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08-23-83 AUGUST 23, 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 7:00 P.M., Tuesday, August 23, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - Council Member Doak Campbell Also present were - City Manager William H. Law, Jr., and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Rabbi Samuel Silver, Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the regular meeting of August 9, 1983, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Mr. Morris Post, representing Paralyzed Veterans of America, stated that City Council has granted all but one of their nine requests, the request for the automatic door. He explained that it is very dif- ficult for an elderly or handicapped person to push open these doors and stay level. They would be opposed to a system in which they use a buzzer to summon someone to open the door for them. He requested that Council reconsider the automatic door for $5,100 and try to find a way to fit it into the budget. Mayor Young clarified that the button system, which was considered, was not a buzzer to summon someone to open the door, but a means of opening the door. Mr. Perry stated that he noticed a lady in a wheelchair having an extremely difficult time getting in through the door tonight. Mr. Jackel pointed out that they rejected the buzzer system; they felt the $5100 automatic door would do the most good at the most reasonable price. 5.a.2. Mr. William Hines, 321 N.W. 1st Avenue, discussed the issue of the sale of City land with a water well on it and quoted several newspaper articles. He noted that, at last month's meeting, he re- quested a special workshop meeting be held on this item; but the City Attorney was involved in delicate negotiations and recommended putting it off. Mr. Hines pointed out that the City sold this property without notifying the church which had some inclination to use this property for expansion. Further, the former City Council promised this land to the black people for use as a park. He came here tonight to once again re- quest that Council follow up on its promise and schedule a special workshop meeting for discussion to find out how this situation occurred. 5.a.1. Mr. Saul Gilbert, American Legion Service Officer, discussed the need for an automatic door for City Hall and asked City Council to make a motion to reconsider putting in this door. Mr. Perry moved that Council set aside the rules (as he was not on the prevailing side on the last vote on this issue) and recon- sider this, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - No. Said motion was lost by a tie vote of 2 to 2. Mr. Earl Owens, Commander of Veterans of Foreign Wars Post 4141, spoke in support of the automatic door. Mr. Fabian Hannan, President of Palm Beach County Veterans Council, added that the glass is also a problem. The person with a wheelchair approaching from the outside may not be seen by someone leaving in a hurry. He urged Council to consider the human element and to reconsider the automatic door. If necessary, the Palm Beach County Veterans Council will start a fund drive to raise the money for this automatic door. Mr. Perry pointed out that because of the incline coming up to the main door, people have a problem setting their wheelchairs in such a way that they can control that door. Mr. Charles Schwartz noted that there is difficulty with the doors that swing in and out and advised that there are doors that slide open and would not injure anyone. Mr. Perry moved to set aside Robert's Rules. The City Attorney advised that the motion to suspend can only be made once. Mr. Jackel stated that according to the rules he cannot make the motion himself and suggested that another member of Council make the following motion: to appropriate $5100 for an automatic door at the front entrance of City Hall with the money to come from the Contingency Fund, to be effective immediately. He checked this morning and there is enough money in that fund. Mr. Bird stated that while Mr. Jackel is correct in that there is enough money in the Contingency Fund, that fund has nothing to do, at the moment, with this building. They are currently $15,000 over- spent and have $100,000 of additional expenditures. He is sympathetic to the needs of the veterans and when the dollars are available he will support the installation of the automatic door. He advised that he supported the other eight requests on the list. Mr. Bird further stated that to the best of his understand- ing, this building meets all of the federal requirements for access to the handicapped and he would be interested to know how many public buildings there are that have automatic doors. Mr. Perry stated that this City, which was in horrible financial shape a couple of years ago, found $25,000 to see an abled City Manager out the door. He cannot see how they cannot have $5000 to see a disabled citizen come into City Hall. Mr. Jackel stated that if they can use $25,000 from that fund for ?lumosa Park, he feels they certainly can use $5000 for this purpose. They keep finding the money for worthy projects and this should be no exception. Upon question by Mr. Jackel, the City Attorney advised that it would be legal to use the current Contingency Fund for this purpose. Mr. Jackel again asked for a motion to appropriate $5100 for an automatic door. Mayor Young stated that as there is no motion, this matter is dead. Mr. Charles Bent, 330 S.E. 1st Avenue, spoke in support of the automatic door. He also spoke in opposition of the City's con- tracting out garbage collection. Mr. Perry stated that there is a question as to how Mr. Campbell would have voted with this issue. Mayor Young advised that he has certain knowledge that Mr. Campbell will not show up tonight. - 2 - 08/23/83 5.b.1. Mr. Perry advised that he has received several commercial user complaints about the garbage billing system. One example is Mr. George who is being sent a bill for approximately 8-12 businesses. In effect, they have made him sub-agent of the contractor. Mayor Young stated he works for a company that is part of a group of offices with nine different entities and they had received a bill for emptying dumpsters for the entire nine entities. He got the matter completely straightened out with one phone call to Waste Manage- ment; the offices are now being billed individually. Further, he ad- vised that any other citizen can do the same thing he did. Mr. Edward George, stated that he was billed for a number of different storefronts, which, in the past, were individually billed. He called Waste Management and they came down and told him that this is the way they do it - they bill him and he collects for them and that they are big enough to make him do it. Mayor Young advised Mr. George that he will personally call Mr. Waters and get this matter straightened out for him. Mr. George stated that he understands he is not the only one with this problem. Mayor Young stated that he will be available to talk to anyone else. 5.b.2. Mr. Perry discussed the problem brought up by Lenore Banman at their last meeting. He stated that somewhere along the line, the City allowed a parking lot to be put over a conduit, while just down the road at Lawrence Road they insisted on an open frame bridge. He has a problem with whether or not this parking area is to be built over a concrete tube as opposed to an open frame bridge. Mr. Bird stated they put in an open bridge on Lawrence and Davis Roads because those are flowing canals and to eliminate the possi- bility of a weir effect. Further Council discussion was had in this regard. Mr. Gerald Church, City Engineer, asked that Council bring this item to its next meeting at which time he will have the information they need. Council concurred. 5.c.1. The City Attorney requested that Item 20 be deleted from the agenda as they have not received the final documents from Mr. Tate. 5.d.1. The City Manager requested that Item 12 be deleted from the agenda and added that it will be brought back to Council at a subsequent meeting. 5.d.2. The City Manager reported that Council should consider designating a Council Member to represent City Council before the Palm Beach County Commissioners regarding the issue of County pockets. Mr. Perry moved that Mr. Bird be assigned as the repre- sentative of City Council before the County Commission to discuss the City's annexation proposals, arguments, etc., seconded by Mr. Jackel. Mr. Bird recommended that Mr. Campbell also be involved in those discussions. Mayor Young advised that he spoke to Mr. Campbell and he will be available. Mr. Perry amended his motion to include Mr. Campbell as a second representative, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.3. The City Manager reported that in the last session of the Legislature an amendment was put forward which requires the City to mandatorily carry a $50,000 death benefit for unlawful and unintentional killing of fire and police officers in the line of duty. Council is to consider authorizing an amendment to their contract with Siver & Associ- ates to prepare the specifications for that kind of coverage and to put it to bid. Siver & Associates has agreed to do this work in an amount not to exceed $1,000. 3 - 08/23/83 Mr. Bird moved that the contract with $iver & Associates be amended to include the mandated $50,000 death payment and that the bidding specs be developed for the entire insurance program, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.4. The City Manager reported that Council is to consider au- thorizing staff to proceed with negotiations with the various firms that they have solicited proposals from to do the auditing for the City. Mr. Jackel stated that he has not had a chance to study the list and he refuses to vote on it at this time. Mr. Perry moved to table this item. Motion died for lack of a second. The City Manager pointed out that Council did direct the staff to solicit proposals from various firms. They have done that and they have ranked them according to the ordinances. What they are now asking is to go to the next administrative step in the process which they must accomplish if they are to take proposals for a firm to do the auditing for the City. Also, there is a short time frame involved. Mr. Bird stated that his understanding of their instructions to staff was to go out, interview all potential participants, and come back to Council with a short list. Mr. Jackel expressed concern as to whether staff or Council should be the ones to rank the firms. Mr. Jackel moved to postpone this matter until their next regular meeting, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - No. Said motion was lost by a tie vote of 2 to 2. Mr. Bird stated that if it is the decision of Council to put this off for two weeks, he would like to know what they are going to do in those two weeks other than review the list. Mr. Perry stated that he is unwilling to let staff make this decision for him. In the inter- vening two weeks he would hope to get some additional background infor- mation upon which he can make an intelligent decision. Upon question by Council, the City Manager explained that they would ask the top three firms to give them quotations for the work. If those top three are unacceptable to Council, then they should prob- ably rebid the process again. Then Council could set up a different ranking methodology. What they have done is what is required under the ordinances. Mr. Jackel recommended that they get quotations from all 13 firms. Mr. Bird advised that according to law they cannot do that; they must have a short list. After further Council discussion, Mayor Young requested that the City Manager provide Mr. Perry and Mr. Jackel with the same back- ground information upon which staff made its decision. Mr. Bird moved that this item be moved to a workshop next week with sufficient information to be provided to members of Council to satisfy them and that it be prepared for formal action at the next regular meeting of Council, seconded by Mr. Perry. Mayor Young noted that next Tuesday is the fifth Tuesday of the month so there is no regular workshop meeting scheduled. Mr. Bird suggested scheduling a special meeting immediately preceding the work- shop which would be on the first Tuesday in September and having a special workshop next Tuesday with this item as the only item of busi- ness. - 4 - 08/23/83 Mr. Bird amended his motion to reflect a special workshop to be held at 5:00 P.M. on Tuesday, August 30th and that this will be an item at a special Council meeting on September 6th. Mr. Jackel noted that the Mayor would not be present for either of those meetings; therefore, he will not support the motion. Mr. Bird withdrew his motion. Mr. Jackel moved that this item be postponed until the next regular workshop meeting on September 6th and 'they can vote on it at the next regular meeting on September 13th. Upon question by Mr. Perry, the City Manager replied that they have a time frame problem with that. Mr. Perry stated that for that reason he will not second the motion. Motion died for lack of a second. Mr. Bird moved that they have a special workshop meeting on August 30th at 5:00 P.M. and discuss this, with staff being directed to supply them with the necessary background information, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - No; Mr. Perry - No; Mayor Young - Yes. Said motion was lost by a tie vote of 2 to 2. Before roll call, upon question by Mr. Perry, the City Manager advised that the auditors would like to have 3 months previous to the close of the budget year. Mr. Perry stated that before he would make a rash decision, he would opt to re-ratify the May Zima contract. At this point the roll was called to the motion. Mr. Jackel moved to workshop this item at the regular work- shop meeting on September 6th and that they vote on it at their next regular meeting on September 13th. Mr. Jackel withdrew his motion. Mr. Perry moved to re-ratify their contract with May Zima, seconded by Mr. Jackel. Mr. Bird stated that he intends to vote no because he feels that having entered this process, they have an obligation to continue it to give those people who responded a chance. The City Attorney expressed concern over the motion on the floor. Under Chapter 2 of the Competitive Negotiations Act, he feels they could get into some trouble if they do not follow the procedures and reject the other applicants. Also, the May Zima contract was for a three year duration; he does not know if this action is intended to hire them for an additional fiscal year or for three years. Mr. Bird made a substitute motion that Council direct the City Manager to put this item on the workshop agenda for September 6th at which time they can make a decision as to what to do next, seconded by Mr. Jackel. Said motion passed unanimously. 6. Mr. Bird moved for agenda approval with the deletion of Item 12 of the Consent Agenda and Item 20 of the Regular Agenda, seconded by Mr. Jackel. Said motion passed unanimously. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 7. ~urplus Property. Council is to consider authorizing ad- vertising surplus property for sale and retaining Jim Graham to conduct the auction. Approval is recommended. - 5 - 08/23/83 8. Gregory K. Seaver vs. City of Delray Beach. Council is to Consider acceptance of a settlement offer in the case of Gregory K. Seaver in the amount of $2,500, with funds to come from self-insurance retention. Approval is recommended. 9. Special Deputization of Animal Control Officers. Council is to consider approval and authorizing execution of an indemnity agreement between the City and the Palm Beach County Sheriff's Department regard- ing special deputization of Animal Control Officers. Approval is recom- mended. 10. Final Plat Approval - Pelican Harbor North (Phase II). Council is to consider a request for final plat approval for Pelican Harbor North (Phase II), an approved 39 unit multiple family project located west of Frederick Boulevard, when extended south, between Avenue "L" and Tropic Isle Drive. The Planning & Zoning Board recommended approval by a 7-0 vote. 11. Final Plat Approval - Falls of Delray. Council is to con- sider a request for final plat approval for Falls of Delray, an approved 30 unit multiple family project located south of Dotterel Road, if extended east, between Jaeger Drive and the F.E.C. Railroad. The Plan- ning & Zoning Board recommended approval by a 6-0 vote. 13. Appointment - Planning & Zoning Board. Council is to con- sider appointing Digby C. Bridges as a member of the Planning & Zoning Board to the unexpired term of Anthony Newbold ending September 28, 1984. 14. Rezoning Request - North of N.W. 18th Street, if Extended West, Between N.W. 4th Avenue and Lake Ida (Franklyn D. and Janet T. Geores, Applicants). Resolution No. 78-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from RS (Residential Single Family) (County) to R-1AA (Single Family Dwell- ing) (City), is before Council for consideration. The caption of Resolution No. 78-83 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 DELRY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS (RESIDEN- TIAL SINGLE FAMILY) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 78-83 is on file in the official Resolution Book) 15. Rezoning Request - South of N.W. 22nd Street, Between N.W. 4th Avenue and N.W. 3rd Avenue (C.J. and Pamela K. LaScala, Applicants.) Resolution No. 79-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from RS (Residential Single Family) (County) to R-1AA (Single Family Dwelling) (City), is before Council for consideration. The caption of Resolution No. 79-83 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 (RESIDEN- TIAL SINGLE FAMILY) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 79-83 is on file in the official Resolution Book) - 6 - 08/23/83 16. R.ezonin~ Request - North of Avenue "L", between Florida Boulevard and South Federal Highway (South Delray Shopping Plaza). Resolution ~No. 80-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from RS (Residential Single Family) in part and CG (General Commercial) (County) to SAD (Special Activities) (City), is before Council for consideration. The caption of Resolution No. 80-83 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 (RESIDEN- TIAL SINGLE FAMILY), IN PART, AND CG (GENERAL'COMMERCIAL) TO A DEPTH OF 150 FEET ON THE WESTERN BOUNDARY, TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES) DISTRICT. (Copy of Resolution No. 80-83 is on file in the official Resolution Book) 17. Nuisance Abatement. Resolution No. 81-83, assessing costs for abating nuisances on 13 properties in accordance with Section 13-13, is before Council for consideration. These are delinquent accounts and this places a lien on the properties. The caption of Resolution No. 81-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 81-83 is on file in the official Resolution Book) Mr. Perry moved for approval of the Consent Agenda with the omission of Item 12, seconded by Mr. Bird. Said motion passed unani- mously. REGULAR AGENDA 18. Agreement Between the City and Lago Del Re¥ Builders, Inc. Council is to consider authorizing execution of an agreement between the City and Lago Del Rey Builders, Inc., relative to an entrance sign on Homewood Boulevard. Mr. Bird moved for approval of the agreement, seconded by Mr. Jackel. Said motion passed unanimously. 19. Voting Member - Florida League of Cities Convention. Coun- cil is to consider designating the City's Voting Member for the Florida League of Cities Convention, October 13-16, in Kissimmee. Mr. Jackel moved to name Mayor Young to be the Voting Member for the City of Delray Beach, seconded by Mr. Perry. Said motion passed unanimously. Mr. Bird stated that, traditionally, they have also selected the junior member of this body as the responsible agent for securing adequate seats. - 7 - 08/23/83 Mr. Bird moved that Mr. Campbell be selected as their dele- gate for seating for the banquet, seconded by Mr. Perry. Said motion passed unanimously. 21. Appointments - Community Appearance Board. Council is to co~sider the appointment of three regular members to the Community Appearance Board to terms ending August 25, 1985. Mayor Young suggested they postpone this item until their next regular meeting as he has not had an opportunity to look over one of the resumes which he received tonight. Mr. Jackel requested they go ahead with this item. Mr. Bird left the Chambers at this time. Mr. Jackel moved to reappoint Kenneth Rubsamen as a regular member, to appoint Connie Tuttle as a regular member, to move Alice Finst from alternate to regular member and to appoint Suzanne Bird as an alternate member of the Community Appearance Board, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 3 to 0 vote. Mr. Bird returned to his chair at this time. 22. Ordinance No. 65-83 - The Rod and Gun Club Annexation. Ordinance No. 65-83, relative to annexing a 1.51 acre parcel of land, subject to SAD (Special Activities District), located north of West Atlantic Avenue between Barwick Road and Hamlet Drive, if extended north, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 27th. The City Manager presented Ordinance No. 65-83: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 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. Perry moved for the adoption of Ordinance No. 65-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 23. Ordinance No. 66-83 - The Rod and Gun Club Rezonin~ - Conditional Use, Site and Development Plan. Ordinance No. 66-83, rela- tive to rezoning to SAD (Special Activities District) and the further conditional use and site and development plan to allow the conversion of an existing structure to a restaurant and lounge, is before Council for consideration on First Reading. The property is located north of West Atlantic Avenue between Barwick Road and Hamlet Drive, if extended north. If passed, Public Hearing will be held September 27th. The City Manager presented Ordinance No. 66-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING CN-NEIGHBORHOOD COMMERCIAL IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING A 1.54 ACRE PARCEL OF LAND LOCATED NORTH OF WEST ATLANTIC AVENUE, BETWEEN BARWICK ROAD AND HAMLET DRIVE, IF EXTENDED NORTH; SAID LAND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". - 8 - 08/23/83 The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 66-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 24. Ordinance No. 67-83 - Amendin~ Code - Internal Audit Committee. Ordinance No. 67-83, amending Chapter 2 "Administration" of the Code of Ordinances to increase the number of regular and alternate members of the IAC, is before Council for consideration on First Reading. If passed, Public Hearing will be held ~September 27th. The City Manager presented Ordinance No. 67-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE IV, "INTERNAL AUDIT COMMITTEE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-70, "COMPOSITION", TO INCREASE THE NUMBER OF REGULAR MEMBERS OF THE INTERNAL AUDIT COMMITTEE FROM FIVE (5) TO SEVEN (7), AND TO INCREASE THE NUMBER OF ALTERNATE MEMBERS FROM TWO (2) TO THREE (3); BY AMENDING SECTION 2-71, "TERMS OF OFFICE", TO PROVIDE THAT SUCH NEW ADDITIONAL MEMBERS SHALL SERVE TWO (2) YEAR TERMS; AND BY AMENDING SECTION 2-73, "QUORUM", TO INCREASE THE NUMBER OF MEMBERS REQUIRED TO CONSTITUTE A QUORUM FROM FOUR (4) TO FIVE (5) MEMBERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 67-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Jackel - No; Mr. Perry - No; Mayor Young - No. Said motion failed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Jackel requested that this ordinance be corrected so that the quorum remains at 4, not 5. Council concurred. The City Attorney suggested that the motion be defeated; then they can go to First Reading on the amended ordinance. At this point the roll was called to the motion. The City Attorney presented amended Ordinance No. 67-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE IV, "INTERNAL AUDIT COMMITTEE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-70, "COMPOSITION ", TO INCREASE THE NUMBER OF REGULAR MEMBERS OF THE INTERNAL AUDIT COMMITTEE FROM FIVE (5) TO SEVEN (7), AND TO INCREASE THE NUMBER OF ALTERNATE MEMBERS FROM TWO (2) TO THREE (3); BY AMENDING SECTION 2-71, "TERMS OF OFFICE", TO PROVIDE THAT SUCH NEW ADDITIONAL MEMBERS SHALL SERVE TWO (2) YEAR TERMS; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the amended ordinance. Mr. Bird moved for adoption of amended Ordinance No. 67-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 25. Ordinance No.68-83 - Amendin~ Code - Alarm Systems. Ordi- nance No. 68-83, amending Chapter 2.5 "Alarm Systems" of the Code of Ordinances relative to alarm systems, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held September 13th. - 9 - 08/23/83 The City Manager presented Ordinance No. 68-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 5, "ALARM SYSTEMS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMEND- ING ARTICLE I, "IN GENERAL", BY ADDING A NEW SECTION 2.5-1 "SHORT TITLE", BY RENUMBERING CERTAIN SECTIONS ACCORDINGLY; BY AMENDING SECTION 2.5-1 "DEFINITIONS", TO READ TECHNICALLY CORRECT AND TO DELETE THE DEFINITION OF "ALARM AGENT" THERE- FROM, BY ADDING A PROVISION TO THE DEFINITION OF "ALARM BUSINESS" TO PROVIDE THAT THE MONITORING OF ALARMS IS EN- GAGING IN THE ALARM BUSINESS, BY AMENDING "ALARM SYSTEMS" TO PROVIDE THAT A SYSTEM ALERTING PEOPLE FOR EVACUATION IS AN ALARM SYSTEM, BY PROVIDING FOR THE DEFINITION OF A "FIRE ALARM SYSTEM" , BY AMENDING THE DEFINITION OF "REGISTERED ALARM SYSTEM" TECHNICALLY AND FOR CLARIFICATION REGARDING COSTS; BY AMENDING SECTION 2.5-4, "TELEPHONE DEVICES PRO- HIBITED" TO PROHIBIT NON-DEACTIVATING ALARM SYSTEMS EXCEPT FIRE ALARM SYSTEMS; BY AMENDING SECTION 2.5-6, "POSTING OF NOTICE BY USER", TO PROVIDE THAT NOTICE MUST BE CONSPICUOUSLY POSTED; BY AMENDING SECTION 2.5-7, "MAINTENANCE STANDARD" TO DELETE THE DEEMED COMPLIANCE OF A REGISTERED ALARM SYSTEM AND TO ADD A REQUIREMENT THAT MAINTENANCE OF FIRE ALARM SYSTEMS BE BY A PERSON PROPERLY CERTIFIED; BY AMENDING SECTION 2.5-8, "UNLAWFUL ACTIVATION PROHIBITED" TO EXEMPT AUTHORIZED FIRE DRILLS FROM SAID SECTION; BY AMENDING SECTION 2.5-9, "SERVICE CHARGE FOR EXCESSIVE ALARMS" TO PROVIDE FOR NOTICE TO FIRST- TIME VIOLATORS OF THE EXCESSIVE ALARMS PROVISION AND EXCUSING SERVICE CHARGE FOR SAME; BY ADDING A NEW SECTION 2.5-11, "FAILURE TO PAY SERVICE CHARGE", BY ADDING A FEE FOR THE ADDITIONAL COST OF COLLECTING UNPAID SERVICE CHARGES; BY ADDING A NEW SECTION 2.5-12, "FINE FOR NONPAYMENT", TO PRO- VIDE FOR A FINE FOR EACH DAY DURING WHICH A SERVICE AND ADMINISTRATIVE CHARGE REMAINS UNPAID AND THAT A LIEN FOR CHARGES MAY RESULT; BY ADDING A NEW SECTION 2.5-13, "ENFORCE- MENT" , TO PROVIDE FOR COLLECTION PROCEDURES FOR UNPAID AMOUNTS; BY AMENDING ARTICLE II, "SELLING, LEASING, SER- VICING, ETC.", OF CHAPTER 2.5, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMEND- ING SECTION 2.5-21, "PERMITS REQUIRED", BY REPLACING PERMIT REQUIREMENTS WITH AUTHORIZATION REQUIREMENTS, AND BY DELETING THE PERMIT REQUIREMENTS OF ALARM AGENT; BY AMENDING SECTION 2.5-22, "FILING APPLICATION FOR PERMIT, PERMIT FEES" TO REPLACE PERMIT FEES WITH AN INCREASED AUTHORIZATION APPLICA- TION FEE, TO PROVIDE FOR PALM BEACH COUNTY CERTIFICATE OF COMPETENCY REQUIREMENTS, TO PROVIDE FOR PROOF OF INSURANCE REQUIREMENTS, TO PROVIDE FOR FORM OF AUTHORIZATION; BY AMEND- ING SECTION 2.5-23, "INVESTIGATION OF PERMIT APPLICANTS; ISSUANCE, DENIAL OF PERMIT", BY DELETING THE INVESTIGATION PROCESS; BY ADDING A NEW SUBSECTION 2.5-24, "HEARING", TO PROVIDE FOR INFORMAL HEARINGS; BY RENUMBERING AND AMENDING SECTION 2.5-24, "SUSPENSION AND REVOCATION OF PERMIT", BY TECHNICALLY AMENDING LANGUAGE, BY AMENDING SUBSECTION (5) THEREOF TO PROVIDE THAT FOUR EXCESSIVE ALARMS ATTRIBUTABLE TO ONE ALARM SYSTEM MAINTAINED BY AN ALARM BUSINESS SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF AUTHORIZATION TO ENGAGE IN THE ALARM BUSINESS, BY DELETING PROVISION REGARDING REVOCATION OF ALARM AGENT PERMITS; BY DELETING SECTION 2.5-25, "ALARM AGENTS TO HAVE PERMITS IN POSSESSION"; BY AMENDING SECTION 2.5-26, "SERVICE RESPONSE ", BY DELETING THE GRACE FROM SERVICE RESPONSE REQUIREMENTS FOR ALARM BUSINESSES AS TO AUTOMATIC DEACTIVATING ALARM SYSTEMS, BY PROVIDING FOR A MINIMUM FINE FOR NONCOMPLIANCE; BY ADDING A NEW SECTION 2.5-26, "VIOLATIONS", TO PROVIDE FOR VIOLATIONS OF CHAPTER 2.5, "ALARM SYSTEMS"; BY ADDING A NEW SECTION 2.5-27, "DIS- CLAIMER" , TO DISCLAIM ANY POTENTIALLY ALLEGED MUNICIPAL LIABILITY AS A RESULT OF CHAPTER 2.5, "ALARM SYSTEMS"; BY ENACTING A NEW SECTION 2.5-30 "EFFECT ON FIRE CODES ", TO PROVIDE THAT CONFLICTING FIRE CODE (S) SHALL CONTROL; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 10 - 08/23/83 Mr. Jackel moved for the adoption of Ordinance No. 68-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Before roll call, upon question by Mr. Perry, Mr. Bird explained the value of the automatic shutdown and recycling alarms. At this point the roll was called to the motion. 21. Mr. Jackel asked for permission to readdress Item 21, ap- pointments to the Community Appearance Board. Mr. Bird left the Chambers at this time. Mr. Jackel made a substitute motion to reappoint Mr. Kenneth Rubsamen as a regular member, to appoint Alice Finst as a regular mem- ber, to appoint Suzanne Bird as a regular member and to appoint Connie Tuttle as an alternate member, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 3 to 0 vote. Before roll call, Mr. Jackel stated that he feels Mrs. Bird has more familiarity with signs and graphics than Ms. Tuttle and he feels her qualifications may be better than Ms. Tuttle's; therefore, he is naming Mrs. Bird as the regular member and Ms. Tuttle as the alter- nate. At this point the roll was called to the motion. Mr. Bird returned to his chair at this time. Mayor Young declared the meeting adjourned at 8:52 P.M. ATTEST: 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 August 23, 1983, which minutes were for- mally approved and adopted by the City Council on ~. /~,/F~3. ' ~ ' 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. - 11 - 08/23/83