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03-09-82 MARCH 9, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Leon M. Weekes in the Council Chambers at City Hall at 7:00 P.M., Tuesday, March 9, 1982. 1. Roll call showed: Present - Council Member James H. Scheifley Council Member Charlotte G. Durante Council Member Malcolm T. Bird Mayor Leon M. Weekes Absent - Council Member Leo A. Blair Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Mayor Weekes. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of February 23, 1982, as individually read, seconded by Mrs. Durante. Said motion passed unanimously. 5.a.1. Mrs. Rita Schaken inquired as to the status of the resident parking situation. The City Attorney advised that he had conversation with Mr. Wolpen of the County Attorney's office who has recently been assigned this task. The change in attorneys had slowed down the progress on this. The County's main concern is that the City be solely liable and that is what the County is researching at the present time. Mayor Weekes added that he is sure that the new Council will continue to pursue this. Mrs. Schaken suggested that, after the legalities are taken care of, the City set up a residents committee to make suggestions for maximization of parking. Mayor Weekes replied that this should be left to the discretion of the incoming Council. The City Attorney advised that he wrote a letter to the County Attorney's office today that asks them specifically to expedite their decision on this matter. 5.a.2. Mr. Sam Portna¥ asked if any progress has been made as to the renaming of the City Park. Mayor Weekes replied that it has been referred to a committee and their report will be forthcoming. Mrs. Elizabeth Matthews stated that Council will receive the report within two days. 5.b.1. Mrs. Durante noted that the Beautification Committee has several vacancies. Although Council asked that Committee to reduce its size, she would like to fill the unexpired term of Dora McRae who re- cently passed away. She advised that Carolyn Stokes, a member of the black community, is very interested in serving on the Beautification Committee. Mrs. Durante moved to appoint Carolyn Stokes to the Beauti- fication Committee to the unexpired term of Dora McRae, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird questioned whether there actually is an opening on that committee and inquired as to the size of the committee. Mayor Weekes advised that Mrs. Nancy Chapman, Chairman, has been requested to come before Council with a formal recommendation from the Beautification Committee and Mrs. Chapman has asked that Council not make a final determination until then. Mr. Bird suggested that they accept Ms. Stokes as the next person to fill a vacancy on the Beautification Com- mittee and wait until they hear from Mrs. Chapman. Mrs. Durante advised that it is very difficult to get someone from the black community to serve on the Beautification Committee and now that they have someone, she would like to see that person appointed. For the record, Mr. Bird stated that Mrs. Chapman should not consider that this action precludes her from making a decision as to the size of the Committee and he requested to have that message communicated to Mrs. Chapman. At this point the roll was called to the motion. 5.b.2. Regarding budget preparation, Mr. Bird requested that the Administration (1) consider an earlier time frame for philosophical discussion of fiscal year 82-83 in order for the Administration to get the opinions of the incoming Council members; and (2) to have available for discussion and study, a list of those department heads whose budget expenditures exceeded their budget allocation last year. Mr. Bird noted that there is a paragraph in their annual budget resolution which states that "without the permission of Council, department heads may not exceed their budget limitations". It is his understanding that there are some that did and he would be interested in their explanations. He suggested a late March or early April time frame for a philosophical budget dis- cussion. The incoming Mayor and Council Members agreed that such a workshop meeting should be held. Mrs. Durante clarified that this would not be an official Council workshop meeting. The City Manager stated that the reason he had scheduled a mid-May workshop session was because by that time they should have some preliminary ideas of revenue estimates and the like. Also, they will have had the advantage of a six month financial report and he will have had time to digest it. With the understanding that this is a philosoph- ical discussion only, he feels that an early workshop, as suggested by Mr. Bird, could be very useful to him as a new City Manager. As to a discussion with department heads on their expenditures, he feels that is a very good suggestion and they will go ahead with it. Mr. Bird re- quested that they have the Finance Director provide Council with print- outs by department. 5.b.3. Mayor Weekes presented and read a proclamation proclaiming the month of March 1982 as "ORT MONTH". Two members of that organiza- tion came forward to accept the proclamation. 5.c. There were no Non-Agenda items by the City Attorney. 5.d. The City Manager noted that the next item on the agenda should be called "agenda approval" and they should have the words "Con- sent Agenda" right before Item 9 of the agenda. 5.e. Mr. Bird moved for adoption of the agenda, seconded by Mrs. Durante. Said motion passed unanimously. PUBLIC HEARINGS 6. Ordinance No. 15-82 - Amend Code - Alarm Systems. Ordinance No. 15-82, amending Chapter 2.5 "Alarm Systems" relative to service charge for excessive alarms and suspension and revocation of permit, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 2 - 03/09/82 The City Manager presented Ordinance No. 15-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2.5 "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", BY AMENDING SECTION 2.5-9, "SERVICE CHARGE FOR EXCESSIVE ALARMS", BY PROVIDING THAT NON-PAYMENT WITHIN 30 DAYS OF NOTIFICATION OF ANY ASSESSED SERVICE FEE IS DECLARED UNLAWFUL AND SHALL BE PUNISHABLE PURSUANT TO SECTION 1-6 OF THE CODE OF ORDINANCES; AND BY AMENDING ARTICLE II, "SELLING, LEASING, SERVICING, ETC.", BY AMENDING SECTION 2.5-24, "SUSPENSION AND REVOCATION OF PERMIT", BY ADDING A NEW SUBSECTION (5) PROVIDING FOR THE POSSIBILITY OF REVOCA- TION OF OR SUSPENSION OF THE PERMITS OF AN ALARM BUSINESS OR ALARM AGENT IF TEN (10) OR MORE EXCESSIVE ALARMS IN ANY ONE MONTH ARE CHARGEABLE TO THAT ALARM BUSINESS OR ALARM AGENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for adoption of Ordinance No. 15-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 18-82 - Amend Code - Internal Audit Committee. Ordinance No. 18-82, amending Chapter 2 "Administration" establishing an Internal Audit Committee, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 18-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW ARTICLE IV, "INTERNAL AUDIT COMMITTEE"; PROVIDING FOR ESTABLISHMENT OF A COMMITTEE TO STUDY, REVIEW AND SUBMIT REPORTS AND RECOMMENDATIONS ON CITY BUDGETS AND VARIOUS FINANCIAL REPORTS AND PROJECTS; PROVIDING FOR ITS COMPOSITION; TERMS OF OFFICE; QUALIFI- CATIONS OF MEMBERS; QUORUMS; VACANCIES, REMOVAL, COMPEN- SATION; PROVIDING FOR SUCH COMMITTEES PROCEDURES AND RECORDS; PROVIDING FOR ASSISTANCE FROM OTHER PERSONS AND BOARDS, AND FOR PUBLIC COMMUNICATION; PROVIDING FOR THE DUTIES AND POWERS OF SAID COMMITTEE; PROVIDING THAT SAID COMMITTEE SHALL BE ADVISORY ONLY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 18-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for adoption of Ordinance No. 18-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 3 - 03/09/82 8. Ordinance No. 19-82 Amending Zoning Ordinance - Parks & Rec- reation Land Dedication. Ordinance No. 19-82, relative to dediCation of park and recreation land to provide for a clarifying cross reference, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 19-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-5, "SINGLE FAMILY DWELLING DISTRICTS", TO ADD A NEW SUBSECTION (O), "PARK AND RECREATION LAND DEDICA- TION'', TO CLARIFY AND CONFIRM THE APPLICABILITY OF SUB- SECTION 30-17 (U), "SUPPLEMENTARY REGULATIONS" AND , CHAPTER 24, ARTICLE III, SECTION 24-36, "PUBLIC SITES", REGARDING THE APPLICABILITY OF SUCH PARK AND RECREATION LAND DEDICATION OR "IN LIEU" PAYMENTS TO SINGLE FAMILY DWELLING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Durante moved for adoption of Ordinance No. 19-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The City Manager pointed out that Items 9, 10 and 23 will require Council action to insert names. Mrs. Durante noted that recom- mended names are given for Items 9 and 10 and she suggested that they only pull item 23 from the Consent Agenda for discussion. The following items are to be considered by Council as the Consent Agenda: 9. Appointments - Board of Adjustment. Council is to consider appointment of a regular member to the Board of Adjustment to the unex- pired term of Delma Swilley ending March 15, 1985; and appointment of two alternate members to terms ending March 15, 1984 and March 15, 1985. The Chairman of the Board of Adjustment has submitted the names of Louis P. Marechal as a regular member; Delma Swilley and John M. Ghent as alternate members. Approval is recommended. 10. Appointment - PERC. Council is to consider appointment of an alternate member to PERC. The Chairman of PERC has submitted the name of G. Robert Fellows to a term ending March 13, 1986. Approval is recommended. 11. Water Main Extension - Lowson Boulevard. Council should consider approval of Change Order No. 1 and final payment to Vicon Con- struction Company in the amount of $56,148.59 for water main extension, Lowson Boulevard (S.W. 10th Street). Council approval is recommended with funding to come from the 1979 Water and Sewer Construction Account. 12. Resolution No. 19-82 - Sanitary Sewers and Water Utilities in Lakeside Subdivision. Resolution No. 19-82, accepting sanitary sewers and water utilities as operational, is before Council for con- sideration. Approval is recommended. - 4 - 03/09/82 The caption of Resolution No. 19-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN LAKESIDE SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 15 AND 16 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 19-82 is on file in the official Resolution Book) 13. Resolution No. 20-82 - Sanitary Sewers and Water Utilities in The Landings Subdivision. Resolution No. 20-82, accepting sanitary sewers and water utilities as operational, is before Council for con- sideration. Approval is recommended. The caption of Resolution No. 20-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN THE LANDINGS SUBDIVISION, AS RECORDED IN PLAT BOOK 42, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 20-82 is on file in the official Resolution Book) 14. Zoning Ordinance Amendment - Parking Requirements for Res- taurants, Etc. The Planning & Zoning Board, at a meeting held on Febru- ary 23, 1982, recommended by unanimous vote that Section 30-18(F)(5)(cc) "Off-Street Parking Regulations" be amended relative to requiring the provision of parking spaces for any outside area used as an extension of a restaurant, cafe, snack shop, night club, bar and lounge. It is recommended that Council instruct the City Attorney to prepare an ordi- nance effecting the amendment. 15. Zoning Ordinance Amendment - Special Setback Provisions. The Planning & Zoning Board, at a meeting held on February 23, 1982, recommended by unanimous vote that Section 30-16(F) "Special Setback Provisions" be amended relative to correcting conflicting requirements for building setbacks along West Atlantic Avenue between Swinton Avenue and the 1-95 Interchange. It is recommended that Council instruct the City Attorney to prepare an ordinance effecting the amendment. 16. Alley Abandonment - Block 84 (Ocean City Lumber Company). The Planning & Zoning Board, at a meeting held February 22, 1982, recom- mended by unanimous vote abandonment of the south 144 feet of the north- south alley located in Block 84, north of Atlantic Avenue, between N.E. 2nd Avenue and the FEC Railroad. The alley was abandoned years ago, but was not properly recorded. It is recommended that Council direct the City Attorney to draft the resolution. 17. Final Plat Approval - Domaine Delray. The Planning and Zoning Board recommended by unanimous vote approval of the final plat for Domaine Delray, located on the east side of Federal Highway between Linton Boulevard and S.E. 10th Street, subject to: a. City Engineer's memorandum of February 22nd. b. Acting Director of Public Utilities' memorandum of February 22nd. - 5 - 03/09/82 c. That the sum of $500 per dwelling unit be paid to the City as payment in lieu of the Park and Recreation Land Dedication requirement. Approval is recommended. 18. Curb Cut Agreement. Funding and administration of Community Development Block Grant (CDBG) projects between the City and Palm Beach County for curb cuts along Atlantic Avenue which are designed to elimi- nate architectural barriers to the handicapped is before Council for consideration. It is recommended that Council authorize execution of the agreement. 19. Resource Recovery Feasibility Study: Final Phase. The participating municipalities of West Palm Beach, Boca Raton, Delray Beach and Boynton Beach, must authorize the Resource Recovery Feasi- bility Study as the funding distribution of the study may be affected. It is recommended that Council authorize the consultant to proceed with the completion of the study. 20. Concession Building - Miller Park. Change Order No. 1 increasing the contract price by $4,445.00 for a total of $48,065.00 with funding to come from the Florida Power & Light excess reserve funds is before Council for consideration. The change was made to meet re- quirements of the Community Appearance Board. Approval is recommended. 21. Solid Waste Collection. It is recommended that Council reject the bids. 22. Construction of Sanitation Building at Public Works Yard. It is recommended that Council authorize construction of Building No. 3 in the amount of $57,000.00 as set forth in Article 4 of the contract between the parties. 24. Quiet Title Action Relative to City Cemetery Property. It is recommended that Council authorize the City Attorney to institute the appropriate action to quiet the title to Unit B of the City Cemetery. Mr. Bird moved for adoption of the Consent Agenda with the exception of Item 23, and with Items 9 and 10 to be the recommendations as shown on the agenda, seconded by Mrs. Durante. Said motion passed unanimously. It was the consensus of Council to remove Item 23 from the Consent Agenda for discussion and to break it down into two parts, 23.a. and 23.b. 23.a. Clean Community System. Council is to consider authorizing the City Manager to apply for certification and transfer of $3,000.00 from the General Fund Contingency Account to the Public Works budget for application fee, travel and materials . Mr. Bird moved to authorize the City Manager to move $3,000 from the General Fund Contingency to Public Works for the Clean Commu- nity System program, seconded by Mr. Scheifley. Said motion passed unanimously. 23.b. Council is to consider the appointment of Clean Community System team members. The project team must consist of at least three members; one from municipal government, one from business/industry or labor and one from a civic organization. The City Manager advised that he will attend the workshop only as an observer. He expects to appoint Mr. Bartholomew or Mr. Gance of his staff as one team member and Leon M. Weekes has been recommended as another team member. Mr. Bird suggested that Mr. Ken Ellingsworth be considered as the third team member. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Scheifley took the chair. - 6 - 03/09/82 Mr. Bird moved to appoint Mr. Ken Ellingsworth or his desig- nee, Mr. Leon M. Weekes or his designee, and the City Manager or his designee, as the initial team members for the Clean Community System, seconded by Mrs. Durante. Said motion passed unanimously. Mrs. Durante stated that she would like to attend the semi- nar in Pensacola on March 29th and 30th. Vice-Mayor Scheifley advised that it can be handled administratively. Mayor Weekes returned to the Council Chambers at this time. REGULAR AGENDA 25. Ordinance No. 20-82 - Amend Code - Lot Cleaning. Ordinance No. 20-82, amending Chapter 13 "Health and Sanitation" relative to lot cleaning, is before Council for consideration on First Reading. If passed, Second and FINAL Reading and public hearing will be held on March 23rd. The City Manager presented Ordinance No. 20-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANI- TATION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 13-12(b) AND 13-13, AND ENACTING A NEW SECTION 13-13, "WEEDS, TRASH, CERTAIN VEGETATION, ETC. DECLARED A PUBLIC NUISANCE", WHICH DECLARES A PUBLIC NUISANCE THE EXISTENCE OF WEEDS, TRASH, GARBAGE, ETC., AND CERTAIN VEGETATION WHICH IMPEDES OR INTERFERES WITH TRAFFIC SAFETY, ON ANY PARCEL OF LAND IN THE CITY, AND REQUIRING OWNERS OF SUCH PARCELS OF LAND IN THE CITY TO KEEP THEIR PROPERTY FREE OF SUCH NUISANCES AT THEIR EXPENSE; BY REPEALING SECTION 13-16, AND ENACTING A NEW SECTION 13-16 "DESIGNATION OF ENFORCEMENT OFFICER; NOTICE OF VIOLATION REQUIRED; CONTENT OF SUCH NOTICE", TO PROVIDE FOR THE DESIGNATION OF THE CITY MANAGER OR HIS REPRESENTATIVE AS THE ENFORCEMENT OFFICER, AND TO PROVIDE FOR THE MANNER AND CONTENT OF A NOTICE OF PUBLIC NUI- SANCE; BY REPEALING SECTION 13-17 AND ENACTING A NEW SECTION 13-17, "FORM OF NOTICE", TO PROVIDE FOR THE FORM OF THE NOTICE OF PUBLIC NUISANCE; BY REPEALING SECTION 13-18 AND ENACTING A NEW SECTION 13-18, "HEARING", TO PROVIDE FOR THE RIGHT OF A HEARING BEFORE A THREE (3) PERSON BOARD AND FOR THE ISSUES TO BE DETERMINED AT SUCH HEARING; BY REPEALING SECTION 13-19 AND ENACTING A NEW SECTION 13-19, "ABATEMENT BY THE CITY", TO PROVIDE FOR ABATEMENT OF THE PUBLIC NUISANCE BY THE CITY IF THE OWNER DOES NOT REQUEST A HEARING AND ABATE THE NUISANCE OR ABATE THE PUBLIC NUISANCE WITHIN FIVE (5) DAYS AFTER AN ADVERSE DECISION OF THE BOARD, AND FOR THE PLACING OF A LIEN FOR THE UNPAID COSTS OF SUCH ABATEMENT, INCLUDING THE COSTS OF INSPECTION AND ADMINISTRATION; BY AMENDING SECTION 13-20, "ASSESSMENT OF COSTS, INTEREST AND ATTOR- NEY'S FEES; LIEN", TO INCLUDE COSTS OF INSPECTION AND ADMINISTRATION IN THE COST OF ABATEMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Durante moved for adoption of Ordinance No. 20-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mayor Weekes stated that some members of the public feel that this ordinance may not be legal and added that there will probably be more discussion about that at the public hearing. At this point the roll was called to the motion. - 7 - 03/09/82 26. Ordinance No. 21-82 - Amend Code - Solicitors and Peddlers. Ordinance No. 21-82, amending Chapter 22 "Solicitors and Peddlers" rela- tive to eligibility for permit, action by Council on application and allocation of funds, is before Council for consideration on First Read- ing. If passed, Second and Final Reading and public hearing will be held on March 23rd. The City Manager presented Ordinance No. 21-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, "SOLICITORS AND PEDDLERS", ARTICLE III "CHARITABLE SOLICITATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 22-49 "ELIGIBILITY FOR PERMIT" TO ELIMINATE THE REQUIREMENT THAT THE ACTIVE SUPERVISOR OF A DRIVE BE A RESIDENT OF THE CITY; REPEALING SECTION 22-52 AND ENACTING A NEW SECTION 22-52 "ACTION BY COUNCIL ON APPLICATION"; AMENDING SECTION 22-58 "ALLOCATION OF FUNDS; EFFECT UPON ISSUANCE OF PERMITS"; TO PROVIDE FOR AN EXCEPTION TO ITS TERMS UPON A SHOWING THAT THE FAILURE TO MEET ITS TERMS IS NOT UNREASONABLE, AND TO ELIMINATE PROVISIONS FOR CITY COUNCIL ENDORSEMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 21-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 27. Ordinance No. 22-82 - Amend Code Solicitors and Peddlers. Ordinance No. 22-82, amending Chapter 22 "Solicitators and Peddlers" relative to information published and permit duration, is before Council for consideration on First Reading. If passed, the public hearing will be held on March 23rd. The City Manager presented Ordinance No. 22-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, SOLICITORS AND PEDDLERS", ARTICLE III "CHARITABLE SOLICITATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 22-51 "INFORMATION IN APPLICATION TO BE PUBLIC AND PUBLISHED" TO PROVIDE ALTERNATIVES IF THE ORGANIZATION SHOWS THAT THE COST OF PUBLISHING A NEWS- PAPER ADVERTISEMENT IS BEYOND ITS FINANCIAL CAPACITY; AMENDING SECTION 22-53 "PERMIT DURATION" TO PERMIT A SOLICITATION TO EXTEND UP TO FOUR WEEKS BEYOND A TWO WEEK PERIOD UPON A SHOWING THAT A TWO WEEK PERIOD IS INSUFFI- CIENT; AMENDING SECTION 22-54 "OVERLAPPING DRIVES; EX- CEEDING DURATION"; AMENDING SECTION 22-58 "ALLOCATION OF FUNDS; EFFECT UPON ISSUANCE OF PERMITS" TO PROVIDE FOR AN EXCEPTION TO ITS TERMS UPON A SHOWING THAT THE FAILURE TO MEET ITS TERMS IS NOT UNREASONABLE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 22-82 on First Reading seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 28. Ordinance No. 23-82 - Amend Code -Water Rates. Ordinance No. 23-82, amending Chapter 29 "Water and Sewers", Article II "Water Service" relative to increasing water rates, is before Council for con- sideration on First Reading. If passed, public hearing will be held on March 23. - 8 - 03/09/82 The City Manager presented Ordinance No. 23-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 1, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING DIVISION 1, "GENERALLY", AND EN- ACTING A NEW DIVISION 1, "GENERALLY"; PROVIDING FOR MINIMUM SIZE OF WATER METERS; PROVIDING FOR METER IN- STALLATION CHARGES FOR INSIDE AND OUTSIDE THE CITY; PROVIDING FOR WATER CONNECTION CHARGES, EXCEPTIONS TO SUCH CHARGES; AND FOR CHARGES TO USERS OUTSIDE THE CITY; PROVIDING FOR TAPPING CHARGES AND DEPOSITS FOR TEMPORARY USE; PROVIDING FOR DEPOSITS AND CHARGES FOR USE OF WATER FROM FIRE HYDRANTS; PROVIDING FOR WATER SERVICE RATES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CUSTOMER, CAPACITY AND COMMODITY CHARGES; PROVIDING FOR DEFINITIONS OF RESIDENTIAL DWELLING UNITS AND OF SUCH CUSTOMER, CAPACITY AND COMMODITY CHARGES; PROVIDING FOR CHARGES WHEN BOTH RESIDENTIAL AND NONRESIDENTIAL USERS ARE ON THE SAME METER; PROVIDING FOR ANNUAL CHARGES FOR FIRE HYDRANT RENTAL, AND FOR STANDPIPE AND SPRINKLER SYSTEMS; PROVID- ING FOR THE CHARGING OF CUSTOMER AND CAPACITY CHARGES AS LONG AS THE METER IS INSTALLED, REGARDLESS OF WHETHER TURNED ON OR OFF, AND WITHOUT REGARD TO USAGE; PROVIDING FOR DEPOSITS TO GUARANTEE PAYMENT FOR USERS BOTH INSIDE AND OUTSIDE THE CITY; PROVIDING FOR TURNING ON OF SERVICE AND CHARGES FOR SUCH TURNING ON OF SERVICE; PROVIDING FOR BILLS TO BE RENDERED MONTHLY AND TO BE DUE AND PAYABLE FORTHWITH; PROVIDING FOR PROCEDURES AND NOTICES FOR WHEN BILLS DELINQUENT AND FOR DISCONTINUING SERVICE; PROVIDING FOR DISCONTINUING SERVICE AND FOR THE CONTINUANCE OF BILLS DURING TEMPORARY CUT-OFFS; PROVIDING FOR RESPONSI- BILITY OF PROPERTY OWNER FOR ALL CHARGES FOR WATER USE AGAINST THAT PROPERTY; PROVIDING FOR RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY; PROVIDING FOR REMOVAL OF METERS WHEN SERVICE DISCONTINUED AND FOR CONTINUED BILLING FOR CUSTOMER AND CAPACITY CHARGES FOR METERS REMOVED LESS THAN TWELVE (12) MONTHS; PROVIDING FOR SERVICE CHARGES FOR AFTER HOUR CALLS; PROVIDING FOR TESTING OF METERS AND CHARGES FOR SAME; PROVIDING FOR MULTIPLE CONNECTIONS THROUGH ONE METER; PROVIDING FOR MAKING UNLAWFUL TAMPERING WITH OR DAMAGING EQUIPMENT; PROVIDING FOR PRIMA FACIE EVIDENCE OF VIOLATION; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 23-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 24-82 - Amend Code - Sewer Rates. Ordinance No. 24-82, amending Chapter 29 "Water and Sewers", Article III "Sewers and Sewage Disposal" relative to increasing sewer rates, is before Council for consideration on First Reading. If passed, public hearing will be held on March 23rd. The City Manager presented Ordinance No. 24-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE III, "SEWERS AND SEWAGE DISPOSAL", DIVISION 1, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING DIVISION 1, "GENERAL- LY'', AND ENACTING A NEW DIVISION 1, "GENERALLY", PROVID- ING FOR THE REQUIREMENT FOR CONNECTING TO PUBLIC SEWERS; PROVIDING FOR THE COST FOR ADDITIONAL SEWER TAP CONNEC- TIONS; PROVIDING FOR AND SETTING SEWER CONNECTION CHARGES - 9 - 03/09/82 FOR USERS INSIDE AND OUTSIDE THE CITY, AND THE APPLICA- TION OF SUCH CHARGES; PROVIDING FOR EXCEPTIONS TO SUCH SEWER CONNECTION CHARGES; PROVIDING FOR ABANDONMENT OF DAMAGED SEPTIC TANKS OR GREASE TRAPS; PROVIDING FOR RATES AND CHARGES TO BE COLLECTED FROM USERS, BOTH INSIDE AND OUTSIDE THE CITY, OF THE CITY'S SEWERAGE SYSTEM, BASED ON CERTAIN CUSTOMER, CAPACITY AND COMMODITY CHARGES FOR RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL UNITS; PRO- VIDING DEFINITIONS FOR SUCH CHARGES, DETERMINATION OF SEWERAGE FLOW AND EFFECTIVE DATE FOR SUCH CHARGES; PRO- VIDING FOR THE TIME AND METHOD OF PAYMENT OF SERVICE CHARGES AND THAT THE OWNER OF THE PROPERTY BEING SERVICED IS RESPONSIBLE FOR SUCH CHARGES; PROVIDING FOR PROHIBIT- ING FREE SERVICE; PROVIDING FOR CHARGES TO BE YEAR-ROUND; PROVIDING FOR MAKING UNLAWFUL ANY UNAUTHORIZED OPENING OR ALTERING OF PUBLIC SEWERS; PROVIDING FOR PROHIBITING CERTAIN WASTES; PROVIDING FOR WHEN GREASE TRAPS PERMIT- TED; PROVIDING FOR LIABILITY FOR DAMAGES CAUSED BY VIO- LATION; PROVIDING FOR AUTHORITY OF INSPECTORS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Samuel G. Coleman, Chairman of Pines of Delray Financial Advisory Board, stated that their maintenance cost has increased con- siderably over the years and this water and sewer increase would be a great hardship to the people. He asked if consideration has been given to earning the money needed over a longer period of time. The City Manager stated that, in his opinion, 18 months is a considerable length of time before they will be able to get the fund back into balance. He feels it is the longest pay back period they could judge as prudent. Mr. Coleman noted that their development has 117 meters and suggested that the City bill them quarterly instead of monthly in order to save time and money. They would be willing to issue a bond to guar- antee the payment. Mayor Weekes asked the City Manager to look into the pos- sibility of quarterly billing for condominiums. Mr. Bird moved for adoption of Ordinance No. 24-82 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes declared the meeting adjourned at 7:50 P.M. · / City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of March 9, 1982, which minutes were for- mally approved and adopted by the City Council on ,~~ - ~ City Clerk ' NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 10 - 03/09/82