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09-27-83 SEPTEMBER 27, 1983 A regular meeting of the City Council of the City of belray Beach, Florida, was called to order by ~ayor Willard V. Youn9 in the Council Chambers at City Hall at 7:00 P.m., Tuesday, September 27, 19~3. 1. Roll call showed: Present - Council member 5~lcolm T. Bird Council Nember Doak $. Campbell Council hember Arthur Jackel Council hember Edward L. Perry mayor Willard V. Young Absent - None Also present were - City ~nager William R. Law, Or. ana Assistant City Attorney Richard Carlson, Jr. 2. The opening prayer was delivered by keverend Donald Clawson, St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States o~ America was given. 4. ~. Bird moved for approval of the minutes of the ~egular meeting of September 13, 1983 and the Special ~leeting of beptember 12, 1983, seconded by ~. Jackel. Said motion passed unanimously. 5.a.1. ~. Irwin Ives, Delray Beach Democratic Club, stated that a few weeks ago he suggested the beautification of Linton boulevard, spe- cifically, the area from Dixie Highway to Congress Avenue. He asked for an update on it. Mayor Youn9 advised that the widening and beautification of Linton Boulevard is on the "wish list" put out by the County. Further, there has been a meeting with the County and the City is worKin9 with them. 5.a.2. 5~. Ben Bornstein, Pines of Delray West, noted that aDout a month ago there was an unfortunate accident which took the ll~e of one of their lady golfers. He spoke to 5~. Perry concern~n9 the ~ncident and recommended to ~. Perry that "Stop Ahead" signs be placed north and south on Homewood Boulevard to alert drivers coming into that inter- section. About a week ago, he noticed that two alert s~gns were put uF and he thanked Councilman Perry for listening. Hopefully, th~s w~ll save many lives. 5.a.3. ~. Jack Pitts, Screenin9 Committee ~mber for the C~ty Manager position, spoke in response to comments made ~n the newspapers referrin9 to the Committee as a loaded committee. He pointed out that he returned from vacation to find he had been appointed to this ~om- mittee and he has no idea who appointed him. When they d~d meet, they decided on criteria by which to judge the applications. They then parted company and didn't see each other again until they met w~th the final results. There was no way any one of them could have foreseen that ~. Law would be the high scorer. ~. Pitts further outllne~ their scoring procedures. 5.a.4. ~. Paul Riddle, 118 S.W. 7th Street, spoke regardin9 the piles of trash on the streets. He requested that the City more strictlk enforce its ordinances to eliminate this problem. ~. Riddle further requested that the City do son~et~n9 about the dog problem. He added that at 4:30 P.m. about 50% of the dogs in the southwest section of the City are turned loose because the owners know that the Animal Control Officer goes home at that time. In response to the problem of trash piles, Mr. Perry su9- gested that the contractor's trucks be followed by City trucks one time. After the contractor picks up a trash pile, the City could go in, dump the fill and put in a "No Dumping" sign. Mr. Bird stated that when they initiated that contract, they retained a couple of employees to be paid, in part, from the proceeGs garbage and trash collection. He would agree that their code enforce- ment relative to trash piles in front of residences has deteriorated the last several weeks. In addition to ~. Perry's suggestion, ne suggests that the citizens be informed that they are in violation City ordinances. Mrs. Elizabeth ~tthews, Clean Community System, stated tl~at the committee spent about a year on this problem. &he spoke with ~. Johnson and told him that the Committee's impression was that immedi- ately after the contractor began service, the City would do intense code enforcement of trash piles for a period of about slx months, as she drives through various areas of the City, she can see that it is not being done. &he requested that these ordinances be enforced. 5~. Charles Kil~ore, Police Chief, stated that he became concerned with this problem a few days ago and he 9ot together with Johnson, Chief Building Official. As of today, every memDer o~ the Police Department has been notlfied and issued a form to fill out on an~ illegal garbage or trash piles in the City. That is the first ste~ trying to correct this problem. ~. Johnson stated that Code Enforcement is doin9 a good 3ob but this is a bigger ~ob than many people realize. It is the ma3or effort of Bob Gance and Arthur Garland to follow up on these complaints. Upon question by hayor Young, 5~. Johnson advised that they document all complaints. Upon further question regarding Code Enforcement ~ersonnel, he advised that in addition to 5~. Gance and ~. Garland, the~ have McFatter on loan from the Police Department and Bob Bartholomew who is primarily involved in lot clearing. Mr. Jackel stated that it is his understandin9 that when the private contractor first took over he made an attempt to clean the City; he cannot be expected to continually do that without extra pay. ~he Clean Community System is supposed to educate the citizens in this respect and he expects them to follow through so the citizens understand what is expected of them. hayor Young added that he feels the Clean Community System should have assistance from the City and he asked the City Manager to follow through on that. 5.a.5. ~. Terry Sullivan, 1700 Dover Road, requested stricter enforcement o~ illegal parking in handicapped parking spaces. He noted that in some municipalities, people are ticketed ~or parKln9 in those spaces and $500 fines are imposed. Mayor Young asked Chief Kilgore to look into lt. Chie~ Kilgore advised that they do enforce this. They frequently tow cars away, mainly on the weekend at the beach. He personally feels that $500 is severe and would rather tow a car away and inconvenience the owner. 5.a.6. ~. biles E~an, Town & Country, stated that they have a ver~ serious situation in the fact that there is a row of hedges on highland Avenue on the north side as you enter the golf club area. This is a traffic hazard in the sense that you cannot see north on Hon]ewood i[ an~ cars are going south. He understands there is an ordinance that re- stricts the height of shrubbery relative to intersections and he recom- mends that attention be given to this problem. 5.b.1. ~. Bird moved to ratify the 1983-1984 SC~Tb ~oard budget, seconded by hr. Perry. Said motion passed unanimously. 5.b.2. 5~. Bird reported that another $CRTWb Board ~tem is a user charge increase in order to do more preventive maintenance, to Keep the plant in better shape and some other ancillary costs, part of which are an increase in chemical costs, electricity, etc. The user charge will increase 8¢ per thousand gallons of disposal; for the public they antic- ipate, for an average household, it will amount to about 50¢ a month. - 2 - 09/27/83 hr. Bird moved for approval of the user charge increase, seconded by 5~. Jackel. Said motion passed unanimously. 5.b.3. ~. Bird reported that the $CRWTD Board elected to commence work on the phased increase in capacity of the plant with no increase in size. Mr. Bird moved for appproval and ratification of the con- tract, seconded by ~. Perry. Said motion passed unanimously. 5.b.4. ~. Bird noted that in West Palm Beach and Lake Worth ~here have been crackdowns in older sections and they have found numerous violations and significant safety hazards. He sug§ests that they have their code enforcement people take a hard look at some of the older structures which are housing multiple families to make sure those build- ings are up to their Building and Fire Codes. Council concurred w~th the suggestion. ~ayor Young requested the City 5~anager to see that this is taken care of. 5.b.5. 5~. Campbell spoke in regard to the selection o~ a permanent City hanager, noting that they have received a list of 12 persons Fursu- ant to the Screening Committee's actions. He suggeste~ that each member of Council look at the 12 names very carefully and individuall~ take whatever actions they deem necessar~ to determine which name on %nat list would be appropriate for final selection. Further, he suggested they be given a reasonable amount of time within which to do this. 5~. Campbell moved to have a special meeting on October 17, 1983, at 5:30 P.~., for the final selection process, seconded by ~. Bird. Upon roll call Council voted as follows: [~. Bird - Yes; 5~. Campbell - Yes; ~. Jackel - No; ~. Perry - Yes; hayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: ~. Perry stated that last Friday he requested copies of the resumes an~ was told that the City ~4anager had directed that if anyone wanted to see the resumes, they could come to his office and examine them but there would be no copies, hr. Perry added that he does not like being denied ~ocu- ments, especially when he is being asked to make a polic~ decision. Upon question by ~. Jackel, ~r. Campbell advised that he, personally, feels no need for a public interview. 5~. ~ac~el spoke in favor of havin9 a public interview and questioned why they are doin9 this in such a way so the public perception will be that it ~s onl~ a formality. ~. Campbell noted that it was his idea to have a Screenin9 Committee and added that he takes this very seriousl~ and is considering all 12 names at this time. ~r. Perry stated that he will support the motion if ne can get the information he has requested. At this point the roll was called to t~e motion. F~. Bird suggested that Council, by consensus, ask to De provided with a package including each of the resumes for the 12 iinal- ists. ~. Perry advised that he did no~ ask for 12; he wanted to see all of the applications. hayor Youn9 asked the Citk' ~nager to provide 5~. Perr~ with the information requested. ~. Pitts advised that he can nave all o~ that information available ~or ~. Perry in about ten minutes. Upon the request of 5~. Jackel, ~. Pitts expla~ne~ the screenin~ system used by the Screening Committee. - 3 - 0~/27/~3 Mr. Bird stated that he has a lot of questions he would like to ask the applicants that he would prefer not to ask in puDllc. Any final selection should include some public exposure but the prelimi- naries are a different issue, bm. Bird added that he, too, has peen concerned over some of the remarks in the press. The press can take all the shots at him they like. He gets paid to sit on ~ouncil; nowever, the people who serve the City at the request of Council on boards ana committees do not deserve that abuse. He is disappointed in the Fress and their lack of ob3ectivity; it is not an attempt to report the news but a creation of news. Mayor Young thanked the members of the Screening Con~mittee for unselfishly devoting their time and doing an outstanding ~ob. Mr. Jackel concurred with ~ay'or Young and added that most of the abuse is bein9 heaped, not upon the committee, but upon Council. he questions the objectivity o~ this Council. Upon question Dy ~. JacKel, ~. Bird advised that he hopes to have the opportunity to meet w~h some of the applicants in person while he's at the Leag~ue of Cltles ~eetln9 and some of them he will have to interview by phone. ~. Perry stated it is incumbent on him to explain his remarks which appeared in the newspaper. He disagrees with ~. bird as to the press's part in this and he will take full respons~D~llty for it. He had some serious misgivings fron~ the moment ne asked hrs. ~orenburwer if she would like to serve and she demured. He also asked ~m. Henderson to serve as he felt [~. Henderson would be an excellent counterFoint to a group which he felt, personally, was goin9 in one directmon. He felt these were people who had been very subjectively involved in the f~rinW of ~. Tiffany. He still feels that the firin~ of ~. Tiffany ~s ~art of the present problem; he thinks bm. Tiffany was fired to make a Flace. He added that when he tried to make a motion to put bm. Henderson on the committee, it was ignored by the maDorit~ of Council. He walkea awa~ thinking the ma3ority of Council was trying to Mack that committee ana he still feels it. 5.b.6. ~yor Young presented and read a proclamation proclaim~n9 October 3 through October 15, 1~83 as "Shrine Hospital Days". b~ayor Young commended the Shriners for the great work they do. 5.b.7. biayor Young presented and read a proclamation proclaimln9 October 24, 1983 as "United Nations Day". 5.c.1. The Assistant City Attorney requested that Item 22 be move~ from the Consent Agenda to be the first item on the kegular Agenda. 5.d.1. There were no non-agenda items by the City Manager. 6. ~. Jackel moved to approve the agenda w~th item 22 Dean9 moved to be the first item on the Regular Agenda, seconded Dy bm. bir~. ~. Bird made a substitute motion to approve the agenda, move Item 22 as requested and to remand Items 26, 28 and 29 to workshop, seconded by ~r. Perry. Said motion passed unanimously. ~. Jackel suggested that from now on all appointmen'~s to boards and committees be brought to workshop first. BUDGET CON SIDERATION 7. Levyin9 of Tax Rate. Resolution No. b4-83, relative to levying a tax on all properties within the City, is before council for consideration. Prior to consideration o~ passage of this resolution, a public hearing has been scheduled to be held at this time. - 4 - 0~/27/83 The City Manager presented Resolution No. 84-83: A RESOLUTION OF THE CITY COUNCIL OF r£HE CITY OF DELSEY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPER'£'ILS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR ~AIN~ENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 84-83 as on Zile zn the offac-al Resolution Book) The Assistant City Attorney read the resolution in full. A public hearing was held having been legally advertised in comFiiance with the laws of the State of Florida and the Charter of the caty Delray Beach, Florida. Mr. Sam Schwimer, 1061 Orange Terrace, spoke in opposition of the increase in meter fees at the beach from 25¢ to 50¢. II the ancrease must be made, he asked i~ it would be possible to gave the residents a break as they do for other City recreational activitaes. The public hearing was closed. ~. Perry moved for the adoption of Resolution No. seconded by ~. Bird. Upon roll call Council voted as ~ollows: [.~. Bird- Yes; R~. Campbell- Yes; ~. Jackel- Yes; ~. Perry- Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. The City Manager reported that a public hearing has been scheduled to be held at this time on the Federal Revenue Sharln9. A public hearing was hel~ having been legall~ a~vertised compliance with the laws of the state of Florida an~ the Charter of the City of Delray Beach, Florida. The public hearin9 was closed. R~r. Bird moved to approve the distribution of Federal Rev- enue Sharing, seconded by ~. Perry. Upon roll call Council ~'o%ed as ~ollows: ~. Bird - Yes; 5~. Campbell - Yes; ~. JacKel - Yes; [~. Perry - Yes; N~a~or Young - Yes. Said motion passed with a 5 to 0 vote. 9. Appropriations for the 1983-84 Budget. Resolution 85-83, relative to making appropriations of sums of mone~ for all neces- sary expenditures of the City from October 1, 1983 to September 30, 1984, is before Council for consideration. Prior to consaderation passage of this resolution, a public hearin9 has been schedule~ to De held at this time. The City R~anager presented Resolution No. 85-83: A RESOLUTION OF THE CITY COUNCIL OF %'BE CITY OF bELRAY BEACH, FLORIDA, ~KING APPROPRIATIONS OF SU~S OF MONkY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF b~.LRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OC- TOBLk, 1983, TO THE 30TH DAY OF SEPTEMBmR, 1984; '~O PRE SCRIBE THE TERMS, CONDITIONS AND PROVI SION S RESPECT TO THE I~EMS OF APPROPRIATIONS AI~D THLIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH T~IS RESOLUTION AND ALL RESOLUTIONS ~D ORDINANCES INCON SI STENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of- Resolution No. ~5-03 is on file in the official Resolution Book) The Assistant Cit~ Attorne~ read the caption of the resolu- tion. A public hearing was held havin9 been legally adver%ised in compliance with the laws of the State of Florida and the Charter o~ the City of Delray Beach, Florida. The public hearing was closed. - 5 - 09/27/~3 Mr. Perry moved for the adoption o~ Resolution No. ~5-83, seconded by 5~. Bird. Upon roll call Council voted as ~ollows: ~. Bird - Yes; hr. Campbell - Yes; hr. Jackel - Yes; hr. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 10. Ordinance No. 65-83 - The Rod and Gun Club Annexation. Ordinance No. 65-83, relative to annexing a 1.54 acre parcel of lan~, sub3ect to SAD (Special Activities District), located north o~ West Atlantic Avenue between Barwick Road and Hamlet Drive, if extended north, is before Council for consideration on Second and FINAL Read~n9. Prior to consideration of passage of this ordinance on becond and FINAL Reading, a public hearing has been scheduled to be held at this time. The City hanager presented Ordinance No. 65-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, ANNEXING TO THE CITY OF bELRAY BEACH PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, %~ICH LAND IS CONTIGUOUS TO EXISTING ~UNICIPAL LIMITS OF SAID CITY; REDEFINING THL BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 65-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption o~ the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida an~ the Char~er of the City of Delray Beach, Florida. The public hearing was closed. ~r. Perry moved for the adoption of Ordinance No. 65-83 on Second and FINAL Reading, seconded by ~. Jackel. Upon roll call Coun- cil voted as follows: hr. Bird - Yes; hr. Campbell - Yes; ~r. JacKel - Yes; 5~. Perry - Yes; hayor Young - Yes. Said motion passed w~th a 5 to 0 vote. 11. Ordinance No. 66-83 - The Rod and Gun Club Annexation - 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 an existing structure to a restaurant and lounge, is before Council for consideration on Second and FINAL Reading. Prior to consideration passage of this ordinance on Second and FINAL Reading, a publzc hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 66-83: AN ORDINANCE OF THE CITY COUNCIL OF TH5 CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESSNTLY IN THL COUNTY OF PALM BEACH WITH COUNTY ZONING CN-NEIGHBORHOOD COMMERCIAL IN THE CITY ZONING SAD (SPECIAL ACTIVIT~ DISTRICT), BEING A 1.54 ACRE PARCEL OF LAND LOCATED NORTH OF WEST ATLANTIC AVENUE BETWEEN BARWICK ROAD AND HA~'~E~ DRIVE, IF EXTENDED NORTH; SAID LAND BEING IN SECTION 13, TO~SHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND A~NDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 66-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption o~ the orai- nance. A public hearing was held having been le9ally advertised compliance with the laws of the State of Florida and the Charter o~ the City of Delray Beach, Florida. The public hearing was close~. - 6 - 09/27/83 Mr. Perr~ moved for the adoption of Ordinance No. 66-83 on Second and FINAL Reading, seconded by ~. Bird. Upon roll call Council voted as follows: 5~. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to u vote. 12. Ordinance No. 67-83 - Amendin9 Code - Internal Audit Committee. Ordinance No. 67-83, amending Chapter 2 "Administration" of the Code o~ Ordinances to increase the number of regular and alternate members of the IAC, is before Council for consideration on Second and FINAL Rea~- ing. Prior to consideration of passag'e of this ordinance on ~econ~ an~ FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 67-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY BEACH , FLORI DA, AMENDING CHAPTER 2, "AD~IN I ~TRATION" , ARTICLE IV, "INTERNAL AUDIT COMMIT'i'VE", OF TH~ COb~ OF ORDINANCES OF THE CITY OF DELRAY BEACH , FLORIDA, BY A~NDING SECTION 2-70, "COMPOSITION", TO INCREASE THE NUSiBER OF REGULAR ME~iBERS OF THE INTERNAL AUDIT COI. lhITTE~ FROM FIVE (5) TO SEVEN (7), AND TO INCREASE THE NUMBER OF ALTERNATE MEMBERS FROM T~'O (2) TO THREE (3); AND ~ A~NDING SECTION 2-71, "TERMS OF OFFICE", TO PROVIbE THAT SUCH NEW ADDITIONAL ME~BERS SHALL SERV~ TWO (2) y~a~ TERMS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVh DATE. (Copy of Ordinance No. 67-83 is on file in the o~ficial Ordinance Book) The Assistant Citk- Attorney read the caption of the ordi- nance. A public hearing was held havin9 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. 67-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; R~. Campbell - Yes; hr. O'ackel - Yes; 5~. Perry - Yes; ~layor 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: 13. Request for Solicitation of Funds - Amara Shrine Temple, A.A.O.N.M.S. Council is to consider a request to solicit funds from October 3rd through October 15, 1983. Approval is recommended. 14. Ratification of South Central Regional Wassewater Trea%nLent and Disposal Board action of September 15, 1983. Council ~s to consider ratification of SCRWTD Board Resolution No. 2-83, amendment to Inter- local Agreement. This was approved by the SCRWTD Board by a vote of 6-0. 15. Extension of Conditional Use A~proval - Shuler's ~en~orial Chapel. Council is to consider a request for conditional use approval extension for Shuler's ~emorial Chapel for one year, to September 2U, 1984. The subject property is located at the southwest corner of West Atlantic Avenue and S.%~. 6th Avenue. This was approved by the Plann~n9 and Zoning Board by a vote of 5-0, subDect to the followin9 condition: That the conditions imposed by Cit~ Council in granting the original approval of September 28, 1982 shall remain in effect. - 7 - 09/27/83 16. Rezonin~ Request - North of West Atlantic Avenue between Barwick Road and Hamlet Drive, if extended north (Patricia h. Jones, Applicant. Resolution No. 86-83, requestin9 permission from the Palm Beach County Board of Commissioners to rezone land annexed from CN (Neighborhood Commercial) (County) to SAD (Special activities Distract) (City), is before Council for consideration. This was approved by the Planning and Zoning Board by a vote of 7-0. The caption of Resolution No. 86-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, REQUESTING PERMI ~SION FROlv~ T~E BOARD OF COUNTY COMMI SSI ONERS, P URbUAN~' TO FLORIDA g~ATUTES 171.062, TO RE~ONE LAND ANNEXED TO THE CITY OF DELRAY BEACH, FROM THE COUNTY ~.ONING CLASSIFICATION CN (NEIGHBORHOOD COMS~iR~IAL; ~£O THE CITY'S ZONING CLASSIFICA'£ION SAD (SPECIAL aCTIVI~IEb DI S'£RICT ). (Copy of Resolution No. 86-~3 is on file in the o~f~cial Resolution Book) 17. Nuisance Abatement. Resolution No. 89-83, assessing costs for abating nuisances on five properties in accordance witt] Sections 13-12 and 13-13, is before Council for consideration. These are delin- quent accounts and this places a lien on the properties. The caption of Resolution No. 89-83 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, ASSESSINO CO ST S FOR ABATING NUISANCE S UPON CE RTAIN LAN D ( S ) LOCATED WITHIN THE CITY OF DELRAY BEACH; bETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCO~PLI~H SUCH ABATEMENT ~D LEVYIN~ THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR ~UN EFFECTIVE DATg 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; PROVIDING FOR THE ~kAILING OF NOTICE OF LIEN. (Copy of Resolution No. 89-~3 is on file in the ofticial Resolution Book) 18. Lift Station and Force ~in Acceptance. Resolution No. 90 -83, accepting the lift station and force main as operational as recorded in the plat of Terraces at Centre Delray, as before Councal for consideration. The caption of Resolution No. 90-~3 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING THE LIFT STATION AND FOkCk ~aRIN INSTALLED IN TERRACES AT CENTRE DELRAY, RECORDED IN PLAT BOOK 45, PAGE 49, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRI SING THE FOLLOWING LOCATIONS: THE LIFT STATION LOCATED AT THE NORTHWEST CORNER OF THE ARBORS AT CENTRE DELRAY ~qD THE FORCE ~IN CROSSING GER~NTO~q ROAD AT THE SAM~ LOCA~£ION, a~ OPERATIONAL AND SETTING THE INITIAL SCHEDULL OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SI{ALL NOT DISCHARGE THE DEVELOPER FRO~ STRICT PERFORmaNCe; PROVIDING FOR ~iN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEA~. (Copy of Ordinance No. 90-83 is on file an the officaai Ordinance Book) - 8 - 09/27/~3 19. Streets and Storm Drains Acceptance. Resolution No. 91-83, accepting streets and storm drains as operational as recorded in the plat of Crosswinds, Phase I (Homewood Boulevard ann Azalea Court), is before Council for consideration. The caption of Resolution No. 91-83 is as follows: A RESOLUTION OF THE CITY COUNCIL Of' THk Clri'Y OF DELRAY BEACH, FLORIDA, ACCEPTING HO~EWOOD BOULEVARD AND AZALEA COURT INSTALLED IN THE CRO$SWINDb, PHASE I, AS RECORDED IN PLAT BOOK 43, PAGES 56 & 57 OF THE POSLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE TH~ DEVELOPER FROM STRICT PE RFORE~NCE; PROVIDING FOR 5LAINTENANCE FOR AND REPAIRS BY THE DEVELOPEk FOR YEAR. (Copy of Resolution No. 91-83 is on file in the official Resolution Book) 20. Streets and Storm Drains Acceptance. Resolution No. 92-83, accepting the streets and storm drains as operational as recorGe~ in the plat of Crosswinds, Phase II (Begonia Court, Carnation Court and bra- caena Court), is before Council for consideration. The caption of Resolution No. 92-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF TH~. CITY OF DELRAY BEACH , FLORIDA, ACCEPTING BEGONIA COURT , CARNATION COUR~~ AND DRACAENA COURT INSTALLED IN THE CROSSWINDS, PBA~E II, AS RECORDED IN PLAT BOOK 44, PAGES 35 & 36 OF THE PUBLIC RECORDS OF PAL~] BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RE SOLUTION SI{ALL NOT DISCHARGE THE DEVELOPER FROh STRICT PLRFOR~%NCE; PROVIDING FOR ~kIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ON~ YEAR. (Copy of Resolution No. 92-~3 is on ~lle in the official Resolution Book) 21. Development of Barwick Park, Phase II. Resolution No. 93-83, authorizing the submittal of an application to the Department Natural Resources requestin9 funds relative to develoFment of BarwzcK Park, Phase II, is before Council for consideration. The caption of Resolution No. 93-83 Zs as follows: A RESOLUTION OF THE CITY COUNCIL OF TH~. CITY OF D~LRAY BEACH , FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLI- CATION TO THE STATE OF FLORIDA DEPARThENT OF NA?U~AL RESOURCES REQUESTING AND SETTING FORTh THh N~ED FOR FOND~ IN REGARD TO: DEVELOPEIENT OF BARWICK PARK PHA~ II. (Copy of Resolution No. 93-83 is on file in the officZal Resolution Book) Mr. Perry moved for adoption of the Consent Agenda with the exception of Item 22 which will become the first item on the rewular agenda, seconded by ~. Bird. Said motzon passed unanimously. REGULAR AGENDA 22. Water Treatment Plant Improvements. Council ms to consz~er the award of a contract for Water Treatment Plant improvements to the low bidder, Intercounty Construction Corporation, in the amount o~ $112,300 with funds to come from the Water and ~ewer Constructzon Ac- count. - 9- 09/27/S3 The Assistant City Attorney reported that he read the letter dated September 22, 1983, from Russell & Axon and it appeared on the face of tha~ letter that there was some impropriety in the submission of bids. He Spoke to ~. Blanton on the matter and there is no impropriet~ that would cost the City in a lawsuit, but there are some concerns on his part. He has discussed this with the ~ity hanager and they recom- mend that the bids be rejected in their entirety and the matter ad- vertised for rebid. Upon the request of Council, the Assistant City Attorney further explained that about a day before the bids were to be o~ened, one of the bidders had some concerns about the time frame involve~, which is 120 days. That bidder contacted kussell & Axon and requested an extension. Russell & Axon, at the bid opening, made the staten,ent to the other bidders that there were concerns about the time frame involved and an extension would probably be granted. None of the bidders at the bid opening expressed any concern with respect to the time ~rame or w~th respect to their bid in li9ht of an extension being contemplated. ~e bids were then opened, the low bidder being Intercounty Construction an~ their bid was qualified by a staten~ent on the face o~ the bi~ satin9, ~n effect, our bid is contingent upon getting an extension in this matter. ?he City has received from 5oyle Construction, the next low b~dder, a letter ob3ecting to Intercounty's bid as bein9 in noncompliance with the bid specifications. Based on all o~ that, they recommend that Lhe matter be rebid. Upon question Dy ~. Bird, the Assistant City Attorne~ advised that time is not of the essence on this pro3ect. The net effect of rebidding would be about one ~nth. Mr. Bird moved to reject all bids, seconded by ~. Perry. Said motion passed unanimously. 23. Re~ort on the Golf Course meeting. 5~. Cal Kolevzon, 997 N.W. 26th Avenue, suggeste~ that a committee or board be appointed as well as a strong capable course manager, a golf pro and a greenskeeper to operate the course. ?he chain of command should be set up to have the course manager responsible to the City ~anager. After a period of time, perhaps a year, the operation should be closely examined and a determination should be made as to the best way to 9©. hr. Sol Horn, 801 N.W. 26th Avenue, reported on the ~s meeting held last Wednesday. A commission was totally reDected, the present form of management was endorsed by 44 golfers and a non-pro£it corporation was endorsed by 66 golfers. Considerin9 the small per- centage of golfers present at the meeting, the count could easily have gone the other way. On behalf of the golfers, ne urged Council to hire a strong Administrator and to 9ire him free reign to pinpoint and re- solve existing problems. Further, he urged Council not to make any rash decisions. ~r. Peter Ni~ren, 159 b~rine Way, questioned why the course has a membership of only 600 and suggested that the golI course De put under the Parks & Recreation Department. ~r. Ben Bornstein informed Council of a recent incident in which one of the golfers, an 82 year old man, approached the restroom past the sixth green and ~ound a person stan~in9 there. This 9older was apprehensive and so did not go in, but got in his cart and ro~e away. Mr. Bornstein added that he is very concerned about the gol~ course and urged Council to immediately rehire the three rangers ~or the safety o~ the golfers. The City ~nager advised that this afternoon he approve~ the hiring of two rangers for the golf course as of October 1st. - 10 - 09/27/83 Mayor Young explained that at the time the City was taKin9 over the golf course, it was the decision of Council that the Dest wak to handle it was to create a membership program for the benefit obtaining operating funds by prepayment of the greens fees. ?hey nave been operatin9 it in this way and it has not proved to be very success- ful, possibly, due to the inefficiency o£ the operation itself. This why the City ~anager and the GAB have agreed that some other means operation would be in order. ~ayor Young added that he listened to the City ~lanager speak at the GAB meetin9 last week and he agrees with him that it would be in the best interest of the golden9 communit~ ~f the course were to be operated by a group of nine ~mbers who would operate it for the benefit of the golfers, without City involvement, hayor Young added that he does not intend to take this lightly or without due consideration. Mrs. Phyllis Plume, Golf Advisory Board, reported that they are now down to two choices: City operation or an association. ~ne suggests that if Council decides to lease the club to an association golfers, that it be done in a slow and orderly way with no set ~ead- lines. Further, that they hire an administrator and let the Citk con- tinue operation for however long is necessary. 5~. Jackel stated what they presently need at the course is the appointment of a good gol~ administrator an~ he suggests that at this time Council instruct the City hanager to find an~ appolnt one. hr. Bird stated that there is a difference between the 9olfers' needs and Council policy. The 9olfers' greatest concern has been with problems such as clean restrooms, fillin9 in traps, etc.; not major policy issues. His concern is what functioning form of control is goin9 to solve these administrative type of details. He concurs wlth the suggestion to hire a Course Manager as soon as possible, but feels it is also important for the 9olfers to decide whether or not those changes could be more efficiently obtained by an association with direct control over the management of that course. Mr. Jac~el suggested that the City hanager ta~e into con- sideration the advice o~ the GAB in the selection o~ a Course ~nager. Mr. James Scheifley noted about two months ago he preparea a list of 43 problems at the golf course. When ne came back last week from a three week vacation, he found that about ten of tnem had been taken care of and he outlined them. Re added that he feels ~t there ha~ been a strong manager at the course over the last few years, 90% oX the problems that came to Council's attention never woul~ have gotten that far. By a strong manager, he is not talking about a gol~ pro. He suggests that Council consider the applicants for the City ~ianager position when selectinga manager for the golf course. Mr. Wiles E~an stated that he feels one of their ma3or problems at the golf course is to get some buildings up to protect and store the equipment. He inquired as to when these buildings will go up. The City ~anager advised that a while back, they prepare~ plans ior the replacement of one building with the proceeds of the ~ire insurance payment. It then came to his attention that 5~. Block had indicated a willingness to donate some property and a buildin9 immedi- ately adjacent to the golf course which could be used for maintenance purposes. They stopped plans on the initial buildin9 and have Peen trying to move ahead with that land acquisition. He antic~Fates brin9- ing something before Council in about two weeks. The actual land dona- tion is probably a month away. Mayor Young stated that there seems to be some question as to the ownership of a road that crosses that property and he asked the City ~mnager to check into it. - 11 - 09/27/83 Mr. Ken McAleenan, 1910 $. Ocean Boulevard, stated he ~eels a strong golf course manager would alleviate City Council's problem golfers coming before them with complaints. Further, if a stron9 man- ager was hired in conjunction with a superintendent, once a month the two of them could hold a meeting at the club and outline the golfers' programs and accept input from the golfers. If an Advisory Boar~ ~s going to be appointed, he suggests that it be appointed by the course manager and answer to him. The City ~nager pointed out that his presentation to the GAB was predicated on prior Council action and he indicated, at that time, that they have advertised for a manager for the 9olf course ana have been receiving applications. Further, he was prepared to review those applications and appoint someone to the position, but had ~nten- tionally held off because a question was in the air as to whether or not the association was to be created. He would be delighted now to move ahead with the appointment as, under the ordinance, it is his respon- sibility to do so. He and Council want to try to develop and enhance the golf course in the finest fashion possible to the point w~ere the golfers are satisfied and will not need to appear before Council con~- plaining about the action or inaction of the course manager. ~ayor Youn9 declared a recess, the time beln9 9:0~ P.~. The meeting reconvened at 9:03 P.h. 24. Audit ~ervices. Council is to consider award of a contract for audit services for the City to Ernst & Whinney ~or three ~ears. ~r. Bird moued for award of the contract, seconded Dy ~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Campbell - Yes; 5~. Jackel - No; ~. Perry - No; hayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call the followin9 discussion was had: 5~. Jackel quoted segments of the minutes o~ the workshop meetin9 of September 6th and the regular meeting of ~eFtember 13th. He noted that Alexander Grant bid $41,000 and Ernst & %~ninney bia $42,0U0 and questioned why they negotiated with Ernst & %~hinney' rather than the lowest bidder. Further, he questioned why ~. bird selected ~rnst & Whinney with a staff score of 71 when Alexander Grant has a staff score of 92. The City ~anager advised that as the sta~ understands the selection of auditors does not fall under the Competitlve Negotia- tion Act; however, there are certain restrictions. You first Dudge the ability of the firm to perform the work, then accept proposals from the firms ranked as the top three. You are not obligate~ to accept the proposal of the first, second or third ranked firm; you could 9o even further down the list. ~. Bird added that since Councll ranked the Iirms as one, two and three and the Competitive Negotiation Act states that the Cltk Manager must negotiate with the three, the City 5~ana9er did not arrive at an impasse; he never got to ~2. In response to 5~. Jackel's ques- tion, ~r. Bird stated that he selected the list as he dl~ because it was his subjective e~aluation that that was the way they came down. No other member of Council chose to make such an evaluatlon. ~. Jackel stated that he does not feel the explanations by 5~. Bird or the City ~anager are satisfactory. At this point the roll was called to the motion. 2.~. Lease of Catherine Stron~ Center. Council is to consider renewal of the lease agreement from October 1, 1983 through September 30, 1984 between the City and Palm Beach County in the amount of ~1.00 for use of the Catherine Strong Center. - 12 - 09/27/83 The City Manager noted that at a previous meeting, Councli asked staff to review the cost for accommodating the handicapped. The~ furnished Council with a brief recap, the essence of which was that about $7,500 would provide for a modification of the bathroom, install- ing an appropriate drinkin§ fountain and a handicapped parking stall. 5~. Bird moved for approval of the lease and to instruct the Adminstration to undertake the necessary handicapped facility improve- ments for the Catherine Strong Center, seconded by ~. Perry. ~aid motion passed unanimously. Before roll call, upon question by ~. Jac~el, the C~ty ~ianager advised that a funding source has not been identified yet; however, they could take it from the Contingency Account. At this point the roll was called to the motion. 27. Appointments - Plannin~ & ~onin~ Board. Council is to con- sider appointments of three members to the Plannin9 & Zonln9 ~oard to three-year terms ending September 28, 198~. 5~. Bird moved to reappoint ~. Alexander ~imon and hrs. Kathi Sumrali to the Planning and ~oning Board, seconded by ~. Jackel. Said motion passed unanimously. hr. Jackel n~ved to appoint ~. John Vislocky as a men~ber o~ the Planning and Zoning Board to a three-year term endin9 September 28, 1986, seconded by 5~. Perry. Said motion passed unanimously. 30. Conditional Use Approval - Supernatural Deliverance Church of Christ. Council is to consider a request for conditional use for Supernatural Deliverance Church of Christ to allow a 3,536 square ~oot addition to the existin~ church to accommodate a chil~ care facility, located at the southeast corner of Lake Ida Noad and Depot Avenue. The Planning and ~onin9 Board recommended denial by a vote of 4-1 {~are~ dissenting) due to insufficiency of graphic materials. ~r. ~ike ~lcDaniel, Planning Director, explained that the problem was that the site plans suDmitted were not sufficient; tne~ neither matched the originally approved site plan nor did they match what physically existed on the site. This item was postpone~ twkce in order to give the applicant more time to pre~are his plans. In the · nterim they made numerous phone calls and wrote several letters re- questing that the applicant get the plans in order. The applicant simply stopped responding and at the third hearing did not even appear. It is, therefore, his and the Board's recommendation to Council that this request be denied. Mr. Jackel moved to deny conditional use approval ~or the Supernatural Deliverance Church of Christ for a child care tacllity due to insufficiency of material, seconded by ~. Perry. Sald motion passed unanimously. 31. Grant for Delray Beach Library 5xpansion.. kesolution No. 9~-83, authorizing the ~ayor and the Library Association to apply to the Division of Library Services for a grant for the expansion of the Lelray Beach Library and to provide for the expenditure of iunds, is De,ore Council for consideration. The City Manager presented Resolution No. 9~-83: A RESOLUTION OF THE CITY COUNCIL OF TH~ CItY OF D~L~AY BEACH , FLORIDA, TO THE $~ATE OF FLORIDA, D~PA~Th~NT OF STATE, DIVISION OF LIBRARIES, AUTHORIZING TH~ ~YOR OF THE CITY TO EXECUTE A GRANT APPLICATION CEk%~IFYIN~ AVAiL- ABILITY OF LOCAL 5~TCHING FUNDS, AND CSRTIFYING AVAILA- BILITY OF FRE~ LIBRARY SERVICE TO RESIDENTS OF THL CITY OF DELRAY SEACH. (Copy of Resolution No. 94-83 is on file in the o~icial Resolution Book) - 13 - ~r. Bird moved for the adoption of Resolution No. 94-~3, seconded by ~. Perry. The Assistant City Attorney requested that at the ena o~ Section 3 they add the phrase "sub3ect to budget". Council discussion was had in this regard. Upon question by ~r. Jackel, ~]r. Otto, repre- senting the Delray Beach Library, advised that the State Attorney pro- vided them with the form and language and he cannot answer whether adding that language will jeopardize their grant or not. Upon question by Council, the Assistant City Attorney ex- plained that the City is not allowed, under the Constitution, to ~una things beyond one year without referendum. It has been interpreted by some Courts that this requirement would bind the City Council in later years to fund the library to require that it be open for free library service. The new language is being put in there to avoid the technical problem of some judicial interpretations. Mr. Campbell suggested they go ahead and pass the resolution as amended. A call can then be made to Tallahassee to determine 1~ this is in any way offensive; if it is, they can hold a special meeting to correct it. Council concurred. Mr. Bird amended his motion to include "subject to budget", seconded by ~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; ~]r. Campbell - Yes; hr. Jackel - Yes; ~. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 32. Ordinance No. 75-83 - Amendin~ Code - Nuisances on Pro~ert~. Ordinance No. 75-83, amending Chapter 13 "Health and Sanitation" o~ the Code of Ordinances relative to nuisance aDatement, is before Council ~or consideration on First Reading. I~' passed, Public Hearing will be held on October 11, 1983. The City ~nager presented Ordinance No. 75-~3: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDa, AS~ND- ING CHAPTER 13, "HEALTH AND SANITATION" , ART ICL~ I~ "NUISANCES ON PROPERTY", OF TH~ CODE OF ORDINANCES OF TH~ CITY OF DELRAY BEACH, FLORIDA; BY ALTERING TH~ TIh~$ ALLOWED FOR CO~IPLIANCE, NOTICE, AND PETITION FOR H~ARIN~ BEFORE THE NUISANCE BOARD; BY E~ABLISHING A Bib PROCS- DURE FOR THE CITY OF DELRAY BEACH TO CONTRACT FOR TH~ ABATEMENT OF NUISANCES; PROVIDING TECHNICAL REVIbION ~; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- nance. ~. Perry moved for the adoption of Ordlnance No. 75-83 on First Reading, seconded by ~. Jackel. Upon roll call Council voted as follows: 5~. Bird - Yes; ~. Campbell - Yes; hr. Jackel - Yes; ~. Perry - Yes; hayor Youn9 - Yes. Said motion passed with a 5 to 0 vote. Mayor Young declared the meeting adDourned at 9:25 P.~. ATTEST: City Cle~ hAYOR The undersigned is the City Clerk of the City oi be lray Beach and that the information provided herein is the minutes o~ the meeting of said City Council of September 27, 1983, which minutes were formally approved and adopted by the City Council on ~.F~./~ IF ~ . 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 the~ have been reviewed and approved which ma~ involve some amendments, ad~tions, or deletions to the minutes as s~tl~O~th above. 09/27/~3