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12-07-82 DECEMBER 7, 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, December 7, 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 Blanchard Romaine of First Presbyterian 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 the regular meeting of November 23, 1982, seconded by Mr. Blair. Said motion passed unanimously. 5.a. Mr. Lester Shaikun, Rainberry Woods, inquired as to the status of Highland Beach paying their sewer bill. Mr. Dave Huddleston, Finance Director, stated that they are still trying to arrange for two members of the consultants to be avail- able and, hopefully, there will be a meeting Thursday or Friday; if not it will be held the first part of next week. Mr. Shaikun stated that he feels there should be no com- promise made with Highland Beach; why should the residents of Delray Beach be paying higher bills when Highland Beach is getting away with paying less. 5.b.1. Mr. Perry stated that before the City decides on contracting out for garbage and trash they should determine what areas are going to get what services, to what extent and whether the residents are willing to pay for the kind of services they want. 5.b.2. Mr. Bird stated that regarding the beach project which was discussed at last week's special meeting he would like to submit to the Administration, for estimated costs, the following items: 1. Widening of the sidewalk on the east side of A-1-A by at least 3', the length of the Public Beach. 2. Construction of a handicap observation platform at the east end of the concrete ramp which is located immediately south of the Pavilion Plat- form at the head of Atlantic Avenue. 3. Improvements to the drainage in the area. 4. Trim seagrape at Atlantic Dunes Park so that ocean may be viewed by citizens seated on the Pavilion Deck. Mr. Bird stated that he would like to add these four items to the master plan for the beach, find out how much they would cost, what time frame is involved to accomplish them and have this brought back to Council as a policy matter as soon as possible. Mr. Blair stated that he has spent some time at the beach and one item Mr. Bird did not mention is regarding the dune crossings. There are pipes and electrical wires showing at the foot of the concrete ramps where the sand has been kicked away. He suggested that maybe wood decks with handrails could be placed there to prevent this from getting worse. Regarding the drainage in the area he feels that if french drains were placed in sections along the grass area this would help the water along A-1-A. 5.b.3. Mr. Jackel stated that during the discussion of the 1982-83 budget, several Council members advised the Administration to hold a number of employees to their existing level; namely 516. The budget which was passed called for 546 full time positions leaving 30 open slots. As of December 3rd there are only 20 vacant positions leaving the possibility that by the end of the fiscal year all positions will be taken, which is contrary to the wishes expressed by Council. Using figures supplied by the Finance Department these 20 positions amount to approximately $330,000. Allowing for the hiring of two or three people at an amount of $80,000 this leaves $250,000 in unused personnel which could be better used by the City for capital improvements. Mr. Jackel moved that the City Council instruct the City Manager to revise the 1982-83 budget immediately, transferring $250,000 from personnel funds to a special capital improvement fund, seconded by Mr. Bird. Said motion passed unanimously. 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. Jackel requested that item 8 be removed from the consent agenda and placed on the regular agenda. Mr. Bird moved for agenda approval with the exception of item 8 to be removed from the consent agenda and placed as first item on the regular agenda, seconded by Mr. Jackel. Said motion passed unani- mously. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 7. Request for Solicitation of Funds - The American Cancer S--~ciety. Council is to consider approving solicitation of funds from March 6 through March 26, 1983. Approval is recommended. 9. Accepting the Assessment Roll - S.E. 1st Avenue between S.E. 8~h Street and S.E. 9th Street. The paving of S.E. 1st Avenue between S.E. 8th Street and S.E. 9th Street has been completed. The total project cost is $21,947.20. The property owners' share (80%) is $17,557.76 and the City's share (to come from the Special Assessment Fund) is $4,389.44. Council is to consider accepting the assessment roll. Approval is recommended. Mr. Jackel moved for approval of the Consent Agenda with the exception of item 8, seconded by Mr. Blair. Said motion passed unani- mously. REGULAR AGENDA 8. Conditional Use Approval Extension - Seacrest Hotel. council is to consider a request for a conditional use approval exten- sion for one year to February 11, 1984, for Seacrest Hotel, located at the northwest corner of A1A and East Atlantic Avenue. The Planning & Zoning Board recommended approval by a 6 to 0 vote, subject to the following conditions: - 2 - 12/7/82 1. City Manager's letter to William J. Walsh of August 13, 1981 containing the conditions of the original approval. 2. Planning Director's letter to Joel Barham of November 5, 1982 containing conditions of the site plan modification approval. Mr. Jackel stated that a short time ago the blueprints for the Seacrest Hotel were modified slightly and turned down by the Build- ing Official; one of the reasons being insufficient accessibility. He questioned whether or not these problems have been taken care of. The City Manager stated that the problem Mr. Jackel is referring to involved the building itself and obtaining building per- mits. This item refers to the site plan and there is no problem with that. Before a building permit can be issued all problems have to be resolved so that the question of accessibility will be corrected before a permit is issued. Mr. Bird moved to approve conditional use extension, sec- onded by Mr. Blair. Said motion passed unanimously. 10. Risk Management Retainer Services. Council is to consider authorizing execution of an agreement between the City and E.W. Siver & Associates, Inc., relative to risk management retainer services. Ap- proval is recommended. Mr. Perry moved to authorize execution of an agreement, seconded by Mr. Blair. Said motion passed unanimously. 11. Appointment - Community Appearance Board. Council is to consider the appointment of an alternate member of the Community Appear- ance Board to the unexpired term of James Towery, ending August 25, 1983. Mayor Young stated that it has been suggested by the Chair- man of the Community Appearance Board that Mr. Mike Caistor be appointed as an alternate member. Mr. Bird moved to appoint Mr. Mike Caistor as an alternate member of the Community Appearance Board to the unexpired term of James Towery, ending August 25, 1983, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call Mr. Perry stated that at the last regular meeting this item was tabled until it was determined whether or not Mr. Caistor lived in Delray Beach. He feels that Council should get to know the people who are being appointed and what their qualifications are before accepting suggestions from the Boards. Although he tried to contact Mr. Caistor his calls were never returned; therefore, he would like to submit-the name of Digby Carswell Bridges, Architect, who he has spoken to and feels would be suitable for the position. Mr. Blair stated that in the past he has served on several boards and feels that the board should have some input as to who is going to be appointed. At this point the roll was called to the motion. 12. Repairs - Seaboard Coastline Railroad at S.W. 10th Street. Council is to consider authorizing the repair of the Seaboard Coastline Railroad crossing at S.W. 10th Street at an estimated cost of $22,500, with funds to come from the 1982-83 resurfacing budget. Approval is recommended. Mr. Perry moved to authorize repair of the railroad cros- sing, seconded by Mr. Jackel. Said motion passed unanimously. - 3 - 12/7/82 13. Irrigation System at Public Works Complex. Resolution No. 'i10-82, authorizing the award of a contract for irrigation materials to the low bidder, Boynton Pump, in the amount of $4,188.84; award of a contract for well installation to the low bidder, Maxson Brothers, in the amount of $20.00/ft $1,300-$4,000; award of a contract for ditch witch rental to one of the three companies available at time needed, with funds to come from the Public Works Complex Project, is before Council for consideration. The caption of Resolution No. 110-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF CONTRACTS TO PURCHASE IRRIGATION MATERIALS, INSTALL A WELL, AND RENT EQUIPMENT AS NEEDED IN ORDER THAT THE CITY'S CREW MAY BEGIN TO INSTALL THE IRRIGATION SYSTEM AT THE PUBLIC ~RKS COMPLEX, LOCATED AT 434 SOUTH SWINTON AVENUE, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 110-82 is on file in the official Resolution Book) Mr. Blair moved for adoption of Resolution No. 110-82, 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. 14. Ordinance No. 106-82 - Zoning Ordinance Amendment - Building Setbacks. Ordinance No. 106-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building setbacks, is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 11, 1983. The City Manager presented Ordinance No. 106-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SECTION 30-6 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT" (F) BUILDING SETBACKS; SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT" (F) BUILDING SETBACKS AND SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DIS- TRICT'' (F) BUILDING SETBACKS AND ENACTING NEW SECTION 30-6(F), SECTION 30-7 (F) AND SECTION 30-8 (F) RELATIVE TO ESTABLISHING SPECIAL SETBACKS FOR MULTIPLE FAMILY STRUCTURES WHEN ABUTTING A SINGLE FAMILY DISTRICT; PRO- VIDING 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. 106-82 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. 15. Ordinance No. 107-82 - General Employees Pension Plan. Ordinance No. 107-82, designating the Sun Bank as Successor Trustee for the General Employees Pension Plan providing for the amendment of retire- ment trust, is before Council for consideration on First Reading. If passed, Public Hearing will be held on December 14, 1982. The City Manager presented Ordinance No. 107-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUN BANK, N.A., AS SUC- CESSOR TRUSTEE FOR THE GENERAL EMPLOYEES PENSION PLAN, AS SET FORTH IN CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES"; PROVIDING FOR AMENDMENT OF THE RETIREMENT TRUST FOR EMPLOYEES OF THE CITY OF DELRAY BEACH RELATIVE TO RETENTION AND INVEST- MENT OF TRUST ASSETS; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. - 4 - 12/7/82 The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 107-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 16. Discussion of refuse cart pilot pro~ram. Mr. Bird read into the minutes his memorandum of December 7, 1982. "1. The follow-up which was conducted by me during the past four days has lead me to the following conclusions based upon a scientific sampling within the original test area: A. That the statistical inference drawn by Staff was approximately correct. That is, that most citizens wanted containers provided. Since the only container discussed was the cart, they wanted carts. B. The citizens which I spoke with were mixed in their view of carts when given a choice of other types of containers. The objections to carts were, in addition to size and weight, the fact that children played with and in the containers. Regular 30 gal. containers with tops were an acceptable solution to the majority. C. Discussion was also held regarding the place- ment of more 4 yd. dumpsters." Mr. Bird stated that his recommendations are that (1) the City end the test of the carts in that area at this point, (2) the carts not yet be returned pending a more complete investigation and (3) that containers be placed in the neighborhoods where despite the use of wheel carts there are still trash piles. Apparently the amount of trash in these areas is exceeding the cart capacity and maybe some centrally located dumpsters could be placed on vacant lots. Mr. Perry stated that he feels they have not given the roll- out carts enough time and maybe they could have arrived at better re- sults if they had had the correct equipment. Mr. Bird stated that he did not consider whether or not the equipment was appropriate or not because he did not feel, from a cit- izen's standpoint, that they cared how the truck picked up the carts. Mr. Blair stated that he had the opportunity to be out in the neighborhood where they are testing the carts. He was surprised to notice that people were rolling out the carts early in the morning and he made it a point to ask them how they liked the carts. Of approx- imately 25 people he only heard one complaint about the carts from an elderly woman who did not like to roll them out by herself. He felt that they were pleased to have some kind of unified container service and that it helped the community. Mr. Perry inquired as to what the City intends to do with the carts; discontinue the test but not return the containers, stockpile them back into the City yard or leave them where they are now and con- tinue collecting but not as a test. The City Manager replied that the cost to the City would be less to leave the carts where they are. If they are going to store the carts, they are still obligated to pay rental on them. He feels it would be easier to leave them in place. Mayor Young stated that he feels the test should be ceased but the specifications, as and when they are drawn up, should contain for certain areas the use of the carts. - 5 - 12/7/82 Mr. Bird stated that if Council is going to make a policy decision concerning what kind and level of service they are going to provide then they should ask the City Manager for any necessary data and be prepared to make a decision within the next few weeks. Mr. Perry suggested that the containers be left on site, continue business as usual, forget the test aspect and continue col- lecting until they come to a determination as to what they are going to do. If they bring the carts back to the City yard and stock pile them they are going to be taking up valuable space. The City Attorney stated that the agreement the City has with the current lessor of the carts is that if the City decides to use the 90 gallon carts they have agreed to purchase them from that contrac- tor. Kathy Sumrall, representing the Clean Community System, stated that when the CCS was deciding whether or not to recommend the cart program they did some research and one thing they liked about the carts was that you could put trash into them. For years the residents of Delray Beach have been told that they cannot put any trash in with their garbage. She feels there are a lot of people who do not realize that you can put trash into these carts. If the southwest test area is allowed to continue with the carts the CCS could inform the residents on how to use the carts and what is allowed to be put into them. Mrs. Sumrall added that she believes there are about 200 carts in storage and not being used. Speaking for herself and not the CCS, she would like to know how Council is going to decide what kind of service the areas that have not had the test program are going to re- ceive. She feels that the 200 carts in storage could be tried out in a small area of the northwest section of town which would allow the res- idents in that area to try them out and see if they would like that type of service. Mr. Fred McCoy, Chairman of the Neighborhood Strategy Area Review Committee, stated that they have spoken to people in the north- west area as well as the southwest area as to how they feel about the carts and their feeling is that it is an improvement to the community. Mr. Perry moved that they leave the containers in place, continue collecting until Council comes up with a solution as to what they intend to do, seconded by Mr. Bird. Said motion passed unani- mously. Before roll call Mr. Bird stated that people should under- stand that because of the cost of the cart, the cost of the collection of garbage may not drastically change in the areas where carts are used. Mr. Marty Reddin~ton, 642 Ibis Drive, stated that he con- ducted his own survey in Tropic Palms to find out when people are going to put the carts away; there were 22 carts still on the curb by after- noon. The following day he went around the same area and there were still 14 carts out. He suggested that if they are going to have the carts there should be an ordinance as to how long the carts can be left at the curb. Mrs. Sumrall advised that a number of carts had been removed from this area by the City since some of the properties were vacant. At this point the roll was called to the motion. Mr. Bird stated that if Council is going to determine what level of service is going to be imposed upon the citizens, they should get some input from the citizens not only on this subject but also other options. This should be done soon so they can prepare a map and show what is going to be proposed. He agrees with what Kathy Sumrall stated regarding additional exposure of the carts to people who have not had a chance to use them. This would also allow Council to get more valuable input. - 6 - 12/7/82 Mr. Bird moved that the City Administration be authorized to conduct a test north of 4th Avenue, west of Swinton Avenue, with 200 containers, to obtain some additional citizen input and an opportunity for the Clean Community System to work with a different segment of the population, seconded by Mr. Jackel. Said motion passed unanimously. 17. Appointment - Metropolitan Planning Organization Represent- ative. Council is to consider the appointment of a Council Member to serve on the Metropolitan Planning Organization as a replacement for Mayor Young. Mr. Bird stated that two years ago Governor Graham delin- eated who the representatives to the Metropolitan Planning Organization would be. He does not know if any members of Council are empowered to change that. Mayor Young stated that for the benefit of making it pos- sible for them to have a quorum he would like an alternate appointed. Mr. Blair moved to appoint Mr. Bird as an alternate to serve on the Metropolitan Planning Organization, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Abstained; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote, Mr. Bird abstaining. Mayor Young declared the meeting adjourned at 9:00 P.M. ATTEST: ~ City Clerk 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 December 7, 1982, which minutes were formally approved and adopted by the City Council on Q~i.~. /~./~P ~ . 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. - 7 - 12/7/82