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02-07-84SpMtg FEBRUARY~7~' 1984 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, February 7, 1984. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Doak S. Campbell Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City ~anager James L. Pennington and City Attorney Herbert W.A. ?hiele. Mayor Young called the me~ing to order and announced that this meeting has been called for the purpose of (1) considering ratify- ing the SC~D Board's action relative to amendment to ~ngineering contract and authorize final plans and specifications; (2) considering ratifying the SC~TD Board's action to authorize the Executive Director to proceed with corrective modifications to the Clarifiers and D.A.F. Units; (3) considering resetting date for FOP impasse resolution hear- ing; (4) considering tent permit for Evangelism for Christ Church; and (5) considering Supersedeas Bond relative to 8th Street appeal. Mr. Bird moved for ratification of the SCR%~D Board's action relative to amending the Engineering contract and authorization of final plans and specifications, seconded by ~. Perry. Said motion passed unanimously. 2% Mr. Bird moved to ratify the SC~TD Board's action to au- thorize the Executive Director to proceed with corrective modifications to the Clarifiers and D.A.F. Units, seconded by Mr. Perry. Said motion passed unanimously. ~. Bird moved that they take the date and time they have already set aside, February 16th at 4:00 P.M., and make that an Execu- tive Session and, subsequent to that meeting, set a date for the F.O.P. impasse resolution hearing, seconded by 5~. Jackel. Said motion passed unanimously. Mr. Jackel moved that any action taken by the City Council at subsequent sessions regarding wages for Police Officers be retro- active to February 1, 1984, seconded by ~. Bird. &aid motion passed unanimously. Before roll call, Mr. Bird clarified that this motion would not presume an action regarding salary, but if such action were taken, it would be retroactive. Mr. Jackel concurred. At this point the roll was called to the motion. 4~ ~. Bird moved to authorize a tent permit for Evangelism for Christ Church subject to the Engineering concerns, availability of sanitary facilities and proof of fireproofing, seconded by ~. Perry. Upon question by ~. Jackel, the City Attorney advised that liability insurance is not required; however, Council may impose it. Council discussion was had relative to notification of the neighbors; the City Attorney advised that it is not required in the ordinance. He outlined the requirements which are in the ordinance and noted that these have all been met. Further, the permit is for two weeks, not thirty days. A representative of the Church advised that the neighboring property is a grocery store. It will be on the corner of N.~. 10th Avenue and Atlantic Avenue, the same place they held it last year. They would like to set up on February 17th and they would like 30 days. The City Attorney advised that the applicants can apply for two two-week permits or Council can waive the two-week requirement and make it for 30 days if they desire. Mr. Bird restated his motion: to authorize the erection of a tent on Atlantic Avenue between N.W. 10th and llth Avenues for the purpose of holding an Evangelistic service for the period commencing on February 17th running through ~arch 2nd, with the further stipulation that the applicant may come back to Council on February 28th and request an extension to fulfill the 30 days, seconded by 5~. Jackel. Said motion passed unanimously. The City Attorney reported that currently in the First Dis- trict Court they are appealing the adverse ruling from Paul Pappas, DO~ Secretary, on the 8th Street case. At the time Paul Pappas entered his order, Palm Beach County filed a motion to vacate the stay which had been entered by DOT which held up the transfer of the maintenance and jurisdictional responsibility. DOT denied their request; however, they imposed upon the City a requirement that they file a Supersedeas Bond in the amount of $120,000. The City filed a motion in the First District Court to vacate that order which was recently denied. Therefore, the City is required to post the $120,000 Supersedeas Bond which they have made arrangements to get through their insurance company out of ~iami. They are requesting Council's authorization to proceed to post the bond, which will cost the City $2,400, or to post the cash with DOT, if they will allow that, escrow the funds and make some arrangements as to who gets the interest on the money. Mr. Perry moved to authorize the City Attorney to post the bond, seconded by 5~. Jackel. Upon question by ~. Jackel, the City Manager advised that they do have that $120,000 on hand. Upon further question, the City Attorney advised that if it is possible for him to arrange for them to post the money in an escrow account with the City getting the interest on it, the City would be saving $2,400 plus whatever interest the money may earn. Mr. Perry amended the motion to permit substituting the cash posting instead of the bond, seconded by ~. Jackel. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 7:25 P.~. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of De lray Beach and that the information provided herein is the minutes of the meeting of said City Council of February 7, 1984, which minutes were formally approved and adopted by the City Council on ~'~/,~'~~'~ . City Clerk NOTE'-TO-READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. 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. - 2 - 02/07/84