11-08-83 NOVES]BER 8, 19~3
A regular meeting of the City Council of the City of belray
Beach, Florida, was called to order Dy hayor Willard V. Young in the
Council Chambers at City Hall at 7:00 P.M., Tuesday, November 8, 1983.
1. Roll call showed:
Present - Council ~lember Iv~lcolm T. Bird
Council ~ember Doa~ S. Campbell
Council 5~ember Arthur Jackel
Council ~ember Edward L. Perry
~ayor Willard V. Young
Absent - None
Also present were - City ~ana~er William H. Law, Jr., and
City Attorney Herbert W.A. ?h~ele.
2. The openin9 prayer was delivered by Reverend Tim Fangme~er,
Trinity Lutheran Church.
3. The Pledge of Allegiance to the flag o~ the Dnited States ot
America was given.
4. ~. Jackel moved for approval of the minutes of the ~egular
~]eeting of October 25, 1983 and Special heeting of October 31, 1983,
seconded by Mr. Perry. Said motion passed unanimously.
~]ayor Young announced that Item 20 has been removed from to-
night's agenda at the request o~ the attorney for Shell Oil Con~Fany.
5.a.1. 5~. Earl Hawk, Principal of Atlantic High School, made a
presentation relative to a proposed ~ield restitution Fro3ect. The
County has already agreed to put in $87,000 for an irrigation system;
however, the project is goin9 to cost an additional $96,000. ~e ex-
plained that if Delray Beach, Boynton Beach and the County Commission
each come up with $16,000, the School Board will match it with the other
$48,000. This would get them their $96,000 which they propose it will
take to put in three baseball diamonds, a legal size soccer ~iel~, a
practice band field and a practice football field. ~. Haw~ introduce~
Dr. Scott McOwen who, he advised, has been very active on their com-
mittee and who has helped ther~ develop a respectable program for
Atlantic High School. Dr. McOwen came forward, presented drawings of
the proposed expansions and explained the pro~ect further.
Upon question by ~r. Perry, Dr. ~cOwen advised that the
County and the City of Boynton Beach have Doth reacted favorably to the
pro~ect but have not totally committed yet.
5~. Bird stated that he feels the Plumosa pro]ec~ was a step
forward in intergovernmental cooperation; it provided a lot of recre-
ation and organized athletics at the school level for an a~ount that
normally would have been spent twice, once by the City for its ~urposes
and again by the School Board. He supports the concept anG would be in
favor of participating along with the City of Boynton an~ the County, as
well as the County School Board in bringing another multi-governmental
facility to the populous so they get maximum utilization ~rom their
recreation dollars.
Mr. Bird n~ved to approve the request for $1~,000, with
funds to come from the Contingency Fund, seconded by ~. Perry. Said
motion passed unanimously.
5.a.2. Dr. William Laughlin, Delray Beach Veterinarian, stated t~at
Luther's Restaurant has put in five trees to the north o~ his business
and noted that two of those trees are dead. The healthies% o~ the trees
is growing right in front of his $3500 sign and is prohibiting people
from seeing much of it. He is here to request that the healthy tree be
moved (not chopped down) to one of the other two locations north an~
that no tree be placed in front of his sign. He added that he Fur in a
nice sign in accordance with all City ordinances and he feels it shoul~
have adequate exposure.
hr. Perry questioned whether the si9n code under which Dr.
Laughlin installed his sign is the same code which is going to be en-
forced in 1985. Further he asked Dr. Laughlin if he has spoken to
Luther's personally. Dr. Laughlin replied he felt it would be best to
start with City Council.
Mr. Campbell suggested that this issue be re~erred to the
Community Appearance Board as they are the ones who originally approved
the landscaping, hrs. Alice Finst suggested it De directed to ~s.
Davila, City Horticulturist.
It was the consensus of Council to refer this matter to t~e
City Manager to take the appropriate steps.
5.a.3. hr. David Elliott read into the record the following letter
from his mother and family:
"Many of you may have known my father, Alfred Elliott. He was
Parks and Recreation Director for twelve years and he was
Delray's first Director. One of the things that my Da~ love~
was planning parks. He said 'i love to think o~ children
running and playing in the parks I've planned and helped to
create. ' Two of the park pro3ects he worked on are hiller Park
and Pompey Park. I recently learned of a park being built.
For now it's being called Barwick Park. I'd like to suggest
that the park be named "Elliott Park". 14y father passed away
on October 29th and it would mean so much to him and his family
and many friends for this park to be named after him. Please
consider bestowin9 this honor to my father's memory. I would
also like to thank the many City employees and City officials
for the 28 pints of blood, the prayers, the hope and the ~riend-
ship that was given durin9 his two month fight for life. Thank
you."
~r. Bird stated that he does not know w~en Council ~as
received a more eloquent request for a well deserved honor.
~r. Bird moved to name the ~ark "Ell~ott Par~".
5~. Perry stated that, coincidentally, he was going to bring
forth a similar request. Mr. Bird withdrew his motion and suggested
they remand this issue to workshop.
~r. Perry advised that they have received a letter ~rom the
local lodge of the Fraternal Order of Police requesting consideration
for the name of Patrolman John b. Kennedy to be memorialize~ with the
new Barwick Park. He and John were friends but virtually every citizen
of the City would have been considered a friend by Jonn; he was that
type of man. He was compassionate, open, full of good humor. He was a
family man, which was not only evidenced by his children but by the ~act
that he spent much time with them. Many weekends were spent with h~s
family camping at State parks and similar facilities. What better can
they do than to memorialize a family man with a great and active in-
terest in family recreation who died in the service of his community,
than to name a community family facility for him. 5'~. Perry s~ate~ he
will not make a motion at this time, but he would ask that Council con-
sider, along with the other request, the name of John D. Kennedy, in the
naming of Barwick Park, with a sultable memorial plaque bein9 installed
at that facility.
It was the consensus of Council to have this item on tne
next workshop meeting agenda.
5.b.1. ~. Perry stated that the previous Council attempted to find
a suitable name for the facility known as City ParK; not findin~ an
individual for whom such a memorial could be made, the consensus at that
time was to let the name remain as City Park. He feels that name is
innocuous and vapid and says nothing about the heart and soul of thls
community. It does not speak to the contributions and sacrifices made
by citizens whom they remember on every Memorial Day at that location.
Mr. Perry moved that they rename City Park as "Veterans
Memorial Park", thereby indicating their pride and love for the men and
women of Lelray Beach who have served their nation in wars, police
action and peacekeeping missions with the Army, Navy, ~arine Corp, A~r
Force and Wartime Coast Guard, seconded by ~]r. Bird. Said motion Fassed
unanimously.
Before roll call the followln9 discussion was nad:
5~. Bird questioned whether the portion of the park where
the memorial actually exists is known as sometning other t~lan City Park.
~. Perry stated, for clarification, he would not be includin9 in his
motion the senior citizens facility as that would seem to be a separate
facility.
Mrs. Elizabeth ~tthews explained that she had served on a
committee which was asked to study this question at one time. %~hat
happened, at that time, was that ~. Winters suggested the park be
renamed "Leon M. Weekes Park"; 5~. Weekes was then hayor. 5~. Weekes
appointed a committee made up of herself and four other people to study
it. Her own suggestion, was that it be named for the ~irst child in
town, Ethel Sterling Williams. The committee rejected that suggestion
on the grounds that it had, historically been named City Park and it did
include the whole complex.
Mr. Campbell asked for the boundar~ o£ the park. ~. S~rd
replied Carteret Savings on the west, the Intracoastal on the east,
Atlantic A~enue on the south and the senior citizens area on the north.
At this point the roll was called to the motion.
5.b.2. 5~. Perry stated that ne was shocked to learn that the
Interim City hana~er has set up an internal State security-type system
with which he can keep tabs on City Council 5~embers' conversations with
staff members. He stated that the City ~anager, havin9 been apprised of
the fact that a certain department head had told him (hr. Perry) about
the rationale for the form, took that indivldual seriously to tasK. He
questioned if it would be reasonable to believe anyth~n9 other tnan the
apparent fact that their chartered individual prerogative to closel~
scrutinize all aspects of City government operation has, in fact, been
undermined by the Administration. He understands that this sort of
device is used in other cities to great benefit an~ personall~ would not
be against having the device in this City; however, it is apparent to
him that the intent is something less than he would hope for, ~imply Dy
the evidence of the reaction when the City ~anager ~oun~ out that ~e
Knew about it. The fact that two department heads have ~ndlcated a
similar understanding that these reports were to be used for the purpose
of reporting back on conversations with members of Councll specificall~
indicates to him something less than an open and honest use. ~. Perry
added that the Interim City 5.~nager's apparent contempt for this bod~
has been long felt with various decisions having been made without
consultation of Council when such seems to be at least in order, not to
mention referring to their meetings as the Tuesday night Gong ~how with
members of staff, hr. Perry stated that these blatant attempts at
undermining the authority and reputation of this body must stop here and
now with this Council issuing the sternest warning for any repetition.
He brings this information to Council without motion for their serious
deliberation and consideration during the next few days.
The City ~anager stated that 5~. Perry is apparently re-
ferring to the conference report that has been in use for a period oI
time prior to his arrival. He did ask the department heads to use it,
not only for internal staff meetings, but also for ones where external
folks were involved and, in the case of City Council, where more than a
query, brief meeting or telephone call was used. bpec~call~, the
reason for the report is to track and assure themselves that if actions
are required, they take them, rather than using the prior methodology o~
memorandums because they frequently get lost on the desk. ~egardin9 the
observation that ~. Perry made that he took a department head to task,
that is literally not true, not factual and not even close to correct.
- 3 - 11/0~/83
Apparently two of the department heads must have visualized what he sal~
differently than the others did. He added that his 9eneral impression
is that the department heads do not all see it the same way. Lastly,
~. Perry's comment about the Gong Show is incorrect, not true and not
even close to true. %~oever made the observation about his beln9 re-
sponsible to take them to task or to claim that the Council nas a ~ong
Show should certainly be offered the opportunity· to tell the Council
that that is the case. All he can do is say that he does not believe
that is correct.
Mr. Perry stated that other departii~ent heads have indicated
that they did not have the same interpretation as to the use o~ the
form. He thought that it was a perfectly fine device to De used, one
which has been used in other cities but he ~id not know to what extent
it had been used in this City. It makes sense to him, if he were to
approach a department head and ask that a project be initiated, that the
City ~nager be apprised of it. It would certainly seem that the
Manager would be owed at least that courtesy. ~. Perry advised that he
found out about this by having passed a request from ~. Kahlert and the
County asking about the striping of soccer fields; he was assured that
the department was already looking at the striping. Wit~ that he left
the office, immediately remembered somethin§ else he wante~ to ask and
walked back in finding this report bein9 preFared. He saw his name
being used and wanted to know what it was. ?hat was not a request for
an initiation of a project; it was simply asking what the ~olic~ is
here, what we intend to do and what we have done. Apparently {1) sta~
is fra§~nted in its understanding of Administrative policy, an~ (2) it
is obvious to him that they must have some liars out there because the
statements made to him were made without equivocation. He would have a
problem now with wondering what is goin9 on when he 9ets that strong a
report from a man who is willing to flatly tell a lie.
The City hanager explained that the question ~. Perry
raised - is the City doing the stripin9 - apparently was answered in the
affirmative and it is his current understanding that at least, as of
this year, they did not do it; someone else did. By ~rtue o~ the
department head's commitment to ~. Perry that he would try to do it
followin9 ~. Kahlert's request, that department head has since ~n~i-
cated a willingness to ask for a budgetary transfer to buy the equipment
to do the striping. He (City ~anager) approved it ~nowin9 full well
that ~. Perry and ~. Kahlert were interested in it. It was an ongoin9
kind of program in the City even though they did not do it De,ore, and
it gave him an opportunity to at least reflect on it beforehand.
~r. Bird stated that, according to the Charter o~ the
of Delray Beach, the City hanager is responsible for managing the activ-
ities of all of his employees. He added that ]laving been in similar
situations in his lifetime with large staff organizations with several
hundred people reporting directly or indirectly to him, he found similar
kinds of devices to be very useful. It is for the purpose o~ maKin9
sure that the requests made by your bosses, in this case City Council,
are responded to and do not represent a policy change from that which
exists and that if, indeed, there is follow up to De done, that it is
done by the appropriate party. He has never been refused information
a member of this City family when he has called either directly or
indirectly and he trusts that nothing has changed in that. In the final
analysis the individual who is responsible for runnin9 this City on a
day-to-day basis administratively, with whatever guidelines he wants to
impose, is the City ~anager; that is what they hired him for. If they
are going to impose themselves in that paperwork stream and tell nlm
what is an appropriate report and what is not, then indeed they would be
trying to change the Charter.
Mr. Perry pointed out that specific charges have been made.
5~. Bird stated that he feels they need to see all the individuals
because now what they have is a dichotomy.
- 4 - 11/08/83
Mr. Perry stated that his problem was not wath the paper-
work. In this particular case, he asked a question to find out that the
department had apparently already been aoin9 some work in that airec-
tion. It was strictly an informational visit and there was no attempt
to abrogate the Administration's role. He added that he has got a
problem now in that the two or three individuals that ne has spoken to,
that had negative comments, must all have pretty liberal feelings about
truth. He will drop it for this evening but will certainly go back to
these individuals and find out lust what the story is. He is gettin9
tired of the fact that people are not ~ust makln9 mistakes; they are
flatly coming out with untruths apparently.
Mayor Young stated he is happy to hear that they are not
going to continue with this this evening. He thinks it is completel~
out of order unless they have some very definite proof that this tn~ng
exists. He cannot help but think, and agree with ~. Bird, that thas
a matter that should have been taken up with the City 5~anager before
was brought up at a Council meeting.
5.b.3. Mr. Campbell stated that he nas suggested that when an
adjudication has been made by the Code Enforcement Board that a Code has
been violated, they assess a fee of $40.00 to the person who has been
cited, prior to any penalty being imposed. The reason bein9 because
is becoming increasingly tedious and difficult for the limited staf~
they have to handle what is going to become an increasin9 number
citations. This will help (1) make people more cooperative an their
dealings with the staff to try to resolve the problem before it gets to
the Board and (2) will allay what he feels is goin9 to De an increasin~
cost to the City in dealing with Code v~olation.
~. Bird stated that he read in the minutes of the Code ~n-
forcement Board that the Board could not do anytnin9 with Actave Auto,
so they' are going back after the property owner. If memory serves him,
this has been dragging on for eight or nine months. Active Auto as no
longer in business, yet he was in flagrant disregard of the Code. ~very
few months they would bring him back before the Boar~ and he woul~ say
he was working on it, but nothing ever got done. He eventually disap-
peared from town and the City is still left with the problem o~ derelict
automobiles on the property. As an alternative to ~. Campbell's su9-
gestion, he suggested possibly they could investigate assessing a pen-
alty even if it is escrowed and returned at the time the appropriate
action is taken; i.e., if an individual agrees to have sometnin~ done in
30 days, they would have them leave their money with the City. If,
indeed, it does get done in 30 days, the City coul~ then return the
money to them as opposed to bringing them back and goin9 throug~ the
repetitious testimony that occurs endlessly.
The City Attorney replied that the concern with that is that
the sole remedy under the Statutes is to lien the property for nonpay-
ment of the fine; however, it is something they could look in~o. ke-
garding Active Auto, he advised it is still under active research. ~hey
are waiting for additional information from the Florida League General
Counsel in that in their initial research into the question of whether
they could or not, they received some very negative anput from the
framers of the original Code Enforcement Board documents as to whether
they thought it was legal or not.
Mr. Campbell stated that unless they come up with sometnin9
definitively in the nature of case law saying you cannot do it, he feels
they should go ahead and try it. He thinks that Code ~n~orcement ~s
going to be one of the paramount issues that they will be deallng with
in the future and they need to Deef up their Code Enforcement Board to
try to make the City in a better position to deal with a 9rowing number
of violations.
Upon question by hayor Young regardin9 similar cases, t~e
City Attorney advised that there is absolutely nothing specific as to
that particular aspect under Code Enforcen~ent Boards, so they woul~ be
breaking new ground. F~. Campbell suggested that the City Attorney
write a letter and get the Attorney General's opinion.
- 5 - 11/0~/~3
It was the consensus of Council to direct the City Attorney
to write to the Attorney General for an opinion on this matter.
5.b.4. Mr. Campbell stated that, although some time has passed,
their Civil Service Board has gone through a significant series o~
meetings recently on behalf of the City. He feels they have Gone a
phenomenal job in dealing with what has come to be one of their more
spectacular cases. 5~. Campbell commended the memDers o~ the Civil
Service Board for the admirable job they did and the time and effort
they put in. In particularly, Mr. Leonard Syrop, Chairman, did a ver~
good job of handling a delicate situation. Council hemDers concurred
with the comments made by ~. Campbell.
5.b.5. Regarding Item 5.b.2., 5~. Jackel stated that he feels it
is a matter of credibility and nothin9 can be proven. He, too, would be
a little dismayed if he asked a question of a department l~ead an~ then
found out the department head was writing a report on him. For the
benefit of those who were not present at their last City hanager selec-
tion meeting, Mr. Jackel advised that a former Boca Raton Councilman
commented that 5~. Law had a view of Council as merely window dresslng.
Mr. Jackel stated he feels their public does not want one man 9overn-
ment; rather, they would like to see equal parts to their government
with mutual respect and trust. He sees very little o~ that. Although
the Council will vote next week on the City hanager's position, you, the
public are going to vote next harch and must decide what you want ~or
this City.
5.b.6. ~. Bird stated that one week ago he asked the c~tizens o~
Delray Beach to join with him in offering financial assistance to a
young man from the City of De lray Beach servin9 in the U.S. ~arine Corps
who was one of the survivors of the terrorist attack. He is pleased to
report that they have raised $880 and have pledges for another $125,
bringing the total close to $1,000. Further, 5~. ~ird advised that
Lance Corporal ~anley was released from the naval hospital and allowed
to come home to convalesce with the assurance that his wi~e, a private
nurse, would be available to take care of him. So the amount the~ have
made available will go toward offsetting the loss of income ~rom her
paid position. 5~. Bird mentioned the followin9 groups who have parti-
cipated financially: Boynton Beach Lodge ~49 and Fraternal Or~er o~
Police; Community Action Committee oi High Point, be lray Beach ~ountry
Club hen's Golf Association, Delray Beach Rotary, Delray Beach Kiwanis,
and numerous individuals, hr. Bird added that he was ~mpressed that
there were a lot of people willin9 to donate their time and e~iorts as
well as money and he asked to read into the record the letter wn~ch
accompanied the check from the Boynton Beach Fraternal Order of Police:
"Enclosed is our check in the amount o~ $10U.00 for the ~nley
fund to help hrs. ~anley make a trip to see her husband. Please
accept this check as our way o~ paying tribute to those many men
who lost their lives in the service of their country, as police
officers of the Boynton Beach Police Department, we feel that in
some way those marines are our brothers in the service of our
country. This is our way of showing our support for t~ose men
at a time when many people tend to question instead of com-
mending them for performance".
Signed Lt. Robert Ferrill
President of F.O.P.
Mr. Bird thanked everyone on behalf of himsel~ and the
hanleys; it was a real tribute of a town who's willing to helF its own.
5.b.7. ~ayor Young stated that they had scheduled an interview with
the City ~anager candidates on Saturday at 10:00 A.M. As there ~s an
important event takin9 place Saturday evening, he aske~ if ~t woul~ be
agreeable to Council to reschedule the first meeting on Saturday to De
at 9:30 A.M. rather than 10:00 A.~.
It was the consensus of Council to reschedule the ~irst
Saturday meeting for 9:30 A.M. instead of 10:00 A.h.
- 6 - 11/08/~3
Upon question by ~. Jackel, Mayor Young advised that the
Friday night meetings at 7:00 P.M. and 8:00 P.M. will go on as sched-
uled. Upon question by the audience, he advised that these meetings
will be open to the public.
5.c.1. The City Attorney had no Non-Agenda items.
5.d.1. The City Manager stated that he was not talking aDout ~.
Perry, but rather to him, in making observations about what other people
told him. He was certainly not trying to cast any aspersions at ~.
Perry in any way, shape or form. ~. Perry replied that none were
taken.
6. F~. Bird ~Dved for approval of the agenda, less ltem 20,
seconded by ~. Perry. Said motion passed unanimously.
PUBLIC HEARING
7. Ordinance No. 81-83 - Zonin~ Ordinance Amendn~nt - Conditional
Uses. Ordinance No. 81-83, amending Chapter 30 "Zoning" of the Co~e of
Ordinances relative to modification of approved conditional uses, is
before Council for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL ~ea~ing,
a public hearing has been scheduled to be held at this time.
The City hanager presented Ordinance No. 81-83:
AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF DELRA¥
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING ORDINANCE",
SECTION 30-21, "CONDITIONAL U~ES" SUBSECTION (F), MODIFI-
CATION OF APPROVED CONDITIONAL USE" , OF THE COD~ OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; BY
CLARIFYING THAT ANY DECISION OF THE PLANNING AND ZONIN~
BOARD SHALL BE APPEALABLE TO ?H~ CITY COUNCIL BY A PERSON
AGGRIEVED; BY DELETING THAT THE DECISION OF TH~ PLANNING
AND ZONING BOARD A~ TO WHETHER A ~DDIFICA?ION OF APPROVEb
CONDITIONAL USE IS ~INOR OR ~JOR IS FINAL; PROVIDINQ a
SAVING CLAUSE; PROVIDING AN EFFECTIVE DA~E.
(Copy of Ordinance No. 81-83 is on ~ile in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compllance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
hr. Bird moved for the adoption of Ordinance No. 81-83 on
Second and FINAL Reading, seconded by ~. Perry. bpon roll call Council
voted as follows: ~. Bird - Yes; ~. Campbell - Yes; hr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to u
vote.
CONSENT AGENDA
Regarding Item 9 of the Consent Agenda, ~. Campbell asked
if the funds for the Westlaw Legal Research Computer are already an the
City Attorney's budget. The City Attorney replied, yes.
The following items are to be considered by Council as the
Consent Agenda:
8. Beach Pro~ects. Council is to consider givln9 authorization
to proceed with the following beach pro3ects:
a. Final Design - 1984 Renourisnment Pro3ect. Cost is
$60,606; source of funds is the Erosion Control Fund;
work qualifies for reimbursement by Federal and County
Agencies.
- 7 - 11/0~/83
b. Phase I - Environmental ~onitoring- 1984 Renourishment
Project. Cost is $21,200; source of funds is the
sion Control Fund; work qualifies for reimbursement Dy
State Agencies.
c. Dune ~onitoring Study. Cost is $17,120; source o~ funds
is the Erosion Control Fund; work is already under con-
tract with the Department of Natural Resources ~or re-
imbursement.
Approval is recommended.
9. Purchase of and SubscriptiOn to Westlaw Legal Research Com-
puter. Council is to consider authorizing purchase of a Westlaw Legal
Research Computer for the City Attorney's office in the amount of $5,1~0,
with funds to come from the City Attorney's 1983-84 budget. Approval
recommended.
10. Request for Solicitation o~ Funds ' The American Cancer Society,
P'~lm Beach County.. Council is to consider a request to solicit funds
from ~arch llth through ~rch 31, 1984. Approval is recommended.
11. RequeSt fOr Solicitation of Funds - Daughter of Zion Seventh
D~y Adventist Church. Council is to consider a request to solicit funds
f~om November 30th through December 31, 1983. Approval is recommended.
12. Conditional Use, Site Plan Approval Extension - Layer's North.
C~uncil is to consider a request for an 18-month extension to June 5,
1985 of the conditional use and site plan approval for Layer's North.
The property is located south of Linton Boulevard between S.W. 10tn
Avenue and S.W. 4th Avenue, if extended south. The Planning & ~onln9
Board approved this request by a vote of 6-0.
13. Vehicles - Development and Inspection Lepartment. Council
· s to consider award of a contract to Hertz Corporation for eleven use~
vehicles for the Development and Inspection Department at a cost
$65,637 ($5,967 per unit), with funds provided in the 1983-84 budget.
Approval is recommended.
14. Lease A~reement - Catherine Stron~ Center. Council is to
c6'nsider an amendment to the lease agreement between the City and Palm
Beach County relative to extendin9 hours for the day care activity to 7
p.m. Approval is recommended.
15. NUisance Abatement. Resolution No. 100-83, assessin9 cost
for abating nuisances on 19 properties in accordance with Sections 13-12
and 13-13, is before Council for consideration.
The caption of Resolution No. 100-83 is as follows:
A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING CO$~$
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATSD WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL CO~TS IN-
CURRED BY THE CITY TO ACCO~PLI SH SUCH ABATEhENT AND
LEVYING THE COST OF SUCH ABATE~ENT OF NUISANCE~; PRO-
VIDING FOR AN EFFECtiVE DATE AND FOR A DUE DA%'~ ANb
INTEREST ON ASSESS~]ENT$; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LI~N
UPON THE SUBJEC~ PROPERTY FOR UNPAID ASbESShENTb; PRO-
VIDING FOR THE ~.~AILIN~ OF NOTICE OF LIEN.
(Copy of Resolution No. 100-83 is on file in the official
Resolution Book)
16. Beach Restoration for Ocean Ridge. Resolution No. 101-83,
supporting the Town of Ocean Ridge in its efforts at beac~ restoration,
is before Council for consideration.
- 8 - 11/08/83
The caption of Resolution No. 1~1-83 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF bEL~AY
BEACH, FLORIDA, SUPPORTING THE TO~ OF OCEAN RIDG~ IN ITS
EFFORTS A? BEACH RESTORATION; PROVIDING FOR FURNISHING OF
COPIES OF THIS RESOLUTION.
(Copy of Resolution No. 101-83 is on ~ile in the official
Resolution Book)
17. Sanitary ~wers and ~4ater Utilities. Resolution No. 103-83,
accepting sanitary sewers and water utilities as operational as recordea
in the plat of Layer's North Development, is before Council ~or con-
sideration.
The caption of Resolution No. 103-83 is as follows:
A RESOLUTION OF THL CITY COUNCIL OF ?HE CI?Y OF DELRaY
BEACH, FLORIDA, ACCEPTING ALL ?HE SANITARY SEWERS AND
WATER U?ILITIES INSTALLSD IN LAVER'~ NORTH, AS F~ECORDL~D
IN PLAT BOOK 43, PAGES 92 - 94 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, AS OPERATIONA~ AND SETTING
THE INITIAL SCHEDULE OF RATES, FEES AND OTH~k RELATED
CHARGES TO BE I~IPOSED FOR THE SERVICES A~D FACILITIE~
FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESO-
LUTION SHALL NOT DI SC~JARGE THE DEVELOPER FROh STRICT
PERFORMANCE; PROVIDING FOR ~%INTENANCE FOR AND REPAIRb ~Y
THE DEVELOPER FOR ON~ YEAR.
(Copy o~ Resolution No. 103-83 is on file in the o~ficiai
Resolution Book)
18. Chan~e Oraer - Force ~in 50. Council ~s to consider ap-
proval of Change Order No. 2, increasing the contract price ~or Force
Main 50 by H & H Engineering in the amount of $38,734.28, with funds to
come from the Water and Sewer Construction Account. approval is recon~-
mended.
5ir. Bird moved for approval of the Consent Agenda, seconded
by ~. Perry. Said motion passed unanimously.
REGOLAR A~EN DA
19. Garbage Collection - The Palms o~ Delray. Council is to
co---~sider authorizing r011 carts for the eight quadruplexes at The Palms
of Delray.
~. Bird moved to authorize roll carts instead o~ dumpsters,
seconded by 5~. Perry. Said motion passed unanimously.
Before roll call, the City Attorney noted that this item
will come back on another agenda because it will require a contract
amendment and an ordinance amendment to affect it as well. They can
proceed under that assumption at this point.
At this point the roll was called to the motion.
21. Ordinance No. 75-83 -Amendin~ Code - Nuisances on Property.
Ordinance No. 75-83, amending Chapter 13 "Health and Sanitation" of the
Code of Ordinances relative to nuisance abatement, is before Council %or
consideration on First Reading. If passed, Public Hearing will De ~eld
on November 22nd.
The City ~anager presented Ordinance No. 75-83:
AN ORDINANCE OF THE CI?Y COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, A~ENDING CHAPTER 13, "HEALTH ANb SANI-
TATION'', ARTICLE II, "NUISANCES ON PROPERTY", OF THE CODE
- 9 - 11/0~/83
OF ORDINANCES oF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 13-16 (b) , "DESIGNATION OF ENFORCEmeNT
OFFICER; NOTICE OF VIOLATION REQUIRED; CONTENT OF SUCH
NOTICE", TO REDUCE THE PER~4ISSIBLE TIE~ FOR ABATE~ENT OF
NUISANCES ON LAND, TO REDUCE THE PERMISSIBLE TIh~ PERIOD
IN WHIC~ TO FILE A PETITION TO THE CITY ~NAGE~ FkOh TEN
(10) TO SEVEN (7) DAYS AND TO INCREASE THE PERhISSI~LE
TI~ PERIOD TO ABATE A PUBLIC NUISANCE AFTER A DECISION
BY THE NUISANCE ABATEhENT BOARD FROM FIVE (5) TO SEVEN
(7) DAYS; BY A~ENDING SECTION 13-17, "FOR~I OF 'NOTICE", TO
CONFORh THE NOTICE OF PUBLIC NUISANCE FORb~ TO THE TIhES
SET FORTH IN SECTION 13-16 OF THE CODE OF ORDINANCES; BY
A~NDING SECTION 13-19, "ABATE~,~ENT BY CITY", '~0 ADD A NEW
SUBSECTION TO PROVIDE FOR NOTICE TO BE SEN~i' TO A PkOPEkTY
OWNER APPRISING THE O%{NER OF THE ESTIMATED COST OF THE
ABATEMENT OF THE NUISANCE AND TO PROVIDE FOR THE CONTENT
OF SUCH NOTICE OF ESTI~ATED COST, AND TO RELE~'TER THE
SUBSECTIONS AND TO MODIFY THE TITLE OF SAID SECTION 13-19
IN ACCORDANCE THEREWITH; TO REPEAL SECTION 13-20, "A~-
SESS~NT OF COST, INTEREST AND ATTORNEY'S FEES; LIEN"; TO
REPEAL SECTION 13-21, "ENFORCEMENT OF ASSESShENT"; TO
ENACT A NEW SECTION 13-20 "NUISANCE ABATEMENT Bib
CEbURE", TO PROVIDE FOR THE PROCEDURES FOR RECEIVING BIDS
FOR THE NUISANCE ABATE~4ENT FROh OUTSIDE PERSONS OR ENTi-
TIES; TO ENACT A NEW SECTION 13-21 "BID SPECIFICATIONS",
TO PROVIDE FOR THE REQUIREhENTS TO BE INCLUDED IN BID
SPECIFICATIONS FOR NUISANCE ABATE~,~ENTS; TO ENACT A NEW
SECTION 13-22, "AWARD OF CONTRACT", TO SET FORTH
PROCEDURES AND REQUIkEhENTS FOR THE AWARD OF THE CONTkACT
TO THE SUCCESSFUL BIDDER; TO ENACT A NEW SECTION 13-23,
"ADVERTISING FOR BIDS", TO PROVIDE THAT BIDS NEED NOT BE
SPECIFICALLY ADVERTISED AND FOR PROCEDURES %'0
COMPETITION; TO ENACT A NEW SECTION 13-24, "PROVISION
pRE-EMPTIVE", TO PROVIDE THAT THE BIDDING AND CONTRACTIN~
PROVISIONS SET FORTH IN THIS ARTICLE ARE TO BE PRE-E~iP-
TIVE OF ALL OTHER BIDDING, PURCHASING O~ CONTRACTING
PROVISIONS OF THIS CODE FOR THE PURPOSES OF THE NUISANCE
ABATEMENT ARTICLE; TO ENACT A NEW SECTION 13-25, "ASSESS-
~NT OF COSTS, INTEREST ~qD ATTORNEY'S FEES; LIEN", TO
PROVIDE FOR THE ASSESSMENT OF COSTS ABOVE SUCH ABATE~'~ENT,
INCLUDING THE COSTS OF INSPECTION ~ND AD~,~INISTRATION,
INTEREST AT THE RATE OF EIGHT PER CENT (8%) PEk ANNUM,
PLUS COLLECTION COSTS ~qD A REASONABLE ATTOP~4EY'S FEE; TO
PROVIDE THAT PAY~]ENT OF SAID ASSESSmeNT BY CITY COUNCIL
SHALL BECO~':E DUE AND PAYABLE THIRTY (30) DAYS AFTER THE
MAILING OF SAID ASSESShENT; PROVIDING FOR THE FILING OF A
LIEN AGAINST THE SUBJECT PROPERTY IF SAID ASSESS[~ENT IS
NOT PAID WITHIN THE THIRTY (30) DAYS AFTER THE ~'~%ILING
DATE OF THE NOTICE OF ASSESShENT; AND PROVIDING FO~ THE
FORM OF SAID NOTICE OF LIEN; TO ENAC~ A NEW SECTION 13-2~
"ENFORCEMENT OF ASSESSMENT", TO PROVIDE THA~ THE CITY
ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW
FORECLOSURE OF THE LIEN IN THE 5~JkNNER PROVIDED BY LAW;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
F~. Perry moved for the adoption of Ordinance No. 75-83 on
First Reading, seconded by 5~. Jackel. Upon roll call Council voted as
follows: 5~. Bird - Yes; ~. Campbell - Yes; ~z. Jackel - Yes; ~.
Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote.
Before roll call, upon question by ~. Campbell, the City
Attorney explained that some of this arose out of the Administration's
concerns relative to shortening the time periods involved in abatin9 the
nuisances. Secondly, to shorten the time period within which the Cit~
went about abating the nuisances by delineating, specifically, in the
ordinances the bid procedures, so that they could go out to b1(1 to have
outside firms perform those abatement tasks. The other portions in the
- 10 - 11/08/~3
ordinance are to specify in the Coae what the bid specs are going to
look like, to provide the manner by which the City would be able to bid
out these projects, aside from what is contained in Chapter 2. It also
amends some of the forms so that you would be notified of the abatement
cost before the work is done and it clarifies procedures.
At this point the roll was called to the motion.
22'. Ordinance No. 82-83 - amendin
Ordinance No 82-83, amending the Charter, Article III, "Legislative"
· ·
Section 3.01, relative to changing the date when the 5~yor ana Council
~embers assume office, is before Council for consideration on First
Reading. If passed, Public Hearing will be held on November 22nd.
The City ~4anager presented Ordinance No. 82-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE
III, "LEGISLATIVE", SECTION 3.01, "COUNCIL-CITY ~a%NAGE~
FOR~ OF GOVERN~ENT; TEP~V~ OF OFFICE; NUhBER; OFFICE~ 05'
VICE-~YOR AND DEPUTY VICE-~AYOR; SUCCESSION TO OFFICe. OF
~YOR", OF THE CITY C~ARTER OF THE CITY OF DEL~AY BEACH,
FLORIDA, TO PROVIDE FOR CHANGING THE DATE ~EN THE ~%YOR
AND COUNCIL hEMBERS TAKE OFFICE FROh THE FIRST hONDaY IN
APRIL TO THE LAST THURSDAY IN ~ARCH FOLLOWING THEIR
ELECTION, OR TO THE LAST FRIDAY IN ~a%RCH SHOULD THL' LA~%T
THURSDAY FALL ON A LEGAL HOLIDAY; PROVIDING A SAVIN~
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
5~. Bird moved for the adoption o~ Ordinance No. ~2-~3 on
First Reading, seconded by ~r. Perry. Upon roll call Council voted as
follows: 5~. Bird - Yes; 5~. Campbell - Yes; 5~. Jackel - Yes; 5~.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 ~ote.
23. Ordinance No. 83-83 - Amendin~ Charter - Qualifyin~ Periods.
Ordinance No. 83-83, amending the Charter, Article III, "LegIslative",
Section 3.03, relative to qualifying periods, is before Council for
consideration on First Reading. If passed Public Hearin9 will be held
on November 22nd.
The City ~anager presented Ordinance No. 83-83:
AN ORDINANCE OF TH~; CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE
III , "LEGISLATIVE" , SECTION 3.03, "QUALIFICATIONS OF
CANDIDATES; CESSATION OF QUALIFICATIONS DURING TENURE;
OA%'H OF OFFICE", 05' THE CITY CHARTER OF THE CITY 05'
DELRAY BEACH, FLORIDA, TO PROVIDE FOR CHANGING THE DA?ES
AND TIMES FOR CANDIDATES FOR OFFICE TO FILE THEIR PETI-
TIONS AS CANDIDATES· AND TO PROVIDE FOR A D~;ADLINL FOR
SUBhISSION OF CANDIDATES' NA~3S TO TH~; SUPERVISOR OF
ELECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC-
TIVE DATE.
The City Attorney read the caption of the ordinance.
~. Bird moved for the adoption o~ Ordinance No. ~3-d3 on
First Reading, seconde~ by 5~. Jackel. bpon roll call Council voted as
~ollows: 5~. Bird - Yes; 5~. Campbell - Yes; ~.~. JacKel - Yes; ~.
Perry - Yes; ~]ayor Young - Yes. Said motion passed with a 5 to 0 vote.
24. Ordinance No. 84-83 - Amendin~ Charter - Fillin~ Vacancies.
Ordinance No. 84-83, amending the Charter, Article III, "Legislative'',
Section 3.06, relative to filling of vacancies· is before Council ~or
consideration on First Reading. If passed· Public Hearin9' will be held
on November 22nd.
- 11 - 11/08/83
The City Manager presented Ordinance No. 84-~3:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY
BEACH, FLORIDA, PROVIDING FOR CHAR?E~ C~ANGES TO A~TICL~
III, "LEGISLATIVE", SECTION 3.06, "VACANCIES; FORFEI~'URE
OF OFFICE; FILLING OF VACANCIES", OF THE CITY C~ARTE~ OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR CH~qG-
ING THE DATES FOR THE TER~IINATION OF TER~S OF APPOINTED
~,~MBER FROM THE FIRST MONDAY IN APRIL TO %'hE LAST T~DRb-
DAY IN F~RC~ FOLLOWING THE NEWi' REGULAR CITY ELECTION, OR
TO THE LAST FRIDAY IN ~ARCH SHOULD THE LAS~ THURSDAY FaLL
ON A LEGAL HOLIDAY; AND FOR CHANGING THE DATES FOR THE
TER~INATION OF THE TE~[~ OF OFFICE ~N THE VICE-5~YOR
SUCCEEDS TO THE OFFICE OF 5~YO~ FROS~ THE FIRS? ~ONDaY iN
APRIL TO THE LAST THURSDAY IN ~LARCH FOLLO%~ING THE NEA'~
REGULAR CITY ELECTION, OR TO THE LAST FRIDAY IN ~RCH
SHOULD THE LAST THURSDAY FALL ON A LEGAL HOLIDAY; PRO-
VIDING A SAVING CLAUSE; PROVIDING ~ EFFECTIVE
The City Attorney read the caption of the ordinance.
5n~. Bird moved for the adoption of Ordinance No. 84-~3 on
First Reading, seconded by 5~. Perry. Upon roll call Council voted as
follows: ~. Bird - Yes; ~. Campbell - Yes; ~. JacKel - Yes; ~.
Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote.
25. Ordinance NO. 85-83'- Amendin~ Code ' Filin~ Dates
Or-~inance No. 85-83, amending Chapter 2 "Administration" Of t~e Co~e
Ordinances relative to filing dates, is before Council for consideration
on First Reading. If passed, Public Hearing will be held on November
22nd.
The City Manager presented Ordinance No. 85-~3:
AN ORDINANCE OF ~HE CITY COUNCIL OF THE CIT~ OF
BEACH , FLORI DA, AMENDING C~APTER 2, "ADhIN I bT ~ATION" ,
ARTICLE II, "ELECTIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH , FLORIDA, BY A~.~ENDING SEC~'ION 2-22
(B), "QUALIFYING AS A CANDIDATE", TO CH~qGE THE DA?ES AND
TI~ES FoR CANDIDATES FOR OFFICE TO FILL. THIE~ PETI?IONb
AS CANDIDATES, AND TO PROVIDE FOR A DkADLINE FOR SUBhI$-
SION OF CANDIDATES' NAS~S TO THE SUPERVISOR OF ELECTIONS;
PROVIDING A SAVING CLAUSE; PROVIDING A1N EFFECTIVE DA?E.
The City Attorney read the caption of the ordinance.
5~. Perry moved ~or the adoption of Ordinance No. ~5-~3 on
First Reading, seconded by 5~. Jackel. Upon roll call Council voted as
follows: ~.~. Bird - Yes; ~. Campbell - Yes; i~. Jackel - Yes; ~.
Perry - Yes; ~ayor Young - Yes. Said motion passed w~th a 5 to 0 vote.
26. Ordinance No. 86-83 - Friedes Annexation. Ordinance No.
86-83, relative to annexing a 2.79-acre parcel o~ land, subject to
(Light Industrial) District, located at the northeast corner o£ the FL.C
Railroad and Linton Boulevard, is before Council ~or consideration on
First Reading. If passed, Public Hearing will be hel~ on December 13tn.
?he City ~'~anager presented Ordinance No. 86-8~:
AN ORDINANCE OF THE CITY COUNCIL OF THE CItY OF DEL~AY
BEACH , FLORIDA, ANNEXING TO THE CITY OF DELRAY ~EACH A
PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTB,
RANGE 43 EAST, %~ICH LAND IS CONTIGUOUS ~O EXI
5]UNICIPAL LI~ITS OF SAID CITY; REDEFINING THE ~OUNDaRIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS ~D OBLIGA?IONS OF SAID LAND; PROVIDING FO~ THE
ZONING THEREOF.
The City Attorney read the caption of the ordinance.
- 12 - 11/U8/~3
Mr. Bird moved for the adoption of Ordinance No. 86-83 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; 5~. Campbell - Yes; ~. Jackel - Yes; i~.
Perry - Yes; hayor Young - Yes. Sai~ motion passed with a 5 to 0 vote.
27. City Hall Additions and Alterations - Chanse Orders~.
C~uncil is to consider approval of change orders.
The City ~nager reported that this includes the various
change orders from #13 on and they are asking Council's approval to
authorize the payment of $13,113.45. They are suggesting a retainage of
$2,000 on the base contract for the minor repairs, ad3ustments and touch
up work which still remains to be done in City Hall. Upon question by
Mayor Young, the City ~anager advised that there are stlil some items
under consideration which are not included in this.
~. Perry asked for an update on the moving expenses. The
City Attorney advised that they submitted to the contractor Change Order
No. 10 which deducted from the contract price the sum of $10,000, which
sum was fixed by the architect as being, in his opinion, a fair sum ~or
the additional cost to the City of moving ahead of schedule, the damage
to the property and the additional rent incurred. To his knowledge, to
this date, the change order has not been signed nor accepted b~ the
contractor. He has received absolutely no further indication personally
as to whether or not he intends to take that step.
Mayor Youn9 stated that at a meetin9 Oetween 5z. ~lair, hr.
Church and himself last week, they considered this issue. It is one of
the items being held in abeyance at the present time. Upon question by
Mr. Bird, ~ayor Young replied that the amount they still owe is greater
than the $10,000.
hr. Jackel ~ved to authorize payment of $13,113.45 to Cox &
Palmer, seconded by 5~. Perry. Said motion passed unanimously.
28. 5~Onument to Korean VeteranS. Resolution No. 102-~3, sup-
porting efforts to have a National ~onument erected in %~ashlngton, L.C.,
honoring Americans who fought in the Korean conflict, is before Council
for consideration.
The City ~]ana~er presented Resolution No. 102-83:
A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA,
SUPPORTING EFFORTS BY LOCAL AND NATIONAL VETERANS G~OUPS,
~'~5~bERS OF CONGRESS AND CITIZENS TO HAVE A NATIONAL ~ONU-
MENT ERECTED IN WASHINGTON, D.C., ~ONORIN~ AP~RICANb WHO
FOUGHT IN THE KOREAN' CONFLICT; PROVIDING FOR FURNISHING OF
COPIES OF THIS RESOLUTION.
(Copy of Resolution No. 102-83 is on file in the official
Resolution Book)
Mr. Perry moved for the adoption of Resolution No. 102-83,
seconded by 5lt. Bird. Upon roll call Council voted as follows: ~.
Bird - Yes; ~r. Campbell - Yes; hr. Jackel - Yes; ~]r. Perry - Yes; hayor
Young - Yes. Said motion passed with a 5 to 0 vote.
5~ayor Young declared the meeting adjourned at 8:20 P.~.
ATTEST: J City
5IA Y'O R
- 13 - 11/08/83
The undersigned is the City Clerk of the City of De lray
Beach and that the information provided herein is the minutes of the
meeting of said City Council of November 8, 1983 which minutes were for-
mally approved and adopted by the City Council on ~, ~ ~ .
City clerk
NOTE TO READER:
If the minutes that ~'ou have received are not completed as indicated
above, then this means that these are not the official minutes o~ City
Council. They will becon~e the official minutes only after they have
been reviewed and approved which may involve some amendments, aG~itlons,
or deletions to the minutes as set forth above.
- 14 - 11/08/~3