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06-14-83 JUNE 14, 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 7:20 P.M., Tuesday, June 14, 1983. 1. 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 Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Mayor Young read a proclamation proclaiming the 21 days, June 14 - July 4, 1983, as "A Period to Honor America". 4. Mr. Jackel moved for approval of the minutes of the regular meeting of May 24, 1983 and the special meetings of May 16, 1983, May 17, 1983 and May 20, 1983, seconded by Mr. Bird. Said motion passed unanimously. 5.aol. Ed Vanis, 1412-A High Point Way, representing the homeowners of High Point Section 6, stated that about a month ago he requested that Council look into the situation relative to a collapsed 54" drainage pipe; he would like to know the present status. The City Attorney stated that at the request of Council they began investigating to see if there may have been some affirmative statement made during the course of a public meeting, either pro or con, to the position of whether the City undertook to agree to maintain and/or repair the drainage pipes. As a result of that request the City Attorney's Office and the City Clerk's Office have searched through the minutes and tapes of all the meetings in the past three years which gave any indication whatsoever that they might be related to that subject; however, they have found no mention of the subject. The subject matter will be back on the agenda either for next week's workshop meeting or the following regular meeting with that report, unless they find some- thing further. In addition, the Engineering Department has continued to formulate definitive ideas from the other principles and parties in- volved about what their participation may be in a group effort. As yet, he has not had any report on this. 5.a.2. James Bowen, 116 Marine Way, stated that for many years the City has Maintained three shelters along the sidewalk of A1A. Presently there is only one standing and he would like to know if the other two will be going back up and if so, when. The City Manager stated that there were some monies budgeted for placement of one or two shelters. They are hoping to have more of a coordinated appearance plan for the beach and this would be prepared in conjunction with the beach restoration project. 5.a. 3. Kathi Sumrall, Clean Community System, stated that today she attended a hearing of the Code Enforcement Board and for the second time in three meetings the meeting was delayed for 30 minutes waiting a quorum. As she understands it two members of the CEB are non-summer residents and with two alternate members it is difficult to make a quorum. She would like Council to take into consideration, %;hen they are appointing members, whether or not they are summer residents and if they meet residency requirements. 5.b.1. Mr. Jackel read a letter from Rainberry Bay Developers to Russell & Axon relative to the restoration on Lake Ida Road. He sug- gested that a motion be passed that no further payment be made to the contractor for any work done until he finishes the job. Mr. Jackel moved that no further monies be paid to Mr. Barille for any work he performs for the City until he finishes the job of restoration along Lake Ida Road to the satisfaction of the citizens, seconded by Mr. Bird. Mr. Bird stated that to the satisfaction of the citizens and to the satisfaction of the contractor may be two different issues. He intends to vote no on the motion unless they amend it to reflect the legal requirement and subject to advice from the City Attorney. The City Attorney stated that if the Engineers' analysis is such that they believe the work is complete, they would be in a dif- ficult situation. He feels that if they agreed the contractor is 85% complete then it begins to look towards a withholding of the 10% retain- age from the contract for completion of work as opposed to failure to complete the work. Upon question by Mr. Bird, the City Attorney stated that he feels, from the standpoint of the physical aspect, it is probably sev- erable. However, it is one contract and there is no severability pro- vision within the contract; therefore, it would be a matter which they would have to negotiate. Mr. Bird stated he feels that they have to make a motion which is consistent (1) with what they are required to do and (2) that those whom they relied upon as experts indeed feel there is some portion of the contract which is left unexecuted. This decision should be made by the City Engineer, City Horticulturist and the Consulting Engineers. Mr. Jackel withdrew his motion and Mr. Bird withdrew his second. Mr. Bird moved that they instruct the Administration to investigate with the Consulting Engineers any percentage of the work left undone and suggest to Council at the next formal meeting an appro- priate remedy, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call Mr. Jackel stated that he feels action should be taken; the City Attorney should work things out and present this to Council at the next regular meeting for action. 5.b.2. Mr. Jackel stated that he has furnished Council and the City Manager a memorandum regarding the next assignment for the Internal Audit Committee. He would like to see them undertake (1) a comparative study of personnel between Delray Beach and neighboring Cities, (2) a determination of which departments or portions of departments would lend themselves to contract operations and (3) to report back to Council as soon as possible. He feels the IAC could accomplish this within the next 30 days and it would be very useful for Council to have this information before budget time. Mr. Jackel moved to instruct the IAC to undertake the items as described in his memorandum, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to I vote. - 2 - 6/14/83 Before roll call the following discussion was had: Mr. Perry stated that he has contacted some of the neigh- boring Cities and found there are vast differences and it is difficult to make comparisons on population alone. He feels that they will be getting into a situation which may be a duplication of efforts to be made by the Personnel Department this summer. Mr. Bird stated that the desirability of comparison is a starting point and the fact they have a group who could assist the City in this would encourage him to ask the IAC to formally undertake this task. At this point the roll was called to the motion. 5.b.3. Mr. Perry stated that there are two separate properties on the corner of Roosevelt and Lake Ida Road which were cited; one has been cleaned up, the other has not. He would like the Administration made aware of this. 5.b.4. Mr. Bird stated that it is very easy to initiate an ordi- nance, however, they never go back and readdress them to find out (1) whether the need for that ordinance is still there or (2) whether it still makes any sense. He would suggest, if Council concurs, that they ask the City Attorney to draw up a list of suspect ordinances and/or boards for their initial review. This could be done in a procedure whereby a list would be provided to Council and the appropriate staff members and then bring it back after budget session. If it involves a board and/or committee they could be brought into the process and be allowed to make input. It was the consensus of Council to follow Mr. Bird's sug- gestion but wait to formulize it until they find out what the work load would be for the Administration. 5.c. The City Attorney advised that when they reach item 38 on the regular agenda he has another item to add within the context of that item. 5.d. The City Manager requested that the addendum which was furnished Council tonight be added as A1 at the conclusion of the agenda, item 21 be deleted and item 22 be removed from the Consent A~enda and placed as first item on the Regular Agenda for clarification. 6. Mr. Bird moved for approval of the agenda with the addition of A1 to be the last item of business, item 22 removed from the Consent Agenda and made first item of business on the Regular Agenda and item 21 to be deleted from the agenda, seconded by Mr. Jackel. Sa id motion passed unanimously. PUBLIC HEARING 7. Lease of Miller Park. Council is to consider approving the proposed lease by which the Baseball School, Inc. will lease the Miller Park Facility. A public hearing has been scheduled to be held at this time. The City Attorney stated that Council has been furnished with a revised lease agreement with a memorandum explaining the changes made. Therefore, pursuant to Chapter 2 they are required to hold a public hearing on such a lease. Sam Portnay., High Point Section 6, questioned the cost to the City by entering into this lease and what money would be made by the City. - 3 - 6/14/83 Mr. Bird stated that paragraph 3.01 of the contract ad- dresses four items which the lessee will perform. This includes the general maintenance of the field, replacement of the sod on the fields, replacement of the batting cage nets and after signing the lease they will construct a major league baseball field and multi-purpose auxiliary field. 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 to approve the lease, seconded by Mr. Perry. Mr. Jackel stated that he is in favor of leasing the field to the Baseball School, Inc., however, he is uncomfortable with the time limit of the contract, which is 30 years. He would prefer to have a 10 year lease. Mr. Perry stated that the Baseball School's part in this lease is extensive and costly and that could be the rational for such an extended period of time. He does not know if they could recover the costs in 10 years. Leo Fox, representing the Baseball School, Inc., stated that initially the negotiations were for a 15 year lease term with three five year options to renew; they cannot enter into a lease for less than 15 years. Mr. Fox explained that they have considerable expenditure; if they cannot look to a long term period of at least 15 years they would find themselves in a position of necessarily looking to a place where they will have more stability. This is not a tremendous cash flow type business and they plan long term to make it work. Upon question by Mr. Campbell, Mr. Fox stated they would be willing to enter into a 15 year lease with three five year renewal clauses. Mr. Bird withdrew his motion and Mr. Perry withdrew his second. Mr. Bird moved to approve the lease subject to a change in the wording limiting the lease to a period of 15 years, seconded by Mr. Jackel. Mr. Fox stated that as to anything in addition to the 15 year lease they would certainly want a provision that they have the first right to continue that lease subject to Council approval at the termination of the 15 years. The City Attorney advised that it could be phrased in terms of "subject to five year renewal periods by the mutual consent of both parties". Mr. Bird amended his motion as advised by the City Attorney, seconded by Mr. Jackel. Said motion passed unanimously. 8. Ordinance No. 29-83 - Dmitrovsk¥ Annexation. Ordinance No. 29-83, relative to annexing a 0.288-acre parcel of land located at the northwest corner of Lake Shore Drive and N.W. 6th Avenue, subject to R-1AA (Single Family Dwelling) District, is before Council for considera- tion on Second and FINAL Reading. 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. 29-83: 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 8, 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. - 4 - 6/14/83 (Copy of Ordinance No. 29-83 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. 29-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Campbell -Yes; Mr. Jackel -Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 30-83 - Kruse Annexation. Ordinance No. 30-83, relative to annexing a 0.13-acre parcel of land located west of Florida Boulevard, between LaMat Avenue and Avenue "J", subject to RM-6 (Multiple Family Dwelling) District, 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. 30-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 58 AND 59, BLOCK 34, DEL-RATON PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH 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. (Copy of Ordinance No. 30-83 is on file in the official Ordinance Book ) The City Attorney read the caption of the ordinance. A puDlic 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. 30-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Campbell -Yes; Mr. Jackel -Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 31-83 - Jenkins Annexation. Ordinance No. 31-'83, relative to annexing a 0.386-acre parcel of land located north of LaKe Shore Drive, between N.W. 8th Avenue and N.W. 6th Avenue, subject to R-1AA (Single Family Dwelling) District, is before Council for con- sideration on Second and FINAL Reading. 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. 31-83: 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH 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. (Copy of Ordinance No. 31-83 is on file in the official Ordinance Book) - 5 - 6/14/83 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. 31-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Campbell -Yes; Mr. Jackel -Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 37-83 - Amending Code - Distribution of Free Pu61ications. Ordinance No. 37-83, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to distribution of free pub- lications throughout the City, 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. 37-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE II, "LITTER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 12-54, "DISTRIBUTION OF FREE PUBLICATIONS", TO PROVIDE FOR THE REGULATION OF DISTRIBUTION OF FREE PUBLICATIONS THROUGHOUT THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-83 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. Arthur Rich, Publisher of the Gold Coast group of weekly newspapers, stated that two of his papers are published in Delray Beach. He is against this ordinance, not because of the objectives but because he believes this ordinance will not accomplish those objectives. They always encourage people to notify them if they are going out of town and want delivery stopped; the probl~n is not that they disregard notifica- tion but many people neglect to notify them that they will be away. This afternoon they asked their telephone operators how many phone calls they received within the past few weeks from Delray Beach residents complaining that they had asked for delivery to be stopped and were still receiving papers; they could not remember one call. He feels this ordinance will intimidate many good experienced newspaper distributors as they are afraid of losing two or three weeks income because of an honest error. He questioned how the City will enforce this ordinance; who is to say how a newspaper, which is found on the lawn in the morn- ing, got there in the first place? Bob Johnson, Circulation Manager for the Gold Coast group of weekly newspapers, stated that they are not in the business of trying to go somewhere where they are not wanted. As a result when someone re- quests they do not want the paper they take it very seriously. He outlined their system used to prevent the newspaper from being un- wantedly distributed. Mayor Young stated that when Mr. Rich said they received not one phone call complaining about receiving a paper they did not want, it is probably due to the fact that the editor took the unbridled privilege of invasion of privacy by putting Council member's home telephone num- bers in his newspaper article. He personally received at least 30 telephone calls in this regard; however, he made no comment to them as he did not feel it was in his province to do so. Although he did re- ceive, recognize and accept Mr. Rich's apology he nevertheless feels this was an invasion of privacy, a harassment by the editor and one of the reasons they received no calls. - 6 - 6/14/83 Sam Schwimer, Pines of Delray, stated that the Pines re- ceives this paper every week. They have provided a place at each of their clubhouses where the papers could be placed and members of the condominium can pick them up as and when they want them. However, the newspaper does not seem to recognize the fact that during this time of the year there are a lot of people away; they still continue to deliver as many papers. James Bowen, 116 Marine Way, stated that if someone leaves town, has asked the paper to be discontinued and it is not, how can they write to the newspaper and complain when they do not know that it is still being delivered. He added that during the summer there are also several closed stores along Atlantic Avenue. A lot of these problems could be solved if the delivery boy would go around these areas later in the day and see how many papers are still lying in front of the en- trances. Alfreda Forbell, Rainberry Woods, stated that she agrees with Council that these papers are a problem; however, she would hate to see the Monday Paper leave town. The public hearing was closed. Mr. Perry stated he conducted a personal survey and re- quested that a certain paper not be delivered; four weeks later he was still receiving one. Apparently there are some papers that do not have a responsible attitude. His concern is that a distributor would be as responsible as the publisher should there be a mistake. Mr. Bird stated that if a newspaper is being responsive to the citizens, in a reasonable nature, they will have to rely upon Coun- cil to also be reasonable. However, there are some newspapers which he would like stopped and would like some method by which he can insist upon his rights not to have his yard littered. He feels that any res- ponsible distributor would not be affected by this ordinance. Mr. Rich suggested that the word "flagrant" inserted in the ordinance would solve any problems. The ordinance, in its present form, does not define what would constitute a violation. Upon question by Mr. Jackel, the City Attorney stated that the use of the term flagrant in the ordinance would be too subjective and unwieldly to prosecute. Mr. Bird stated that he is sympathetic to the concern, however, the publishers will have to rely upon Council to be reasonable in the exercise of the authority which will be granted by this ordi- nance. Mr. Bird moved for adoption of Ordinance No. 37-83 on Second and FINAL Reading, seconded by Mr. Jackel. Upon question by Mr. Perry, the City Attorney stated that if you showed a court the fact that the newspaper was in a bag you would have rebutted the presumption that you did not deliver it to yourself and it did come from the distributor. It is a problem of proof and the City would certainly have to have some other testimony. Mr. Campbell stated that under sections (a) and (b) of the ordinance it seems that they are penalizing an employee for the wrongful actions of the employer. He would rather see action taken against the publisher and delete the section relative to the distributor. The City Attorney stated that the distributor has the de- fense that, to a limited degree, they have not received notification from their publisher. However, thereafter they would have actual notice that that person does not want the newspaper; if they throw it the next time it would not make any difference if they were notified by the publisher or the citizen. - 7 - 6/14/83 Upon question by Mr. Campbell, the City Attorney stated that the terms of the ordinance require that anybody who wishes the non- distribution of that publication must do so with a written request, a copy of which has to come to the City so that the City also has some- thing to rely upon. Thereafter, it requires that the publisher send that notice to their distributor. Mr. Campbell stated that he is having difficulty with the term "actual notice"; this term could involve notice in writing, by phone or letter. He would like to see this tightened up a little. The City Attorney suggested that they could amend the ordi- nance and have section 12-54 (2)(c) of the ordinance read "actual notice of such nondistribution request from the City" and delete "owner/ tenant or the". Mr. Bird amended his motion as suggested by the City Attor- ney, Mr. Jackel amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 38-83 - Amending Code - Pensions for Police and Firemen. Ordinance No. 38-83, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to buy back of time, 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 scheduled to be held at this time. The City Manager presented Ordinance No. 38-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIRE- MENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18 -46, "DEFINITIONS ", BY REPEALING SUBSECTION ( 8 ) , "CONTINUOUS SERVICE" , AND ENACTING A NEW SUBSECTION (8), "CONTINUOUS SERVICE", CONTAINING PROVISIONS PERMITTING REEMPLOYED MEMBERS TO BUY BACK PREVIOUS TIME AND SERVICE; PROVIDING FOR CERTAIN RETROACTIVE APPLICATION OF SUCH AMENDMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-83 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. Perry moved for the adoption of Ordinance No. 38-83 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird -Yes; Mr. Campbell -Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: * (Please note the City Attorney's comments relative to item 16). 13. Request for Solicitiation of Funds - Delra¥ Beach American Little League. Council is to consider approving solicitation of funds on June 18, 1983. Approval is recommended. - 8 - 6/14/83 14. Request for Solicitation of Funds - Delray Beach Fire Fighters Benevolent Association and Professional Fire Fighters of Delray Beach. Council is to consider approving solicitation of funds on July 30, 1983. Approval is recommended. 15. Waiver of Performance Bond Requirements - Plumosa Park Rest- Room Contract. Council is to consider granting formal waiver of per- formance bond requirements relative to Plumosa Park Restroom contract (Del Swilley, Contractor). 16. Brotherhood Parade and Festival at Pompey Park. Council is to consider approving Neighborhood Strategy Area Review Committee spon- sorship of a Brotherhood Parade and Grand Festival at Pompey Park on July 9th. * The City Attorney stated that, at the request of Council relative to insurance, the response from their insurance agent was that under the circumstances of the City endorsing such a parade and festival should an injury occur to a participant or property damage occur they would be held liable. That being so the City would also have insurance coverage in excess of their deductible. 17. Beach Renourishment. Council is to consider a motion for Arthur V. Strock & Associates, Inc., to proceed with the preliminary design phase engineering for the 1984 maintenance nourishment project, at a cost of $79,461.55, with funds to come from erosion control. 18. Easement Deed - Enfield Road. Council is to consider accepting a 6-foot easement deed from Soin, N.V., a Netherlands Antilles Corporation, for a storm sewer over Lot 4, 420 Enfield Terrace and Lot 5, 502 Enfield Road. Approval is recommended. 19. E-911 Mutual Aid Agreement. Council is to consider ap- proval and authorization to execute Mutual Aid Agreement between the City and Palm Beach County Board of Commissioners in the Expanded 911 System. 20. Fourth Advanced Life Support Unit. Council is to consider directing the City Staff to include funds in the 1982-83 budget amend- ment and to prepare the 1983-84 budget to implement the First Alter- native outlined in the Fire Chief's memorandum dated June 2, 1983, to provide a fourth Advanced Life Support Unit. 23. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of June 8~ 1983. Council is to consider ratification of SCRWTD Board action relative to Change Order No. 3, increasing the contract price by Lanzo Construction Company in the amount of $8,622.61 for a total net price of $850,641.44 for lime sta- bilization system. This was approved unanimously by the SCRWTD Board. 24. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of June 8, 1983. Council is to consider ratification of SCR~TD Board action relative to retaining Wyatt Corpora- tion to advise the Board on pensions for employees at a fee not to exceed $2,000. This was approved unanimously by the SCRWTD Board. 25. Rezonin~ Request - Northeast corner of Barwick Road and Brandon Drive (John Michael La,o, applicant). Resolution No. 52-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from RS (Single Family Residential) (County) to R-IA (Single Family Dwelling) (City), is before Council for considera- tion. The caption of Resolution No. 52-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO RE ZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (SINGLE FAMILY RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION R-la (SINGLE FAMILY DWELLING) DISTRICT. - 9- 6/14/83 (Copy of Resolution No. 52-83 is on file in the official Resolution Book) 26. Rezonin~ Request - South of the E-4 Canal, between Congress Avenue and the Seaboard Airline Railroad (Michael J. Lembo and Vito J. Lupo, applicants). Resolution No. 53-83, requesting permission fr~ the Palm Beach County Board of Commissioners to rezone land annexed from IL (Light Industrial) (County) to MI (Medium Industrial) (City), is before Council for consideration. The caption of Resolution No. 53-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION IL (LIGHT INDUSTRIAL) TO THE CITY'S ZONING CLASSIFICATION MI (ME- DIUM INDUSTRIAL) DISTRICT. (Copy of Resolution No. 53-83 is on file in the official Resolution Book) 27. Rezonin~ Request - Northwest Corner of Lake Shore Drive and N.W. 6th Avenue (Seth and Susan Dmitrovsky, applicants). Resolution No. 54-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from RS (Single Family Residential) (County) to R-1AA (Single Family Dwelling) (City), is before Council for consideration. The caption of Resolution No. 54-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (SINGLE FAMILY RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 54-83 is on file in the official Resolution Book) 28. Rezonin~ Request - West of Florida Boulevard, between LaMat Avenue and Avenue "J" (Maureen Kruse, applicant). Resolution No. 55-83, requesting permission from the Palm Beach County Board of Commis- sioners to rezone land annexed from RS (Single Family Residential) (County) to ~-6 (Multiple Family Dwelling) (City), is before Council for consideration. The caption of Resolution No. 55-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (SINGLE FAMILY RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 55-83 is on file in the official Resolution Book) 29. Rezoning Request - North of Lake Shore Drive, between N.W. 8th Avenue and N.W. 6th Avenue (Gary V. and Judy Jenkins, applicants). Resolution No. 56-83, requesting permission from Palm Beach County Board of Commissioners to rezone land annexed from RS (Single Family Residen- tial) (County) to R-1AA (Single Family Dwelling) (City), is before Council for consideration. - 10 - 6/14/83 The caption of Resolution No. 56-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (SINGLE FAMILY RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 56-83 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda with the exception of Items 21 and 22, seconded by Mr. Bird. Said motion passed unanimously. REGULAR AGENDA 22. Ratification of South Central Regional %~astewater Treatment and Disposal Board action of June 8, 1983. Consider ratification of SC~WTD Board action to extend the City's operation of the Sewage Treat- ment Plant until August 18, 1983. Council is to consider ratifying the action of the SCRWTD Board. This was approved 7-0 by the SCRWTD Board. Mayor Young advised that this item should be approved by motion rather than ratifying the action of the SCRWTD Board. Mr. Bird moved to extend the City's operation of the Sewage Treatment Plant until a date not later than August 18, 1983, seconded by Mr. Perry. Said motion passed unanimously. 30. Housekeeping Funds for the Neighborhood Strategy Area Com- mittee. Council is to discuss appropriate housekeeping funds for the NSA Committee. Mr. Bird stated that he asked for this item to be placed on the agenda to satisfy himself that housekeeping funds for paper, postage and other necessary administrative supplies were available. He would suggest that board secretarial service similar to that provided to other City boards be made available and such housekeeping supplies as are required to service the NSA be made available through the City Clerk's budget. He feels they should be entitled to secretarial support; wheth- er they bring their minutes, ask someone to type them up and prepare them for distribution or have their meetings at City Hall and have a secretary there, is their option. Fred McCoy, NSA Committee, stated that they have a volunteer secretary within their group; all they need is someone to type, print and distribute their minutes. 31. Selection of Architect for Maintenance Building and Golf Cart Storage Building at Delra¥ Beach Country Club. Council is to select and rank top three architects under Section 2-54 of the Code of Ordinances for design and construction supervision of the maintenance building and golf cart storage building. Mr. Bird stated that during a workshop meeting he made a suggestion that they should let this contract directly with someone who makes prefabricated steel buildings. He took the time to find out whether or not those buildings come complete with appropriate stamps, seals and ribbons so that that can go ahead and erect one without having any additional approval. He was assured that each building sold by Butler and other prefab building manufacturers do indeed come stamped by an approved Florida engineer. Mr. Bird moved that that they go to Boynton Beach, where they have a similar building, and have the City Attorney review their specifications to see if they satisfy them; if so, they could do the bidding for the building, footers and slab and then subcontract sep- arately electrical and plumbing, seconded by Mr. Jackel. Said motion passed unanimously. - 11 - 6/14/83 Before roll call, the City Manager stated that his reading of the State law was such that they had to have an architect's seal on the plans; in rereading them he feels there is a lot of ambiguity. These prefab buildings in a package are available; however, he would like Council to be aware that they will have to supervise construction. He would expect that the City Engineer will volunteer to oversee the construction to make sure the technical specifications were adequate. At this point the roll was called to the motion. 32. Appointment Beautification Committee. Council is to con- sider appointing Don Dilley to the Beautification Committee. The City Manager advised that at Council' s organizational meeting there was a reappointment of the Beautification Committee. Mr. Dilley's name was inadvertently not brought before them when the Com- mittee submitted the list for appointment. Mr. Jackel moved to appoint Don Dilley to the Beautification Committee, seconded by Mr. Bird. Said motion passed unanimously. 33. Contract for Telephone System at City Hall. Council is to consider purchasing the Executone of Central Florida's Harris D1000 in the amount of $104,344, with funds received for sanitation equipment and transferred to the General Fund. Approval is recommended. Mr. Bird thanked Gerry Church and Chip Carlson for going over the specifications of the contract and discussing some of the ramifications of some of the changes. Mr. Bird moved to purchase the Executone of Central Flor- ida's Harris D1000 in the amount of $104,344, with funds to be received for sanitation equipment and transferred to the General Fund, seconded by Mr. Jackel. The Assistant City Attorney advised that this would be subject to the City Attorney's review of the documents and approval of the terms of same. They would also be waiving the technical noncompli- ance with the bid specifications. Mr. Bird amended his motion as advised by the Assistant City Attorney, Mr. Jackel amended his second. Said motion passed unan- imously. 34. City of Delray Beach vs Beqley. Council is to consider ratifying settlement stipulation entered into for the settlement of a claim by the City for boat dockage fees. Approval is recommended. Mr. Bird moved to ratify settlement stipulation, seconded by Mr. Perry. Said motion passed unanimously. 35. EMS Service to Gulfstream. Council is to consider a motion to extend EMS service to the Town of Gulfstream through July 13, 1983. Mr. Bird moved to extend EMS service to the Town of Gulf- stream through July 13, 1983, seconded by Mr. Perry. Said motion passed unanimously. Before roll call the following discussion was had: The City Attorney stated that this afternoon they received a telex from Lloyd's of London which said indeed that based on the fact that the City is in the position of entering into an agreement whereby they would provide the service for compensation, Lloyds would assure us that we had coverage. In addition to that he received a letter this afternoon and had conversation with Barbara Gwynn, Deputy Town Clerk from Gulfstream, and she informed him that they are also going to; he told them that even though they were insured they still had $100,000 retainage. Gulfstream is al so going to take out insurance to insure their interest and our interest because the City could not get that indemnification to include comprehensive for personal injury, medical malpractice and property damage. He feels these are the assurances which make him feel better. - 12 - 6/14/83 Mayor Young stated that he spoke with Mayor Koch who assured him that what the City Attorney just said was correct. At this point the roll was called to the motion. 36. Supplemental Intergovernmental A~reement - Beach Erosion Control. Council is to consider approving and authorizing execution of a new Supplemental Intergovernmental Agreement between the City and Palm Beach County relative to additional beach erosion control project fund- ing. The City Attorney stat~ that last week Council was fur- nished a new Supplemental Agreement. It is almost exactly the same as the one they had before; there were three or four technical modifica- tions. At this point it has still not been approved by the Board of County Commissioners and due to the fact that it has taken so long all the dates in the proposed agreement had to be changed from 1983 to 1984. The agreement is in the same format as far as the merits are concerned and he is recommending they approve the modified version. Mr. Bird moved to approve and authorize execution of the new Supplemental Intergovernmental Agreement between the City and Palm Beach County relative to additional beach erosion control project funding, seconded by Mr. Perry. Said motion passed unanimously. 37. Summer Youth Employment Program Contract. Council is to consider approval and authorization to execute the Summer Youth Employ- ment Program contract between the City and the Urban League of Palm Beach County. This program will begin on or about June 14, 1983 and terminate on September 30, 1983. There will be no cost to the City. Approval is recommended. Mr. Bird moved to authorize execution of the contract, seconded by Mr. Jackel. Said motion passed unanimously. 38. Notice of Intent to Sell City Property - Parcel 58. Coun- cil is to consider a motion of intent to sell City property to Durante- Strock, Inc., for $17,400.00. Mr. Bird moved they have a motion of intent to sell City property to Durante-Strock, Inc., for $17,400.00, seconded by Mr. Jackel. Said motion passed unanimously. The City Attorney advised that this item will be on the agenda for June 28th for final ratification. It will be advertised this Thursday and the following Thursday in the paper. 38.a. The City Attorney stated they have received another offer, which he was requested to bring up at this time, for the purchase of Lots 20, 21, 22, 23 and 24 of Block 47, Town of Delray Plat. The offer to the City is substantially the same as the one they closed today where they netted $64,500; the offer to purchase will be at $17,100 and the brokerage fee will be paid by the buyer. Mr. Bird moved they have a motion of intent to sell City property to Francis McAlornan for the amount of $17,100, seconded by Mr. Perry. Said motion passed unanimously. Upon question by Mrs. Finst, Mr. Bird stated that the money from land sales goes into a Land Sale Trust which is used for improve- ment to and/or acquisition of City property. 39. Proposed Boat Davits - James E. Chapman. Council is to consider authorizing modification in Section 9-532 (b) (2) of the Code of Ordinances to allow construction of boat davits at 954 Eve Street. Approval is recommended. The City Manager suggested that a more clear motion than that suggested in the agenda would be a motion to authorize modification of the standards of approval found at Section 9-532 (b) (2) of the City Ordinances to allow boat davits. - 13 - 6/14/83 Mr. Perry moved to authorize modification of the standards of approval found at Section 9-532 (b) (2) of the City Ordinances to allow boat davits, seconded by Mr. Jackel. Said motion passed unani- mously. 40. Landscape Materials - Public Works Complex. Resolution No. 57-83, awarding contracts for landscape materials to be installed at the Public Works Complex to the following low bidders, with funds to come from the Utility Tax Bond Issue Series 1978, is before Council for cons id erat ion. Sinclair Landscape Nursery, Inc. $7,944.00 Sunny State Nursery & Landscape, Inc. 6,024.50 John's Garden Center 4,800.00 Total $18,768.50 The City Manager presented Resolution No. 57-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF CONTRACTS FOR LANDSCAPE MATERIALS TO BE INSTALLED AT THE PUBLIC WORKS COMPLEX LOCATED AT 434 SOUTH SWINTON AVENUE, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 57-83 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution. No. 57-83, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Campbell- Yes; Mr. Jackel -Yes; Mr. Perry- Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 41. Amendment No. 1 to the Metropolitan Planning Organization of Palm Beach County Interlocal Agreement. Resolution No. 58-83, accepting and approving Amendment No. 1 to the MPO of Palm Beach County Interlocal Agreement, is before Council for consideration. The City Manager presented Resolution No. 58-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DIRECTED TO THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY AND TO ALL PARTICIPA- TING MEMBERS THEREOF ACCEPTING AND APPROVING AMENDMENT NO. 1 TO THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY INTERLOCAL AGREEMENT; PROVIDING FOR AU- THORIZATION TO EXECUTE SAID AMENDMENT NO. 1; PROVIDING FOR AUTHORIZATION TO DISTRIBUTE CERTIFIED COPIES OF THIS RE S OLUT ION. (Copy of Resolution No. 58-83 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 58-83, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird- Yes; Mr. Campbell -Yes; Mr. Jackel -Yes; Mr. Perry- Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 42. City Hall Alterations. Council is to consider a change order increasing the contract price by $5,534.37 for fire rated doors and partitions to be installed in corridor areas in City Hall. Approval is recommended. The City Manager stated that this increase is necessary to meet the fire code of the City of Delray Beach. Mr. Perry moved to authorize the change order, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: - 14 - 6/14/83 Mr. Bird stated they are approving a change order which requires that they now meet a code which existed at the time they drew the plans. He does not understand how the City keeps getting into this position; it is incomprehensible that the City, of all people, be guilty of these kinds of shortcomings. The City Manager stated that when the plans were reviewed the architect interpreted one section of the Code and the Building Department interpreted it in a different way. The work has been done and this is a matter of processing the change order to date. Upon question by Mr. Campbell, the City Manager stated that the architect certifies the plans as to compliance; his judgement is subject to review by the City's building inspectors. When you apply the codes to particular cases you will undoubtedly have ambiguities and areas to be interpreted. He believes they now have a consistent inter- pretation which will not result in this type of problem again. Mr. Bird stated that if they have identified a problem, which is something that lends itself to ambiguous reading, they have an obligation to change it within the code so it becomes unambiguous. Mr. Campbell stated he is concerned that if they have some- thing which is ambiguous in the Code and the architect had a legitimate interpretation, obviously he did nothing wrong; the wrong element there is the Code and it should not be ambiguous. They can not have a Code existing which is going to change on the whim of every architect or building inspector. The City Manager stated that perhaps they could ask the Chief Building Official to identify sections of the Code, including the standard codes, which he finds need clarification and bring suggested amendments before Council. At this point the roll was called to the motion. 43. Reimbursement for Relocation of City Personnel. Council is to consider a change order reducing the contract amount by $10,000 from Cox & Palmer as a credit to the City for expenses incurred in relocating personnel during construction. Approval is recommended. The City Attorney stated that this is on the agenda, as discussed last week, about how to rectify the disagreement relative to the relocation of City personnel. He did notify Cox & Palmer, by let- ter, of Council's intent to take this action. Upon question by Mayor Young, the City Attorney stated that he would rescind his letter to the bonding company only upon their acceptance and signature on the change order. Mr. Bird moved to authorize the change order, seconded by Mr. Jackel. Said motion passed unanimously. 44. Ordinance No. 39-83 - Homewood and Atlantic Rezoning. Ordinance No. 39-83, repealing Ordinance No. 24-83 (which was inadvert- ently placed on the May 10th agenda) relative to rezoning to .RM-6 (Mul- tiple Family Dwelling) District approval, is before Council for con- sideration on First Reading. The property is located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard. If passed, Public Hearing will be held on July 12th. The City Manager presented Ordinance No. 39-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 24-83 AND ENACT- ING A NEW ORDINANCE REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY D$~ELLING) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND LOCATED IN THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTH- EAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED HOME~;OOD BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". - 15 - 6/14/83 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 39-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 45. Ordinance No. 40-83. - Chan~in~ the City's Land Use Plan Designation. Ordinance No. 40-83, repealing Ordinance No. 25-83 (which was inadvertently placed on the May 10th agenda) relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a pracel of land located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard from SF (Single Family) to MF (Multiple Family), is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 12th. The City Manager presented Ordinance No. 40-83: AN ORDINANCE OF THE CIr~Y COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 25-83 AND ENACT- ING A NEW ORDINANCE CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN THE WEST ½ OF THE SOUThS~EST ¼ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTHEAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED HOMEWOOD BOULEVARD FROM SF (SINGLE FAMILY) TO MF-6 (MULTIPLE FAMILY); AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 40-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 46. Ordinance No. 41-83 - James L. Duncan Center for Continuin~ Education - Rez. o. nin~, Conditional Use, Site and Development Plan. Ordinance No. 41-83, relative to rezoning to SAD (Special Activities District), and the further conditional use and site and development plan to allow a church conference center, is before Council for consideration on First Reading. The property is locate~ east of Military Trail be- tween Linton Boulevard and Sherwood Boulevard. If passed, Public Hear- ing will be held June 28th. The City Manager presented Ordinance No. 41-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED R-1AAA-B (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 4.965 ACRE PARCEL OF LAND, LOCATED EAST OF MILITARY TRAIL, BETWEEN LINTON BOULEVARD AND SHERWOOD BOULEVARD, SAID LAND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, 1983" . The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 41-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 47. Ordinance No. 42-83 - Hamilton Annexation. Ordinance No. 42-83, relative to annexing a 0. 326-acre parcel of land, subject to R-1AA (Single Family Dwelling) District, located west of N.W. 4th Avenue between N.W. llth Street and N.W. 9th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 12th. - 16 - 6/14/83 The City Manager presented Ordinance No. 42-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, BLOCK 4, OF AMENDED PLAT OF LAKE IDA GARDENS, ACCORD- ING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 192, WHICH LAND IS CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING 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. Perry moved for the adoption of Ordinance No. 42-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 48. Ordinance No. 43-83 - Castilyn Annexation. Ordinance No. 43-83, relative to annexing a 0.25-acre parcel of land, subject to R-IA (Single Family Dwelling) District, located west of Germantown Road, between Royal Palm Drive and S.W. 10th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 12th. The City Manager presented Ordinance No. 43-83: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH 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. Bird moved for the adoption of Ordinance No. 43-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. A.1. Coarse Paper Products. Council is to consider awarding contracts to the following low bidders for coarse paper products with funds to come from the 1982-83 budget. Approval is recommended. Bidder Product Quote State Contract C Fold Towels $11.40/cs Palm Beach Paper Single Fold Towels 14.12/cs " Roll Towels 18.99/cs " Toilet Paper 22.00/cs Picard Chemical Facial Tissue 14.35/cs Graham Jones Shop Towel 28.44/cs " Tee Towel 43.14/cs Mr. Bird moved to award contracts to the low bidders and authorize negotiation to purchase cups and plastic can liners with the overall low bidder, seconded by Mr. Jackel. Said motion passed unani- mously. Mayor Young declared the meeting adjourned at 10:00 P.M. - 17 - 6/14/83 MAYOR 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 June 14, 1983, which minutes were for- mally approved and adopted by the City Council on/~_~ 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. - 18 - 6/14/83