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08-10-82 AUGUST 10, 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, August 10, 1982. 1. Roll call showed: (Arrived Present - Council Member Malcolm T. Bird 7:05 P.M.) 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 Dr. Wallace Mast of Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of July 27, 1982, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Mrs. Pompey stated that some three or four months ago Coun- cil was asked about the possibility of having a traffic light put up on the corner of 12th Avenue and Atlantic Avenue. She noted that on the agenda for tonight there are six other intersections being considered by the City and asked why the intersection at 12th Avenue is not also being considered. Mr. Perry stated that the Department of Transportation has not considered this intersection because of its proximity to 1-95. He himself went out and measured the distance between 1-95 and 12th Avenue and could not find another intersection that came as close. This item is being considered in the NSA project, although how far it gets depends on the Department of Transportation who are now dealing with the pro- 3ect. 5.a.2. Mr. Oscar Adelman, Pines of Delray, stated that about a year ago there was an exchange of property between the City and Mr. Nathan Miller. The property that the City acquired was to bring Homewood Boule- vard equivalent to the light at the entrance of High Point. Since then t~e deal has been rescinded and he would like to know if any progress at all has been made with reference to that light. The City Manager stated that at the last regular meeting Council awarded the contract for this project and work should begin very shortly. 5.a.3. Mr. Terry Sullivan, 1700 Dover Road, stated that Sunrise Kiwanis appreciated the cooperation of the City Council and City employ- ees at their Annual Beach Festival and presented plaques to Mr. Blair and Mr. Tiffany who participated in the events. Mr. Bird arrived, the time being 7:05 P.M. 5.a.4. Mrs. Rita Shaikun, Rainberry Woods, asked Council who the proper party in government would be to see about having the road at Atlantic Avenue and A1A repaired. She also commented on the condition of the showers at the beach. The City Manager stated that although this is not in the City's jurisdiction he will look into the situation. As for the show- ers, he is aware of their condition and something is being done about them. 5.a.5. Mrs. Annabelle Tyson, 202 S.W. 13th Avenue, asked Council why she has been issued a violation notice for having a potato chip machine in her carport. The City Manager stated that he would have someone contact Mrs. Tyson tomorrow and explain what the situation is regarding the notice. 5.a.6. Mrs. Anna Bush, stated that she has also been issued a violation notice for having a similar machine. The City Manager stated that she too would be contacted and have the situation explained to her. 5.b.1. Mr. Blair stated that at next year's St. Patrick's Day Parade he would like to see a certain number of hours allocated during the day whereby alcoholic beverages may be consumed, under rules and regulations, in certain areas of the street. He feels there should be a way to handle the situation so that the City can continue to have this parade and any other festive days that may come under the same category, and still have it controlled. He would like to see this before a work- shop meeting at some later date. 5.b.2. Mr. Blair stated that it has been brought to his attention that there are private bottle clubs starting in this area. He would l~ke this situation brought to the attention of the City Attorney and Council in order that some control can be made so that it does not get out of hand. 5.b.3. Mr. Blair stated that Council should move towards obtaining an outside contract for garbage; he would still like to know more about the containerized garbage pickup, keep the planning open for areas that feel this would be good for them, keep back-door pickup and curbside p~ckup but study it very close and start moving forward. Mr. Blair moved that Council move toward obtaining an out- side contract for garbage pickup, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that preliminary investigation indicates that there are municipalities where the highest degree of service, which is back-door pickup, is being conducted at a price less than the City is currently charging. As far as he is concerned if that is the most expensive part of the system, and that is why no other decisions have been made, the City could follow the steps of the other communities and look for a contractor who would take on the service. He would like to see it in lieu of another increase in user fees before this year's budget is finalized. Mr. Sam Schwimer stated that at last week's workshop meeting the Pines of Delray questioned the possibility of being able to arrange their own garbage pickup. They have looked into the matter and received at least one bid from a contractor. He hopes that whatever the City's decision is they will take into consideration what the Pines of Delray and any of the other condominiums are interested in doing. At this point the roll was called to the motion. 5.b.4. Mr. Blair asked that the Administration find out if the leak in the water meter at 1153 Lowry Street is the City's responsibility or the owner's. - 2 - 8/10/82 5.b.5. Mr. Jackel stated that he has asked the City Attorney to prepare a resolution renaming the Delray Beach Country Club as the Delray Beach Municipal Golf Course. He would like Council to consider this resolution although no action need be taken at this time. Mr. Blair suggested that this item be deferred to a workshop meeting for discussion. 5.b.6. Mayor Young stated that the City of Delray Beach is hosting the USA National Mens Basketball Team. They were to be present at tonight's meeting, but unfortunately had to leave for a previous appoint- ment. 5.c. There were no Non-Agenda items by the City Attorney. 5.d. There were no Non-Agenda items by the City Manager. 6. Mr. Bird moved to approve the agenda, with the deletion of item 12 and item 13 to be moved to the regular agenda from the consent agenda, seconded by Mr. Perry. Said motion passed unanimously. 7. Mayor Young presented City Service Awards to Frank Carey, William G. James, Emogene Morgan, C. Spencer Pompey and Lynn Taylor who have faithfully served on some of the Boards and Committees of the City of Delray Beach. PUBLIC HEARING 8. Ordinance No. 49-82 - Amending Ordinance No. 45-79. Ordi- nance No. 49-82, setting forth a new list of conditional uses and to include a new site plan for Congress Square, located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal, 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. 49-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 45-79 BY REPEALING SECTION 2 AND ENACTING A NEW SECTION 2 RELATING TO CONDI- TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL, SUB- JECT TO CERTAIN EXPRESSED CONDITIONS, AND TO REVISE THE APPROVED PERMITTED USES FOR THE PROJECT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 49-82 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. Jackel moved for adoption of Ordinance No. 49-82 on Second and FINAL 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. 9. Ordinance No. 50-82 - Amending Code - Anchoring and Mooring. Ordinance No. 50-82, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to anchoring and mooring outside the main channel of the Intracoastal Waterway, 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. - 3 - 8/10/82 The City Manager presented Ordinance No. 50-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS AND BOATING", ARTICLE II, "ANCHORING AND MOORING", DIVISION 1, "GEN- ERALLY'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8-24, "REFUSAL TO REMOVE BOAT ILLEGALLY MOORED TO PUBLIC PROPERTY", TO LIMIT THE SECTIONS' APPLICABILITY ONLY TO THOSE AREAS OF THE PUBLIC WATERWAYS LYING OUTSIDE OF THE MAIN CHANNEL OF THE FLORIDA INTRACOASTAL ~TERWAY; BY AMENDING SECTION 8-26, "ANCHORING IN RESTRICTED AREAS; WHEN ANCHORING PERMIT REQUIRED", TO LIMIT ITS APPLICABILITY ONLY TO THOSE AREAS OF THE PUBLIC WATERWAYS LYING OUTSIDE OF THE MAIN CHANNEL OF THE FLORIDA INTRACOASTAL WATERWAY AND TO BOATS WHERE PERSONS ARE RESIDING OR SLEEPING ABOARD, TO MAKE UNLAWFUL THE FAILURE TO OBTAIN SUCH PERMITS, AND TO PROVIDE CERTAIN CRITERIA FOR REVOCATION OR REFUSAL TO ISSUE SUCH PERMITS; BY AMENDING SECTION 8-27, "WHEN ANCHORING AND MOORING PERMITS NOT REQUIRED", BY ADDING A NEW SUBSECTION (C) TO CLARIFY THE PROVISIONS RELATIVE TO BOATS BEING ADJACENT TO DOCKS; BY AMENDING SECTION 8-28, "DISPLAY OF ANCHORING AND MOORING PERMITS; PERMIT DURA- TION'', TO SPECIFICALLY RESTRICT THE DURATION OF SUCH PERMITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 50-82 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 adoption of Ordinance No. 50-82 on Second and FINAL Reading, seconded by Mr. Perry. 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. Traffic Signal Agreement between the City and Palm Beach County. Council is to consider approving and authorizing execution of traffic signal agreement between the City and Palm Beach County for the intersections at: a. Linton Boulevard and A1A. b. Linton Boulevard and Homewood Boulevard. c. Linton Boulevard and S.W. 10th Avenue. d. East Atlantic Avenue and East 7th Avenue. e. Lake Ida Road and Barwick Road. f. Harbor Plaza Drive (Delray Mall) and U.S.1. 11. Developers Utility Service Agreement - South County Founda- tion for Mental Health, Inc. Council is to consider approving an agreement between the City and South County Foundation for Mental Health, Inc., for sewer service to the Community Mental Health Center, located approximately 200 yards south of Linton Boulevard - Military Trail intersection on the east side of Military Trail opposite the new Delray Hospital. $5,060 ($625 per acre for sewer and $375 per acre for water x 5.06 acres) will be paid to the City at a time spelled out in the agreement. Approval is recommended. - 4 - 8/10/82 14. Street Abandonment - Avenue "J". Resolution No. 73-82, repealing Resolution No. 66-82, which vacated and abandoned a portion of Avenue "J" and enacting a new resolution vacating and abandoning the north 25 feet of Avenue "J" (John Rathbun, applicant), is before Council for consideration. The caption of Resolution No. 73-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 66-82, WHICH VACATED AND ABANDONED A PORTION OF AVENUE "J", AND ENACT- ING A NEW RESOLUTION VACATING AND ABANDONING THE NORTH 25 FEET OF AVENUE "J" LYING WEST OF FLORIDA BOULEVARD AND EAST OF THE CENTERLINE OF THE ALLEY RIGHT-OF-WAY LYING OF AND ADJACENT TO LOTS 23 THROUGH 27, INCLUSIVE, BLOCK 28, DEL-RATON PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 73-82 is on file in the official Resolution Book) 15. Air Conditioner - Civic Center. Resolution No. 74-82, authorizing the award of a contract to install an air conditioner in the Civic Center to the low bidder, D.L. Folsom Air Conditioning and Heating Corporation, in the amount of $5,690, with funds to come from the 1981-82 projected General Fund surplus, is before Council for considera- tion. The caption of Resolution No. 74-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE FURNISHING AND INSTALLATION OF A 7.5 TON HEAT PUMP AND AIR HANDLER FOR THE COMMUNITY CENTER. (Copy of Resolution No. 74-82 is on file in the official Resolution Book) 16. Pompey Park Pool. Resolution No. 75-82, authorizing the award of a contract to repair and modify Pompey Park Pool to the low bidder, Al-Mar Pools, Inc., in the amount of $38,750, with $25,000 funding from Community Development Grant and the balance from the 1981-82 projected General Fund surplus, is before Council for considera- tion. The caption of Resolution No. 75-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE REPAIR OF THE POMPEY PARK POOL; PROVIDING FOR THE FUNDING OF THIS CONTRACT. (Copy of Resolution No. 75-82 is on file in the official Resolution Book) 17. Ratification of Agreement - Town Properties, Inc. Council is to consider ratifying an agreement between the City and Town Prop- ertles, Inc., located at 1127 Miramar Drive, for a $5,000 cash bond to cover drainage improvements. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda, with the exception of items 12 and 13, seconded by Mr. Perry. Said motion passed unanimously. REGULAR AGENDA 13. Planned Parenthood. Resolution No. 72-82, authorizing execution of an agreement with the Florida Department of Community Affairs that the City sponsor the Community Affairs Trust Fund Grant to Planned Parenthood in the amount of $36,000, is before Council for consideration. - 5 - 8/10/82 The caption of Resolution No. 72-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSIST- ANCE FOR COMMUNITY SERVICES ACT; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER PROVISIONS OF SAID ACT. (Copy of Resolution No. 72-82 is on file in the official Resolution Book) Mr. Perry stated that there are many positive programs involved with Planned Parenthood. However, for many people there is a precelved notion about this and it can be an emotional one. With a cursory count of the churches in town he figures there is approximately 30% of the citizens of Delray who appear to be strongly opposed to the abortion program which is involved with the Planned Parenthood program. Mr. Robert Chapin, representing the Planned Parenthood program, stated that they try to prevent and avoid abortion but if it is the only viable alternative they believe that it be done with proper medical supervision. Planned Parenthood believes that a woman should nave the right to consult with her physician without unfettered regula- tion by the government. It is Planned Parenthood's historical stance to prevent that difficult decision from being made and they have never performed abortions within the organization. They are only involved by way of referral to competent, approved doctors or clinics who are li- censed by the State of Florida. Dr. Wallace Mast stated that after a ministery of over fifty years he would like to give his approval of the program of Planned Parenthood. Mr. Sam Schwimer stated that he knows many people who have been helped by Planned Parenthood and feels they deserve every considera- tion. Mrs. Rita Shaikun stated that if someone does not approve of the Planned Parenthood program they do not have to use it. The program should not be deprived from those who may need it because of the feel- ings of people who are against abortion. Mr. Gene Mont stated that he is very much against any pro- gram affiliated with abortion. Linda Johnson, representing Delray Primitive Baptist Church, stated that although they do not disagree with the education of people regarding birth control they are strongly opposed to any funds being spent for abortion. Mr. Perry moved for the adoption of Resolution No. 72-82, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - No; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 2 vote. 18. Appointment - Neighborhood Strategy Area Review Committee. Council is to consider appointing members to the Neighborhood Strategy Area Review Committee. Mr. Perry moved that Mr. Fred McCoy, Ms. Debbie Williams, Reverend Lewis Myers, Mr. Spencer Pompey, Mr. David Randolph, Mr. Pres- ton Wright and Mrs. Rosetta Rolle be appointed as members to the Neigh- borhood Stratety Area Review Committee, seconded by Mr. Jackel. Said motion passed unanimously. 19. Appointment - Community Appearance Board. Council is to consider the appointments of two regular members to the Community Appear- ance Board to terms ending August 25, 1984. Robert Currie and Gerald Turner are willing to accept another two-year term if reappointed. - 6 - 8/10/82 Mr. Jackel moved that this item be postponed for two weeks to give it further consideration, seconded by Mr. Bird. Said motion passed unanimously. 20. Appointment - Internal Audit Committee. Council is to consider the appointment of an alternate member to the Internal Audit CommIttee to a term ending April 27, 1984. Mayor Young stated that after reviewing the resumes of the people who qualify to serve on this board, it has been recommended that James L. Bowen be appointed to serve as an alternate member on this committee. Mr. Blair moved that James L. Bowen be appointed to serve as an alternate member to the Internal Audit Committee to a term ending April 27, 1984, seconded by Mr. Bird. Said motion passed unanimously. 21. Lestroy Maginley vs City of Delray Beach. Council is to consider a settlement offer regarding Lestroy Maginley vs City of Delray Beach. Re~ection is recommended. The City Attorney reported that this item is litigation that arose in a case about three years ago and it is still pending before the courts. No trial date has yet been set and the plaintiff's attorney has made a demand for settlement in the amount of $50,000. The City is Delng represented by outside counsel in this matter and it is their opinion and his that this settlement offer be rejected. Mr. Bird moved to approve the recommended rejection, sec- onded by Mr. Perry. Said motion passed unanimously. 22. Prohibition of Temporary Political Signs. Ordinance No. 52-82, amending Chapter 9 "Buildings and Construction", Article VIII "Signs and Billboards", relative to prohibition of temporary political signs, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 52-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE VIII "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-198, "DEFINITIONS", TO AMEND THE DEFINITION OF POLITICAL SIGN; BY AMENDING SECTION 9-200, "PERMITS REQUIRED; EXCEPTIONS", EXCEPT CERTAIN TEMPORARY SIGNS FROM OBTAINING PERMITS; BY AMENDING SUBSECTION 9-209(e), "CERTAIN SIGNS OR SIGN STRUCTURES PROHIBITED", TO PROVIDE AN EXCEPTION FOR CERTAIN TEMPORARY POLITICAL SIGNS; BY AMENDING SECTION 9-212, "SPECIAL SIGNS", TO ADD A NEW SUBSECTION (E), "TEMPORARY POLITICAL SIGNS", TO SET FORTH CONDITIONS UNDER WHICH CERTAIN TEMPORARY POLITICAL SIGNS MAY BE PLACED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney reported that each member of Council has been individually sued by five plaintiffs as well as a class action law suit challenging the constitutionality of a particular aspect of the City's current sign ordinances prohibiting temporary political signs throughout the City. He stated that there is substantial case law on the subject. However, in order for the City to defend the ordinance they would have to go to federal court and spend an extensive amount of time with a limited chance of success; therefore, he has prepared an alter- native ordinance which redefines what is considered to be a temporary political sign and permits them to be placed within the City of Delray Beach under certain conditions. He believes that this ordinance in its current confIguration is defensible. - 7 - 8/10/82 Mr. Bird stated that if he were convinced that every polit- ical candidate first went out and obtained specific permission from the property owner and then put up the sign, then he feels assessing the property owner for its removal would be a reasonable and a just thing to do. However, because the people who put up the signs rarely do ask permission, he feels the candidate should be assessed. The City Attorney stated that prior to the time the signs are removed the property owners would be given notice that a sign was located on their property and it was going to be removed by the City at $25.00 per sign. Mr. Bob Kussler stated that he is the owner of property that has a considerable amount of road frontage and there have been a number of signs posted on his property. He feels that if the City is going to have an ordinance such as the City Attorney has proposed why can it not be based on the same format that citizens use; if they want to post a sign advertising their business they have to buy a permit from the City. He feels the present ordinance is satisfactory and it has worked very well for a number of years. The City Attorney stated that the chances of defending the ordinance ~n its present form are not in the City's favor and unfor- tunately the Courts have taken the position that commercial speech in general has not been accorded the same kind of protection that political speech has. A permitting process would be considered to be a prior restraint that might be impermissable under the constitution as applied to politIcal speech where it is not impermissable and for that reason he would not recommend a permitting process. Mr. Blair stated that he agrees with Mr. Bird that it should not be the property owner who is charged for the signs. He feels this does need to be controlled, but the penalty should not involve a great expense. The City Attorney stated that if it is Council's intent to pass this ordinance he would revisit the issue of who is responsible for the collection and payment of the Administrative cost and modify it. Mr. Bird moved for the adoption of Ordinance No. 52-82 on First Reading, seconded by Mr. Perry. 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. Mr. Bird moved to instruct the Administration to enforce the provIsions of Ordinance No. 52-82 in lieu of the out and out prohibition on politlcal signs during the period between now and second and final reading, seconded by Mr. Perry. Said motion passed unanimously. 23. Ordinance No. 51-82 - Amending Code - Code Enforcement. Ordinance No. 51-82, amending Chapter 2 "Administration" of the Code of Ordinances relative to code enforcement, is before Council for considera- tion on First Reading. The City Manager presented Ordinance No. 51-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE VI, "CODES ENFORCEMENT", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-103, "DEFINITIONS", TO MAKE TECHNICAL CORREC- TIONS AND TO DELETE THE DEFINITION OF PROBABLE CAUSE; BY AMENDING SECTION 2-104, "CODES ENFORCEMENT BOARD ESTAB- LISHED'', BY REPEALING SUBSECTION 2-104(a), "COMPOSITION; APPOINTMENT OF MEMBERS", AND ENACTING A NEW SUBSECTION 2-104(a), "COMPOSITION; APPOINTMENT OF MEMBERS" TO PRO- VIDE THAT SAID BOARD BE COMPOSED OF SEVEN (7) MEMBERS, PROVIDING FOR THE COMPOSITION OF SAID BOARD, AND PROVID- ING FOR QUALIFICATIONS OF MEMBERS; BY AMENDING SUBSECTION 2-104(b), "QUALIFICATIONS OF MEMBERS" TO MAKE REFERENCES - 8 - 8/10/82 THEREIN PLURAL RATHER THAN SINGULAR BY AMENDING SUB- SECTION 2-104(c), "TERMS OF APPOINTMENT", TO PROVIDE FOR THE INITIAL TERMS OF APPOINTMENT OF MEMBERS; BY AMENDING SUBSECTION 2-104(d), "VACANCIES AND REAPPOINTMENT", TO PROVIDE THAT A MEMBER MAY BE REAPPOINTED FOR ONE SUC- CESSIVE TERM; BY AMENDING SUBSECTION 2-104(e), "FOR- FEITURE OF APPOINTMENT FOR NONATTENDANCE; REMOVAL FROM OFFICE", TO ELIMINATE PROVISIONS FOR AUTOMATIC FORFEITURE AND PROVIDE FOR BOARD DECLARATION OF VACANCY, AND TO PROVIDE FOR SUSPENSION AND REMOVAL OF MEMBERS; BY AMEND- ING SECTION 2-105, "ORGANIZATION OF BOARD", TO CLARIFY ELECTION OF OFFICERS; BY AMENDING SECTION 2-108, "AUTHOR- ITY OF BOARD TO ADOPT RULES AND REGULATIONS", TO CLARIFY REFERENCES TO ENABLING LEGISLATION; BY REPEALING SECTIONS 2-110, "APPOINTMENT, COMPENSATION OF LEGAL COUNSEL TO BOARD", AND 2-111, "REPRESENTATION OF CITY IN BOARD PROCEEDINGS, AUTHORITY OF CITY ATTORNEY", AND ENACTING A NEW SECTION 2-111, "ROLE AND AUTHORITY OF CITY ATTORNEY", TO PROVIDE FOR THE ROLE OF THE CITY ATTORNEY AND/OR ANY ASSISTANT CITY ATTORNEY, AND SETTING FORTH CERTAIN PROS- ECUTORIAL AUTHORITY; BY ENACTING SECTION 2-113, "SCHED- ULING OF HEARINGS", TO PROVIDE FOR SETTING OF HEARINGS BY THE BOARD; BY AMENDING SECTION 2-114, "FORMAL HEARING", TO CLARIFY THE SETTING OF HEARINGS AND TO PROVIDE FOR THE REQUIREMENT OF FOUR (4) AFFIRMATIVE VOTES TO MAKE BOARD ACTION OFFICIAL; BY AMENDING SECTION 2-115, "HEARING PROCEDURES", TO CLARIFY THAT ALL BOARD HEARINGS AND PROCEEDINGS ARE TO BE OPEN TO THE PUBLIC, TO PROVIDE FOR PRESENTING OF CASES, TO DELETE REFERENCE TO PROBABLE CAUSE HEARINGS, AND TO SET FORTH CERTAIN POWERS OF THE BOARD; BY AMENDING SECTION 2-116, "SUBPOENA POWERS", TO RETITLE SAID SECTION AND TO CLARIFY PROCEDURES FOR IS- SUANCE OF SUBPOENAS; BY AMENDING SECTION 2-117, "DECI- SIONS AND ENFORCEMENT ORDERS", TO DELETE REFERENCE TO CERTIORARI APPEALS; BY AMENDING SECTION 2-118, "FINES FOR NONCOMPLIANCE WITH ORDERS", TO REDUCE THE MAXIMUM DAILY FINES FROM $500.00 TO $250.00, AND TO PROVIDE FOR LIENS AGAINST REAL AND PERSONAL PROPERTY OF VIOLATOR OTHER THAN PROPERTY WHERE VIOLATION OCCURRED UNDER SPECIFIED CIR- CUMSTANCES; BY REPEALING SECTIONS 2-119, "INJUNCTIVE RELIEF", AND 2-120, "OTHER REMEDIES"; BY ENACTING A NEW SECTION 2-119, "DURATION OF LIEN", TO LIMIT THE DURATION OF LIENS AND FOR CONTINUATION OF SUCH LIENS; BY ENACTING A NEW SECTION 2-120, "PROVISIONS OF ARTICLE SUPPLEMEN- TAL'', TO PROVIDE THAT PROVISIONS OF THIS ARTICLE ARE SUPPLEMENTAL; BY ENACTING A NEW SECTION 2-121, "INJUNC- TIVE RELIEF", TO PROVIDE FOR SEEKING INJUNCTIONS WHERE A VIOLATION PRESENTS A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 51-82 on First Reading, seconded by Mr. Bird. 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. Mayor Young declared the meeting adjourned at 8.40 P.M. ATTEST: MAYOR - 9 - 8/10/82 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 August 10, 1982, which minutes were for- mally approved and adopted by the City Council on ~, ~ ~ /~2~ -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 - 8/10/82