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09-14-93 SEPTEMBER 14, 1995 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, September 14, 1993. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas Eo Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan AoRuby 2. The opening prayer was delivered by Reverend William Reese, Lakeview Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Ellingsworth moved approval of the agenda, includ- ing Addenda Items No. 7.B. (Resolution No. 85-93) and 7.C. (Reso- lution No. 87-93), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5, APPROVAL OF MINUTES~ Mr. Randolph moved approval of the minutes of the Regular Meeting of August 24, and the Special Meeting of August 31, 1993, seconded by Mrs. Smith. Mr. Ellingsworth advised that a comma should be removed between the names Hugo and Unruh, and that Northside Liquors should be changed to Westside Liquors on pages 9 and 14, respec- tively, of the minutes of the regular meeting of August 24, 1993. Mr. Randolph amended his motion to include the change; Mrs. Smith amended her second. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: None. 7. PRESENTATIONS; 7.A. Mayor Lynch read and presented an award recognizing John Walker, Project Coordinator, as a recipient of the 1993 Florida Shore and Beach Preservation Association Local Government Award. Mr. Walker was cited for his outstanding administration of the Delray Beach Nourishment program as being one of the most successful of its kind in the nation. Dr. Alperin pointed out that, while being the appointed representative, Mr. Walker is the alternate and Chairperson for the Palm Beach County Beaches and Shores Committee where his leadership is highly respected. 7.B. RESOLUTION NO. 85-93: A resolution recognizing Mr. Ben Bryant as Vice-President of MAD DADS in Delray Beach, Florida, and his personal commitment to fighting the illegal drug and crime problems in our community. The caption of Resolution No. 85-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING MR. BEN BRYANT AS VICE-PRESIDENT OF MAD DADS IN DELRAY BEACH, FLORIDA, AND HIS PERSONAL COMMITMENT TO FIGHTING THE ILLEGAL DRUG AND CRIME PROBLEMS IN OUR COMMUNITY. (Copy of Resolution No. 85-93 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. Dr. Alperin moved for the adoption of Resolution No. 85-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this time Mr. Bryant arrived and Dr. Alperin read the remainder of the resolution which was then presented to him. 7.C. RESOLUTION NO. ~7-9~: A resolution encouraging the American Orchid Society to relocate its headquarters and botani- cal garden in Delray Beach, Florida, at the Morikami Park. The caption of Resolution No. 87-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING THE AMERICAN ORCHID SOCIETY TO RELOCATE THEIR HEADQUARTERS AND THEIR BOTANICAL GARDEN IN DELRAY BEACH, FLORIDA, AT THE MORIKAMI PARK. -2- 9/14/93 (Copy of Resolution No. 87-93 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. Dr. Alperin moved for the adoption of Resolution No. 87-93, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 8. QQNSENT ASENDA~ City Manager recommends approval. APPROVAL OF RIGHT-OF-ENTRY AND LICENSE AGREEMENTS: Approve right-of-entry and license agreements with property owners in conjunction with utility construction east of the Intracoastal Waterway. ~..B, APPOINTMENT TO THE PARKING MANAGEMENT TEAM~ Appoint a representative from the Planning and Zoning Board to the Parking Management Team. 8.C. APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION TECHNICAL ADVISORY CQMMITTEE~ Appoint the Planning Director to serve as the City's interim representative on the Metropolitan Planning Organization Technical Advisory Committee. $,D~ RESOLUTION NO. 79-93: A resolution rescinding Resolu- tion No. 130-92 and abandoning a portion of the Via Verona right-of-way and reserving easements on behalf of the City. 8.E. RENEWAL OF BANKING SERVICES CONTRACT/BARNETT BANK: Approve the renewal of the banking services agreement with Bar- nett Bank for a one year period ending September 30, 1994. ~,F. SETTLEMENT OFFER: Deny an offer of settlement in the amount of $30,000 to settle Garcon and Jacquet vs. the City. 8.G, AWARD OF BIDS AND CONTRACTS: 1. One (1) Vibration Analyzer/Balance - Public Utili- ties -Ono Sokki Technology, Inc. - in the amount of $11,630 with funding from Water and Sewer Capital - Other Equipment (Account No. 441-5161-536-64.90). 2. Automatic Transfer Switch - South Repump Station - Edward Electric Corporation - in the amount of $21,050 with funding from Water and Sewer Capital - Other Equipment (Account No. 441-5161-536-64.90). 3. Maintenance Perkin-Elmer Equipment - Water Treat- ment Plant - Perkin-Elmer, Corporation - in the amount of $16,340~75 with funding from Water and Sewer Water -3- 9/14/93 Treatment Plant - Equipment Maintenance (Account No. 441-5122-536-46.20). 4. Hydrofluosilicic Acid - Water Treatment Plant - Allied Universal Corporation in the estimated annual amount of 814,250 with funding from Water and Sewer - Water Treatment Plant Chemicals (Account No. 441-5122-536-52.21). 5. Radio Telemetry Units - Storm Water Pumping Station - Data Flow Systems, Inc. in the amount of $11,930 with funding from Stormwater - Other Machines/Equipment (Account No, 448-5416-538-64.90). 6. Housing Rehabilitation - 909 S.W. llth Terrace - Intercontinental Construction Corporation in the amount of $20,000 with funding from CDBG Housing Rehab (Ac- count No. 118-1963-554-49.19). 7. State Housing Initiatives Program (SHIP) Housing Rehabilitation - 343 N.W. 6th Avenue - MJD Construction Services - $12,745 with funding from SHIP - Other Current Charges (Account No. 118-1924-554-49.90). 8. AS400 Computer Upgrade - Police Department - IBM (State Contract) in the amount of $75,569.84 With funding from General Fund Renewal and Replacement Computer Equipment (Account No. 334-6112-519-64011). APPOINTMENT OF OUTSIDE COUNCIL: Appoint Guant, Pratt, Radford, P.A. to serve as outside council to represent the City in Shaw vs. Goss and Wagner. 8..,I. CHANGE IN FUNDING SOURCE FOR CHANGE ORDER NO. 3/DUTCH CONSTRUCTION: Approve the change in funding source from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63) to Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account No. 225-4126-572-61.6~) for Change Order No. 3 to the contract with Dutch Construction Company, Inc. in the amount of $13,511.99. Mr. Ellingsworth moved approval of the Consent Agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. RESULAR A~ENDA: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI- OUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance -4- 9/14/93 Board and the Historic Preservation Board during the period August 23, 1993 through September 10, 1993. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. RECONSIDERATION OF WAIVER REOUEST/LANDSCAPE TECHNOLOGY: Reconsider a request from Landscape Technology Inc. for waiver of the condition of LDR Section 5.3.1 (E), which requires payment of 1/2 of the cost of constructing street/road improvements on Royal Palm Drive. City Manager recommends denial. Mr. Kovacs, Planning Director, stated that the original condition of approval was to have the applicant create the entire street in front of the property and take it all the way to Wal- lace Drive. At that time, relief was requested and granted, i.e., instead of going all the way to Wallace Drive or having to construct the road, they would pay only for the cost of the pavement. That money would then be put into our S.W. 10th Avenue to S.W. 10th Street project. They are now requesting a total waiver of the requirement of improving the street based upon the argument that general tax dollars are paid. The City requires that an improved street is a must before a building permit can be granted. From the staff point of view there is no recommendation to accommodate this request. Dr. Alperin moved for denial of the request, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.Co REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establish a lumberyard (Causeway Lumber Company), on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, in the MIC (Mixed Industrial/Commercial) zone district. Planning and Zoning Board recommends approval, subject to conditions. Mr. Kovacs explained that this item was continued from an earlier meeting so the applicant could conduct additional research into the conditions of approval and the implications for him. The project is going to establish Causeway Lumber Company in what was Jones Construction on the north side of Atlantic Avenue just west of Congress Avenue. The site would be upgraded if the new use should be established. The Planning and Zoning Board recommended approval, citing that this type of use will have a very low traffic generation in comparison to almost any- thing else that could go there. 5 9/14/93 Mike ~ovelle, representing the applicant, stated they have discussed this with staff and all items have been reviewed within the report and there is no problem. They still have to go through the platting and site plan approval process. There is one item regarding the existing billboard that he would like to discuss, that being Item "E" He stated, for the record, that Causeway Lumber will not own the billboard structure itself. They will commit to make every effort to remove it, from not renewing a lease to doing whatever it takes through negotiation with the people who own the actual billboard structure. Arthur Jackel, resident, speaking on behalf of Jack Kellerman, a former member of the P&Z Board, who voted against this project, stated he feels this is the wrong location for the City. He further disagrees with the zoning designation of MCI. He feels this type of business is not appropriate to abut residen- tial property. He also feels the traffic that will be generated will be insurmountable. Dr. Alperin moved approval of the conditional use, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. MODIFICATION OF STANDARD$/97~ CYPRESS DRIVe: Consider a request for modification of standards to permit the construc- tion of a dock within ten feet of the adjacent property line at 975 Cypress Drive. City Engineer recommends approval. Mr. Ellingsworth moved approval of modification of standards to permit the construction of a dock at 975 Cypress Drive, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9,E, TENNIS DIRECTOR AGREEMENT~ Consider approving an agreement with Ed Foster to provide Tennis Director services for a one-year period ending September 30, 1994. City Manager recom- mends approval. Mr. Randolph moved approval of the agreement on a one-year basis, seconded by Dr. Alperin. Mayor Lynch stated he would like to go along with the City Attorney's recommendation to include a termination clause to the agreement. He also commented that it was his understanding that a one-year contract was to go into effect from the time the tennis center opened, after the Virginia Slims Tournament, and that a re-evaluation was to be made to see where we are going and what is happening. This would generate an evaluation program somewhere around April of 1994. -6- 9/14/93 Mr. Randolph amended his motion to include the addition of a termination clause, as recommended by the City Attorney; Dr. Alperin amended his second. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. PROPOSED INCREASES TO THE CEMETERY RATES: Consider a proposal to increase the fees for the Cemetery. City Manager recommends approval. Mayor Lynch commented that several years ago there was a group formed to evaluate and offer suggestions on how to im- prove the cemetery. He suggested, from a City standpoint, that staff market the cemetery by asking the local funeral directors, as well as those in Boca Raton and Boynton Beach, to come and see what the City of Delray is doing and where we are going. Discussion followed with regard to the cost and whether or not the cemetery is a municipal responsibility and/or if it is a loser from a financial standpoint. Mayor Lynch asked if the percentage received from the independent firm is enough to main- tain the cemetery. The City Manager responded that it is not and, should the City want to operate it as a private cemetery, it would be necessary to place part of it into a perpetual care fund to build it up over the years. Then, at the time it has been sold out, there will be money available, earning interest, that will pay for the maintenance. The cemetery is currently being expanded in response to a demand. Mayor Lynch suggested approval by the Commission to- night, with a request that staff make an evaluation and return to the Commission with changes that need to be made. Dr. Alperin moved to approve the proposed rate in- crease, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Upon question, the City Manager responded that the proposed budget for next year is $147,370 in expenses with a projected revenue of $79,600. 9.~, AMENDMENT NO. 3 TO SERVICE AUTHQRIZATION NO, ~/~H~M HILL: Consider an amendment to Service Authorization No. 8 in the amount of $4,500 to the contract with CH2M Hill for engineer- ing services necessary to abandon test wells within the Jog Road right-of-way; installation of monitoring wells at the North Pump Station and replacement of the discharge head for PW-1, with funding from Water and Sewer Renewal and Replacement - Well Rehab, Replacement and Upgrade (Account No. 442-5178-536-61.82). City Manager recommends approval. -7- 9/14/93 Mr. Ellingsworth moved approval of Amendment No. 3, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. CHANGE ORDER NO. 1/JOHNSON-DAVIS. INC.: Consider a change order in the amount of $17,072 to the contract with John- son-Davis, Inc. for realignment of the sewer extension on West Atlantic Avenue, with funding from Water and Sewer Renewal and Replacement - Sanitary Sewer Rehab - Renewal and Replacement (Account No. 442-5178-536-61.84). City Manager recommends ap- proval. Mr. Randolph moved approval of Change Order No. 1, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,I. THIS ITEM WAS REMOVED RESOLUTION NQ, ~-95; A resolution establishing the East Atlantic Avenue Task Team and ratifying appointments for the constitution of the Task Team. City Manager recommends approval. The City Manager presented Resolution No. 83-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ESTABLISHMENT OF THE EAST ATLANTIC AVENUE TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND RATIFICATION OF MEMBER- SHIP APPOINTMENTS BY THE CITY COMMISSION; PROVIDING AN EFFECTIVE DATE AND SETTING A SUNSET DATE. (Copy of Resolution No. 83-93 is on file in the offi- cial Resolution Book) Mrs. Smith moved for the adoption of Resolution No. 83-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved approval of the seven-member task team and the two adjunct members, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -8- 9/14/93 9,K, APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to fill the unexpired term of Randee Golder ending July 14, 1996. Mayor Lynch expressed a desire to appoint Kevin McCarty as his appointment. Mrs. Smith moved to appoint Kevin McCarty as a member to the Delray Beach Housing Authority, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9,L, APPOINTMENT TO THE EDUCATION BOARD~ Appoint a member to fill the unexpired term of Katherine Anderson ending July 31, 1994. Dr. Alperin moved to appoint Kathleen I. Shabotynskyj as a member to the Education Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.M, APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS~ Appoint a member to fill the unexpired term of Richard Sheremeta ending August 31, 1994. Mr. Randolph moved to appoint Joseph A. Pike as a member to the Board of Construction Appeals, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.N, APPOINTMENT TO THE HISTORIC PRESERVATION BOARD~ Ap- point a member to fill the unexpired term of C. Spencer Pompey ending August 31, 1995. Mr. Randolph moved to appoint Charles R. Williams as a member to the Historic Preservation Board, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.0. SERVICE AUTHORIZATION NQ, 6/PEQ, INC.~ Consider a service authorization in the amount of $4,090 to the contract with PEC, Inc. for engineering services for Phase I - Study or Conceptual Phase Services in conjunction with the .5 Million Gallon - N.E. Ground Storage Tank and Booster P.S., with funding from 1993B Water and Sewer Revenue Bond - N.E. Storage Tank (Account No. 440-5179-536-63.54). City Manager recommends ap- proval. -9- 9/14/93 Mr. Randolph moved approval of Service Authorization No. 6 in the amount of $4,090 to the contract with PEC, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.P. SERVICE AUTHORIZATION NO. 6/GEE AND JENSON: Consider a service authorization in the amount of $7,955 to the contract with Gee and Jenson for preliminary evaluation of the Pompey Park Municipal Pool Project, with funding from General Construction Fund - Pompey Pool (Account No. 334-4170-572-63.45). City Manag- er recommends approval. Mr. Randolph moved approval of Service Authorization No. 6 in the amount of $7,955 to the contract with Gee and Jenson, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission moved to the First Readings portion of the agenda. 12, FIRST READINGS: 12.A. ORDINANCE NO. 55-93: An ordinance amending Chapter 52, "Water" of the Code of Ordinances to provide for miscellaneous text revisions, increasing water deposits for tenants, changing water rate structure to an inverted block schedule, and adding fees for various services. City Manager recommends approval. If passed public hearing September 28th. The City Manager presented Ordinance No. 55-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,"WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 52.02, "DISCONTINUING SER- VICE AT REQUEST OF CUSTOMER" TO CLARIFY THE TERM "TEMPORARY"; BY AMENDIN~ SECTION 52.15, "MINIMUM SIZE OF METERS", TO SEPARATELY SPECIFY METER SIZES REQUIRED AT PLACES OF BUSINESS AND TO REDESIGNATE THIS SECTION; BY AMENDING SECTION 52.31, "CONNECTION CHARGES", SUBSECTION (A), TO CLARIFY WHEN A WATER CONNECTION IS CHARGED; BY AMENDING SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE IN DEPOSITS; BY AMENDING SECTION 52.34, "WATER RATES" SUB- SECTION (B), "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN COMMODITY CHARGES BY METERED CONSUMPTION, BY ENACTING A NEW SUBSECTION -10- 9/14/93 (C), "EMERGENCY RATE ADJUSTMENT FOR WATER CONSERVATION", TO PROVIDE FOR A SURCHARGE DURING PERIODS OF MANDATED WATER RESTRIC- TIONS, BY REDESIGNATING SUBSECTIONS (C) AND (D) TO (D) AND (E); BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON" TO ADD AN EXCEPTION; BY REDESIGNATING SECTION 52.37, "TEMPORARY USE; TAPPING CHARG- ES AND DEPOSIT", AS SECTION 52.38; BY REDESIGNATING 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS", AS SECTION 52.37 AND AMENDING IT TO ADD THE WORDS "IF APPLICABLE"; BY AMENDING SECTION 52.39, "OTHER FEES" BY ENACTING A NEW SUBSECTION (E), "METER REREAD CHARGE", TO PROVIDE FOR A SERVICE CHARGE FOR METER REREADS REQUESTED BY THE CUSTOMER, BY ENACTING A NEW SUBSECTION (F), "REMOVAL OF SERVICE LINE", TO PROVIDE FOR A CHARGE FOR THE REMOVAL OF A SERVICE LINE, BY ENACTING A NEW SUBSECTION (G), "REINSTALLATION OF A SERVICE LINE", TO PROVIDE FOR A CHARGE FOR THE REINSTALLATION OF A SERVICE LINE, AND BY ENACTING A NEW SUBSECTION (H), "DESTRUCTION OF METER AND/OR RELATED EQUIPMENT" TO PROVIDE FOR CHARGES IN THE EVENT OF DESTRUCTION OF A METER AND/OR RELATED EQUIPMENT; BY AMENDING SECTION 52.50, "RENDERING OF BILLS; WHEN PAYMENT DUE", TO DEFINE A BILLING CYCLE; BY AMENDING SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY" SUB- SECTION (A), TO CLARIFY THE RECON~ECTION CHARGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch stated this is a First Reading, but he will allow public comment if anyone wishes to speak on this ordinance. Ruby Rose Germaine, 2962 Calabria Way, Delray, a former accountant for a condominium located in Ft. Lauderdale, commented on the lower rates that were charged in Ft. Lauderdale as com- pared to the rates charged in Delray. She felt it might be a good idea to conduct a study in Delray to learn what is being done or not being done to cause such a difference. The City Manager requested that the Finance Director include Ft. Lauderdale in the rate comparison before the public hearing. Jean Beer, resident, asked that the City make some type of arrangement for those residents who must water their lawns with City water. The City demands that lawns be maintained, but -Ii- 9/14/93 during a drought, some residents cannot cut back without losing their lawns. Sandy Almay, resident, stated that all those people living on barrier islands have no choice but to use City water for sprinkling and, even though they monitor their lawn water very carefully, it is difficult to keep the usage'below 15,000 gallons per month. Dr. Alperin moved for the adoption of Ordinance No. 55-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Manager advised that they are trying to learn from the Water Management District if they will accept a rate structure which will exclude certain zones or have a difference in the structure for zones where shallow well irrigation is not feasible. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10o PUBLIC HEARINGS: 10.A, RESOLUTION NO. 80-93: A resolution to levy a tentative tax on all properties within the City of Delray Beach. City Manager recommends approval. 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. 80-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 80-93 is on file in the offi- cial Resolution Book) 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. Arthur Jackel, resident, spoke in regard to the budget, the percentage of debt and the support of private organizations -12- 9/14/93 by the Commission. He feels the City departments should be more eligible to receive those monies. Lenore Wachtel, a commercial property owner in Delray, stressed the importance of the P&Z Board and the P&Z Department working with the commercial property owners to fill vacancies. Once those are filled, it is her opinion that the assessed value will increase, the millage rate will be lowered causing the share of taxes paid by the residents to go down. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Resolution No. 80-93, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10,B, RESOLUTION NO. 81-93~ A resolution to levy a tentative tax on all properties within the Downtown Development Authority Taxing District. City Manager recommends approval. 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. 81-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DIS- TRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPRO- PRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 81-93 is on file in the offi- cial Resolution Book) The City Manager advised that it is necessary for him to announce that on the previous item, No. 10.A. (Resolution No. 80-93), the tentative operating millage rate of 6.86 per $1,000 exceeds the rollback rate of 6.31 per $1,000 by 8.7 percent. 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. Mr. Ellingsworth moved for the adoption of Resolution No. 81-93, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -13- 9/14/93 The City Manager announced that the tentative operating millage rate of $1 per $1,000 exceeds the rollback rate for the downtown development of $.95 per $1,000 by 5.26 percent. 10,C. RESOLUTION NO. 82-937 A resolution making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1993 to September 30, 1994. City Manag- er recommends approval. 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. 82-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL~AY BEACH, FLORIDA, MAKING TENTA- TIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DEL~A¥ BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1993, TO THE 30TH DAY OF SEPTEMBER, 1994; 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 INCONSISTENCY. (Copy of Resolution No. 82-93 is on file in the offi- cial Resolution Book) 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. Georg~ RQ~chfQrd, resident, commented that he feels expenditures for Boys and Girls Clubs in the amount of $51,000 plus and teen dances in the amount of $29,000 plus should be deleted from the budget, as it does not qualify as a public expense. It is also his opinion that a portion of the janitorial services for the City could be assumed by creating a program for volunteers, particularly if they could be sponsored by the em- ployers of the City. He feels the millage rate could be kept at 7.15 by reducing costs across the board and by prioritizing. Mayor Lynch advised that the annual cost for the City with regard to the Boys and Girls Clubs is about $300,000, of which the City is funding a small portion with the intention of eventually weaning it off. Jerry Marshall, resident, stated he feels one of the things the City is obligated to do is to make sure that the youth of the City is off the streets. It is cheaper to keep children -14- 9/14/93 occupied with dances and various functions, keeping them out of trouble, than it is to put them in jail. The public hearing was closed. Mr. Randolph moved for the adoption of Resolution No. 82-93, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10,D. ORDINANCE NO. 52-93: An ordinance adopting Plan Amend- ment 93-1. Planning and Zoning Board recommends approval, sub- ject to conditions. 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. 52-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 52-93 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. Sam McGhee, Executive Director of the T.E.D. Center, stated he found nothing in the Comprehensive Plan dealing with City efforts to increase the opportunity for small minority business enterprise and nothing enabling them to compete more effectively in the section in which they are currently operating. There seems to be nothing to increase the economic viability within the community. He feels the City spends an enormous amount of money in the service of target areas. With an Economic Development program, the tax base can be increased so that it will be, in his opinion, a business deal wherein the City would receive pay for money invested. His request is that the Economic Development program be placed in the Comprehensive Plan. -15- 9/14/93 Mayor Lynch reminded Mr. McGhee that the target areas he referred to are primarily within the Community Redevelopment area, and the City does not get the increased tax benefit, it goes to the CRA. He feels the concept is correct and business wise it makes a lot of sense, but those ideas should be addressed to the CRA. The public hearing was closed. Mr. Ellingsworth noted an inconsistency in the master plan with the Leon Weekes Scrub project. He commented that in the five-year plan we have approved funding for the upcoming fiscal year, as usual, but he now sees that it has been moved forward two years in the Comprehensive Plan and he feels a con- sistency should be maintained. He does not feel he can support the Comprehensive Plan change unless it contains an item for that particular project as he feels it is time to move on this. He requested that it be kept in the 1994-95 Capital Improvements program. Mr. Kovacs commented that the direction last year was to proceed with the Leon Weekes project in increments out of the operating budgets. Therefore, he has a presumption that that is what is being done and progress is being made. He has kept the Leon Weekes project in the five-year schedule so, if the incre- mental approach through the operating budget is not successful, we do not lose sight of the park and recreation monies. The City Manager stated the problem is that it is not in the operating budget and, at this point, we are dealing with a lot of assumptions. We .do not know how much the southwest park is going to cost, nor do we know how much revenue will be real- ized in impact fees and it was suggested that the project be left as we had it. We would then proceed, based on the amount of funds available. Mr. Kovacs stated that it is not recommended that the Comprehensive Plan be adopted tonight, but to discuss these issues that come up and continue to coordinate this capital budget with the City Manager's Capital budget and, if adjustments must be made two weeks from tonight, they would both be in sync. Dr. Alperin moved to continue Ordinance No. 52-93 to the regular meeting of September 28, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 10.E. ORDINANCE NO. 50-93: An ordinance rezoning land pres- ently zoned RM (Multiple Family Residential - Medium Density) to PRD (Planned Residential Development), said land being a portion of Tracts A and B, Lago Del Rey and a portion of the Plat of Lago Del Rey, Plat II A. Planning and Zoning Board recommends approv- al. Prior to consideration of passage of this ordinance on -16- 9/14/93 Second and FINAL Reading, a public hearing has been scheduled to be he01d at this time. The City Manager presented Ordinance No. 50-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT; SAID LAND BEING A PORTION OF TRACTS A AND B, LAGO DEL REY, AND A PORTION OF THE PLAT OF LAGO DEL REY, PLAT II A, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DIS- TRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 50-93 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised 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. 50-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10,F, ORDINANCE NO. $1-9~ An ordinance amending Land Devel- opment Regulations Section 4.4.13 (D) to add "wash establishment or facilities for vehicles" as a conditional use in the CBD (Central Business District) zoning district. Planning and Zoning Board recommends denial. 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. 51-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENTS OR FACILITIES FOR VEHI- CLES'' AS A CONDITIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT TO A LOCATIONAL RESTRIC- -17- 9/14/93 TION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 51-93 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Helen Coopersmith, resident, asked for clarification .regarding the location of and the definition of these "facili- ties'' She also asked if this would be applicable to the entire City. Jean Beer, Chairperson of the Planning and Zoning Board, responding to a question with regard to the reasons that this ordinance was turned down, stated that basically, the Plan- ning and Zoning Board feels this is not a proper use for the CBD zoning district. Wash facilities are defined in the Comprehen- sive Plan under Automotive Commercial zoning as a use for that area. This is a non-conforming use and there is one other non- conforming car wash in the CBD at this time. If this is ap- proved, the LDRs will be made inconsistent with the Comp Plan. The public hearing was closed. In response to Ms. Coopersmith, Mr. Kovacs commented that the term being used is "Car Wash Establishments/Facilities", which means the washing of cars for a commercial operation, even though it may be done by hand. This amendment affects only the geographic area of the Central Business District. The P&Z Board's interpretation of the Comp Plan is that auto-related uses are not to be in the Central Business District. Mayor Lynch commented that his interpretation was that the Commission was in favor of this particular car wash because the applicants have expanded their property and proven that they are doing a good job in the City, but we did not want these "facilities" to pop up all over the City. He questioned if this had been reviewed with a size limitation in mind or was there anything added stating that this must be the main use, or the only use, so a gas station cannot add a small car wash in the rear. Mr Kovacs responded that it is not contained in there, but it can be made a part of the ordinance. The way it is con- structed now, states that Wash Establishments/Facilities shall not be located east of the Intracoastal Waterway or on lots that front along Atlantic Avenue. That is the same location restric- tion that exists for gas stations. If the Commission would like to add a further requirement that, in addition, they shall not be -18- 9/14/93 on a parcel of land less than 20,000 square feet nor shall they be combined with any other use, that can be done. The City Attorney advised that would be a substantive use and it would be necessary to readvertise for the Second and FINAL Reading. Mr. Randolph stated if the auto-related portion can be kept strictly as a car wash, he would support it. His concern is that it be kept to the confines of where it is basically located and not have car wash establishments/facilities springing up all over town. Mayor Lynch expressed the feeling that this can be accomplished by creating it as the main use and limiting it to a size that will prevent them from popping up in small lots. The City Attorney reiterated that, if we do that, it is a substantive change in the ordinance and it would need to go back for First and Second Reading. Dr. Alperin stated he cannot support it in its present condition. Mrs. Smith commented that she would support the ordi- nance with the added conditions. Mr. Ellingsworth also agreed that he would support it with the added conditions. Mayor Lynch recommended that they direct the City Attorney to redraft the ordinance to contain the two changes and bring it back for First and Second Readings, since the Commission consensus is to support it under those conditions. Dr. Alperin moved for denial of Ordinance No. 51-93, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 53-931 An ordinance adopting the new Official Zoning Map. Planning and Zoning Board recommends ap- proval. 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. 53-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP; PROVIDING FOR THE MAIN- TENANCE THEREOF; PROVIDING A GENERAL REPEALER -19- 9/14/93 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 53-93 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. Mr. Randolph moved for the adoption of Ordinance No. 53-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor LYnch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.H, ORDINANCE NO, 54-~ An ordinance amending the Land Development Regulations by amending Section 4.4.21 "Community Facilities (CF) District", Subsection (B) to add "Cemeteries" as a principal use; and by amending Section 4.4.22, "Open Space (OS) District", to delete "Cemeteries" as a principal use. Planning and Zoning Board 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. 54-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.21, "COMMUNITY FACIL- ITIES (CF) DISTRICT" SUBSECTION (B), BY ADDING "CEMETERIES" A~ A PRINCIPAL USE; BY AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSECTION (B), BY DELETING "CEME- TERIES'' AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 54-93 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 54-93 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - -20- 9/14/93 Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11, CQmmen~$ End Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. ll.A. Qi~Y Man~qer's response to prior public comments and inquiries. ll.A.1, The Manager responded to an inquiry by Mr. Art Jackel relative to the status of funding for laptop computers for the Police Department. The City Manager explained that this item is included in the Police Department's Five-Year Capital Improvement Plan and that the Police Department is currently conducting research on this issue and hope to have a specific plan in Janu- ary, 1994 at which time they will be in a position to move ahead at that time. ll~B~ FrQm th$ Public. ll,B.1, MS, Susan D~vis, representing Hospice-By-The-Sea, expressed appreciation to the City for its contribution to Hos- pice, which is a national and local organization dedicated to the treatment of terminally ill individuals and offers support ser- vices for their families. ll,B.2. Mr. Dudley Remus. 114 S.E. 2nd Street, expressed con- cern relative to the revised minimum landscaping regulations. He felt these regulations would place a financial hardship on resi- dents and businesses throughout the City which will be affected by this ordinance and its complicated timeframes. Mayor Lynch responded that the Commission is working hard to see how every ordinance which is passed might affect residential and nonresidential properties within the City. He emphasized that staff is cooperating with property owners and is trying to be flexible in helping them to meet compliance in a timely fashion. ll.B.~. Mr. Ron Gibson, owner of a business which is located at 180 S.W. 2nd Avenue, pointed out this area has drainage problems and the street is in need of repair. He emphasized that the area needs additional protection against crime and that irrigation and landscaping compliance is not as important as combating increased crime. Mr. Gibson commented that the City has spent time and money beautifying the area north of Atlantic Avenue and felt that the southwest area of the City is being overlooked. ll.B,4. Mr. Elmer Stevens, owner of an automobile repair busi- ness located on S.W. 4th Street, concurred with comments ex- pressed previously and added that he felt the City should offer support to residential and commercial property owners rather than adding additional regulations to the existing ordinance. -21- 9/14/93 11.B.5. Mr. Art Jackel urged the Commission and the citizens of the City to be supportive of the various organizations and busi- nesses throughout the City. ~I.B.~, Mr. Anthony Re expressed appreciation to the City for supporting The Deaf Service Center. He pointed out that he personally uses services which are provided by the Center such as relaying calls, reading, writing, obtaining interpreters and general help in work situations. ll.B.7. My. Rggina Rabinowitz stated that she is a senior citi- zen and member of the Delray Chapter for Self Help for the Hard of Hearing (S.H.H.H.). She explained that S.H.H.H. is a national organization and that the Delray Chapter has been in existence for ten years providing services such as amplified telephones, lip reading classes, and many other services. She urged the Commission to continue its support as the organization benefits many people within the community. ll,B,8, My, ~indy Ciabotti. Client Specialist for The Deaf Service Center, stated that The Deaf Service Center, located at 100 East Linton Boulevard, has two staff members and pointed out further that the Center also provides services for children, provides workshops and a variety of other services for its cli- ents. She then read into the record a letter from a young girl who is taking sign language classes at the service center thank- ing the Center for providing such services. Ms. Ciabotti ex- pressed appreciation to the City for its support and contribution to the community. ll.B.9. Ms. Joan Gindlesperqer. Executive Director of The Deaf Service Center, thanked the Commission for participating at the facility's open house which was held last December. The Delray office was started in 1984 because of the great demand from the deaf and impaired hearing population who live in southern Palm Beach County. She expressed appreciation of the City's annual contribution of $4,000 during the past years; however, due to the present economic situation the Center has experienced cutbacks provided by grants, foundations and the United Way, The Deaf Service Center requests that the City increase its donation to $9,000 whereby the Center can continue its service to the commu- nity. il,B,10. Mr. Greqg Knuth. owner of commercial property in the City, stated that his business has experienced numerous break-ins and significant loss of property. He had approached the Police Department for advice in crime prevention and was advised to remove a hedge along a fence in order to have a better view of the site. This was done according to their recommendation only to be cited by Code Enforcement and that he then presented an amended landscaping plan which was approved by the City; however, he anticipates possible citation again when the landscaping ordi- nance becomes effective on October 1st. He added that he did not -22- 9/14/93 have a problem with installing new sod several times a year but needed help from the City relative to enforcement. ll~B,11. Mr. K. Aubrey, representing James H. Croft, owner of a business located at 101 SoE. 2nd Avenue, opposed the new land- scaping ordinance and pointed out that the City has various boards that regulate certain standards and ensure that these regulations meet compliance. He felt that many business owners are looking to relocate to other towns rather than comply with additional landscaping standards. ll.B.12. Mr. Keith Benson, owner of Benson Rugs, 30 S.E. 4th Street, pointed out that people are attracted to the City because of the businesses and that by adding new restrictions upon these rules that already exist only makes it frustrating for the small businessman. At this time the Commission returned to the First Readings portion of the agenda. 12,B. ORDINANCE NO. 56-99; An ordinance amending Chapter 54 "Sewers" of the Code of Ordinances to clarify the monthly custom- er charges where no water service is provided and to clarify the collection method of sewer service charges. City Manager recom- mends approval. If passed public hearing September 28th. The City Manager presented Ordinance No. 56-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS" OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION", TO CLARIFY WHEN A SEWER CONNEC- TION CHARGE MUST BE PAID; BY REPEALING SEC- TION 54.32 AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE", TO CLARIFY THE COLLECTION METHOD OF SEWER CHARGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch left the Commission Chambers at this time and Vice-Mayor Ellingsworth took the Chair. Dr. Alperin moved for the adoption of Ordinance No. 56-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -23- 9/14/93 12.C. ORDINANCE NO. 57-93; An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances to provide for an increase in the rates for garbage, trash, recycling and separate vegetation collection services and to provide charges for 90-gal- lon cart service. City Manager recommends approval. If passed public hearing September 28th. The City Manager presented Ordinance No. 57-93: 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 51.70, "REGULAR CHARGES LEVIED" TO PROVIDE FOR INCREASED GARBAGE AND TRASH S~RVICE 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 AN INCREASE IN THE FEE FOR SEPARATE VEGETATION COLLECTION SERVICE; TO PROVIDE FOR CHARGES FOR 90-GALLON CART SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Joe Safford, Finance Director, stated we have a eon- tract with Waste Management that expires September 30, 1996. Contained within the current contract, there are annual CPI increases and this year it will be three percent (3%). If we did nothing, this escalator clause would immediately take effect and we would amend the contract. Due to the fact that the County recently took and received some favorable bids on their collection services, including rates which were lower compared to ours, we felt it would be wise to contact Waste Management to see if they would voluntarily waive this CPI increase. They responded that they would be willing to waive the three percent (3%) increase in the garbage fees, if we would be interested in looking at the contract with regard to services, defining levels of service, doing neighborhood surveys and looking at the fact that we have numerous structures for garbage trash and trying to modernize that. The three options before the Commission are as follows: 1) Increase the fees by 3% 2) Waive the 3% and have the City negotiate with Waste Management to try and resolve a lot of inequities in the system 3) Look at provisions of the current contract and by common agreement see if improvements can be made -24- 9/14/93 Mr. Safford continued with an explanation of the high level of service that the City has required of Waste Management, as opposed to the service they provide to the County. Due to this high level of service, it has been learned that~ contractors, etc. from neighboring communities dump on Delray's empty lots because they know it will be cleaned up twice a week. Upon question, Mr. Safford stated there are pros and cons to each of the alternatives. We are not that far away from the expiration of the contract which allows him the ability to take the whole service out to bid. This contract, which was awarded a long time ago, gave them a certain base bid, and we have been adding cost of living adjustments every year without question. He does not particularly like that kind of contract. Mr. Safford commented that, in looking at this from a financial view point, we would probably look to see if there are more competitive bases in comparison to that of Waste Management. There is no way to compare those costs unless we put it out to bid. If the Commission is looking at the cost increase to our residents, we can give you alternate number two which would waive that three percent cost increase. The only way to compare ser- vices to other cities on a one-to-one basis is with option number two, thereby letting them waive the three percent and we will probably be back with a renegotiated contract with some better rate structures. However, Waste Management will be looking for an extension of the contract. Dr. Alperin asked if this means the COLAs may be elimi- nated in the process of renegotiation. Mr. Safford responded that that is wide open as far as renegotiating a contract. Being good businessmen, he feels they would be looking for at least two additional years. Mrs. Smith moved for the adoption of Ordinance No. 57-93 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Vice-Mayor Ellingsworth stated this is not a public hearing, but he will open the floor to comment if anyone would like to speak. Alice Finst, representing the Homeowners League of Chatelaine, stated they are one of those communities that pay for rear door pickup. The problem they have is that the garbage collectors do no choose to pick it up at the rear door, even though the customer is paying extra for this service, so people place it on the street. The residents have been notified on numerous occasions, and Waste Management has been notified, but to no avail. -25- 9/14/93 Arthur Jackel commented that he feels Waste Management is doing an excellent job and always has. Jean Beer stated she lives in an area that also has the rear-door pickup and has experienced the same type of problem. After much complaining, the garbage is finally removed from the rear location and the empties are returned, but not always to their original location. The remainder of the service they perform is great, but she feels the people should have a choice as the cost has increased considerably. At the same time, she would not like to see the City give up a better deal by waiting until 1996 as opposed to a small short-term gain. 'Floyd Cherry, General Manager of Waste Management, expressed concern regarding the complaints that he has heard tonight. He would like the people to understand that when those kind of problems come to his attention, they will be corrected. Their goal is to not only take out of the community, but to also put back into the community. He would like the residents to know that Delray Beach receives the highest level of service in Palm Beach County and that is one of the reasons the rate is what it is. At this point the roll was called to the motion. 13. Comments and Inquiries on Non-Agenda Items: 13.A. CommissiQn i3.A.1. Mr. Randolph: No comments were made. 13.A.2. Mrs. Smith complimented the Department of Parks and Recreation on a recent brochure which that department recently provided. She gave credit to Pam Post, Special Events Supervi- sor, for her work on the publication and that the material was very informative and easy to read. 13.A,3. Dr. Alperin expressed concern over the fact that the Palm Beach County School Board is proceeding with a proposal of the Morikami site for a new elementary school. He did not feel this site is designed to the present standards. The School Board claims that this proposal will not interfere with the processing of School Site "S" Commissioner Alperin expressed concern that this recent proposal would interfere with the funding for School Site "S" and commented that the Commission should be aware of the School Board's activities. 13.A.4. Vice-Mayor Ellingsworth made reference to information which was provided in the agenda packet relative to a report from the Metropolitan Planning Organization in regard to funds which the City had requested for Atlantic Avenue. He reported that Atlantic Avenue had been chosen No. 1 out of 44 projects in Palm Beach County and that the County's Technical Advisory Committee -26- 9/14/93 will be voting on the item tomorrow and will forward their action to FDOT's district office in Ft. Lauderdale for approval. It was suggested by Vice-Mayor Ellingsworth that the backup material provided in the Commission's agenda packet rela- tive to individuals who applied for a particular position on a board should be condensed. He further suggested that staff provide a one page listing, thus eliminating paperwork and staff's time. 13,B, City Attorney. No comments. 1~,~, City Manager. The City Manager, in response to the Mayor's inquiry at the Commission's last meeting regarding the status of the Master Drainage Plan, reported that staff recently met with the consul- tant and that it should be finalized about the first of October. The City Manager responded to Dr. Alperin's inquiry regarding training for City Boards by explaining that this train- ing will be presented in two sessions. The first session will be held during the month of October and will be on the topic of Roberts Rules of Order. The second session's topic will be how to conduct informal meetings and this session will be scheduled sometime during the month of November. The City Manager reported that the International Asso- ciation of Fire Chiefs has approved the process for recruiting and hiring fire personnel. At a conference which was held on August 30th, the City was recognized among the six most outstand- ing administrative programs among fire departments nationwide. In response to Vice-Mayor Ellingsworth's inquiry as to why the item (13.D) is placed on the agenda, the Manager ex- plained that the Mayor had requested this item be placed on the agenda for every other meeting so that the Commission is made aware of activities and/or issues of the County and other munici- palities. iS,D, County and Municipal Issues. NONE. Vice-Mayor Ellingsworth declared the meeting adjourned at 8:50 P.M. Jcity cle ATTEST: -27- 9/14/93 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 14, 1993, which minu~es were formally approved and adopted by the City Commission 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. -28- 9/14/93