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05-11-82SpMtg MAY 11, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:00 P.M., Tuesday, May 11, 1982. 1. Roll call showed: Present - Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - Council Member Malcolm T. Bird Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Maurice Gaines, Rt. John's Primitive Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Perry moved for approval of the minutes of April 27, ~982, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mr. Thomas Hanlon, 72% S.E. 6th Avenue, stated that he had planned to speak regarding travel expenses and cash advances; however, as requested by Council, he will defer it to workshop. 5.a.2. Mr. John O'Grady, President of the Delray Beach Board of Realtors, stated that he is here to challenge the $30 license tax which is imposed upon realtor associates. He explained that realtor associ- ates are employees of real estate offices and do not own or have in- terest in the business. He does not object to the tax charged to real- tors who are in business but feels that the tax charged to realtor associates is unjust and unfair. He urged Council to consider this matter. Mayor Young requested that the City Manager schedule this item for a workshop meeting. 5.b.1. Mr. Perry reported that he was not satisfied that Delray Beach received its full share of the free cheese. They distributed cheese to about 420 families; however, there are more than 420 needy families in Delray Beach. He proposes that they establish a committee, composed of representatives from affected groups in the community, to deal with situations such as this one. He advised that the City Attor- ney has prepared a resolution to this effect and he asked for Council support. The City Attorney presented Resolution No. 47-82: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTAB- LISHING A COMMITTEE TO BE ENTITLED "COMMODITY DISTRIBU- TION COORDINATING COMMITTEE", AND SETTING FORTH SUCH COMMITTEE'S COMPOSITION, PURPOSE AND AUTHORITY. (Copy of Resolution No. 47-82 is on file in the official Resolution Book) Mr. Blair moved for the adoption of Resolution No. 47-82, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 5.b.2. Mayor Young presented and read a proclamation proclaiming the week of May 9 - 15, 1982 as "National Police Week" and proclaiming the day of May 15, 1982 as "Police Officers Memorial Day". Police Chief Kilgore came forward to accept the proclamation and he invited Council members to attend the memorial service on Friday at the City Cemetery. 5.b.3. Mayor Young presented and read a proclamation proclaiming the week of May 23 - 30, 1982 as "Firefighters Appreciation Week". 9. Mr. Sam P_____gr_~nay, High Point, questioned Item 9 and stated that it seems unfair that people west of Military Trail are paying 25% more than Delray Beach residents for sewer service while Highland Beach, according to this contract, will be paying the same amount as residents. The City Manager explained that they have a bulk service contract with Highland Beach which provides that before the rates can be modified by Delray Beach, they must be given a thirty day notice. It further provides that the rates charged to Highland Beach, as a bulk customer, will be the same as they charge their own citizens. The City does not have the authority to modify this provision. 6. Mr. Blair moved for approval of the agenda, seconded by Mr. Perry. Said motion passed unanimously. PUBLIC HEARINGS 7. Ordinance N______qo~_~2~-_8_~ -_~ezgnin~, Comprehensive Plan Amendments, Site and Development Plan Approval - Saddle Ridge. Ordinance No. 28-82, changing the City's Land Use designation in the Comprehensive Plan for the subject property from SF to PRD-4 (4 units/acre) and rezoning the property from R-1AA to PRD-4, is before Council for consideration on Second and FINAL Reading. This property is located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal. Prior to considera- tion 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. 28-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF SINGLE FAMILY TO PRD-4 PLANNED RESIDENTIAL (4 UNITS/ ACRE) AND REZONING THE SUBJECT PROPERTY FROM R-1AA (SINGLE) FAMILY DWELLING) DISTRICT TO PRD-4 (PLANNED RESIDENTIAL) DISTRICT, SAID PROPERTY BEING IN SECTIONS 18 AND 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND IS LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL, GRANTING SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 28-82 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. Blair moved for the adoption of Ordinance No. 28-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 36-82 - Amend Code - Public Nuisance. Ordi- nance No. 36-82, amending Chapter 13 "Health and Sanitation" relative to declaring a public nuisance, is before Council for consideration on Second and FINAL Reading. This ordinance reestablishes regulations prohibiting interference with street lights, sidewalks and other public improvements. 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 - 05/11/82 The City Manager presented Ordinance No. 36-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANITA- TION'', SECTION 13-13, "WEEDS, TRASH, CERTAIN VEGETATION, ETC. DECLARED A PUBLIC NUISANCE", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBPARAGRAPH (c), PROHIBITING AND DECLARING ANY KIND OF VEGETATION THAT INTERFERES WITH THE USE OF STREET- LIGHTS, SIDE WALKS, OR OTHER PUBLIC IMPROVEMENTS TO BE A PUBLIC NUISANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-82 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. Perry moved for the adoption of Ordinance No. 36-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. New Sewer Rates for Hiqhland Beach. Council is to consider adjusting sewer charges to comply with the residential charges that Delray Beach residents are paying, effective April 1, 1982. Approval is recommended. 10. Voluntarism. Resolution No. 46-82, expressing the City's approval of and support for a State-wide Task Force on Voluntarism, is before Council for consideration. Approval is recommended. The caption of Resolution No. 46-82 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, EX- PRESSING ITS APPROVAL AND SUPPORT FOR A STATEWIDE TASK FORCE ON VOLUNTARISM AND URGING THE STATE OF FLORIDA TO ESTABLISH A FLORIDA TASK FORCE ON PRIVATE SECTOR INITI- ATIVES FOR THE PURPOSE OF SUPPORTING THE NATIONAL TASK FORCE IN COORDINATION OF VOLUNTEER SERVICES; PROVIDING FOR FURNISHING COPIES OF THIS RESOlution. (Copy of Resolution No. 46-82 is on file in the official Resolution Book) 11. Final Plat Approval - C.E. Wolf Subdivision. The Planning and Zoning Board at a meeting held on April 27, 1982 recommended by unanimous vote that the final plat for C.E. Wolf Subdivision, a proposed auto repair facility located north of Atlantic Avenue, between Congress Avenue and the E-4 Canal, be approved, subject to: (1) City Engineer's memorandum of April 21, 1982; (2) Acting Director of Public Utilities' memorandum of April 23, 1982. Approval is recommended. 12. Final Plat Approval - Waterwa~ North II. The Planning and Zoning Board at a meeting held on April 27, 1982 recommended by unani- mous vote that the final plat for Waterway North II, a 16 unit multiple family project located north of N.E. 8th Street, between the Intra- coastal Waterway and Andrews Avenue, be approved, subject to: - 3 - 05/11/82 (1) City Engineer's memorandum of April 26, 1982; (2) Acting Director of Public Utilities' memorandum of April 5, 1982. Approval is recommended. Mr. Blair moved for adoption of the Consent Agenda, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 13. Pom____pey_~ark ~imm____i~ Pool. It is recommended that Council pass a motion to request the Palm Beach County Department of Housing and Community Development to transfer the $25,000 allocated for the Atlantic Avenue curb cuts to the pool renovation program, deferring the curb cut program, and that Council appropriate funds to meet renovation expenses in addition to the $25,000 participation from Palm Beach County Depart- ment of Housing and Community Development. The City Manager reported that the Health Department has ruled that Pompey Pool not be used until substantial renovations are done. He had discussions with the County Department of Housing and Com- munity Development and found they had previously approved and allocated $25,000 in Federal funds for a program to install handicap ramps along Atlantic Avenue. As they consider the pool to carry a higher priority than the handicap ramps and feel it urgent that the pool be in service for summer, it is recommended that the $25,000 in Federal funds be transferred. The City Manager further reported that he is confident that the balance of the funds, approximately $28,300, will be found in the City's operating budget. The budget amendment which will soon be coming before Council will reveal that certain revenues have exceeded estimates to an amount considerably more than $28,300. Mr. Blair moved for approval of the recommendation with funding to come from the budget amendment, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: The City Manager noted that they still have to prepare the detailed specifications and go out for bid in order to meet Federal requirements; they then have to accomplish the work. They hope to have it completed in 45 days but are not making any promises. Mr. Thomas Hanlon spoke in support of the pool renovation project but expressed concern as to the fact that the pool was allowed to deteriorate to this condition. At this point the roll was called to the motion. 14. Envirotech Contract. It is recommended that Council pass a motion to support the concept of private contract operation and to request the South Central Regional Wastewater Treatment & Disposal Board to approve the concept of the contract. Mr. David Nathanson advised that the citizens of Pines of Delray North strongly support this contract and they highly recommend the Envirotech firm. They feel that Envirotech has the expertise, knowledge and experience needed to operate the plant in an odor-free manner. Other cities have been completely satisfied with their per- formance. Mayor Young noted that there will be a meeting at the SCRWTD Board office on May 20th at 5:45 P.M. The issue under discussion at that meeting will be the ratification of a contract to operate the plant. - 4 - 05/11/82 Mr. Jackel stated that he is aware of the terrible situation which has been dragging on and commends the citizens of Pines of Delray North for their patience. In order to speed up the process, he recom- mended adding a phrase to the motion to specifically designate the Envirotech firm. Mr. Perry responded that since they have already de- cided on Envirotech, it is not really necessary to address it in the motion. Mayor Young outlined the steps which led to the SCRWTD Board's selection of Envirotech, noting that there were 16 different firms interested in this operation. He advised that they have been negotiating with Envirotech for about three months now trying to arrive at a contract which is acceptable to all parties. Since it is an inter- local agreement, they must protect both of the municipalities involved. As he understands it, Delray Beach will go along with the approval of a contract when and if they get a contract that meets the three or four ramifications of the SCRWTD Board attorneys. Mr. Robert Federspiel, SCRWTD Board attorney, advised him today that he feels confident they will be able to arrive at a contract acceptable to both cities. Mr. Blair moved to approve the concept of private contract operation and to request the South Central Regional Wastewater Treatment & Disposal Board to approve the concept of a contract, seconded by Mr. Perry. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 7:50 P.M. jCity 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 May 11, 1982, which minutes were for- mally approved and adopted by the City Council on~_~. ~,/~;~. - j City V~lerk 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. - 5 - 05/11/82