04-14-81 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
April 14, 1981
AGE N D A
1. Opening Prayer.
2. Pledge of Allegiance to the flag of the united States of America.
3. a. Approval of minutes of special meeting of April 6, 1981.
b. Presentation of plaque to Santa Claus.
4. Presentation of items by Council Members.
5. Recognition of public requests from the floor.
6. a. Items not on the agenda submitted through the City Manager.
b. CONSENT AGENDA
(1)
(2)
(3)
(4)
( 5)
Vf6)
(7)
(8)
(9 )
Consider approval of Retired Senior Volunteer Program
(RSVP) .
Consider authorizing beach engineering services contract.
Consider beach maintenance nourishment study.
Consider authorizing submitting to sale confiscated vessel,
Topaz.
Consider authorizing seeking bids for acoustic ceiling at
the Delray Beach Country Club.
Request for permit to erect a tent within the City for the
purpose of conducting a Community Outreach Program from
June 27th to August 8th.
Consider purchase of two motorcycles for the Police De-
partment.
Consider appointment to the Planning & Zoning Board.
Consider appointments to the Civil Service Board.
(10) Consider authorizing execution of an amendment to an agree-
ment between the City and Highland Beach relative to Dis-
posal Contract.
(11) Consider City maintenance of pumps and sprinkler system
lines -- Homewood Boulevard.
(12) Acknowledge minutes of Beautification Committee meeting
of March 4, 1981.
(13) Consider request for water and sewer service outside the
City -- 1043 Germantown Road (Guillermina A. and
Elisandro N. Espinoza, applicants).
(14) Consider execution of Developers Utility Service Agree-
ment -- Dimentional Builders, Inc.
(15) Consider request for street paving -- S. E. 1st Avenue.
(16) Consider request for permission to hold Annual Summer
Beach Festival on July 25th at Anchor Park.
6. b. (17) Consider adoption of Resolution No. 24-81 relative to
the purchase of a pavement marking machine.
(18) Consider adoption of Resolution No. 25-81 relative to
purchase of a beach cleaning machine.
REGULAR AGENDA
c. Presentation of the 1979-80 municipal audit.
d. Consider authorizing execution of an agreement between the
City and Palm Beach County for the County to accept the
maintenance and operation of certain traffic control devices
located in the City.
7. Petitions and Communications
a. Consider request for transfer of ownership of Certificate of
Public Convenience and Necessity -- Joseph Kovar to Raymond
Ciccone.
8. Resolutions and Ordinances
a. Second and FINAL Reading of Ordinance No. 14-81 relative to
eliminating two-hour parking on N. E. 1st Avenue.
b. Second and FINAL Reading of Ordinance No. 15-81, amending
Section 2(a) of Ordinance No. 6-81 to provide for additional
conditional uses.
c. First Reading of Ordinance No. 16-81 relative to off-street
parking regulations (tandem parking) .
d. First Reading of Ordinance No. 18-81 relative to impoundment
of livestock, dogs and cats and assessing impoundment fees.
e. First Reading of Ordinance No. 22-81 relative to annexation
South of Linton Boulevard if extended east, between AlA and
the ocean (Clare W. Miller, applicant).
9. Reports
None.
AGENDA 4-14-81
Page 2
PRE F ACE
CONSENT AGENDA
6. b.
(1) Council informally agreed at workshop sometime ago to
consider formal approval of the Retired Senior Volunteer
Program. The program essentially provides that senior
citizen's skills will be matched with job needs of the
participating jurisdiction (Delray Beach). The volunteers
who participate in the program would contribute their
time to the City.
Approval is recommended.
(2) It is recommended that Council authorize Arthur V. Strock
& Associates, Inc., the City's beach consulting engineers,
to provide beach engineering services under the terms of
the recently approved City/Strock contract for sand fence,
access improvements, vegetation, landscaping, preparation
of funding applications and other miscellaneous engineer-
ing services germane to maintenance of the City's beach
and coastal area.
This item was on the March 24th agenda at which time it
was referred to the April 7th workshop meeting.
(3) The study for beach maintenance nourishment is required
on a continuing basis to determine erosion losses. The
work involves topographic and hydrographic surveys to
evaluate the effectiveness of beach nourishment.
This item was on the March 24th agenda at which time it
was referred to the workshop meeting on April 7th.
It is recommended that Arthur V. Strock & Associates,
Inc., consulting engineers, be authorized to perform this
work under the terms of the City/Strock contract recently
approved by Council.
(4) It is recommended that Council authorize submitting to
sale the vessel, Topaz, confiscated in a drug arrest and
that auctioneer Jim Graham be retained to handle the sale
by auction under terms and conditions similar to the last
boat sale.
(5) It is recommended that Council authorize the administration
to seek bids for acoustic ceiling at the Delray Beach
Country Club.
(6) Reverend Keith Dennis of the Daughter of Zion S.D.A. Church,
has requested a permit to erect a tent on City-owned land
located on S. W. 2nd Street between 8th and 9th Avenues
to be used for Vacat10n Bible School and Bible lectures
from June 27th to August 8th.
Council, at the March 17th workshop meeting, agreed to the
concept and asked the City Attorney to research the legal
ramifications. Because the proposed project involves the
erection of a tent, the church will be required to comply
with the provisions of Section 16-3 of the Code of Ordi-
nances. The City Attorney has given legal clearance to
the request.
Approval is recommended.
PREFACE 4-14-81
Page 1
6. b.
(7) The purchase of two motorcycles for the Police Depart-
ment was discussed at the workshop meeting on April 7th.
The following bids have been received:
Bidder
Quotation
Each Total
Palm Beach Kawasaki
West Palm Beach
$4,396 $8,792
Kawasaki Dynamics
North Palm Beach
4,534 9,068
Delray Beach Kawasaki
Delray Beach
4,687 9,374
It is recommended that the motorcycles be purchased from
Palm Beach Kawasaki in the amount of $8,792 with funding
to come from the 1980-81 Law Enforcement Trust Fund in
the current budget.
(8) As discussed at the April 7th workshop meeting, Council
is to consider the appointment of Michael Christensen as
a member of the Planning & Zoning Board to the unexpired
term of Leo Blair ending September 28, 1981.
Approval is recommended.
(9) As discussed at the workshop meeting on April 7th, Council
is to consider the appointments of Virginia G. Cady as a
regular member of the Civil Service Board to the unexpired
term of Roy I. Mitchell, ending April 1, 1982 and the
appointment of Albert W. Johnson, Jr. as an alternate
member to the unexpired term of Virginia G. Cady, ending
July 1, 1983.
Approval is recommended.
(10) It is recommended that Council authorize execution of an
amendment to the agreement between the City and Highland
Beach relative to the sewage Disposal Contract.
(11) As discussed at workshop on April 7, 1981, it is recommend-
ed that Council approve City maintenance of two 30 H.P.
pumps and one starter pump and the maintenance of sprinkler
system lines (but not sprinkler system heads) on the
median strip of Homewood Boulevard between Red Hibiscus
Drive and Linton Boulevard and on the north side of Linton
Boulevard street right-of-way between Homewood Boulevard
and the L-34 Canal for a one-year period ending April 14,
1982.
(12) The Mayor should acknowledge minutes of the Beautification
Committee meeting of March 4, 1981 and refer the item
marked for Council attention to the administration.
(13) The City is in receipt of an application from Guillermina
A. and Elisandro N. Espinoza for City water and sewer
service to serve .399 acres located at 1043 Germantown
Road, which is outside the City. This is a single family
residence.
It is recommended that Council approve execution of the
City's standard water service/annexation agreement, which
will permit the City to provide the requested water service
to the applicants.
(14) A Developers Utility Service Agreement has been received
from Dimentional Builders, Inc. for the providing of
water and sewer service to 17.29 acres located at the
northwest corner of Lake Ida Road and Congress Avenue.
PREFACE 4-14-81
Page 2
6. b. (14) In accordance with City pOlicy, the developer has depos-
ited a check in the amount of $6,800 in the City's
Developers' Fund to cover $62.50 per living unit for
sewer and $37.50 per living unit for water for 68 units.
It is recommended that Council approve execution of the
agreement by motion at Tuesday night's meeting.
(15) A request has been received for the City to construct -
paving on S. E. 1st Avenue between S. E. 8th Street and
S. E. 9th Street, with said improvement to be financed
by special assessment. The estimated project cost is
$15,000.
The owners of 50% of the affected property have indicated
they favor the improvement and Florida Power & Light,
owner of the remaining property involved has been approach-
ed and has this under advisement. It is recommended that
Council authorize proceeding with special assessment
procedures which will entail a public hearing at a future
date, at which time the wishes of the affected owners can
be conclusively determined.
This was discussed at the April 7th workshop meeting.
(16) The Delray Beach Kiwanis Club Sunrise has requested per-
mission to hold their Fifth Annual Summer Beach Festival
on July 25th at Anchor Park.
A copy of a letter from Dr. Franklin M. Boyar, Summer
Beach Festival Chairman, dated March 31st, is enclosed.
Approval is recommended.
(17) The following bids have been received for the purchase of
a pavement marking machine for the Engineering Department
Traffic Division:
Bidder
Quotation
Prismo Universal Corporation
Parsippany, NJ
$19,556.00
M-B Company of Wisconsin
Chilton, WI
19,117.40
Shelley Tractor & Equipment Co.
Miami
16,854.95
Dave Smith & Company, Inc.
Ft. Lauderdale
19,950.00
It is recommended that purchase be made from prismo
Universal Corporation for their Model No. 240, which
includes additional equipment and accessories required
to meet the needs of the Traffic Division's operations
in the amount of $19,556 by passage of Resolution No.
24-81, with funding to come from the Federal Revenue -
Sharing Fund in the amount of $17,000 and the balance
of $2,556 to come from the General Fund Contingency
Account. (If there is any change in the recommendation
it will be made at the meeting.)
(18) It is recommended that Resolution No. 25-81 be adopted
authorizing the purchase of a beach cleaning machine at
a purchase price of $10,150, with funding to come from
Federal Revenue Sharing funds provided in the Parks &
Recreation budget. The budget provides $30,000 for the
purchase of a diesel tractor. A tractor was purchased
for approximately $19,000, thus leaving sufficient funds
in the account for purchase of the beach cleaning machine.
PREFACE 4-14-81
Page 3
6. b. (18) Originally, it was hoped the County would pay for the
beach cleaning machine, but this did not materialize.
The tractor is used to pull the machine in the cleaning
of the beach.
REGULAR AGENDA
c. A representative of May, Zima & Company is to make a pre-
sentation relative to the 1979-80 municipal audit.
d. It is recommended that Council authorize execution of an
agreement between the City and Palm Beach County for the
County to accept the maintenance and operation of traffic
control devices located at the intersections of:
1) North Swinton Avenue and N. E. 2nd Street.
2) South Swinton Avenue and S. E. 2nd Street.
3) South Swinton Avenue and South 10th Street.
4) West Atlantic Avenue and West 5th Avenue.
A copy of the agreement and the addendum are enclosed.
7. a. A petition for transfer of ownership of Certificate of Public
Convenience and Necessity was submitted to Council at the
meeting on March 24th. A public hearing in compliance with
Section 28-19, Chapter 28 of the Code of Ordinances has been
scheduled to be held at this time for the purpose of receiv-
ing objections, if any, to the transfer of ownership from
Joseph Kovar to Raymond Ciccone.
Following the public hearing, Council should determine
whether to approve the transfer of ownership. No additional
taxicabs are requested.
8. a. Ordinance No. 14-81, amending Chapter 26 "Traffic" of the
Code of Ordinances relative to eliminating the two-hour
parking zone on the west side of N. E. 1st Avenue from
Atlantic Avenue to N. E. 1st Street has been prepared for
Council consideration on Second and FINAL Reading at the
meeting Tuesday night. This ordinance was passed on First
Reading at the March 24th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Tuesday night's meeting in order that any interested
parties may be heard.
b. Ordinance No. 15-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will amend Section 2(a)
of Ordinance No. 6-81 relative to providing for additional
conditional uses. This ordinance was passed on First Reading
at the March 24th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Tuesday night's meeting in order that any interested
parties may be heard.
c. Ordinance No. 16-81, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to off-street parking (tandem parking)
has been prepared for Council consideration on First Reading
at Tuesday night's meeting.
Council, at the March 17th workshop meeting, instructed the
City Attorney to draft the ordinance.
d. Ordinance No. 18-81, amending Chapter 5 "Animals and Fowl"
of the Code of Ordinances has been prepared for Council
PREFACE 4-14-81
Page 4
8. d. consideration on First Reading at the meeting Tuesday night.
This was discussed at the January 10th workshop meeting.
e. Ordinance No. 22-81 relative to annexing a 1.7-acre parcel of
land, located south of Linton Boulevard if extended east,
between AlA and the ocean, subject to RM-15 (Multiple Family
Dwelling) District has been prepared for Council consideration
on First Reading at the meeting Tuesday night.
This property is presently zoned in the County as RM (Resi-
dential Multiple Family) .
Council, at the March 24th meeting, instructed the City At-
torneyto prepare an ordinance annexing the property.
Second and FINAL Reading and public hearing will be held at
the meeting on May 12th.
PREFACE 4-14-81
Page 5