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06-22-82 JUNE 22, 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 7:05 P.M.', Tuesday, June 22, 1982. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Donald Mackay, Cason United Methodist Church. 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 June 8, 1982, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Mr. Thomas Hanlon, 124 Marine Way, stated that he is opposed to Council's reaction towards the citizens and their petitions when the second hearing of Ordinance No. 37-82 was held on June 8th. 5.b.1. Mr. Blair reported on the current status of the Clean Com- munity System. All the directors are now in place and about 99% of the committee has been filled. It is hoped by July 8th to have a certifica- tion meeting, a time and place will be given within a week. He also stated that he has had several calls from people offering their support. These people will be hearing from the committee and anyone still inter- ested can call as each and everyone will be given an assignment in the near future. 5.b.2. Mr. Perry stated that it has become very obvious since the heavy rains that the City has a serious problem with the roadways. He realizes that it would be a costly project but feels that something should be done about it. This is becoming the number one problem in the City and he suggested that the Administration look into the situation. 5.c.1. The City Attorney reported that the search for a prospective assistant city attorney is coming to a conclusion. He has made a tenta- tive offer to Mr. Richard Carlson from Coral Springs who is a recent graduate of the University of Florida Law School. However, Mr. Carlson is awaiting word from the Florida Bar that he may go to the respective court and be sworn in. In the interim he is requesting that Council authorize retaining Mr. Carlson as a law clerk at the rate of $6.00 per hour. Mr. Carlson will begin duties on Monday morning and thereafter it will be brought back to Council for formal appointment. Mr. Bird moved to authorize the retention of Mr. Carlson at the rate of $6.00 per hour, seconded by Mr. Blair. Said motion passed unanimously. 5.c.2. The City Attorney stated that at the last Council meeting some discussion was had relative to the upcoming Board of Adjustment meeting. At that time Council authorized retaining counsel to represent the City and also retaining counsel to represent the Board of Adjust- ment. The Board was to submit no less than three names to Council for them to make a selection. He spoke with the Chairman of the Board of Adjustment and he does not wish to submit any names at this point. Upon question by Mr. Bird, the City Attorney replied that he does not feel it is essential to hire outside counsel. Nothing would be lost if at some point in time they required outside counsel; on the other hand there may be some point in the course of that hearing where it would be helpful to all parties that they receive independent legal counsel. Mr. Bird stated that the proponderence of the problem to be resolved centers over a difference of opinion of legal interpretation. The City Attorney replied that apparently the Chairman of the Board feels confident to make the decision. Mayor Young stated that the citizens of Delray Beach should be protected in every instance, regardless of what board it is. He realizes that the Board of Adjustment is the final approach and anything contrary to their decision would have to be a legal decision. On the other hand, if by means of debate that could be eliminated, he feels they should hire outside counsel. Nothing could be solved with two people on opposite sides as it would automatically result in a deadlock. The City Attorney stated that he could suggest a few names and have that person available at the meeting to consult with anyone if it was required. Frank Kriedler would be available and also Jim Adams, Skip Randolph and Don Cole. Mr. Blair stated that it seems to him if the City Attorney is involved in this issue and cannot be supporting, then there should be someone there looking after the City's rights. Mr. Bird moved that the Board be offered the services of Mr. Adams, assuming he is available to serve, at a rate not to exceed $75.00 per hour, seconded by Mr. Perry. Said motion passed unanimously. 5.c.3. The City Attorney requested that item 15 be pulled from the ~genda. 6. Mr. Bird moved to approve the agenda with the deletion of item 15 and item 11 to be removed from the consent agenda and made the first regular order of business following the consent agenda, seconded by Mr. Perry. Said motion passed unanimously. 7. Mayor Horton of Highland Beach gave a presentation and outlined some of the problems faced in Highland Beach as a result of the recent water and sewer rate increases in Delray Beach. May Zima & Co., who were hired by the City of Delray Beach, apparently did not know the background agreement made in 1968 between the City of Delray Beach and Highland Beach. They came up with a method of calculating charges and, as they interpret it, this means that Highland Beach would be paying a charge on that part of the capacity which they installed in the first place. He feels that May Zima is considering Highland Beach just another customer that would be purchasing the complete scope of serv- ices. They are anxious to work this matter out, so he requests that someone be appointed to negotiate with them to enable this matter to be settled. Mr. Bird stated that he agrees there is a difference in their category as a customer of the regional wastewater treatment plant. He feels there is a philosophy change that needs to be adjusted in connection with the problem Highland Beach is having with the sewer rates. Mr. Bird moved that the Administration be directed to put together a group to negotiate a solution to this problem with both the administrative and political side of the City of Highland Beach and withhold himself available, if that were Council's decision, to be a part of it, seconded by Mr. Blair. - 2 - 6/22/82 Before roll call Mayor Horton suggested that in an effort to proceed with the good neighborly atmosphere they have had for so long, any decision this group might come up with be retroactive to July 1, 1982. It may take longer than that to reach a decision but he feels that whatever the decision is it should start at that time, if it meets with their approval. Mr. Bird amended his motion that whatever adjustment is comtemplated and found acceptable by the negotiating parties shall be made retroactive to July 1, 1982, seconded by Mr. Blair. Said motion passed unanimously. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 8. Request for Solicitation of Funds - Delray Beach American Little League. Council is to consider a request from the Delray Beach American Little League to solicit funds on June 26, 1982. Approval is recommended. 9. Request for Solicitation of Funds - Delray Beach Fire- fighters Benevolent Association and the Professional Firefighters of Delray. Council is to consider a request from the Delray Beach Fire- fighters Benevolent Association and the Professional Firefighters of Delray to solicit funds on July 31, 1982. Approval is recommended. 10. Appointments Human Relations Committee. Council is to consider the appointments of Jack Kellerman and Bob French as members of the Human Relations Committee to the unexpired terms of Frederick Kanter and Phyllis Carey ending March 15, 1983. 12. Metropolitan Planning Organization Transportation Improve- ment Program, 1983-87. Council is to consider a reply to the Area Plan- Wing Board A-95 Clearinghouse review and comment relative to MPO Trans- portation Improvement Program, 1983-87. It is recommended that Council concur with the City Manager's letter of June 15th to APB. 13. Water Service Outside City - 4570 Barrett Street. Council is to consider a request for water service outside the City from Walter and Sarah Stryjek- Subject property is not contiguous to the City's corporate boundaries. Use of property is in accordance with the Compre- hensive Land Use Plan. Approval is recommended. 14. Easement Deed - Dimentional Builders and Associates, Ltd. ~o~ncil is to consider accepting a 14-foot easement on Lake Ida Road, Rainberry Bay Section 5. This right-of-way is needed for Force Main 80 installation. Approval is recommended. 16. Population and Growth Projects - South Central Regional Wastewater Treatment and Disposal Board. SCRWTD Board Resolution No. 1-82 relative to authorizing Russell and Axon to review the revised data from Delray Beach and Boynton Beach and to comment, combine and advise the Board as appropriate, is before Council for consideration. Resolu- tion No. 1-82 was adopted at the Board meeting on June 17th. Action of the Board requires ratification of the Cities of Delray Beach and Boyn- ton Beach. SCRWTD Board approved this by a 8-0 vote. 17. Sludge Conditioning and Stabilization - Regional Plant. ~hange Order No. 1 decreasing the contract price by Lanzo Construction Company by $14,039.00 for a total net contract price of $833,761.20, is before Council for consideration. The change order was approved at the SCRWTD Board meeting on June 17th. Action of the Board requires ratifi- cation of the Cities of Delray Beach and Boynton Beach. SCRWTD Board approved this by a 8-0 vote. 18. Roots Cultural Festival. Resolution No. 56-82 supporting the fifth annual Roots Cultural Festival from July 26th through August 8, 1982, is before Council for consideration. - 3 - 6/22/82 The caption of Resolution No. 56-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE FIFTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 56-82 is on file in the official Resolution Book) 19. Encourage Business and Light Industry in Delray Beach. Resolution No. 57-82, reaffirming the City's commitment to encourage business and light industry to locate in Delray Beach, is before Council for consideration. The caption of Resolution No. 57-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REAFFIRMING ITS COMMITMENT TO ENCOURAGE BUSINESS AND LIGHT INDUSTRY, COMPATIBLE WITH THE CITY'S ENVIRONMENT, AND PROVIDING YEAR ROUND JOB OPPORTUNITIES, TO LOCATE IN THE DELRAY BEACH AREA. (Copy of Resolution No. 57-82 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, with the exception of items 11 and 15, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 11. Appointments - Planninq & Zoning Board. Council is to con- sider the appointment of Anthony Newbold as a member of the Planning & Zoning Board to the unexpired term of C. Spencer Pompey ending September 28, 1984 and the appointment of Thomas McMurrain to the unexpired term of Frank Carey ending September 28, 1983. Mayor Young explained that Thomas McMurrain will not be able to serve on this Board and it has been suggested that Mr. Harold Brown be appointed in his place. Mr. Bird moved to appoint Anthony Newbold and Harold Brown as members of the Planning & Zoning Board, seconded by Mr. Blair. Said motion passed unanimously. 20. Iron and Color Analyzers - Water Treatment Plant. Change Order No. 3 decreasing the contract price by Intercounty Construction in the amount of $12,458.00 for a total net contract price of $4,415,901.75, is before Council for consideration. Approval is recom- mended. The City Manager reported that this is a cleaning up of the contract with Intercounty. The delays were primarily caused by their suppliers, which extended the contract by 185 calendar days. In addi- tion the final adjustment of $12,458.00 is to delete the Iron and Color Analyzers which were found not to be workable. Mr. Bird moved to approve Change Order No. 3, seconded by Mr. Blair. Said motion passed unanimously. 21. Release of Retaina~e - Water Treatment Plant. Council is to consider the release of final retainage to Intercounty Construction in the amount of $37,542.00 for the water treatment plant expansion. Approval is recommended. Mr. Blair moved to approve releasing final retainage, sec- onded by Mr. Bird. Said motion passed unanimously. - 4 - 6/22/82 22. Ordinance No. 42-82 - Devens Annexation. Ordinance No. 42- 82, annexing a .38-acre parcel of land located south of N.W. 22nd Street between N.W. 4th Avenue and N.W. 3rd Avenue, subject to R-1AA (Single Family Dwelling) District (Henry F. and Elizabeth C. Devens), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 42-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 22, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 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; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 42-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 23. Tent Assembly Application. Council is to consider an appli- cation from Seventh Day Adventist Church for Summer Revival and Vacation Bible School to be held July 3rd through August 14, 1982. Mr. Blair stated that he has studied the location of the maps that were presented and feels if Council should approve the site, for the benefit of the neighbors to the north, the tent should be moved closer to the parking area to the south. He also inquired if the neigh- bors had been contacted or notified that there is going to be a revival. Mr. John Times, 365 N.W. 4th Court, stated that they had not contacted any of the neighbors in the area but they had spoken with the Director of the Catherine Strong Center. Upon question by Mayor Young, he replied that they would have no objection to moving the tent south towards the parking area. The City Manager suggested that the elements of the motion that would grant approval as requested include the items as listed by the Assistant City Manager's memo which are as follows: approval for the use of City property; approval for the placement of the tent as located on the site plan but as far away from the homes as is practical; adop- tion of a time limit and removal of the tent as soon as possible there- after. All permit requirements should be met, which would include any requirements from the Code regarding noise, and finally that insurance in the form and amount acceptable to the City Attorney be provided. Mr. Bird moved to approve the application as suggested by the City Manager with the addition that clean up of site will be requir- ed upon removal of the tent, seconded by Mr. Blair. Said motion passed unanimously. 24 Appointments - Downtown Development Authority Council is to consider the appointment of three members to the DDA. The DDA has recommended the reappointments of Harry Newman and Ted Billingsley to three-year terms ending July 1, 1985, and the apppointment of Dr. Carl Carter to the unexpired term of Lynn Taylor ending July 1, 1983. Mr. Blair moved to appoint Harry Newman and Ted Billingsley to three-year terms ending July 1, 1985, and the appointment of Dr. Carl Carter to the unexpired term of Lynn Taylor ending July 1, 1983, sec- onded by Mr. Perry. Said motion passed unanimously. Before roll call Mr. Bird stated that he understands Lynn Taylor is giving up a lot of activities and as a member of this Council and of several boards where he has had the opportunity to serve with Lynn Taylor, he would like, for the record, to say that Lynn Taylor has given a lot to this community and without people like him it would not be the town that it is. - 5 - 6/22/82 At this point the roll was called to the motion. Mayor Young declared the meeting adjourned at 8:05 P.M. 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 June 22, 1982, which minutes were for- mally approved and adopted by the City Council on ~ 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. - 6 - 6/22/82