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02-08-83 FEBRUARY 8, 1983 A regular 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 7:10 P.M., Tuesday, February 8, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Mayor Willard V. Young. 3. The Pledge of Allegiance to the flag of the United States of America was given. Reverend J. William Lester, Seminary of St. Vincent De Paul, who was scheduled to give the invocation, arrived at this time and gave the invocation. 4. Mr. Blair moved for approval of the minutes of the regular meeting of January 25, 1983, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Jo Harding, representing Tamiami Tile, requested that be- cause of an illness on the part of their manager, they would like item 32 removed from the agenda. 5.a.2. Mr. Joseph Bell, 140 Venetian Drive, spoke regarding the widening of A1A and requested that Council take action to join together with Highland Beach and vote their approval of the steps being taken to have the street widened. One community would not have much influence on a State-wide organization, but together they could have a measurable effect. 5.a.3. Ann Pfundston, owner of the Professional Building, on N.E. 4th Avenue, stated that recently she has been having trouble with the Police Department. If she evicts someone from her building it is for a reason and she does not want the Police interfering with her business. Mayor Young requested that the Administration investigate this matter. 5.a.4. Alice Finst, 707 Place Tavant, asked Council for an update report on what is happening with the water retention area behind Sudan Subdivision. The City Attorney stated that it is on the agenda tonight, on first reading, to annex the property; after annexation is accepted they will go to bids. 5.b.1. Mr. Blair stated that he would like an update on where the City stands with regard to Cox & Palmer Construction Corporation. Some time ago they made an offer to pay the City $5,000 towards moving the Finance Department and the City Clerk's Office out of City Hall. Coun- cil was never made aware of this offer and he feels that this item should have come before them so that they could have had a chance to discuss it. The City Manager stated that he has requested the Architect to arrange a meeting with Cox & Palmer so that they can identify the expenses the City has incurred due to the breaching of the roof. The meeting should be set up the week of the 14th and he will be reporting back to Council on their negotiations. The City's expenses due to the move are considerably over $5,000 and that is why they are trying to negotiate with Cox & Palmer. 5.b.2. Mr. Bird stated that he has read the letters regarding the offer from Cox & Palmer and he feels that they rescinded their offer only after the City suggested that they were breaching their contract. The rapidity with which the contract could be accomplished, the safety of the employees and the fact that there was a method of abating some of the costs should have been Council matters for deliberation, not a decision of the Administration. Mayor Young stated that he agrees with Mr. Bird's statement and feels that Council was left in the dark regarding this matter. It is a policy matter and should have been decided by them, not the Admin- istration. He also added that he is very distressed to learn that the City Manager is going to meet with the Internal Audit Committee, who by proclamation and ordinance, are an arm of Council. He stated that he does not want the meeting to take place unless Council is considered part of it and requested that the City Manager call a special meeting and confer with Council as to when it is convenient for them. The City Manager explained that at the request of the Inter- nal Audit Committee he offered to meet with them and bring them up to date on the Administration and Council's consideration of vehicle pol- icy. 5.b.3. Mr. Perry spoke regarding the City's Comprehensive Plan and stated that, as part of the statutory specifications, the plan is sup- posed to be updated every five years and Cities like Delray Beach should update it more frequently. He called Council's attention to the fact that they are now approaching the fourth year and suggested that they start looking towards initiating the first steps of updating the plan. 5.b.4. Mr. Bird stated that one of the things Council has been concerned about with regard to the Internal Audit Committee is the inability to obtain, on a regular basis, financial data which they can then review in the context of the budget. He would like to see the Committee take on the responsibility of providing a suggested format for an accounting procedure, which by the 1st of April would be available to Council for discussion and implementation by the Administration to show them ten days before the end of each quarter how they are doing. Mr. Bird moved that the Internal Audit Committee produce a document which would provide input so that Council could have a month by month financial input, seconded by Mr. Blair. Said motion passed unan- imously. 5.b.5. Mr. Jackel stated two months ago he made a motion to revise the budget to transfer $250,000 of unused personnel funds to capital improvements. To date he has not received a revised budget nor an addendum to the present budget; Council does not know for certain how the City is financially. The City Manager stated that the financial reporting system that the City has is not adequate and agrees with Mr. Bird's suggestion that they need to have a more timely and usable management report. He feels that Council and the Administration need to meet with the Inter- nal Audit Committee, decide what is needed and design a format. 5.b.6. Mr. Bird moved that Mr. Ralph Dye be appointed to serve the unexpired portion of Mr. Blaser's term on the Internal Audit Committee, seconded by Mr. Blair. Said motion passed unanimously. 5.b.7. Mayor Young read a proclamation proclaiming the week of February 6-12, 1983, as "Miami Dolphins Week". - 2 - 2/8/83 5.b.8. Mayor Young read a proclamation proclaiming the week of February 6-12, 1983, as "National Crime Prevention Week". 5.c. There were no Non-Agenda items by the City Attorney. 5.d. The City Manager stated that Boca Raton High School has requested the City's participation in their student government day for the 16th of February. He added that they also expect to be setting up a program with Atlantic High School some time in April. 6. Mr. Jackel requested that item 21 be removed from the con- sent agenda and placed as first item on the regular agenda. Mr. Bird moved for agenda approval, seconded by Mr. Blair. Said motion passed unanimously. EARLY CONSIDERATION 7. Mayor Young read a proclamation calling for the Referendum Election to be held March 1, 1983. PUBLIC HEARING 8. Ordinance No. 12-83 - Amending Code - Bottle Clubs. Ordi- nance No. 12-83, amending Chapter 3 "Alcoholic Beverages" of the Code of Ordinances defining bottle clubs, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 12-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEVER- AGES'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY , BEACH, FLORIDA, BY ADDING A NEW SECTION 3-7, DEFINING BOTTLE CLUBS, DECLARING SAME TO BE A PUBLIC NUISANCE, AND PROHIBITING SAME; PROVIDING CLARIFICATIONS OF SUCH PRO- HIBITION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 12-83 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 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. Bird moved for the adoption of Ordinance No. 12-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The City Attorney stated that item 10 would be acceptable, if Council could make the acceptance of the easements subject to ap- proval of the form of the easement deed by the City Attorney's Office. The following items are to be considered by Council as the Consent Agenda: 9. Auction of Confiscated Vessel. Council is to consider authorizing submitting to sale a 1982 30' Formula Off-Shore vessel, confiscated in a drug raid and that auctioneer Jim Graham be retained to handle the sale by auction under terms and conditions similar to the last boat sale. Approval is recommended. - 3 - 2/8/83 10. Easement - Congress Square, Inc. Council is to consider accepting a 76 foot long easement for egress/ingress from Congress Square, Inc., located at the southwest corner of Congress Avenue and Atlantic Avenue, subject to approval of the form of the easement deed by the City Attorney's Office. Approval is recommended. 11. Ratification - Human Relations Committee. Council is to consider ratifying the appointment of Phil Caldwell to the Human Rela- tions Committee to the unexpired term of Del Swilley ending March 15, 1984, representing the Chamber of Commerce. Approval is recommended. 12. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 3-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Estates II, is before Council for considera- tion. The caption of Resolution No. 3-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEg~RS AND WATER UTILITIES INSTALLED IN ESTATES II, RECORDED IN PLAT BOOK 39, PAGES 97 AND 98 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVEL- OPER FOR ONE YEAR. (Copy of Resolution No. 3-83 is on file in the official Resolution Book) 13. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 4-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Estates III, is before Council for considera- tion. The caption of Resolution No. 4-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND %~TER UTILITIES INSTALLED IN ESTATES III, AS RECORDED IN PLAT BOOK 40, PAGES 64 AND 65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 4-83 is on file in the official Resolution Book) 14. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 5-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Faircrest Heights, is before Council for consideration. The caption of Resolution No. 5-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN FAIRCREST HEIGHTS, AS RE- CORDED IN PLAT BOOK 42, PAGES 68 AND 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. - 4 - 2/8/83 (Copy of Resolution No. 5-83 is on file in the official Resolution Book) 15. Streets Acceptance. Resolution No. 6-83, accepting streets as operational as recorded in the plat of Faircrest Heights, is before Council for consideration. The caption of Resolution No. 6-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN FAIRCREST HEIGHTS, AS RECORDED IN PLAT BOOK 42, PAGES 68 AND 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR- IDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVEL- OPER FOR ONE YEAR. (Copy of Resolution No. 6-83 is on file in the official Resolution Book) 16. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 7-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Homewood Lakes, Section D, is before Council for consideration. The caption of Resolution No. 7-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND %~TER UTILITIES INSTALLED IN HOMEWOOD LAKES SECTION D, AS RECORDED IN PLAT BOOK 40, PAGE 83 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 7-83 is on file in the official Resolution Book) 17. Streets Acceptance. Resolution No. 8-83, accepting streets as operational as recorded in the plat of Homewood Lakes, Section D, is before Council for consideration. The caption of Resolution No. 8-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN HOMEWOOD LAKES SECTION D, AS RECORDED IN PLAT BOOK 40, PAGE 83 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORM- ANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 8-83 is on file in the official Resolution Book) 18. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 9-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Professional Office Plaza for Acquilano, is before Council for consideration. - 5 - 2/8/83 The caption of Resolution No. 9-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND %~ATER UTILITIES INSTALLED IN PROFESSIONAL PLAZA FOR ACQUILANO, AS RECORDED IN PLAT BOOK 44, PAGE 147 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLO%~ING LOCATIONS: A SEWER MAIN FROM THE NORTHEAST CORNER OF THE PLAT NORTHERLY ALONG THE WEST SIDE OF FEDERAL HIGH%~Y TO S.E. 10TH STREET; THENCE WEST ALONG S.E. 10th STREET TO THE EXISTING MAIN AT S.E. 4TH AVENUE; A WATER MAIN ALONG THE EAST SIDE OF S.E. 4TH AVENUE FROM S.E. 9TH STREET SOUTH TO S.E. 10TH STREET; THENCE EAST ALONG THE NORTH SIDE OF S.E. 10TH STREET TO FEDERAL HIGH%~Y, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTIL- ITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 9-83 is on file in the official Resolution Book) 19. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 10-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Rainberry Bay, Section 1, is before Council for consideration. The caption of Resolution No. 10-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND %~TER UTILITIES INSTALLED IN RAINBERRY BAY, SECTION 1, AS RECORDED IN PLAT BOOK 33, PAGES 174 AND 175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 10-83 is on file in the official Resolution Book) 20. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 11-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Rainberry Bay, Section 2, is before Council for consideration. The caption of Resolution No. 11-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY BAY, SECTION 2, AS RECORDED IN PLAT BOOK 37, PAGES 121 AND 122 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 11-83 is on file in the official Resolution Book) - 6 - 2/8/83 22. Agreement between the City and the American Red Cross. Council is to consider authorizing execution of joint operating agree- ment between the City and the Palm Beach County Chapter of the American Red Cross relative to responsibilities during a natural disaster. Approval is recommended. Mr. Blair moved for approval of the Consent Agenda with the modification to Item 10 as explained by the City Attorney and the excep- tion of Item 21, seconded by Mr. Jackel. Said motion passed unani- mously. REGULAR AGENDA 21. Pilot Cart Program. Council is to consider discontinuing the pilot cart program in the northwest area and move the carts to the southwest area. Upon question by Mr. Jackel, Mr. Bird stated that subsequent to an action Council took where they suggested that if the carts were not going to be acceptable in the northwest area they ought to be moved to an area where the citizens had indicated a desire to have them, it came to his attention, from his neighbors, that if the trash collection procedure was to be as specified, they would take a relook at their carts. He suggested that a letter be sent with the same postcard that was sent to the other sections of the City where the carts were put out for testing, and allow another week to 10 days to receive citizen input. Mr. Bird moved that the test in the northwest section be continued for long enough that a poll can be conducted with the citizens who are participating and that input be added to the other polls that have been conducted, seconded by Mr. Perry. Said motion passed unani- mously. 23. Beach Erosion Control. Resolution No. 2-83, authorizing submission of an application to the Department of Natural Resources for allocated funds to monitor the beach erosion control project, is before Council for consideration. The City Manager presented Resolution No. 2-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGARDING INFORMATION FOR APPLICATIONS FOR EROSION CONTROL TRUST FUND FUNDS UNDER PROVISIONS OF CHAPTER 161.091, SETTING FORTH THE NEED FOR FUNDS TO MONITOR THE BEACH EROSION CONTROL PROJECT, TO EVALUATE DUNE AND VEGETATION PERFORMANCE, AND TO IMPLEMENT THE RECOMMENDATIONS OF THE DUNE AND VEGETATION EVALUATION. (Copy of Resolution No. 2-83 is on file in the official Resolution Book) The City Manager stated that the City has been engaged for a number of years with a continuing beach renourishment program which requires periodic monitoring. They are now looking toward the 1984 fiscal year for the next major beach renourishment program and the major funding for that is Federal through the State and with County and other local participation. The grant application that they are asking Council to approve tonight is part of the normal yearly monitoring. However, it also contains some funds which could be used, at Council's direction, at a later time for protective walkways, rechanneling or protection of entrances to the beach. The total grant would be $162,500 and the Administration is recommending that Council approve the grant applica- tion. Mr. Bird moved for the adoption of Resolution No. 2-83, seconded by Mr. Blair. Said motion passed unanimously. The City Attorney stated that the document would be subject to the City Attorney's approval because it has phrases within it that the City has had problems with in the past. - 7 - 2/8/83 The City Manager suggested that as they are going to have the major beach renourishment program in 1984, should Council desire, he will schedule a major workshop item on this subject which would enable them to discuss some of the history, current status and some of the program changes that they can expect. 24. St. Patrick's Day Parade. Council is to consider estab- lishing the hours for the St. Patrick's Day Parade to be held on Sat- urday, March 12th. Staff recommends 11:00 A.M. The City Manager stated that there were discussions held last year, with Council and the Administration concurring, that the time of the parade should be changed to 11:00 A.M. for various reasons of control. Before contacting the sponsors of the parade to confirm that time, he would like to remind Council of their decision. Mr. Bird moved to establish the hours of the parade as 11 a.m., seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Patrick Tyson, Boca Raton, stated that he has been very involved with the St. Patrick's Day Parade for five years. The arrange- ments for this year have already been made for 2:00 P.M. and he feels that the organizers should be given the chance to explain where the money goes from the parade and how changing the time will upset their plans. Mary Rose Baker, 100 E. Linton Boulevard, stated that she has been active in organizing the parade for five years. She has al- ready made arrangements with several bands and arranged for floats to participate in the parade. As in the past, they were notified that the parade will start at 2:00 P.M. These are charitable groups and the organizers contribute to them so that they may get funds to contribute to local charities. She feels that if they had been notified earlier that the time of the parade was going to be 11:00 A.M. different arrange- ments could have been made, but to be told only six weeks before will make it very difficult. Most of the bands have other commitments and she does not know whether they will be able to change their schedules at such a late date. Mr. Bird commented on a letter, dated February 12, 1982, from the Chief of Police to the City Manager which states that Chief Kilgore had met with the parade committee and it was mutually agreed that as they had already made luncheon reservations and plans for a 2:00 P.M. starting time it would be in the best interests to keep it at that. However, it was determined that next year's parade (the one in ques- tion), would definitely start at an earlier time. Gene Stimmler, Patio Delray, stated that in 7 years at his restaurant he has never seen anything on Atlantic Avenue that constitu- ted a problem. He also stated that the traffic will be at its heaviest at the time they are planning to have the parade. He suggested starting the parade later than 2:00 P.M. so that people will not start arriving until later in the afternoon. Elivio Serrano, representing the South County Drug Abuse Foundation, stated that they do benefit from the parade. His concern about the time change is that perhaps it will interfere with some of the business activities of the merchants on Atlantic Avenue. Mr. Danielsky, General Manager of the Arcade Tap Room, stated that they already have 1,000 reservations. People are going to be arriving for lunch right in the middle of the parade and there is no way he is going to be able to notify everyone within five weeks about the change in time. - 8 - 2/8/83 Chief Kilgore, stated that at the meeting held last year it was their intention to have the parade at 11:00 A.M. They were con- vinced to leave it at 2:00 P.M. as most of the arrangements had already been made. He informed everyone at the meeting that this year the parade would be held at 11:00 A.M. He is not concerned with where the pro- ceeds will go, he is concerned about the safety of the citizens. Mr. Perry stated that he can understand the problem of the organizers having to change their arrangements. He suggested that perhaps Council could reconsider on the basis of the pragmatics, but with the understanding that it is being said publicly and next year there will be no question that the time will be 11:00 A.M. Mr. Bird stated that when there is an unruly crowd that gets to a point where the public safety requires a K-9 unit present, he is concerned. He agrees with Chief Kilgore's recommendation and stated that he will not change his vote on this issue. Mayor Young stated that he agrees with Mr. Bird's statement and will not change his vote either. Mr. Jackel recommended that the motion stand as is. 25. Representative for Testing Automatic Tabulatin~ Equipment. Council is to consider designating a Council Member as a representative for the testing of the automatic tabulating equipment relative to the Delray Beach Municipal Election which will be held Tuesday, March, 1, 1983. Mr. Bird moved to designate Mr. Jackel as representative, seconded by Mr. Perry. Said motion passed unanimously. 26. Invoice from Edward Stone and Associates. Council is to consider authorizing payment of invoice to Edward Stone and Associates for services rendered in preliminary design of Barwick Park. Approval is recommended. The City Manager explained that a few years ago the City was in the position of reviewing plats for what is now known as the Green- wood Subdivision. Part of the consideration for that was dedication of land or purchase of land from the Developers' Impact Fee, which when developed would become Barwick Park. As part of the Planning Board's consideration of the subdivision they needed to know what configuration the property would take. A recommendation was apparently made to hire an outside professional firm to take a look at the park property to analyze how it could best be used and arrangements were made for the developer to reimburse the City for the actual cost of the work to be done. The Administration can find no documentation in their files that that arrangement was ever formalized with the developers. The City is apparently obligated to pay the principal of the bill on the theory that they would be unjustly enriched. However, as he understands the situ- ation this does not in any way waive the City's rights to proceed against the developer or anyone else who might be responsible for this bill. Mr. Bird stated that it would seem that the Council at that time, of which he was a member, would have to have had this item brought before them. Unless someone can find where it was voted upon, it is not a legal contract. He feels that if Mr. Stone does as much government business, as he knows they do, then they too must be familiar with the provisions. To his knowledge he has never seen the plans; whether it enriched the City or not he is not sure. He would like to know on what basis and guidance Mr. Stone was given and on whose authority. Dan Winters, Parks and Recreation Director, stated that he never received any invoices from Mr. Stone and was under the assumption that Mr. Hoffman had paid them. ~en he was asked by the former City Manager to get some advice, he contacted Mr. Stone. He explained the problem to them that the City was working with a developer and needed some kind of design for the park. ~en he talked with Stone & Asso- ciates, he made it clear that they would be working with the developer. - 9 - 2/8/83 Mr. Perry stated that he feels when the City is called upon to pay a bill in excess of $3,000, there is an ordinance preclusion against such a purchase without first coming to Council. He asked whether the City is going to use the plans and what the term unjust enrichment means. The City Manager stated that as he understands it, the benefit the City received was after some detailed analysis when the identification of the property was made. It was then purchased by the City in exchange for developers land contributions. To that extent the City did benefit; the City accepted their advice and acted upon it. The City Attorney explained that, basically, unjust enrich- ment is a legal contract theory which states that even though there is no valid contract between the parties, if you allow them to do the service and then receive a benefit from the service, they could sue you and say that you have received a benefit and they are therefore entitled to the value of that benefit. He stated that to his understanding there was no contract or any intended between the City and Stone & Associates. The problem is that the City derived a benefit from their activities. Alice Finst, 707 Place Tavant, stated that as she recalls the situation, Mr. Hoffman had wanted to proceed with his plat but nobody knew where the park was going to be until the plan was designed by Stone & Associates. They presented five different plans and the final dimensions were decided on after these renderings were discussed. The reason they were asked to do the survey was because no one could come up with dimensions on what the parcel would be. Mr. Bird stated that if that is the case then the primary beneficiary is Mr. Hoffman, who finally got something that the Planning and Zoning Board was willing to accept. He feels that Mr. Hoffman received the enrichment, not the City. Mr. Perry stated that he agrees with Mr. Bird's statement. Mr. Bird moved to authorize payment of invoice with funds to come from the contingency account, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Mayor Young - No. Said motion FAILED by a 5 to 0 vote. 27. Soap Box Derby. Council is to consider approving a request for the Goldcoast All American Soap Box Derby on Linton Boulevard Bridge on Saturday, July 2nd (rain day - July 3rd). Approval is recommended. Mr. Perry moved to approve the request for the Soap Box Derby on July 2nd, seconded by Mr. Jackel. Before roll call, Tony Aikens, Derby Director, stated that in their plan that was submitted they requested the use of both lanes of the bridge. They have obtained permission from the County to do this but also need permission from the City. The City Attorney suggested that if Council approves the use of both lanes, it should be subject to review of their insurance abil- ity. Chief Kilgore stated that the original plan submitted called for the west bound lane only. He would have no objection to blocking the entire bridge, but feels that they would need permission from the Coast Guard to do so. Upon question by Mr. Bird, Allen Rice, Derby Director, stated that he has spoken with Dan Winters who expressed the desire to have the Derby tied in with Yankee Doodle Day and publish it as part of the program. Mr. Perry amended his motion as indicated by the City Attor- ney, seconded by Mr. Jackel. Said motion passed unanimously. - 10 - 2/8/83 28. 8th Street Bridge. Council is to consider authorizing the City Attorney's office to institute appropriate appelate proceedings. Mr. Bird moved to authorize the City Attorney's office to institute appropriate appelate proceedings and proceed with options 1, 2, 4 and 6 as outlined in the City Attorney's memorandum, seconded by Mr. Perry. Said motion passed unanimously. 29. Amendments to the Civil Service Act. Council is to con- sider approving and recommending to the Florida Legislature and the local Legislative Delegation the adoption of certain amendments to the City of Delray Beach Civil Service Act. Approval is recommended. The City Attorney stated that Council has been furnished the new proposed House Bill that was prepared pursuant to their direction. Mr. Bird moved to approve and recommend to the Florida Legislature and the local Legislative Delegation the adoption of certain amendments to the City of Delray Beach Civil Service Act, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Leonard Syrop, Chairman of the Civil Service Board, stated that after much discussion and review the Board thought that an agree- ment had been negotiated between the Board, the City Attorney and the Administration. It is their opinion that the new section 10 is merely a patch work attempt to clarify the present section 10; basically, it changes very little and reduces the authority of the Board. They are recommending that all sections, except 10, be approved and that section 10 be referred back to the Civil Service Board and the City Attorney for further work. Mr. Bird stated that the Act states that the Board Counsel shall submit to the Board his or her instructions, conclusions of law and rulings of any question of law presented by the parties as well as his or her legal interpretations of the Code of Rules and Regulations. This only applies where the Counsel is mandated and that is only in cases of dismissal. This means that with the exception of one kind of hearing, where the liability to the citizens of the City and individual is the greatest, there have been no limits imposed on the power of the Board. Mayor Young left the Council Chambers at this time. Virginia Cad¥, member of the Civil Service Board, stated the Board feels, even if they go along with Council's philosophy, they should not go forward with section 10 at this time as it still causes a great deal of confusion. She feels they need a better definition in format so that they know clearly when they are talking about discharge or the less severe disciplinary actions. She is recommending that they not send the Bill forward to Tallahassee as it will only be a partial clean up of section 10. Mayor Young returned to the Council Chambers at this time. Mr. Bird stated that if Council does not take action on this now it will not be heard this year by the Delegation, which would then leave the Civil Service Board with what they have. He suggested that they go ahead and send it, with nothing to preclude the Board, for the balance of the year, from working with the City Attorney to make it better and submit it again next year. At this point the roll was called to the motion. 30. Telephone System. Council is to consider authorizing pur- chase of telephones in the amount of $8,000, with funds to come from the City Hall construction account. Telephones will be used in the new City Hall and Public Works Complex. Approval is recommended. - 11 - 2/8/83 Mr. Bird moved to authorize purchase of a telephone system with funds to come from the City Hall construction account, seconded by Mr. Jackel. Said motion passed unanimously. 31. Additional Telephone Conduits in City Hall. A change order, increasing the contract price by Cox Palmer Construction Corporation in the amount of $5,775, with funds to come from the City Hall construction account, is before Council for consideration. This change order adds additional telephone conduits to provide direct cOnnection to each telephone. Approval is recommended. Mr. Bird moved to authorize the change order, seconded by Mr. Perry. Said motion passed unanimously. 32. Tamiami Tile Sign Violation Matter. Council is to consider removing a stay of prosecution and decline modifications to subject Sign Code provisions. Mr. Bird stated that although this item was removed from the agenda he would like to suggest that they indicate their willingness to support the Code Enforcement Board and give Tamiami Tile a reasonable time to respond. He feels that Council ought to make their decision and relay it to them, giving them enough time to take action if it happens to be detrimental. Mr. Jackel suggested that they defer this item until the next regular meeting, take action and Tamiami Tile must abide with whatever action is taken. It was the consensus of Council to defer this item until the next regular meeting. 33. Final Payment on %~lls 5W and 6W and ~ater Main. Council is to consider authorizing final payment to Meredith Corporation for completed work on Wells 5~ and 6W and Water Mains in the amount of $25,550.15, with funds to come from water and sewer construction. Approval is recommended. Mr. Bird moved to authorize final payment, seconded by Mr. Perry. Said motion passed unanimously. 34. Further Proceedings relative to Highland Beach Sewer Rate Matter. Council is to consider authorizing further proceedings. Mr. Bird stated that they have been collecting from the City of Highland Beach whatever they deemed their past rate would have been; they are collecting the increased rate from the citizens and users of Delray Beach. They instituted the new rates for the month which ended in May and he feels that the amount of time passed has been not only inordinant but unnecessary. Mr. Bird moved that the City assist Highland Beach to the point requested in their letter, if reasonably feasible, and that they communicate to the City any position they would like to have considered by Council no later than March 1st, seconded by Mr. Perry. Said motion passed unanimously. 35, 36, 37 & 38. Mayor Young requested that Items 35, 36, 37 and 38, regarding appointments to City Boards, be deferred until the next regu- lar meeting. 39. Easement - Lift Station at the Atrium at Centre Delray. Council is to consider accepting a 12-foot long easement from OTR, an Ohio General Partnership, located at the northeast corner of Germantown Road and Congress Avenue, for a right-of-way for sewer lift station operation. Approval is recommended. Mr. Bird moved to accept the easement, seconded by Mr. Perry. Said mo~ion passed unanimously. - 12 - 2/8/83 40. Ordinance No. 13-83 - Zoning Ordinance Amendment - Gasoline Stations. Ordinance No. 13-83, amending Chapter 30 "Zoning" of the Code of Ordinances to increase the width of curb cuts permitted for gasoline stations from 24 feet to 35 feet, is before Council for con- sideration on First Reading. The City Manager presented Ordinance No. 13-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', ARTICLE X "LANDSCAPING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-374(f), "ACCESSWAYS", TO REQUIRE THAT ACCESSWAYS FOR GASOLINE STATIONS SHALL BE GOVERNED BY SEC. 30-17(O)(13) OF THE ZONING CODE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 13-83 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Bird, Mr. Church, City Engineer, stated that 24 feet only allows two cars; one in and one out. Good practice in terms of driveways should allow 30 feet. If you go unrestricted then you have no control in terms of traffic flow. Mr. Bird stated that the ordinance says permitted, but it does not mandate it. He questioned whether it should be rewritten to say that it shall be at the determination of the City Engineer. If someone is constructing a station and he only wants to have the driveway 24 feet and the City feels it should be 35 feet, there is nothing in this ordinance to prevent him from making it 24 feet. The City Attorney stated that site approval would be subject to the City Engineer's approval before they could start constructing any stations. At this point the roll was called to the motion. 41. Ordinance No. 15-83 - High Point Water Tower Annexation. Ordinance No. 15-83, relative to annexing an unimproved 0.5-acre parcel of land to be used for the location of a future storage tank, located south of the L-32 Canal, between High Point Boulevard North and Davis Road, subject to R-1AA (Single Family Dwelling) District, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 15-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, $;HICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 15-83 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 13 - 2/8/83 42. Trash Truck #33. Council is to consider authorizing the City Manager to sell trash truck 933 to Certified Welding Engineers, Inc., for $1,000. This is the value of the truck prior to repairs made by Certified Welding. Approval is recommended. The City Manager stated that Council has been furnished a new memorandum, distributed tonight, based on some information he re- ceived today. He explained that trash truck #33 was burned in a fire more than a year ago and the City collected between $2,500 and $3,000 in insurance. The repairs would have exceeded that. The problem is that the City never authorized the repair of the truck as there was discus- sion at the time with regard to getting rid of the trucks and going to private contract. The City received a letter, dated January 24, 1983, which gave the appraised value of the truck as $12,500; relying on that he had originally made the recommendation that the contractor buy the truck for the value of its burned out condition. However, he received a letter today from the same people who said the truck was worth $12,500 and they are now saying that the same make and year of truck is worth $14,000. Given that information he would now have to recommend that although the repairs were not authorized, if the City took the truck back they would be the beneficiary of $12,500 in parts and labor. Mr. Bird stated he feels that as there seems to be some dif- ference of opinion as to whether the repair of the truck was ever au- thorized; once again the method of control of issuance of contract is somewhat suspect. If the City of Delray Beach received the insurance money, then the contractor must have bid to the City, not the insurance company. Mr. Church stated that the vehicle was damaged and before it was repaired the City solicited bids for as much as it would have cost to repair. There were three bids obtained and Certified Welding was the low bidder at $12,000. No money was available at the time to go ahead and repair it; it was then decided to put this item in the 1982-83 budget. After the budget was approved the contractor assumed that the City would go forward with the repairs although he was not authorized to do so. As they were preparing the necessary papers to proceed with the repairs, the Public Works Deparment was told by the City Manager to hold up on them as it was under consideration to contract out the refuse. However, the contractor had already repaired the truck. Mr. Bird s~ated that the City Administration knew that the truck was repaired in December; if this is only being brought before Council today it seems like an inordinate amount of time for them to get around to make a policy decision about what they are going to do with the truck. If the City knew in December that the truck was ready and the contractor has money tied up in the repair, which he is paying interest on, and they have taken no action to abate his loss, where does that leave them. The City Attorney stated that it would be a legitimate claim if the contractor raised it, although apparently he has not. Mr. Bird moved that the City take back the truck, pay the bill and the City do with the truck, either through sale or reinserting it into the fleet, whatever they need, seconded by Mr. Blair. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 10:00 P.M. ATTEST: MAYOR - 14 - 2/8/83 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 Council of February 8, 1983, which minutes were formally approved and adopted by the City Council on ~. ,T~./~ "~~- City 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. - 15 - 2/8/83