs (after school,
Rocks football, and summer day camp), at an estimated
annual cost of $40,000.00, with funding from various
accounts identified on the attached memorandum from the
Parks Department.
2. Bid Award - for demolition of the lift station -
as part of the Veterans' Park Phase II project.
Dr. Alperin moved approval of the Consent Agenda, as
amended by addendum, seconded by Mrs. Smith. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed
with a 4 to 0 vote.
9. Regular Agenda:
9.A. CHANGE ORDER NO. i/FLORIDA DESIGN CONTRACTORS: Consid-
er Change Order No. 1 in the amount of $10,530.00 and a 90 day
extension to the contract with Florida Design Contractors for
additional work associated with the new Golf Course Production
Wells #35 and #36, with funding from the 1993 Water and Sewer
Revenue Bond - Golf Course Wells (Account No. 440-5179-536-
63.52).
Mrs. Smith moved approval of Change Order No. 1 to the
contract with Florida Design Contractors, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mayor
4 10/4/94
Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph -
Yes. Said motion passed with a 4 to 0 vote.
9.B. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint a resident member to the Delray Beach Housing Authority
for a four year term ending July 14, 1998.
Mr. Randolph asked that his appointment of a resident
member to the Delray Beach Housing Authority be postponed until
he is able to review more applications.
Mayor Lynch suggested that the position be posted on
the bulletin board at Carver Estates and also that Lula Butler be
contacted regarding potential applicants from the subsidized
housing program.
Dr. Alperin moved to postpone the appointment of a
resident member to the Delray Beach Housing Authority as request-
ed by Commissioner Randolph, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0 vote.
9.C. INITIATION OF LDR AMENDMENT:
Mayor Lynch stated that he would like to have the
Planning and Zoning Board look at the possibility of amending
Section 4.4.10 of the Land Development Regulations relative to AC
zoning district regulations. There are regulations which state
that whenever a use or building is expanded by 30% or more, the
entire site has to be brought up to code. This is over and above
the regulations that apply in other commercial districts such as
GC or PC, and can create real difficulties when someone is trying
to improve their property. Because you are dealing with an
existing site, it isn't always possible to make everything con-
form. In some ways this requirement ends up discouraging dealers
who want to improve and expand their businesses. He asked that
the Planning and Zoning Board look into this regulation to see if
there is a way to make it a little more flexible or at least make
it consistent with what is required in other districts.
Mr. Randolph moved to direct the Planning and Zoning
Board to review the open space requirement in the AC zoning
district, evaluate and return to the Commission with a recommen-
dation, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0
vote.
12. First Readings:
12.A. ORDINANCE NO. 71-94: An ordinance amending Section
52.34, "Water Rates", of the City's Code to provide for an in-
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crease in the charges for water service. If passed, public
hearing on October 18, 1994.
Prior to the City Attorney reading the caption, the
City Manager stated that the ordinance which was distributed with
the agenda packet reflects a three percent (3%) increase across
the board. As an alternative, the City could increase the com-
modity charge by 5% so the customer charge and the capacity
charge would not be increased. He stated the result would be
that the low volume users would have a smaller percentage in-
crease while the high volume users would see a higher percentage
increase.
After discussion, it was the consensus of the Commis-
sion to to with the 5% commodity charge increase as opposed to
the 3% across the board increase.
The City Manager presented Ordinance No. 71-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 52, "WATER", SECTION 52.34, "WATER
RATES", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSEC-
TION 52.34(B) TO PROVIDE FOR AN INCREASE IN
THE COMMODITY CHARGE FOR WATER SERVICE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mrs. Smith moved for the adoption of Ordinance No.
71-94 on First Reading, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch
- Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed
with a 4 to 0 vote.
12.B. ORDINANCE NO. 72-94: An ordinance amending Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of
increase in the charges for water service. If passed, public
hearing on October 18, 1994.
As with the water rates, the Commission concurred to go
with the 5% commodity increase for sewer rates.
The City Manager presented Ordinance No. 72-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 53, "RESIDENTIAL, INDUSTRIAL AND
COMMERCIAL WASTE", SECTION 53.130, "USER
CHARGES; WHOLESALE SEWER RATES; CALCULATION
OF SEWER SURCHARGE", OF THE CODE OF ORDINANC-
ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
6 10/4/94
AMENDING SUBSECTION 53.130(D) TO PROVIDE FOR
AN INCREASE IN THE COMMODITY CF~ARGE FOR SEWER
SERVICE; 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.
72-94 on First Reading, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed
with a 4 to 0 vote.
12.C. ORDINANCE NO. 81-94: An ordinance amending Chapter
117, "Landlord Permits", of the City's Code to provide for an
increase in the permit fee, adding certain clarifying language,
and amending certain language to reflect correct code references.
If passed, public hearing on October 18, 1994.
The City Manger presented Ordinance No. 81-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 117, "LANDLORD PERMITS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ADDING CERTAIN LANGUAGE FOR THE
PURPOSE OF CLARIFICATION; AMENDING CERTAIN
LANGUAGE TO REFLECT THE CORRECT CODE REFER-
ENCES; AMENDING SECTION 117.02, "PERMIT
FEES", TO PROVIDE FOR AN INCREASE IN THE
PERMIT FEE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance.
Mayor Lynch opened the floor to public comment.
Dick Eckerle, Woodlake, stated many communities have an
interview or approval committee for properties which are going to
be rented. At Woodlake, it is part of the application process to
show proof that a landlord permit has been obtained. He suggest-
ed that something along this line be incorporated into the ordi-
nance.
Lula Butler, Director of Community Improvement, stated
the City is working with the Board of Realtors and has distribut-
ed the information to many different groups resulting in the in-
creased number of permits this year. She stated the City has
been working with the County using the Homestead Exemption sta-
tus, notices on utility bills, and various other methods to get
the information out.
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Mrs. Smith moved for the adoption of Ordinance No.
81-94 on First Reading, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed
with a 4 to 0 vote.
12.D. ORDINANCE NO. 83-94: An ordinance amending Ordinance
No. 20-94 which established the Kids and Cops Committee by amend-
ing Section 2. thereof to provide for such other representation
on the committee as the City Commission may deem appropriate. If
passed, public hearing on October 18, 1994.
The City Manager presented Ordinance No. 83-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 20-94 WHICH ESTABLISHED THE
KIDS AND COPS COMMITTEE AS AN ADVISORY BODY
TO THE CITY COMMISSION, BY AMENDING SECTION
2. THEREOF TO PROVIDE FOR SUCH OTHER REPRE-
SENTATION ON THE KIDS AND COPS COMMITTEE AS
THE CITY COMMISSION MAY DEEM APPROPRIATE;
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.
83-94, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0
vote.
12.E. ORDINANCE NO. 84-94: An ordinance enacting revisions
to Chapter 53 of the City's Code regarding sanitary sewers. If
passed, public hearing on October 18, 1994.
The City Manager presented Ordinance No. 84-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 53, "RESIDENTIAL, INDUSTRIAL AND
COMMERCIAL WASTE", TO PROVIDE FOR A CHANGE OF
THE CHAPTER TITLE TO "SANITARY SEWERS"; TO
PROVIDE FOR A NAME CHANGE FOR THE "FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION" TO
THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION", AMENDING SECTION 53.051, "PRO-
HIBITED DISCHARGES TO SEWERS" TO PROVIDE FOR
ADDITIONAL MATERIALS WHICH ARE PROHIBITED
DISCHARGES INTO THE CITY'S SEWER SYSTEM;
AMENDING SECTION 53.052, "DISCHARGE OF CER-
TAIN WASTE RESTRICTED", BY AMENDING SUBSEC-
TION 53.052(G), TO PROVIDE FOR NEW LIMITS FOR
S 10/4/94
SUBSTANCES WHICH PASS THROUGH THE WASTEWATER
TREATMENT WORKS; AMENDING SECTION 53
.056(B) (1) (e), "ADMISSION OF INDUSTRIAL AND
COMMERCIAL WASTE", TO PROVIDE FOR A TOTAL
TOXIC ORGANIC CONTENT OF GREATER THAN FIVE
MILLIGRAMS PER LITER; AMENDING SECTION
53.080, "COMPLIANCE DATE REPORT", TO PROVIDE
FOR ALL MONITORING ANALYTICAL RESULTS TO BE
SUBMITTED TO THE CITY WITHIN 45 DAYS OF
SAMPLE COLLECTION; AMENDING SECTION 53.130,
"USER CHARGES; WHOLESALE SEWER RATES; CALCU-
LATION OF SEWER CHARGE", BY AMENDING SUBSEC-
TION 53.130(G) (2), TO PROVIDE FOR A CHANGE IN
THE CODE FROM 600 mg-1 475 mg-1; AND TO
REVISE THE SAMPLE CALCULATION; AMENDING
SECTION 53.140, "PUBLICATION OF USERS IN
SIGNIFICANT NONCOMPLIANCE", TO PROVIDE FOR AN
ANNUAL PUBLICATION AND AMENDING SECTION
53.140(1), TO PROVIDE FOR $100.00 FEE TO
COVER THE COST OF PUBLICATION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No.
84-94 on First Reading, seconded by Mrs. Smith. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch
- Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed
with a 4 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A.1. Mr. Randolph had no comments or inquiries.
13.A.2. Mrs. Smith encouraged people to use the new Combat Auto
Theft Program (C.A.T.) available at the Police Department.
13.A.3. Dr. Alperin stated the operators of the bingo hall
which had received conditional use approval with restrictions on
hours of operation from the City, have applied for a permit from
the County to locate in the K-Mart shopping plaza at the north-
west corner of Atlantic Avenue and Military Trail. This location
is still unincorporated and is across the street from the old
Pharmor location approved by the City. Since the K-Mart center
will probably be annexed at some point in the future and is in
our planning area, Dr. Alperin suggested that a letter be sent to
the County advising that the City had imposed certain conditions
on this particular use and would want to have these same condi-
tions put in place by the County. The restrictions on the hours
of operation were imposed on the bingo hall's approval until they
have proved themselves. Dr. Alperin expressed his feeling that
the County's Planning Board should notify the City when they
receive a request for something that will either impact or is
9 10/4/94
located within the City's planning reserve area, and asked how
this is being done at the present time.
Diane Dominguez, Director of Planning and Zoning,
advised that notices are generally received from the County on
things like this and she determines which items should be brought
to the Commission for review. In this instance, there is a
hearing scheduled at the County for October 27th. She further
stated that the conditional use approved by the City for the
bingo hall at the Pharmor site is technically valid for another
user to come in and operate under the existing approval. Ms.
Dominguez suggested the use be specifically abandoned to prohibit
this from happening, especially if the County approves the bingo
hall at the K-Mart location.
On further discussion, it was the consensus of the
Commission to direct staff to inform Palm Beach County of the
City's position on this matter.
13.A.4. Mayor Lynch asked the City Manager about the Andover
Bridge. The City Manager stated he has asked the Planning De-
partment to draft a response.
13.A.5. Mayor Lynch asked the City Attorney for a recommenda-
tion on the beach parking permits. The City Attorney stated the
agreements are being researched and most likely there will be a
change to bring back.
Mayor Lynch stated the entire issue of beach parking
permits will need to be looked at again with a possible increase
in the rate for residents and nonresidents.
The City Manager stated there are still some unresolved
issues, but this is likely to come back for the Regular Commis-
sion Meeting of October 18, 1994.
Mayor Lynch asked the City Manager to provide numbers
on what it costs to run the beach, pay the lifeguards, mainte-
nance, etc.
13.B. The City Attorney had no comments or inquiries.
13.C.1. The City Manager stated that a meeting should be sched-
uled for October 25, 1994, to pass the Bond Resolution for the
Utility Tax Bonds to finance the Golf Course Clubhouse, Tennis
Center, and the Pompey Park Pool. He asked if the Commission
would want to schedule further discussion on the EMS issue for
the same date?
The Commission concurred to hold a meeting on October
25, 1994, at 12:00 Noon to pass the Bond Resolution, but to set a
separate time for the EMS issue.
10. Public Hearings:
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10.A. ORDINANCE NO. 80-94: An ordinance amending Section
51.70, "Regular Charges Levied", of the City's Code to provide
for an increase in the rates charged for garbage, recycling and
trash services provided to residential and commercial customers.
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. 80-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR AN INCREASE
IN THE RATES CHARGED FOR GARBAGE, RECYCLING
AND TRASH SERVICES PROVIDED TO RESIDENTIAL
AND COMMERCIAL CUSTOMERS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 80-94 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.
Mayor Lynch declared the public hearing open.
Bernie Burkoff, Villas of Rainberry Lakes, stated
residents of Rainberry Lakes have Type "D" curbside pickup cost-
ing $9.98 per month. Many of the residents, however, use throw
away bags for their garbage and this type of service costs $5.62
per month. He stated his point is that if 90% of the homeowners
are using throw away bags, why should they be penalized almost
$4.00 per month for the higher rate for Type D service.
The City Manager stated the type of collection service
an area receives was determined by the City Commission in 1983
before the contract was put out to bid. The types of service
were established and that is what Waste Management bid on. He
stated that if the majority of the people in Rainberry Lakes
would like to change their service type, they should take appro-
priate action to notify the City that the entire development
wants to change service type and then the City would approach
Waste Management about making the change from curbside collection
to throw away containers.
Mayor Lynch stated in any neighborhood that is struc-
tured, the majority of the residents would have to want to
change it.
-11- 10/4/94
There being no further comments, the public hearing was
closed.
Mr. Randolph moved for the adoption of Ordinance No.
80-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon
roll call the Commission voted as follows: Mayor Lynch - Yes;
Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said
motion passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
11.A.1. The City Manager stated there were three inquiries from
the last meeting.
One was from a lady who was not aware that we had the
beach parking permits at all and suggested the City should better
publicize to make it more known. We have verified that this
information is contained in the Parks and Recreation brochure
which is sent out once a year. The City Manager also stated
copies are available in the stands in the lobby.
The City Manager stated the second inquiry was a com-
plaint from a resident on N.W. 9th Avenue about the use of loud-
speakers by police officers to clear loiterers from the vicinity
of the Paradise Club sometime between 11:00 p.m. and 1:00 p.m.
The situation has been discussed with the Patrol Division Com-
mander regarding the imposition and disturbing the peace of the
residents in the neighborhood and there should not be any recur-
rence of that.
The City Manager stated another issue raised was re-
garding alternatives to anchoring the poles that secure the
telephone poles along the private property boundaries on the east
side of NW 9th Avenue. He feels piping that has been driven in
the ground is both unsightly and dangerous. In the interim, the
City will use a U-shape bracket to fasten the poles down, and
keep the continuation of the berming that currently exists along
the south side of this property. He stated the City will look
into other ways to improve the aesthetics of the area and make
the area safer.
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
11.B. From the Public.
11.B.1. Lillian Feldman, President of United Property Owners,
asked when a public hearing will be held on the Emergency Medical
Services transportation issue.
-12- 10/4/94
Mayor Lynch advised that the EMS issue will likely be
workshopped in November, with a public hearing to possibly follow
in mid-November.
1%.B.2. Jerry Marshall, Woodlake, stated that the inner path
along the beach at the north end of A-1-A is crumbling in places,
has badly patched repairs, and could be dangerous to pedestrians.
The sidewalk is fine; however, the inner walkway needs to be
fixed.
%~.B.3. Jean Beer, Tropic Isle, inquired about the term of the
Waste Management contract and asked when the City can expect to
re-negotiate.
The City Attorney stated the contract runs through
September 30, 1996, with an optional renewal period.
The City Manager stated the City will have the opportu-
nity to go out for bid again in 1996.
ll.B.4. Joe Weiss, Villages of Oriole, expressed concern over
the beach parking permits and stated nonresidents are willing to
pay a fair share if necessary.
There being no further business, Mayor Lynch declared
the meeting adjourned at 7:20 P.M.
Citg-Ci~rk
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 October 4, 1994, which
minutes were formally approved and adopted by the City Commission
/
-13- 10/4/94
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.
-14- 10/4/94