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08-24-82 AUGUST 24, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Malcolm T. Bird in the Council Chambers at City Hall at 7:05 P.M., Tuesday, August 24, 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 Absent - Mayor Willard V. Young (due to illness) Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Roy Forward of Christian Missionary Alliance Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. Vice-Mayor Bird announced that Mayor Young is in the Boca Raton community Hospital. 4_~. Mr. Perry moved for approval of the minutes of the regular meeting of August 10, 1982, seconded by Mr. Blair. Said motion passed unanimously. Mr. Blair moved that item 32 be the next item of business, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Vice-Mayor Bird - Yes. Said motion passed with a 3 to 1 vote. 32. Renaming the City's Golf Course. Resolution No. 76-82, renaming the City's golf course as the Delray Beach Municipal Golf Course, is before Council for consideration. The caption of Resolution No. 76-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RENAMING THE CITY'S GOLF COURSE AS THE "DELRAY BEACH MUNICIPAL GOLF COURSE". Mr. Jackel moved for adoption of Resolution No. 76-82. SAID MOTION DIED FOR LACK OF SECOND. 5.a.1. Mr. Leonard Syrop, High Point Way, commented on Council's policy of bringing an item to the beginning of the agenda because a large group of citizens have shown up for a particular item. He feels that these items and comments from citizens should be put to the end of the agenda; let the citizens sit through the entire evening and realize where their particular item stands in priority order with the rest of the business that the City has to conduct. 5.a.2. Mr. Raymond Potter, representing Scobee Ireland Potter Funeral Home, stated that Delray Beach Cemetery is one of the worst kept cemeteries in South Palm Beach County. The general appearance is very poor, the grave markers have been run over by cemetery equipment, there are no sections or areas designated for the locations of cemetery plots and Delray Beach is the only cemetery that does not have its own equip- ment for funeral set-ups. He feels that Council, in the future, should arrange a Cemetery Board that includes a funeral director and members of the public. 5.a.3. Mr. Norman Otto, 111 Periwinkle Lane, stated that he is here tonight to request that the City authorize the placement of signs along N.W. llth Street to warn drivers of the numerous children playing in that area. He has collected funds from the concerned parents amounting to $200, which he was advised would be approximately the cost of six signs, and requests that Council authorize the placement of the signs. Mr. Blair moved to instruct the Administration to erect signs, the $200 to be accepted in part or total payment with any addi- tional funds to come from the General Contingency Fund, seconded by Mr. Perry. Said motion passed unanimously. 5.a.4. Mr. Thomas Hanlon, 124 Marine Way, stated that at the last regular meeting discussion was had regarding two elderly women who had been issued violation notices for having vending machines on their property. They have had these machines for five and twelve years and it was only recently when the Clean Community System became stricter in enforcing the code that they realized they were breaking the law. He feels that Council should consider a variance to the City's code for these women, allow them to keep the machines on their porches and con- tlnue to make a living. Mr. Blair stated, for the record, that the Clean Community System has nothing to do with code enforcement or issuing violation notices. Vice-Mayor Bird stated that he would like to know if it is the neighborhood or legal standard that has been violated. He suggested that a possible way of ascertaining this would be to waive the fee, put this before the Board of Adjustment and have them provide a public forum for input from the other neighbors. He would not like to deprive anyone from supplementing their income but he feels that people in certain zoning classifications should be protected. Mr. Blair moved that this item be sent to the Board of Adjustment, waive the fee and let them handle the matter, seconded by Mr. Perry. Before roll call the following discussion was had: Mr. Perry stated that the day after the meeting he visited the Building Department and found out that this matter is more of a problem than it is thought to be. If they allow this as a use in a R-lA district, how would similar requests be handled. Mr. Blair stated that he would like the City to furnish Council with a complete written statement on where they stand and dis- cuss this at the next workshop meeting. Mr. Blair withdrew his motion and Mr. Perry withdrew his second. Vice-Mayor Bird stated that although they are going to discuss this item at a workshop meeting there are still two people who are in violation and he asked what Council's decision is regarding them. He stated that as next Tuesday is not a meeting date and the following Tuesday will be a budget workshop it will be difficult to agenda this · tem. He would like to have some citizen input from the surrounding neighborhood as to whether or not they have an objection to these ma- chines and have this item prior to the budget workshop on Thursday at 4:00 P.M., so that Council will have some idea what action they need to take. 5.b.1. Mr. Blair commented on an article which recently appeared in a newspaper and stated, for the record, that he has never been in- fluenced by any member of the public on what decisions to make, how to make them or when to make them. - 2 - 8/24/82 5.b.2. Mr. Jackel stated that he is disappointed with the decision made regarding the Delray Beach Golf Course. However, if the name of the golf course is not going to be changed he would like to see the listings in the telephone directory made clear and have the golf course listed under "Municipal Golf Courses". 5.c. There were no Non-Agenda items by the City Attorney. 5.d. The City Manager stated that item 9 should read sewer ser- vice instead of water service and that the effective date mentioned under item 36 is relative to item 34. He also requested that item 12 be removed from the consent agenda and placed on the regular agenda and items 21, 22 and 30 be deleted from the agenda. 6. Mr. Jackel moved to approve the agenda, with the deletion of items 21, 22 and 30 and item 12 to be moved to the regular agenda from the consent agenda, seconded by Mr. Blair. Said motion passed unan- imously. PUBLIC HEARING 7. Ordinance No. 51-82 - Amending Code - Code Enforcement. 6rdinance No. 51-82, amending Chapter 2 "Administration" of the Code of Ordinances relative to code enforcement, is before Council for considera- tion 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. 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 PRO- VIDING FOR QUALIFICATIONS OF MEMBERS; BY AMENDING SUB- SECTION 2-104(b), "QUALIFICATIONS OF MEMBERS" TO MAKE REFERENCES THEREIN PLURAL RATHER THAN SINGULAR; BY AMEND- ING SUBSECTION 2-104(c), "TERMS OF APPOINTMENT", TO PROVIDE FOR THE INITIAL TERMS OF APPOINTMENT OF MEMBERS; BY AMENDING SUBSECTION 2-104(d), "VACANCIES AND REAPPOINT- MENT", TO PROVIDE THAT A MEMBER MAY BE REAPPOINTED FOR ONE SUCCESSIVE TERM; BY AMENDING SUBSECTION 2-104(e), "FORFEITURE 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 AMENDING SECTION 2-105, "ORGANIZATION OF BOARD", TO CLARIFY ELECTION OF OFFICERS; BY AMENDING SECTION 2-108, "AUTHORITY 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 PROSECUTORIAL AUTHORITY; BY ENACTING SECTION 2-113, "SCHEDULING 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 - 3 - 8/24/82 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 POW- ERS", TO RETITLE SAID SECTION AND TO CLARIFY PROCEDURES FOR ISSUANCE OF SUBPOENAS; BY AMENDING SECTION 2-117, "DECISIONS 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 SPEC- IFIED CIRCUMSTANCES; BY REPEALING SECTIONS 2-119, "INJUNC- TIVE 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 SUPPLEMENTAL", 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. (Copy of Ordinance No. 51-82 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 adoption of Ordinance No. 51-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; V~ce-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 52-82 - Amending Code - Temporary Political Signs. Ordinance No. 52-82, amending Chapter 9 "Buildings and Construc- tion'' of the Code of Ordinances relative to prohibition of temporary political signs, 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. 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", TO EXCEPT CERTAIN TEM- PORARY SIGNS FROM OBTAINING PERMITS; BY AMENDING SUB- SECTION 9-209(e), "CERTAIN SIGNS OR SIGN STRUCTURES PROHIBITED", TO PROVIDE AN EXCEPTION FOR CERTAIN TEM- PORARY POLITICAL SIGNS; BY AMENDING SECTION 9-212, "SPE- CIAL SIGNS", TO ADD A NEW SUBSECTION (E), "TEMPORARY POLITICAL SIGNS", TO SET FORTH CONDITIONS UNDER WHICH CERTAIN TEMPORARY POLITICAL SIGNS MAY BE PLACED; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-82 is on file in the official Ordinance Book) - 4 - 8/24/82 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 adoption of Ordinance No. 52-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA Mr. Perry requested that items 9 and 25 be removed from the consent agenda and moved to the regular agenda. The following items are to be considered by Council as the Consent Agenda: lp. Surplus Property. Council is to consider authorizing ad- vertising surplus property for sale. Approval is recommended. 11. Relocation of Storm Sewer. Council is to consider approv- ing and authorizing execution of an agreement between the City and Wllliam A. Chamberlain relative to relocation of a storm sewer at Delray Toyota, 2001 South Federal. There will be no cost to the City. Approv- al is recommended. 13. Final Plat Approval - Congress Park. Council is to consid- er approving the final plat for Congress Park, located south of Atlantic Avenue between Congress Avenue and the E-4 Canal. This was approved by the Planning and Zoning Board by a 7 to 0 vote. 14. Rezonin~ Request West of S.W. 8th Avenue, between S.W. 12th Street and Dixie Boulevard (California Designs, applicant). Resolution No. 77-82, requesting permission from the Palm Beach County Board of Commlssioners to rezone land to be annexed from RH (Residential Multiple Family) (County) to R-lA (Single Family Dwelling) District (City), is before Councll for consideration. The caption of Resolution No. 77-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH- RESIDENTIAL MULTIPLE FAMILY (HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICATION R-lA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 77-82 is on file in the official Resolution Book) 15. Rezonlng Request - South of Zeder Avenue between S.W. 8th Avenue and S.W. 4th Avenue (R.C. Boos, applicant). Resolution No. 78-82, requesting permission from the Palm Beach County Board of Commis- sioners to rezone land to be annexed from RH (Residential Multiple Family) (County) to RM-10 (Multiple Family Dwelling) District (City), is before Council for consideration. The caption of Resolution No. 78-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH- RESIDENTIAL MULTIPLE FAMILY (HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICATION RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. - 5 - 8/24/82 (Copy of Resolution No. 78-82 is on file in the official Resolution Book) 16. Rezoning Request - South of Royal Palm Drive between Lime Lane and Germantown Road (Simon and Esperanza Yracheta, applicant). Resolution No. 79-82, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RH (Residential Multiple Family) (County) to R-iA (Single Family Dwelling) District (City), is before Council for consideration. The caption of Resolution No. 79-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH- RESIDENTIAL MULTIPLE FAMILY (HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICATION R-lA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 79-82 is on file in the official Resolution Book) 17. Rezoning Request - East of S.W. 8th Avenue between Douglass Avenue and Benjamin Avenue (Michael J. Navilio, applicant). Resolution No. 80-82, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RH (Residential Multiple Family) (County) to R-iA (Single Family Dwelling) District (City), is before Council for consideration. The caption of Resolution No. 80-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH- RESIDENTIAL MULTIPLE FAMILY (HIGH DENSITY) TO THE CITY'S ZONING CLASSIFICATION R-lA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 80-82 is on file in the official Resolution Book) 18. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 82-82, accepting sanitary sewers and water utilities as operational as recorded in the plat of Linton Center, is before Council for con- sideration. The caption of Resolution No. 82-82 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 LINTON CENTER, AS RECORDED IN PLAT BOOK 39, PAGES 8 & 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: S.W. 10TH AVENUE FROM LINTON BOULEVARD TO LINDELL BOULEVARD; LINDELL BOULEVARD FROM GULL ROAD TO A POINT 350' EAST OF EGRET CIRCLE; LINTON BOULEVARD FROM S.W. 10TH AVENUE TO GERMANTOWN ROAD; GERMANTOWN ROAD FROM LINTON BOULEVARD TO S.W. 10TH STREET AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACIL- ITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 82-82 is on file in the official Resolution Book) - 6 - 8/24/82 19. Streets Acceptance. Resolution No. 83-82, accepting instal- lation of streets as recorded in the plat of Linton Center, is before Council for consideration. The caption of Resolution No. 83-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN LINTON CENTER, AS RECORDED IN PLAT BOOK 39, PAGES 8 & 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PRO- VIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 83-82 is on file in the official Resolution Book) 20. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 84-82, accepting sanitary sewers and water utilities as operational as recorded in the plat of Delray Harbor Club, is before Council for consideration. The caption of Resolution No. 84-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS AND WATER UTILITIES INSTALLED IN DELRAY HARBOR CLUB, AS RECORDED IN PLAT BOOK 43, PAGES 36, 37 & 38 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. 84-82 is on file in the official Resolution Book) 2.3. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 87-82, accepting the sanitary sewers and water utilities as opera- tlonal as recorded in the plat of Delray Oaks First Addition, is before Council for consideration. The caption of Resolution No. 87-82 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 DELRAY OAKS FIRST ADDITION, AS RECORDED IN PLAT BOOK 40, PAGES 33 AND 34 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL 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 RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 87-82 is on file in the official Resolution Book) 24. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 88-82, accepting the sanitary sewers and water utilities as opera- tlonal as recorded in the plat of Rainberry Bay, Section 5, is before Council for consideration. The caption of Resolution No. 88-82 is as follows: - 7 - 8/24/82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY BAY SECTION 5 AS RECORDED IN PLAT BOOK 40, PAGE 101 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. 88-82 is on file in the official Resolution Book) 26. Easement Deed - Del-Harbour Subdivision (Alfred J. Squitiri). Accepting a 12 foot easement deed, is before Council for consideration. The City, by adoption of Resolution No. 89-80, vacated a 12-foot drain- age easement between Lots 29 and 30, Del-Harbour Subdivision, subject to the owner providing another easement deed. Approval is recommended. Mr. Blair moved for approval of the Consent Agenda, with the exception of items 9 and 25, seconded by Mr. Perry. Said motion passed unanimously. REGULAR AGENDA 9. Developers Utility Service Agreement - Gulfstream 300 Part- nershlp Ltd. Council is to consider an agreement between the City and Gulfstream 300 Partnership Ltd. for sewer service to 1171 North Ocean Boulevard, Gulfstream. $1,500 ($62.50 x 24 units) will be paid to the City at a time spelled out in the agreement. Approval is recommended. Mr. Perry moved to approve and authorize execution of an agreement between the City and Gulfstream 300 Partnership Ltd. for sewer service, seconded by Mr. Blair. Said motion passed unanimously. 12. Conditional Use, Site and Development Plan Approval Exten- sion-Old Harbour. Council is to consider approving a conditional use, site and development plan extension for Old Harbour, located at the northwest corner of Linton Boulevard and the Intracoastal Waterway for one year until March 22, 1984. The present approval expires March 22, 1983. Mr. Richard Siemens stated the reason he had asked for this item to be pulled is that he had appeared before the Planning and Zoning Board and asked for an extension of two years for this site plan ap- proval. He feels that a lengthy extension is needed because of the current economic conditions and the size of the job. The Planning and Zoning Board decided that it would be appropriate to grant a one year extension. Since that meeting he has done some research on the history of extensions and they are generally the same length of time as the original approval. In his particular case it was eighteen months and he is requesting that Council consider an eighteen month extension rather than the one year extension granted by the Planning and Zoning Board. Mr. Blair moved to approve an extension of eighteen months, seconded by Mr. Jackel. Said motion passed unanimously. 25. Beach Area Protection. Resolution No. 89-82, authorizing the submittal of an application to the State of Florida Department of Natural Resources requesting funds relative to protecting the beach and dune area, is before Council for consideration. The caption of Resolution No. 89-82 is as follows: - 8 - 8/24/82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICA- TION TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RE- SOURCES REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: A MAINTENANCE NOURISHMENT PROJECT, MON- ITORING THE MAINTENANCE NOURISHMENT PROJECT, AND TO IMPROVING AND PROTECTING THE BEACH AREA AND DUNE, WITH DUNE OVERWALKS AND OTHER NECESSARY ACTIVITIES, ALL AS MORE FULLY SET FORTH IN THE APPLICATION. (Copy of Resolution No. 89-82 is on file in the official Resolution Book) Mr. Perry stated that although the City needs the funds and renourlshment he would like to see some guarantee for the future so that they have a freer hand and not have to go through this situation in another ten years. The City Attorney stated that this particular application contains within it certain stipulations which state that, by accepting those funds, the City will obligate itself to provide permanent public access to the beach and provide access equally to all members of the public. Vice-Mayor Bird stated that passage of this resolution is an applIcation for funds and if the contract comes through Council can then decide whether or not to accept it. He feels there is an opportunity of addressing the issue by going back, submitting a modification and seeing if it is accepted. Council can always say no but he does not feel it is appropriate to say no at this time as there is a large amount of money involved. Mr. Perry moved for adoption of Resolution No. 89-82, sec- onded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 27. Refuse Collection Contracting. Vice-Mayor Bird stated he had asked that this item be put on the agenda because he felt that, after some research, there are methods of obtaining adequate garbage collection and agencies who will do back-door and front-yard pick up at a price less than the City currently charges. He would like to see the City in a position to enter into contract by the end of the year. The City Manager stated he believes they can prepare spec- iflcations acceptable to Council and the public providing for various service levels. He feels it would be rushing Council to look for a letting of the bid by the end of the year. However, they can be looking at an acceptance of the specifications and an authorization to bid. Mr. Perry stated that Council has already committed itself to a test of the containerized service. He feels that it should be given a chance to get underway and done, then they can look back over it to find out if it gives the hopeful results. If full preparations are made for a contracted service, he does not see how the containerized service can be given a chance. Mr. Blair stated that he would like to see this item moving ahead. He feels the containerized service is fine and there are prob- ably areas that are going to want it. As they bid out, he would like the other types of service added into the specifications to find out what prices they would charge for different types of service. Mrs. Nettie Durante, 2750 Ponce de Leon Boulevard, stated she has heard that the City is going to insist that people put their garbage out to the front of their homes. She lives alone and cannot see how she will be able to carry her garbage out to the front yard. - 9 - 8/24/82 Vice-Mayor Bird stated that in his opinion there are dif- ferent areas in the City who will want the best possible basic service at the lowest price and others who will want their garbage picked up for them. The City has entered into contractural relationships with outside collectors for High Point and Country Manors. That may be the solution Council comes to or they may decide to hire a single contractor to do the entire City, but to offer different levels of service in various segments. The Assistant City Manager explained when the containerized pickup service will be put into operation, the length of time it will run for and what areas of the City will be affected. 28. Appointments - 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. Mr. Perry moved to appoint Robert Currie and Gerald Turner as regular members to the Community Appearance Board to terms ending August 25, 1984, seconded by Mr. Blair. Said motion passed unanimously. 29. Appointments - Contractors Board of Examiners. Council is to consider the appointments of two regular members to the Contractors Board of Examiners to terms ending August 27, 1985. Sam Ogren and William Collins are willing to accept another three-year term if re- appointed. Mr. Blair moved to appoint Sam Ogren and William Collins as regular members to the Contractors Board of Examiners to terms ending August 27, 1985, seconded by Mr. Perry. Said motion passed unanimously. 31. Exchange of Property between the City and Arvilla Corpora- tlon. Council is to consider reaffirming the agreement to authorize the exchange of real property between the City and Arvilla Corporation for portions of Lots 17 and 18, Block 1, Ocean Park. The City Attorney reported that Resolution No. 94-79 au- thorized the exchange of this property. However, the exchange never took place as the piece of property the City was to acquire had on it certain incumberances which were unacceptable to the City Attorney's office. They are apparently now in the process of clearing those incum- berances. However, he was not willing to go through with the transaction until Council gave further assurance that this was still acceptable. In addition all the real property matters had to be updated at the expense of Arvilla Corporation. They have agreed to pay the expenses and based on that he would recommend that Council ratify the prior action of approving Resolution No. 94-79. Mr. Perry moved to ratify the prior action of approving Resolution No. 94-79, seconded by Mr. Blair. Said motion passed unan- Imously. 33. Rezoning Request - West of Military Trail between the L-32 Canal and Rockland Park Subdivision (American Freight System, applicant) Resolution No. 81-82, requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CG (General Commercial) (County) to R-1AA (Single Family Dwelling) District (City), is before Council for consideration. The caption of Resolution No. 81-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG- GENERAL COMMERCIAL TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. - 10 - 8/24/82 The City Attorney stated that Council policy adopted for- mally quite some time ago was to the affect that they would not annex any properties which were lying west of the centerline of Military Trail. By passing this resolution they will be changing their policy. Mr. Perry stated that this land seems to be an excellant rateable. The City has already extended water service to them and he cannot see what expenditure the City may have. He feels that as the City has already set up an annexation reserve line west of Military Trail, the time has come to look at this very positively. Mr. Mike McDaniel, Planning Director, stated that before the City starts annexing property west of Military Trail they have to find out if they have the water capacity to service the area. If there is enough water to service it, then he feels there is nothing to prohibit the City from annexing to the extent of their reserve area. By annexing this particular piece of property it does change policy and set prec- edence. Mrs. Alice Finst, 707 Place Tavant, stated that in the past when any requests for annexation west of Military Trail have come before Council their policy has been not to discuss it. Vice-Mayor Bird stated that part of the concern, when that policy was established, was that it made more sense to have a geograph- ical boundary where you knew where the City of Delray Beach was going to ~ermlnate on the western boundary. Mrs. Phyllis Plume, Planning and Zoning Board member, stated that when this request came before the board it was one of a large package of properties contiguous to the City which were receiving water and could be annexed. At that time they did not realize that this particular property was west of Military Trail. Mr. Blair moved to adopt Resolution No. 81-82, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Vice-Mayor Bird - No. Said motion failed with a 4 to 0 vote. 34. Ordinance No. 53-82 - Amending Code - Water and Sewers. Ordinance No. 53-82, amending Chapter 29 "Water and Sewer" of the Code of Ordinances to amend the definition of residential dwelling units, is before Council for consideration on First Reading. Effective date, April 1, 1982 retroactively. The City Manager presented Ordinance No. 53-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 29-18(a)(1), "RATES", TO AMEND THE DEFINITION OF RESIDENTIAL DWELLING UNITS; 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. 53-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 35. Ordinance No. 54-82 - Amending Code - Water and Sewers. Ordinance No. 54-82, amending Chapter 29 "Water and Sewer" of the Code of Ordinances relative to water service rates based on certain customer, capacity and commodity charges, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 54-82: - 11 - 8/24/82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION I, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-18, "RATES", TO PROVIDE FOR WATER SERVICE RATES, FOR BOTH RESIDENTIAL AND NON- RESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CUSTOMER, CAPACITY AND COMMODITY CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 54-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 36. Ordinance No. 55-82 - Amending Code - Water and Sewers. Ordinance No. 55-82, amending Chapter 29 "Water and Sewer" of the Code of Ordinances relative to rates and charges for sewage on certain cus- tomer, capacity and commodity charges, is before Council for considera- tion on First Reading. The City Manager presented Ordinance No. 55-82: 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 I, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-63, "SERV- ICE RATES AND CHARGES IMPOSED", BY AMENDING SUBSECTIONS 29-63(a), "RESIDENTIAL DWELLING UNITS", AND 29-63(b), "NONRESIDENTIAL/ COMMERCIAL UNITS", TO PROVIDE 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; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 55-82 on F~rst Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 37. Ordinance No. 56-82 - Amending Code - Dockage at City Marina. Ordinance No. 56-82, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to rates and charges for dockage at the City Marina, is before Council for consideration on First Reading. The C~ty Manager presented Ordinance No. 56-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS AND BOATING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8-43, "DOCKAGE RATES", PROVIDING FOR RATES AND CHARGES FOR DOCKAGE AT THE CITY MARINA; 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. 56-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. - 12 - 8/24/82 38. Ordinance No. 57-82 - Amending Code - Utilities Tax. Ordi- nance No. 57-82, amending Chapter 25 "Taxation" of the Code of Ordi- nances relative to a 7.5 percent utilities tax, is before Council for consideration on First Reading. Effective date January 1, 1983. The City Manager presented Ordinance No. 57-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION", ARTICLE III, "UTILITY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 25.23, "LEVIED; PURCHASER TO PAY", TO PROVIDE FOR A 7.5 PERCENT UTILITY TAX TO BE LEVIED UPON AND COLLECTED FROM USERS OF CERTAIN ENUMERATED UTILITY SERVICES, INCLUDING ELECTRIC- ITY, METERED AND BOTTLED GAS, AND LOCAL TELEPHONE SER- VICE; 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. 57-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 39. Ordinance No. 58-82 - Amending Code - Cemetery. Ordinance No. 58-82, amending Chapter 10.5 "Cemeteries" of the Code of Ordinances relative to rates and charges, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 58-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10.5, "CEMETERIES", ARTICLE II, "RULES AND REGULATIONS GOVERNING DELRAY BEACH CEMETERY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING DIVISION 2, "PLOT OWNERSHIP AND MAINTENANCE", BY REPEALING SECTION 10.5-42 "PLOT PRICES", AND ENACTING A NEW SECTION 10.5-42 "PLOT PRICES", TO PROVIDE FOR RATES AND CHARGES TO BE COLLECTED FOR INFANT PLOTS AND ADULT PLOTS FOR RESIDENTS AND NON- RESIDENTS; BY AMENDING DIVISION 3, "INTERMENT, DIS- INTERMENT AND REMOVAL", BY AMENDING SECTION 10.5-66 "SERVICE CHARGES", TO PROVIDE FOR RATES AND CHARGES TO BE COLLECTED FOR INTERMENT AND DISINTERMENT FOR RESIDENTS AND NONRESIDENTS, FOR SURCHARGES COLLECTED FOR SATURDAY AND HOLIDAY WORK, AND FOR PAYMENT OF CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel stated that he does not feel the rates should be increased at the cemetery. However, he would be willing to adopt the new rates and in the near future sell it and have it operated privately. Mr. Perry stated that the cemetery is a disgrace. It does not have the basic services other cemeteries do, it is neglected and the general appearance makes him unable to accept the new rates at this time. Mr. Blair moved for the adoption of Ordinance No. 58-82 on First Readlng, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Vice-Mayor Bird - Yes. Said motion passed with a 3 to 1 vote. 40. Ordinance No. 59-82 - Amending Code - Charges for Garbaqe and Trash. Ordinance No. 59-82, amending Chapter 12 "Garbage and Trash" relative to rates and charges for garbage and trash, is before Council for consideration on First Reading. - 13 - 8/24/82 The City Manager presented Ordinance No. 59-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-15, "CHARGES LEVIED", PROVIDING FOR RATES AND CHARGES TO BE LEVIED UPON USERS, BASED ON CERTAIN CHARGES FOR RESIDEN- TIAL DWELLING UNITS, OFFICES, COMMERCIAL AND OTHER USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager stated he would like to change his recom- mendation from approval to denial. Mr. Blair moved for the adoption of Ordinance No. 59-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Vice-Mayor Bird - No. Said motion failed with a 4 to 0 vote. 41. Ordinance No. 60-82 - Amending Code - Yard Service Trash Fee. Ordinance No. 60-82, amending Chapter 12 "Garbage and Trash" to repeal the provision exempting commercial landscaping or lawn maintenance businesses from paying the disposal fee for trash generated by their activities, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 60-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-2, "VIOLATIONS, PENALTIES", TO DELETE THE PROVISIONS REGARD- ING PENALTIES FOR FALSIFIED STATEMENTS, AND TO RELETTER SUBSECTION (c); BY AMENDING SECTION 12-21, "RESPONSIBIL- ITY FOR TRASH COLLECTION", TO REPEAL THE PROVISION EX- EMPTING COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSI- NESSES FROM PAYING THE DISPOSAL FEE FOR TRASH GENERATED BY THEIR ACTIVITIES; BY AMENDING SECTION 12-22, "FEES FOR USE OF CITY TRANSFER STATION", TO ELIMINATE THE REFERENCE TO SECTION 12-21; 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. 60-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 42. Ordinance No. 61-82 - Amending Code - Flood Insurance. Ordinance No. 61-82, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances by adopting the flood insurance study and the flood insurance rate map revised and effective September 30, 1982, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 61-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XII, "FLOOD HAZARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADOPTING THE FLOOD INSURANCE STUDY FOR THE CITY OF DELRAY BEACH, FLORIDA, DATED MARCH 31, 1982, AND THE FLOOD INSURANCE RATE MAP, REVISED AND EFFECTIVE SPETEMBER 30, 1982; BY AMENDING SECTION 9-416, "DEFINITIONS", TO DELETE THE DEFINITION OF "HABITABLE FLOOR" AND TO ADD THE DEFINI- TIONS OF "FLOOR" AND "COASTAL HIGH HAZARD AREA"; BY - 14 - 8/24/82 AMENDING SECTION 9-421, "BASIS FOR ESTABLISHING AREAS OF SPECIAL HAZARD", TO SHOW THE ADOPTION OF THE FLOOD INSUR- ANCE RATE MAP AS REVISED AND EFFECTIVE SEPTEMBER 30, 1982; BY AMENDING SECTION 9-435, "DUTIES OF OFFICIAL", TO ADD NEW SUBPARAGRAPH (k) REQUIRING CERTIFICATIONS IN COASTAL HIGH HAZARD AREAS; AND A NEW SUBPARAGRAPH (1) TO REQUIRE PLANS FOR ADEQUACY OF BREAKAWAY WALLS IN COASTAL HIGH HAZARD AREAS; BY AMENDING SECTION 9-449, "SPECIFIC STANDARDS", TO ADD SPECIFIC REQUIREMENTS AND STANDARDS FOR COASTAL HIGH HAZARD AREAS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 61-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 43. Manhole Repairs - Country Manors. Change Order No. 1, increasing the contract price by American Underground in the amount of $3,500 for a total net contract price of $11,200, is before Council for consideration. This change order is for replacement of a manhole orig- inally planned for repairs. Approval is recommended. Mr. Perry moved to approve Change Order No. 1, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Perry stated that this figure is almost 50% of the original bid and he cannot understand why a manhole which was put in less than ten years ago is having to be replaced. Mr. Leonard Syrop, stated that there are a number of man- holes in the City which are in very bad condition and feels that the inspection department has been negligent. He asked whether they inspect them after the developer covers them up or before. Gates Castle, stated that from inspections today there is no way you can tell, in some of the areas, what is going to happen within the next few days if the subsurface conditions are bad. The City in- spects them after they are put in place. There are engineers who are contracted by the large developers to provide inspection on the site during construction and the City is then called out, at which time everything is supposedly acceptable. Mr. Blair stated that he feels it may be wise for the City Manager to instruct the City Engineer to look into this situation and have inspections before the manholes are completed. Vice-Mayor Bird suggested that the Administration make a statistical study to find out if there is any particular engineer whose work seems to be more susceptible to these problems than another engine- erlng firm. Gates Castle, stated that the Public Utilities department has now set up a procedure so that when the engineer of record states that a system is ready they go out and inspect it. The one year war- ranty starts once it is accepted and the developer is responsible for any maintenance on the system. At the end of the one year the Public Utilities Department is notified by the Engineering Department that the warranty is coming up and the bond will be released. They then go out and inspect it again to make sure everything meets City standards. At this point the roll was called to the motion. Vice-Mayor Bird declared the meeting adjourned at 9:20 P.M. - 15 - 8/24/82 Asst. C'itY ~lerk 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 August 24, 1982, which minutes were for- mally approved and adopted by the City Council on ~~~t//~>~ Asst. C:i-t7 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 Deen reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 8/24/82