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03-23-82 MARCH 23 2982 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 23, 1982. 1. Roll call showed: Present - Council Member James H. Scheifley Council Member Charlotte G. Durante Council Member Leo A. Blair CoUncil Member Malcolm T. Bird Mayor Leon M. Weekes Absent - None 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 the regular meeting of March 9, 1982 and the special meeting of March 4, 1982, as individually read, seconded by Mr. Scheifley. Said motion passed unani- mously. 5.a.1. Mrs. Rita Schaken suggested that the City form a Citizens Committee to deal with beach parking and beach conditions. She inquired about meter revenue and the house on Ingraham Avenue next to Sandoway Park. Mayor Weekes advised Mrs. Schaken to present her suggestion to Mr. Young, incoming Mayor. As to the house on Ingraham Avenue, Mayor Weekes suggested that the administration research the records, and if Council did direct that the house be taken down, see that the job gets done. Regarding meter revenues, the City Manager stated that he is not comfortable with the projection they have now as it looks like they will be a little under budget; however, they will know more next month when they get the six month financial report. Mayor Weekes advised the City Manager that he feels the public should be made aware of that informa- tion when it is available. 5.a.2. Jody Marshall, Manager of Mobile Communications and RCC, spoke in response to comments brought up at the last meeting by Mr. Strickland of Leadership. She stated that her company can only perform as well as their clients will let them. They answer 360 calls per month after hours for one particular client and they can never reach anyone on the beeper or in that office because their phones are off the hook. The client then says that her company is not performing adequate service. Mayor Weekes stated that it might be helpful if the City Manager had conversation with Mr. Strickland to set the record straight and to express to him the fact that they should maintain communication in case of outages that occur at night. Mrs. Durante stated that she didn't know the source of the problem; however, she was the one who asked Leadership to answer to the public through Council as to how they were responding to calls for outages. She noted that at the last meeting Mr. Strickland indicated that the answering service was at fault and she thanked Ms. Marshall for coming forward to clear that up. 5.b.1. Mr. Bird stated that he has a request from one of the presi- dents of High Point that Item 35, First Reading of Ordinance No. 26-82, be removed from the agenda for two weeks so they can have some addi- tional discussion with City staff. Mr. Blair moved that Item 35 be removed from the agenda for two weeks, seconded by Mrs. Durante. Said motion passed unanimously. 5.b.2. Mr. Bird reported that there is concern about the City's residual interest in the American Legion Field and he recommends that the letter to Mr. Samuel Solomon, commander of Milton-Myers Post #65, be authorized and approved by Council. (See attached letter). Mr. Bird moved to authorize and approve the letter to Mr. Solomon, seconded by Mr. Blair. Said motion passed unanimously. 5.b.3. Mr. Bird referred to an article in the newspaper regarding City involvement in ambulance service and advised that the Council meeting scheduled for early next month will be the appropriate time for discussion of it. Mr. Bird stated, for the record, he still prefers private enterprise when it can do the job efficiently for citizens. 5.b.4. Mayor Weekes introduced his family at this time. 5.b.5. Mayor Weekes presented and read a proclamation proclaiming March 23, 1982 as "Shane Miller Day". Mayor Weekes noted that this particular proclamation gives him a great deal of pleasure because it recognizes a young man who exhibited exemplary presence of mind and courage in saving his brother's life. Shane Miller and his family came forward to accept the proclamation. 5.b.6. Mayor Weekes presented and read a proclamation declaring the fourth Sunday of April as "Arbor Day". Mrs. Nancy Chapman, President of the Beautification Committee, came forward to accept the proclamation. 5.c.1. The City Attorney reported that due to the fact they are running out of space at the City Cemetery and will have to move into the unused section soon, they recommend that Council make a motion to (1) authorize that a lawsuit be instituted to quiet title in order to per- fect the City's title to that section in controversy and (2) to retain the services of Cassedy Sumrall of Delray Beach to represent the City in that action at the rate of $75.00 per hour. Mr. Bird moved for approval of the City Attorney's recom- mendation, seconded by Mr. Blair. Said motion passed unanimously. 5.d.1. The City Manager reported on the status of 8th Street and the bridge. He stated that it is currently under the administration of Florida DOT but would be coming to the City's control, ownership and responsibility on July 1st. Yesterday he and the City Engineer met with Mr. Allison of DOT who informed them that they can file an administra- tive appeal under Florida Statutes 120. The administration is preparing that and will keep Council advised. 5.d.2. The City Manager reported that they intend to schedule the meeting with the new City Council, which was requested by Mr. Bird, for either the 5th or 6th of April as they were unable to schedule it for this month. 5.d.3. The City Manager advised that he will be attending the Clean Community workshop in Pensacola on the 29th and 30th of March and will designate David Huddleston, Finance Director, as Acting City Manager for those two days. 6. Agenda Approval Item 17. Warranty Deed - Namil Corporation. Mayor Weekes stated that Item 17 of the Consent Agenda deals only with the exchange of the War- ranty Deed and he believes it was also Council's intent to reimburse Mr. Miller for his out-of-pocket expenses in connection with the exchange of property. He advised that Mr. Miller has sent a resume of those ex- penses and he suggested that Council consider authorizing reimbursement; he feels the matter should be dealt with tonight. Mr. Bird moved to authorize reimbursement subject to a review by the City Manager and City Attorney of the expenses submitted, seconded by Mr. Blair. Said motion passed unanimously. - 2 - 03/23/82 Mr. Bird requested that Item 28 be pulled from the Consent Agenda and be made the first item of the regular agenda. Mr. Bird moved to approve the agenda as amended, seconded by Mrs. Durante. Said motion passed unanimously. The City Manager advised that on Item 18 of the Consent Agenda, a phrase should be added to the last sentence stating "if the formula is maintained as recommended in the report". PUBLIC HEARINGS 7. 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 Second and FINAL Read- ing. 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. 20-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANIT- ATION'', 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. (Copy of Ordinance No. 20-82 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. Mr. Bird moved for adoption of Ordinance No. 20-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 3 - 03/23/82 Before roll call, upon question by Mayor Weekes, the City Attorney replied that there is basically no Florida case on point; however, there are some New York cases which indeed support the position that the City can declare the litter of private property to be a public nuisance. He feels confident that there is reasonable argument on their side. He noted that the legal periodicals state that a person ought not to be civilly liable for a nuisance on his property, which he did not create, just because he is the owner of the property; however, those periodicals do not cite any case law to support that statement. At this point the roll was called to the motion. 8. 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 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. 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. (Copy of Ordinance No. 21-82 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. Mr. Bird moved for adoption of Ordinance No. 21-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 22-82 - Amend Code - Solicitors and Peddlers. Ordinance No. 22-82, amending Chapter 22 "Solicitors and Peddlers" rela- tive to information published and permit duration, 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. 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 - 4 - 03/23/82 PERIOD UPON A SHOWING THAT A TWO WEEK PERIOD IS INSUF- FICIENT; AMENDING SECTION 22-54 "OVERLAPPING DRIVES; EXCEEDING 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. (Copy of Ordinance No. 22-82 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 the adoption of Ordinance No. 22-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 10. 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 consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 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 ENACT- ING A NEW DIVISION 1, "GENERALLY"; PROVIDING FOR MINIMUM SIZE OF WATER METERS; PROVIDING FOR METER INSTALLATION 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 TAP- PING 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 - $ - 03/23/82 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. (Copy of Ordinance No. 23-82 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. Mr. Sam Schwimer, Pines of Delray, urged Council and the Administration to research the history of the situation to find out what happened, why it happened and what can be done to correct the situation so that it will never happen again. Tony Jettinghoff, 926 Bolender Drive, spoke in opposition of the ordinance and suggested that the City look into better efficiency in the Utilities Department. Mr. Hugh Delfs, High Point, stated that what bothers the citizens most is that over the past ten years the rate increases have been very insignificant and suddenly they are getting hit with an enor- mous one. It is inconceivable to him that this situation could have gone on so long without someone knowing about it. He thanked the out- going Council members for their dedicated service and noted that he does not hold them personally responsible for the situation; however, he urges the City to establish a better accounting system. Mayor Weekes stated that he hopes the termination of their former Utilities Director was a step in the right direction. Mr. Tom Hanlon, 72½ S.E. 6th Avenue, stated that the public spoke in a loud voice by electing a new majority of Council and he feels that what is occurring this evening is the result of many years of inept and incompetent Council action. He cited some of the negative issues which this Council presented to the public: (1) incompetence of depart- ment heads which resulted in loss of inventory, sale of City property and payment for non-worked overtime; (2) many City departments exceeding their yearly budgets by 5% to 8%; (3) a tremendous increase in garbage collection rates; and (4) a loss of ¼ million dollars in the Water and Sewer fund which resulted in an illegal transfer of funds finally re- sulting in an astronomical increase in water and sewer rates. Mr. Hanlon criticized City Council for its obsequious display in allowing the former City Manager to exercise dictatorial power and he feels that this intolerable situation is what left the City with a mass of finan- cial problems and citizen dissatisfaction. He hopes that the new City Council and new City Manager will learn some lessons from those mistakes and that the public, through increased interest and participation, will demand and force this new leadership team to strive for new visions and for dedication and integrity among all departments and employees. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 23-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 11. 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 Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 6 - 03/23/82 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, "GENER- ALLY'', AND ENACTING A NEW DIVISION 1, "GENERALLY", PRO- VIDING FOR THE REQUIREMENT FOR CONNECTING TO PUBLIC SEWERS; PROVIDING FOR THE COST FOR ADDITIONAL SEWER TAP CONNECTIONS; PROVIDING FOR AND SETTING SEWER CONNECTION CHARGES FOR USERS INSIDE AND OUTSIDE THE CITY, AND THE APPLICATION 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 PER- MITTED; PROVIDING FOR LIABILITY FOR DAMAGES CAUSED BY VIOLATION; PROVIDING FOR AUTHORITY OF INSPECTORS; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 24-82 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. Samuel G. Coleman, Chairman of the Pines of Delray Fiscal Committee, advised that as a result of a meeting held last week, the City Manager has arranged that a survey be made to determine whether the pipes can be hooked up so that Pines of Delray can have one meter in- stead of 117, which, if it can be done, will save them thousands of dollars a year. He thanked the City Manager on behalf of all the resi- dents of Pines of Delray. Mrs. Rita Schaken inquired as to whether the proposed rates are permanent or interim rates and asked if there is any possibility of the rates going down after the deficit has been taken care of. The City Manager replied that the way in which the formula is written, there is the possibility that the rates could go down after the deficit is recouped; however, he does not want anyone to interpret that as a commitment. They will certainly reduce the rates if they can. Mrs. Schaken also asked if consideration has been given to quarterly billing, which, as they understand it, would save the City and the residents some money. The City Manager advised that he is not ready to report on this issue; there are many complicating factors involved and the admini- stration will be looking into it further as there is the possibility that they could use it in some circumstances. According to their for- mula, the billing cost to the City is about $2.22 per meter; however, he does not want to give the impression that there would be a great savings from quarterly billing. - 7 - 03/23/82 Mr. Jack Kellerman, High Point, stated that it is his under- standing that the sewer charges are based on the meter readings for the water. If that is the case, he feels they are being charged for a service which they're not getting because about 40% of their water is used for sprinklers. They have 74 meters at the present time and if there is a simple method of hooking up one meter, that would relieve them greatly. Mayor Weekes replied that if Pines of Delray can be put on one meter, he sees no reason why High Point could not; however, that is a matter that the administration will have to work out. Regarding the billing for sewer service, Mayor Weekes explained that it is a percent- age of the water charge but there is a maximum on the amount of water usage that is charged as sewer. He suggested that Mr. Kellerman meet with the administration for answers to any other questions about bill- ing. Mr. Joseph Bell, 140 Venetian Drive, spoke in opposition of one meter for condominiums. He feels that if one meter serves a large number of users, some people will take advantage and use excessive amounts of water. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 24-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - 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: 12. Purchase - Hydraulic Sweeper. It is recommended that Coun- cil authorize the purchase of a hydraulic sweeper from the low bidder, Degens Turf & Garden, in the amount of $3,462.03. The hydraulic sweeper is to be used by the Parks & Recreation Department for bike paths. $5,000.00 was transferred from the General Fund Contingency Account at the November 24, 1981 meeting for cleaning and maintenance of bike paths. 13. Agreement - Software for the Computer System at the Police Dgpartment. It is recommended that Council approve and authorize execu- tion of a license agreement between the Cities of Delray Beach and Boynton Beach. 14. Force Main 80. Change Order No. 1 decreasing the contract price by $5,040.00 for a total of $367,979.00 is before Council for consideration. The Change Order involves substitution of PVC (plastic) pipe in lieu of clay pipe for the gravity interceptor portion of the project. Approval is recommended. 15. Request for Solicitation of Funds - Delra¥ Beach National Little League. A communication has been received from Delray Beach Little League requesting permission to solicit funds on April 3, 1982. Approval is recommended. 16. Request for Fence Installation - Palm Trail Place Condominium. It is recommended that Council reverse the decision of the Community Appearance Board and approve installation of the fence as requested. 17. Warranty Deed - Namil Corporation. Council is to consider the conveyance of a tract of land on Homewood Boulevard and Atlantic Avenue to Namil Corporation in exchange for the conveyance of Lots 2, 3 and 4, Golfview Estates, from Namil Corporation to the City. It is recommended that Council authorize execution of the warranty deed. (See Item 6). - 8 - 03/23/82 18. Funding for Sludge Conditioning & Stabilization - Sewage Treatment Plant. The City's estimated share of the sludge conditioning and stabilization project is $472,708.10. Council approval is recom- mended with funding to come from the Water and Sewer Fund, with interim financing as follows: $200,000 from the Water and Sewer Fund reserve for renewal and replacement; $272,708.10 to be advanced from the reserve balance in the self-insurance fund. The proposed rate increase should provide for repayment of both reserves by September, 1983 if the formula is maintained as recommended in the report. 19. Contract - Sludge Conditioning & Stabilization - Sewage Treat ment Plant. The South Central Regional Wastewater Treatment & Disposal Board, at their meeting on March 17th, approved award of the contract to Lanzo Construction Company, Pompano Beach, in the amount of $945,416.20. The City's share is $472,708.10. Action of the Board requires ratifica- tion of the Cities of Delray Beach and Boynton Beach. Approval is recommended. 20. Professional Services - Sewage Treatment Plant. Council is to consider authorizing the professional services of Russell & Axon for construction of the sludge conditioning and stabilization project. Ser- vices of Russell & Axon were approved at the SCRWTD Board meeting on March 17th. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. Approval is recommended. 21. Contract - Grit Disposal - Sewage Treatment Plant. Council is to consider a four year contract with HES Transport, Inc. for loading and offsite disposal of grit from the Sewage Plant's grit hopper. Award of the contract was approved at the SCRWTD Board meeting on March 17th. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. Approval is recommended. 22. Unified Planning Work Program - Area Planning Board Metro- politan Clearing House Review. It is recommended that Council concur with the City Manager's letter of March 15th. 23. Reversing Administrative Determination that a Nuisance Exists. Resolution No. 21-82, reversing the administrative determination, based upon the current language set forth in Section 13-12 of the Code of Ordinances, that a nuisance exists relative to the Alexander S. Eassa property located at 1101 and 1127 West Atlantic Avenue, is before Coun- cil for consideration. Approval is recommended. The caption of Resolution No. 21-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REVERSING THE ADMINISTRATIVE DETERMINA- TION BASED UPON THE CURRENT LANGUAGE SET FORTH IN SEC- TION 13-12 OF THE CODE OF ORDINANCES THAT A NUISANCE EXISTS IN VIOLATION OF SECTION 13-12 AND SECTION 13-13 OF THE CODE OF ORDINANCES IN REGARD TO THE ALEXANDER S. EASSA PROPERTY LOCATED AT 1101 WEST ATLANTIC AVENUE AND 1127 WEST ATLANTIC AVENUE; THE VIOLATION BEING AN ACCUMU- LATION OF BOTTLES, TRASH AND LITTER ON THE PROPERTY. (Copy of Resolution No. 21-82 is on file in the official Resolution Book) 24. Contract - Sea Oats Project. Resolution No. 22-82, awarding a contract for revegetation of the dune, beach planting-sea oats project to the low bidder, Grow Brothers, Inc. in the amount of $11,880.00 with funding to come from the Beach Restoration Fund, is before Council for consideration. It is recommended that Council adopt the Resolution and authorize execution of the contract. The caption of Resolution No. 22-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR REVEGETATION OF THE DUNE, BEACH PLANTING-SEA OATS PROJECT, PROJECT NO. 08-03-81-DB IN THE CITY OF DELRAY BEACH; PROVIDING WAIVER OF PERFORMANCE BOND. - 9 - 03/23/82 (Copy of Resolution No. 22-82 is on file in the official Resolution Book) 25. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 23-82, accepting all the sanitary sewers and water utilities in Old Harbor Plaza, is before Council for consideration. Approval is recom- mended. The caption of Resolution No. 23-82 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 OLD HARBOR PLAZA, AS RE- CORDED IN PLAT BOOK 42, PAGE 60 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. 23-82 is on file in the official Resolution Book) 26. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 24-82, accepting all the sanitary sewers and water utilities in Moore's Landing, is before Council for consideration. Approval is recommended. The caption of Resolution No. 24-82 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 MOORE'S LANDING AS RECORDED IN PLAT BOOK 42, PAGE 72 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DIS- CHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 24-82 is on file in the official Resolution Book) 27. Eighth Street Bridge. Resolution No. 26-82 relative to opposition to the turn-over of Eighth Street Bridge to the City, is before Council for consideration. Approval is recommended. The caption of Resolution No. 26-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING ITS STRONG OPPOSITION TO THE TRANSFER TO THE CITY OF DELRAY BEACH OF THE RESPONSIBIL- ITY FOR OPERATION AND MAINTENANCE OF NORTHEAST EIGHTH STREET FROM SWINTON AVENUE TO SR A1A INCLUDING THE DRAW- BRIDGE OVER THE INTRACOASTAL WATERWAY AND URGING RECON- SIDERATION AND THE RESCINDING OF THIS TRANSFER; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 26-82 is on file in the official Resolution Book) 29. Human Relations Committee. Resolution No. 28-82, amending Resolution No. 92-81 relative to the Human Relations Committee, is before Council for consideration. Approval is recommended. - 10 - 03/23/82 The caption of Resolution No. 28-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 92-81 BY AMENDING SECTION 2 TO ADD NEW SUBSECTION PROVIDING FOR TERMS OF MEMBERS; RATIFICATION BY CITY COUNCIL; REMOVAL; AND BY ADDING A NEW SECTION 4 SETTING FORTH THE DUTIES, POWERS, AUTHORITY, AND FUNCTIONS OF THE DELRAY BEACH HUMAN RELA- TIONS COMMITTEE. (Copy of Resolution No. 28-82 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda with the exception of Item 28, seconded by Mr. Blair. Said motion passed unani- mously. REGULAR AGENDA 28. Downtown Traffic Pattern. Resolution No. 27-82, supporting the plans submitted by the Downtown Development Authority relative to the downtown traffic pattern, is before Council for consideration. Mr. Bird advised he requested that another version of Re- solution No. 27-82 be drafted with an additional Whereas Clause as follows: the City Council of the City of Delray Beach, Florida, wishes to express to the State of Florida Department of Transportation the City's support of this three-phase plan by the Downtown Development Authority provided that the implementation of such plan does not at any time modify or eliminate the State of Florida's continued operation and maintenance of the Atlantic Avenue bridge over the Intracoastal Water- way. Mr. Bird noted that this wording has also been incorporated into Section 1 of the resolution and suggested that this language be adopted in order to give the City a stronger position should any problems arise in the future. The City Manager presented Resolution No. 27-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY'S PROPOSED THREE-PHASE PLAN FOR FUTURE TRAFFIC FLOW MANAGEMENT IN THE DOWNTOWN AREA OF THE CITY OF DELRAY BEACH; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 27-82 is on file in the official Resolution Book) Mr. Blair moved for adoption of Resolution No. 27-82 with the amendment as suggested by Mr. Bird, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 30. Appointments - Community Appearance Board. Council is to consider appointment of one regular member to the unexpired term of George Armas ending August 25, 1982, and one alternate member to a term ending August 25, 1983. The Chairman of the Community Appearanc Board has recommended the names of Gerald E. Turner as a regular member and James H. Ballou as an alternate member. Mr. Bird moved for the appointments as recommended, seconded by Mr. Blair. Said motion passed unanimously. 31. Appointment - Board of Construction Appeals. Council is to consider appointment of a regular member to a term ending January 8, 1985. The Acting Chief Building Official has recommended the name of David L. Henninger. - 11 - 03/23/82 Mr. Bird moved for the appointment as recommended, seconded by Mr. Blair. Said motion passed unanimously. 32. Appointment - Civil Service Board. Council is to consider appointment of a member to a term ending April 1, 1984. The Chairman of the Civil Service Board has recommended the name of Virginia Cady for reappointment. Mr. Blair moved for the reappointment of Virginia Cady, seconded by Mr. Bird. Said motion passed unanimously. 33. Application for Grant - Microcomputer. Council is to con- sider authorizing the Mayor to sign a grant application from the Bureau of Highway Safety for a microcomputer and related software to be used by the Engineering Department. The total cost of the computer system is $6,300.00 and the grant request is $3,500.00. Funds to cover the dif- ference of $2,800.00 are contained in the 1981-82 Engineering Department budget. Approval is recommended. Mr. Gerald Church, City Engineer, explained the functions and use of the microcomputer. Ultimately, they expect to develop most of the paperwork and necessary operations in the entire traffic division with the microcomputer. They feel it is an important tool and strongly recommend approval. Mr. Bird moved to authorize the Mayor to sign the grant application, seconded by Mr. Scheifley. Said motion passed unanimously. 34. Ordinance No. 25-82 - Amend Code - Dumas Annexation. Ordi- nance No. 25-82, relative to annexing a parcel of land located at the northwest corner of N.W. 9th Street and N.W. 6th Avenue, if extended north, subject to R-1AA (Single Family Dwelling) District, is before Council for consideration on First Reading. If passed, Second and FINAL Reading and Public Hearing will be held at the April 27, 1982 Council meeting. The City Manager presented Ordinance No. 25-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 25-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 17. Mayor Weekes noted that on the Woodlake reimbursement for Mr. Miller, the motion did not state where the funds were to come from. The City Manager advised that funding could come from' either the Con- tingency Account or the Property Acquisition fund. Mr. Bird moved for funds to come from the Property Acquisi- tion fund for reimbursement to Mr. Miller when the City sells the excess property, seconded by Mrs. Durante. Said motion passed unanimously. · Mayor Weekes declared the meeting adjourned at 8:20 P.M. City Clerk - 12 - 03/23/82 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 23, 1982, which minutes were for- mally approved and adopted by the City Council on ~_~ ~ /F/~. 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. - 13 - 03/23/82 ~ 100 N. W. IST AVENUE (305} 278-2841 h~.,, ~",;~ ~' ~ ~o~o~' DELRAY BEACH, FLORIDA 33444 *¢'~' ..... March 23, ]982 Mr. Samuel Solomon Commander American Legion: Milton-Myers Post No. P. O. Box 225 Delray Beach, Florida Subject: Public Use of "Currie Common", a/k/a "American Legion Little League Baseball Field Dear Mr. Solomon: The City of Delray Beach, Florida, is in receipt of certain correspondence between Milton-Myers Post No. 65 and representatives of Delray Beach National Little League, Inc., and other information which indicates that Post No. 65 may be in the process of attempting to restrict access to the "Currie Common" property, a/k/a the "American Legion Little League Baseball Field". The City Council has been advised by me that the City of Delray Beach, Florida is the owner of the subject property through a conveyance dated January 26, 1954 from Currie Investment and Title Guaranty Company, which grant was subject to a reversionary interest in Currie Investment and subject to a lease originally between Currie Investment and Post No. 65, dated February 8, 1926. Thus, Milton-Myers Post No. 65's sole property interest in the subject property is as a leasee. Please note that the February 8, 1926 lease contains certain covenants and agreements which require that Post No. 65 permit that portion of the subject property not used for an American Legion Building, to be used as a "semi/public park and play/ground" (emphasis added). Additionally, although the City's title to "Cuttle Common" is subject to this lease until the expiration of its term in the year 2025, the indenture conveying the property to the City in 195# contained certain express conditions which, in order to provide for continued public ownership of the property, would require that the City take whatever steps are necessary to ensure continued use of the property as a pu.b. lic park and playground. The term "public" as used in the conditions set forth in the conveyance to the City implies that the City itself may not prohibit, nor may the City permit any leasee of the property to prohibit, full public access to or use of the "Cuttle Common" property, without the possibility that the City, and indirectly the public, would be divested of ownership of the property. Therefore, please take notice that the officers, officials and members of Milton-Myers Post No. 65 should take no further actions, either directly or indirectly, which would prohibit access to the subiect property to the Delray Beach National Little League or any Mr. Samuel Solomon March 23, 1982 Page 2 other member of the general public, subject to necessary scheduling. Your failure to abide by this request may result in the City Council of the City of Delray Beach instructing the City Attorney's office t(z take whatever appropriate legal actions are necessary to protect the public's interest in this property. Sincerely yours, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: Herbert W. A. Thiele, Esq. City Attorney HT:jw cc: City Council City Manager Note: This letter authorized and approved by affirmative vote of the City Council of the City of Delray I~each, Florida, at its regular meeting of March 23, 1982. City Clerk Mr. Samuel Solomon March 23, 1982 Page 2 other member of the general public, subject to necessary scheduling. Your failure to abide by this request may result in the City Council of the City of Delray Beach instructing the City Attorney's office to take whatever appropriate legal actions are necessary to protect the public's interest in this property. Sincerely yours, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: Herbert Xl/. A. Thiele, Esq. City Att~ ;ney HT:jw cc: City Council City Manager