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09-22-81 SEPTEMBER 22, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, September 22, 1981, with Mayor Leon M. Weekes, presiding and City Mana- ger J. Eldon Mariott, City Attorney Roger Saberson, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Dr. Mary Kupferle, Unity of Delray. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of September 8, 1981, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Bird moved that items 8.a., 8.b., 8.1. and 8.m. be moved to follow item 5 on the agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 5.a. Mr. Alfred Straghn, 26 S.W. 5th Ave., read into the record a letter from the citizens of Delray Beach to City Council regarding Civil Service. (Copy is attached). Mayor Weekes asked that the City Manager place this item on the next workshop agenda. 8.a.b.l.m. Mayor Weekes stated that this meeting tonight is to consider the budget and the millage for the City of Delray Beach. It has nothing to do with tax assessments or appraisals because that is not a function of the Delray Beach City Council;.that is a function of the Property Appraiser's office. It has nothing to do with the County School Board millage or the Palm Beach County millage. It has solely to do with the millage for the City of Delray Beach. He requested that the public keep their remarks confined to that framework. He advised that prior to this meeting tonight Council took the budget, which was presented to them by the Administration, and asked that it be reduced $700,000 from 7.7 mills to 7.0 mills; that has been done. The 7 mills represents 5% over the property appraiser's rollback millage for this City. The City Manager reported that the primary reasons for the increase of approximately 5% over the rollback is due to growth of the City, the addition of police personnel and other additional law enforce- ment expenses, the addition of fire personnel, fire apparatus, the addition of paramedic personnel and the inflation rate. In addition, there are a number of smaller miscellaneous reasons. A public hearing was held on the City budget and millage having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Don Doornbos, 2320 Spanish Trail, stated that if the budget is still 5% over the rollback rate then they must find a way to bring the spending down. Mr. Martin McGrath, 832-B High Point Drive West, objected to his taxes being doubled. Mr. Hugh Delfs, 277-D High Point Court West, objected to his assessed valuation which went up $15,000 and resulted in a $47 tax in- crease. Mr. Alfred Straghn objected to the fact that Delray Beach did not include the Title 20 Plan in its budget while Boca Raton and Boynton Beach did include it. He also objected to the fact that Council member Durante recommended $30,000 separation pay for the City Manager to help one family while there are over 100 families that need help. Mr. Straghn after the meeting. Mr. William E. Smith, Jr., on behalf of High Point Section 7, objected to the millage rate; they feel it should be lower than 7. Mrs. Elizabeth Matthews, representing Beach Property Owners Association, discussed the County hearing which she attended last night. She suggested that efforts be made for tighter management in the City. Mr. Sam Schwimer, 1061 Orange Terrace, stated that the City needs to have a study made of the entire City operation from top to bottom to see if they can reduce the costs to the people. Mr. Charles Carmen, 956 Fern Drive, objected to the large tax increase. Ms. Betty Malicoat, 3010 Jasmine Court, objected to her tax bill which increased 40%. She also objected to the fact that the en- trance to her home was shut off with a median strip and there are chuck holes one foot deep on the road she has to take. Mayor Weekes replied that they will look into the problem of the chuck holes. Mr. Sam Port~ay, on behalf of High Point Section 6, objected to the fact that their section was taxed from 55% to 100% above last year. Mr. George H. Frich, 2900 Florida Boulevard, objected to the assessed valuation and the taxes on his property. He also objected to the fact that this meeting was held in this room which is not equipped for a large crowd. The City Attorney replied that, by Charter, this meeting has to be held in the Council Chambers. Mr. Henry Rafalko, 3324 Lakeview Drive, objected to the tax increase. Ms. Susan Hostetler, 1522 Audubon Boulevard, objected to the tax increase. Upon question by Mr. Rafalko, Mayor Weekes replied that they can only discuss City business at this meeting, not County business. Mr. Bernie Hanus, 3225 Lakeview Boulevard, presented City Council with a petition signed by members of his community protesting the property assessments placed on their homes in the Lakeview area. Mr. Ed Turznik, 4540 N.W. 3rd Court, objected to his taxes being doubled. Mrs. Alice Finst, 707 Place Tavant, objected to the fact that Delray Beach's costs are greater for services than Boynton Beach's and asked what happened to all the contract services which Council discussed. She suggested that City Council have the City Manager put the millage back to the rollback millage and let him work the budget out from there. Mr. Preston Wright, 324 N.W. 3rd Avenue, stated that the tax increases are caused because there is incompetency in the different departments of the City, particularly in the police department. Mr. Maurice Klinqer, 1050 Citrus Way, agreed that tighter management is needed within the City. Mrs. Rosetta Rolle, 301 N.W. 3rd Avenue, stated that she has been asking the City for two years to do something about Catherine Strong Center. Mr. Roger Shaul, 220 Andrews Avenue, objected to his taxes being increased by 50%. - 2 - 09/22/81 Mr. Dominic Baccarelli objected to the high taxes, senior cit2.zens having to pay school taxes and the increase in service costs; garbage, electricity, meters on the beach. Ms. Rita Shaikun, 5147 N.W. 6th Court, objected to Proposal ~1 on today's referendum election and asked why the City didn't buy that land years ago when property was cheaper. She complained of mismanage- ment within the City and asked what became of the contract services the City was supposed to look into. Mr. Lawrence Greene, 3724 Sherwood Boulevard, stated that at the federal level, the President and Congress are working hard to try and cut the budget and cut government spending. He objects to the fact that on the local level, the City is doing just the opposite, increasing the budget and increasing government spending. Upon question by Mr. Charles Ramage of High Point, Mr. ff~ddleston replied that the new budget is about $23,000,000 and last year's budget was about $20,000,000. Mr. Harry Charlton, 921 Gardenia Drive, objected to the fact that nobody will account for the doubling of taxes. He's been to the Tax Appraiser's office, the County hearing and this City public hearing tonight. Upon question by Mr. Charles Morphew of 921 Gardenia Drive, Mayor Weekes replied that the Property Appraiser's office sets property value and the Property Appraiser is an elected constitutional officer. The property value set by the Appraiser is used for taxation in the City of Delray Beach. Mr. Morphew stated that it's time everyone involved in the taxation of the citizenry get together and cooperate rather than each party working in a corner by themselves. The City Attorney advised that the public hearing is to remain open while they discuss the millage rate and the budget. 8.b. The City Manager reported that Resolution No. 72-81 estab- lishing the City's tentative millage rates for the 1981-82 fiscal year is before Council for consideration. This resolution is in conformance with prior discussions and actions with respect to the establishment of the City's 1981-82 budget. The City Manager presented Resolution No. 72-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PRO- PERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COL- LECTIONS THEREUNDER. (Copy of Resolution No. 72-81 is on file in the official ~esolution Book) Mr. Bird moved for the adoption of Resolution No. 72-81, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.a. The City Manager reported that Resolution No. 71-81 making tentative appropriations of sums of money for all necessary expenditures from October 1, 1981 through September 30, 1982 is before Council for consideration. - 3 - 09/22/81 The City Manager presented Resolution No. 71-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1981, TO THE 30TH DAY OF SEPTEMBER, 1982; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENTY. (Copy of Resolution No. 71-81 is on file in the official Resolution Book) (Note: This resolution was renumbered 74-81 at the September 29, 1981 meeting). Mrs. Durante moved for the adoption of Resolution No. 71-81, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.m. The City Manager reported that Ordinance No. 67-81 estab- lishing the City's millage rates for 1981-82 fiscal year is before Council for consideration on First Reading. This ordinance is in con- formance with prior discussions and actions with respect to the estab- lishment of the City's 1981-82 budget. The City Manager presented Ordinance No. 67-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 67-81 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Attorney stated that before they adopt this ordinance, the percentage by which the millage rate exceeds the rollback rate should be announced. That amount is 5.1% according to Ordinance No. 67-81. At this point the roll was called to the motion. 8.1. The City Manager reported that Ordinance No. 66-81 making final appropriations of sums of money for all necessary expenditures from October 1, 1981 through September 30, 1982 is before Council for consideration on First Reading. The City Manager presented Ordinance No. 66-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINAL APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1981, TO THE 30TH DAY OF SEPTEMBER 1982; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT - 4 - 09/22/81 The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 66-81 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. The public hearing was closed. Mayor Weekes declared a 5 minute recess, the time being 8:15 P.M. The meeting reconvened at 8:20 P.M. 9.a. Mrs. Durante moved that Item 9.a. be moved up to be the next item of business, seconded by Mr. Bird. Said motion passed unanimously. Mayor Weekes state~ that he has been advised that the peti- tioner has asked that this item be withdrawn from the agenda and that it be remanded back to the Planning & Zoning Board for a public hearing. Mr. Bird moved to remand item 9.a. back to the Planning and Zoning Board for a public hearing, seconded by Mr. Blair. Said motion passed unanimously. At the request of a gentleman from the audience, Mayor Weekes requested the City Manager to make a note for Mr. Fisk that people from Shadywoods I and II and Pines of Delray want to be notified of this public hearing when it comes up. 6.a.1. The City Manager reported that one of two items he wants to add to the agenda is the recommended increase in the family membership fee at the Delray Beach Country Club from $600 annually to $700 annually to be effective on October 1, 1981 (the contemplated increase is built into the proposed budget). Mr. Scheifley stated that he could not vote in favor of this; he feels there should be a more equitable increase to apply to both family and single memberships. The City Manager stated that the Administration has heard complaints about the differential between single and family memberships because a single member paid $450 while a family paid $600, so the second person in the family was getting the membership for $150 a year. Mr. Bird moved to approve the increase to $700, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - No; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vOte. 6.a.2. The City Manager called on Mr. Frank Carey, Chairman of the Planning & Zoning Board, to come forward and report on the Old Harbor site and development plan. Mayor Weekes left the Council Chambers for the duration of the discussion on item 6.a.2. Mr. Carey reported that at their meeting last night, they held a public hearing on the request for the Old Harbor project. There were modifications presented to them. Essentially, this project still remains a 304 unit, four 6-story buildings project. The basic change made to the site was the taking of one unit from the center of each of the three east buildings (which run along the Intracoastal) and placing those same units on the front of the building at a lower level. It was approved by the Planning & Zoning Board with a 4 to 3 vote. Mr. Carey elaborated further on the modifications to the project. Mrs. Durante moved to sustain the recommendation of the Planning & Zoning Board subject to the conditions listed in the memo from the Planning & Zoning Director, seconded by Mr. Blair. Said motion passed unanimously. Before roll call,' upon question by the City Attorney, Mr. Dick Siemens replied that~ in cnD~ep~ he i~ nog o~se~ eo ~n impact fee but he wants to be sure he is treated as equitably as everyone else. - 5 - 09/22/81 Mayor Weekes returned to the Council Chambers at this point. 6.b. CONSENT AGENDA The City Manager, in regard to item 6.b.4., requested that the name John Mills be removed. Mayor Weekes requested that item 6.b.13 be removed from the Consent Agenda for discussion. Mr. Bird requested that items 6.b.6 and 6.b.9 be removed for discussion. He noted, in regard to items 17 and 18, that at workshop they said they would amend sub-paragraph (c) in both of those to indicate that those sums would be paid at the time of the certificates of occupancy; he noticed that that hasn't been done. The City Manager stated that the change was made in a blanket way by a policy statement that was redrafted. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) As discussed at workshop on September 1st, it is recom- mended that Council approve the purchase of recreation equipment to be placed at the Adult Recreation Park. The purchase price of the equip- ment is $20,258. The agreement provides for an equal payment of the cost by the City and the County in the amount of $10,129. This item was removed from the agenda on September 8th. The agreement between the City and Palm Beach County which was agreed to by the County Parks & Recreation representative was modified so that the term of the agreement be reduced from 99 years to 10 years, the anticipated useful life of the equipment. (2) It is recommended that Council approve levying a fee of 10% for reissuance of permits previously issued for Old Harbor Plaza provided Knight Enterprises/Old Harbor, Ltd. execute a Hold Harmless agreement satisfactory to the City Attorney's office. This was dis- cussed at workshop on September 15th. (3) As discussed at the workshop meeting on September 15th, Council is to consider the reappointments of Kenneth Rubsamen, Donald A. Goodrum and Mrs. Vince Canning, Jr. as regular members of the Community Appearance Board to two-year terms ending August 25, 1983, and the ap- pointment of Robert Currie from alternate member to regular member to a two-year term ending August 25, 1982. Approval is recommended. (4) As discussed at the September 15th workshop meeting, it is recommended that the following Code Enforcement Board appointments be made: alternate member Norma Simon to fill the vacancy created by Ron Sanson's resignation to a term as a regular member ending January 14, 1984; and Carlton Bone as an alternate member to the unexpired term of Norma Simon ending January 14, 1984. (5) It is recommended that Council accept an approximate 16-foot by 4-foot easement deed from First Federal Savings & Loan Asso- ciation of Delray Beach at the northwest corner of Atlantic Avenue and N.E. 7th Avenue for placement of traffic control devices as desired by the City. (7) It is recommended that Council authorize Change Order No. 1 for Fire Station No. 4 which is under construction. This will increase the contract price by $1,010 for a total of $209,605. This upgraded equipment requires 3-phase wiring and will result in a more economical and efficient method of refilling the air containers used by firemen. Approval is recommended. (8) As discussed at the September 15th workshop meeting, it is recommended that a request to waive the minimum right-of-way from N.W. 1st Avenue extending south from Lake Terrace to Ye Little Woods Subdivision from 50 feet to 40 feet be approved. 1st Avenue provides access to Ye Little Woods Subdivision, consisting of four single family lots. (10) Twelve mattresses and box springs which were replaced at the Central Fire Station are being stored in a building near the Public Works complex until the next public auction sometime in 1982. ~ c~ w~h~use i~ damp and this type of material will De rotted from mildew, it is recommended that they be donated to a charitable organization. - 6 - 09/22/81 151 (11) It is recommended that Council authorize the re-execu- tion of the modified supplemental agreement between the City and Palm Beach County for joint funding of the design and construction of Phase I, Drainage Improvements for Swinton Circle and vicinity. The County approved the agreement by adding a condition that it was "subject to budget", which statement the City also has added. Council, at the June 9th meeting, approved execution of the agreement. (12) The City is in receipt of an application from Margaret E. and E.L. Gilliam for City water and sewer service to serve 4536 Franwood Drive, which is outside the City. This is a single family residence. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicants. (14) A communication has been received from the League of Women Voters of South Palm Beach County requesting permission to solicit funds from November 9th through November 20, 1981. Approval is recom- mended. (15) The following bids have been received to purchase chlorine for fiscal year 1981-82: Bidder 1-Ton Cyl 150-lb Cyl HTH lb Allied Chlorine & Chemical Company $ 181.20 $ 25.20 $ .8990 Thompson-Hayward 196.00 30.00 .9844 P.B. & S. Chemical Co. 192.00 27.00 1.10 Jones Chemical 182.60 29.60 1.088 Moreland McKesson 260.00 33.00 .958 Picard Chemical no bid no bid 1.0865 It is recommended that the contract be awarded to the low bidder, Allied Chlorine & Chemical Company by passage of Resolution No. 76-81 with funding to come from funds in the 1981-82 budget. The caption of Resolution No. 76-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CONTRACT FOR CHLORINE FOR FISCAL YEAR 1981-1982. (Copy of Resolution No. 76-81 is on file in the official Resolution Book) (16) The following bids have been received for the purchase of petroleum products for fiscal year 1981-82: Regular Unleaded Motor Diesel Gasoline Gasoline Oil Bidder Per Gal Per Gal Per Gal Per Gal John D. Behnke $1.059 $1.095 $1.185 No Bid Gulf Oil Co. 1.1665 1.174 1.214 $ 2.80 Flamingo Oil Co. No Bid No Bid No Bid 3.1909 Standard Oil Co. 1.129 1.175 1.215 3.01 Fla Coast Oil Co. -. -- Inc. 1.159 1.24 1.32 '~3.08 Data Fuel Inc. 1.165 1.185 1.225 No Bid - 7 - 09/22/81 152 It is recommended that the contract be awarded to the low bidders, John Behnke for diesel, regular gasoline and unleaded gasoline and Gulf Oil Company for motor oil by passage of Resolution No. 77-81, with funding to come from funds in the 1981-82 budget. The caption of Resolution No. 77-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CONTRACT FOR THE PURCHASE OF PETROLEUM PRODUCTS FOR FISCAL YEAR 1981 - 1982. (Copy of Resolution No. 77-81 is on file in the official Resolution Book) (17) The Planning & Zoning Board at a meeting held on Sep- tember 8th, recommended by a vote of 5 to 1 (Simon dissenting) that the final plat for Swinton Oaks, located at the southeast corner of Swinton Avenue and S.E. 4th Street be approved, subject to: (a) City Engineer's memorandum of September 3, 1981. (b) Director of Public Utilities' memorandum of August 25, 1981. (c) That the developer pay to the City the sum of $13,000 as payment in lieu of the required park and recre- ation land dedication. This was discussed at the workshop meeting on September 15th. Approval is recommended. (18) The Planning & Zoning Board at a meeting held on Sep- tember 8th, recommended by a vote of 5 to 0 (Christensen abstaining) that the final plat for Rainberry Bay (Section 5A), located at the northwest corner of Lake Ida Road and Davis Road be approved, subject to: (a) Director of Public Utilities' memorandum of August 14, 1981. (b) That the sidewalk requirement be waived. (c) That the developer pay to the City a sum of $30,000 as payment in lieu of the required park and recrea- tion land dedication. This was discussed at the September 15th workshop meeting. Approval is recommended. Mr. Scheifley moved to adopt the Consent Agenda with the change made by the City Manager and with the removal of items (6), (9) and (13), seconded by Mrs. Durante. Said motion passed unanimously. REGULAR AGENDA 6.b.(6) The City Manager reported that bids were opened on September 14th for chemicals for the Water Treatment Plant and no bids were re- ceived due to the fact that each chemical was a brand name and number. It is recommended that the Purchasing Agent be authorized to negotiate for the purchase of the required chemicals. Upon the request of Mr. Bird, the City Manager explained that a number of other cities are in the same predicament Delray Beach is in by not being able to secure bids. Mr. Martin, Public Works Director, elaborated further. Mr. Bird moved to sustain the recommendation of the City Administration to negotiate for the purchase of the required chemicals, seconded by Mr. Blair. Said motion passed unanimously. - 8 - 09/22/81 i53 6.b.(9) The City Manager reported that it is recommended that Coun- cil authorize Change Order No. 3 between the City and Hardrives of Delray, Inc. to install a drain field at U.S. No. I/south of Lindell Boulevard, as requested by the Department of Transportation. This will increase the contract price by $3,825 for a total of $120,435, with funding to come from the sale of City land. The City Manager stated that in the original project an overflow of pipe was provided to attempt to take care of the drainage at this project site. Since that time DOT has requested that a drain field be put in, feeling that what was originally planned may not be suffi- cient. Mr. Bird moved that the Change Order be authorized, seconded by Mrs. Durante. Said motion passed unanimously. 6.b.(13) Mayor Weekes acknowledged the minutes of the Beautification Committee meeting of September 2, 1981 and noted that they had an item for Council's attention as follows: Motion made by Haussermann, second by Worth, to extend the concrete (or use paving blocks) up to the shower heads, to put grass in the wider areas where there are operable sprink- ler heads and to plant scavola (which is available from our own nursery) in the other areas and maintain the scavola to a two (2) foot height. Motion carried unanimously. Mayor Weekes asked the City Manager to see that Mr. Fisk gets a copy of that. Mr. Bird moved to approve item 6.b.(13), seconded by Mrs. Durante. Said motion passed unanimously. 7. There were no petitions or communications. 8.c. The City Manager reported that Resolution No. 75-81, sup- porting and ratifying the resolution passed on September 17, 1981 by the Palm Beach County League of Municipalities which supports the retention of the current structure of the Solid Waste Authority, proposes an alternative structure and requests certain changes regarding revenue for the Solid Waste Authority is before Council for consideration. The City Manager presented Resolution No. 75-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AND ADOPTING THE RESOLUTION OF THE PALM BEACH COUNTY LEAGUE OF MUNICIPALITIES WHICH STATES A POSITION SUPPORTING THE CONTINUATION OF THE PALM BEACH COUNTY SOLID WASTE AUTHORITY IN ITS PRESENT FORM; RECOMMENDS TRANSFER OF SOLID WASTE ACTIVITIES REVENUE SOURCES TO THE SOLID WASTE AUTHORITY AND REQUESTS ADJUST- MENTS FOR INFLATION TO THE FUNDING FOR THE AUTHORITY; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION. (Copy of Resolution No. 75-81 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 75-81, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 48-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building height is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 8th meeting. 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. - 9 - 09/22/81 The City Manager presented Ordinance No. 48-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-5 "R-1AAA,-R-1AAA-B, R-1AA, R-iAA-B, R-iA, R-iA-B, SINGLE FAMILY DWELLING DISTRICTS (I) BUILDING HEIGHT" OF SAID CODE ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS; REPEALING SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT (I) BUILDING HEIGHT" AND ENACTING NEW SECTION 30-8 (I); AMENDING SECTION 30-8.1 "PRD-4 PLANNED RESIDENTIAL DIS- TRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-8.3 "PRD-7 PLANNED RESIDENTIAL DIS- TRICT (H) BUILDING HEIGHT (1) SINGLE FAMILY DETACHED" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-8.2 "PRD-10 PLANNED RESIDENTIAL DISTRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED AND (2) MULTIPLE FAMILY"; AMENDING SECTION 30-10 "CC COMMUNITY COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIM- INATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-12 "SC SPECIALIZED COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIM- ITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT (H) BUILDING HEIGHT" BY ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMEND- ING SECTION 30-13.1 "LC LIMITED COMMERCIAL DISTRICT (G) BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND REDEFINING HEIGHT LIMITATION; AMENDING SECTION 30-14 "LI LIGHT INDUSTRIAL DISTRICT (H) BUILDING HEIGHT" BY REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-15 "MI MEDIUM INDUSTRIAL DISTRICT (H) BUILDING HEIGHT" BY REDEFINING HEIGHT LIMITATION; RE- PEALING SECTION 30-15.1 "SAD SPECIAL ACTIVITIES DISTRICT (H) BUILDING HEIGHT" AND ENACTING NEW SECTION 30-15.1 (H) REDEFINING THE HEIGHT LIMITATION; AMENDING FOR RESIDEN- TIAL, COMMERCIAL AND INDUSTRIAL USES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 48-81 is on file in the official Ordinance Book) The City Manager 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. The City Attorney advised that on page 5, paragraph 1 of the ordinance, the date June 10, 1981 should be changed to June 16, 1981 and the dates in paragraph 4 and 5 on page 5 which are June 10, 1981 in both cases should also be changed to June 16, 1981. Mr. Bird moved for the adoption of Ordinance No. 48-81 on Second and FINAL Reading with the date changes as indicated by the City Attorney, seconded by Mr. Blair. Upon roll call Council voted as fol- lows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 58-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if.passed, will amend Chapter 9 "Buildings and Construction", Article VI "Electricity' of the Code of Ordinances relative to prohibiting the use of aluminum conductors of any type in the City. This ordinance was passed on First Reading at the September 8th meeting. Prior to con- ............. ~~ ~f J' ' o£dln~nu~ un Second and ~'~NA~ Reading, a public hearing has been scheduled to be held at this time. - 10 - 09/22/81 The City Manager presented Ordinance No. 58-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'', ARTICLE VI "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-152 "SPECIAL REGULATIONS GENERALLY" PARAGRAPH (t) TO PROHIBIT THE USE OF ALUMINUM CONDUCTORS OF ANY TYPE ANYWHERE IN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-81 is on file in the official Ordinance Book) The City Manager 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. Mrs. Durante moved for the adoption of Ordinance No. 58-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 59-81 relative to annexing a 1.4-acre parcel of land, located on the east and west sides of Frederick Boulevard, between Avenue "I" and Avenue "J", subject to RM-10 (Multiple Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 25th meeting. 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. 59-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 23, 24, 25, 26, & 27, BLOCK 28,.LOTS 30 THROUGH 39, BLOCK 34, PLUS THAT PORTION OF FREDERICK BOULEVARD NORTH OF THE SOUTH LOT LINES OF LOT 34 IN BLOCK 34 AND LOT 23 IN BLOCK 28 AND SOUTH OF THE NORTH LOT LINES OF LOT 30 IN BLOCK 34 AND LOT 27, BLOCK 28 AND THE EAST 5 FEET OF ALLEY LYING WEST OF LOTS 23 THROUGH 27, BLOCK 28 AND THE NORTH 25 FEET OF AVENUE J, LYING WEST OF THE EAST LINE OF LOT 35, BLOCK 34 AND EAST OF THE CENTERLINE OF SAID ALLEY, SAID ALLEY LYING WEST OF LOTS 23 THROUGH 27, BLOCK 28, ALL IN DEL RATON PARK SUBDIVISION, ACCORDING TO THE PLAT THERE- OF, AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND IS LOCATED ON THE EAST AND WEST SIDES OF FREDERICK BOULE- VARD, BETWEEN AVENUE "I" AND AVENUE "J", WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 59-81 is on file in the official Ordinance Book) The City Manager 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. Mrs. Durante moved for~the adoption of Ordinance No. 59-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr~ Bird - Yes; _~avor Weekes - Yes. Said m~i~m pas~e~ with a 5 to 0 vote. - 11 - 09/22/81 8.~. The City Manage~ reported that Ordinance No. 60-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will annex a portion of a 16-foot alley, bounding Lots 1, 2 and west ½ of Lots 10 and 11, Block 4, Sophia Frey Subdivision. This ordinance was passed on First Reading at the August 25th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 60-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, THE 16 FOOT ALLEY BOUNDING LOTS 1, 2 AND WEST ONE-HALF OF LOTS 10 AND 11, BLOCK 4, SOPHIA FREY SUBDIVISION, AC- CORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 37, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND IS LO- CATED ON THE NORTH SIDE OF N.E. 8TH STREET, BETWEEN N.E. 8TH AVENUE AND N.E. 9TH AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVID- ING FOR THE ZONING THEREOF. (Copy of Ordinance No. 60-81 is on file in the official Ordinance Book) The City Manager 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. Mrs. Durante moved for the passage of Ordinance No. 60-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 61-81 relative to annexing a 1.704-acre parcel of land located south of S.E. 10th Street, between S.E. 5th Avenue and S.E. 6th Avenue, is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 25th meeting. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 61-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED SOUTH OF S.E. 10TH STREET, BETWEEN S.E. 5TH AVENUE (U.S.#i) AND S.E. 6TH AVENUE (U.S.~i), WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 61-81 is on file in the official Ordinance Book) The City Manager 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. Scheifley moved for the passage of Ordinance No. 61-81 ~n Second and ~'£~ ~eading, seconded Dy mr. ~ird. Upon roil call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 12 - 09/22/81 157 8.i. The City Manager reported that Ordinance No. 63-81 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 11 "Fire Protection and Prevention" of the Code of Ordinances relative to automatic sprinkler systems. This ordi- nance was passed on First Reading at the September 8th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 63-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 11 "FIRE PROTECTION AND PREVENTION", ARTICLE II "FIRE PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMEND- ING SECTION 11-18 "SECTION 14.4 OF CODE AMENDED: AUTO- MATIC SPRINKLER SYSTEMS" TO REQUIRE AUTOMATIC SPRINKLER SYSTEMS IN ALL BUILDINGS MORE THAN FOUR (4) STORIES OR FIFTY (50) FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS; ENACTING SECTION 11-27 "REQUIREMENTS FOR INSTALLATION OF FUEL TANKS" TO IMPOSE VARIOUS REQUIRE- MENTS ON THE INSTALLATION OF FUEL TANKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-81 is on file in the official Ordinance Book) The City Manager 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. Mrs. Durante moved for the passage of Ordinance No. 63-81 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.5. The City Manager reported that Ordinance No. 64-81, amending Chapter 19 "Planning and Zoning Gen'erally" of the Code of Ordinances relative to members of the Board of Adjustment serving on other boards is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 8th meeting. 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. 64-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, "PLANNING AND ZONING GENERALLY", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 19-2, "COMPOSITION OF BOARD; QUALIFICATIONS OF MEMBERS", BY DELETING THE BOARD OF ADJUSTMENT EXCEPTION TO PROHIBITION OF MEMBERS HOLDING ANOTHER POSITION UNDER THE CITY GOVERNMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-81 is on file in the official Ordinance Book) The City Manager 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. Mrs. Durante moved for the passage of Ordinance No. 64-81 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. ' - 13 - 09/22/81 158 8.k. The City Manager reported that Ordinance No. 65-83. is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to paving requirements for off-street parking. This ordinance was passed on First Reading at the September 8th meeting. 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. 65-81: 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 AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (B) "GENERAL REQUIREMENTS", PARAGRAPH 5 "PARK- ING GEOMETRICS, MARKING AND SIGNING" TO PERMIT THE PLACE- MENT OF A SOD SURFACE OVER A STABILIZED BASE FOR THE ONE-HALF PARKING SPACE REQUIRED UNDER SECTION 30-18(F)(1) (b) FOR MULTI-FAMILY UNITS HAVING THREE OR MORE BEDROOMS; AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (F) "PARKING REQUIREMENTS" PARAGRAPH (1) "RESIDENTIAL" TO PROVIDE THAT FOR A MULTI-FAMILY UNIT HAVING THREE OR MORE BEDROOMS, THE ONE-HALF PARKING SPACE REQUIRED SHALL CONSIST OF A SURFACE OF SOD OVER A STABI- LIZED BASE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 65-81 is on file in the official Ordinance Book) The City Manager 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. Bird moved for the adoption of Ordinance No. 65-81 on Second and FINAL Reading, seconded by Mrs. Durante. Mr. Bird noted that when they last discussed this the deci- sion was to change the wording from "shall" to "may" leaving an option to the developer who may, for some purpose, need to pave the area any- way. He discussed this with the Planning & Zoning Board last month and they concurred. Mr. Bird amended his motion to change the word "shall" to "may" wherever it appears in the ordinance, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.n. The City Manager reported that Ordinance No. 68-81, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to increasing the permit fee and electrical service fee related to the erection and dismantling of tents is before Council for consideration on First Reading. The City Manager presented Ordinance No. 68-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLANE- OUS'' ARTICLE I "IN GENERAL" SECTION 16-3 "ASSEMBLIES IN TENTS, TEMPORARY STRUCTURES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (C) "PREREQUISITES TO APPROVAL", PARAGRAPH (3) TO IN- CREASE THE PERMIT FEE TO ERECT AND DISMANTLE THE STRUC- TURE FROM THREE DOLLARS ($3.00) TO FIFTEEN DOLLARS ($15.00) AND TO INCREASE THE FEE TO CONNECT ELECTRICITY FROM ONE DOLLAR ($1.00) TO TEN DOLLARS ($10.00); PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 14 - 09/22/81 159 The City Manager read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 68-81 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes declared the meeting adjourned at 9:20 P.M. ty Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 22, 1981, which minutes were formally approved and adopted by the City Council Onto ! 3, /F~/ · 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. - 15 - 09/22/81 160 TO: THE DELRAY BEACH CITY COUNCIL FROM: THE CITIZENS OF DELRAY BEACH SUBJECT: CIVIL SERVICE DATE: SEPTEMBER, 1981 The City Council should take every step possible to see that all employees get a fair hearing and due process of law under Civil Service. This is not the case at the present time. For thirty (30) years, from 1949 until 1979, city employees had a right to appeal any suspension to the Civil Service Board regardless of the length of time of such suspension. Records indicate few appeals of suspensions have come before the Board during this time period, however, an employee should have that avenue of appeal if he or she feels the suspension is unjust. The Civil Service Board is the only constituted statutory body in the city that can modify or overturn a decision of the City Manager whether it is suspension, demotion or termination, if they feel such action is warranted. The City Manager is not going to overturn his own decision. It is impossible for him to be impartial and objective when hearing a case he is already familiar with. In 1979 the City Administration presented a request to the Legislative Delegation to remove suspension from Civil Service protection unless it exceeded thirty (30) days. The Civil Service Board at that time protested and last year a compromise was reached and a new bill was approved which reduced the time from thirty (30) days to seven (7) days. However, this is totally unacceptable because it still takes away the right of due process of law. We urge you to resubmit the Civil Service bill to the Legislative Delegation and gi-~e our city employees the rights they have had since 1949, to appeal any suspension to the Civil Service Board regardless of the number of days. Positive action on your part will go along way towards minimizing some of the miscarriages of justice we have seen in this city over the years involving city employees. Such action might help to reduce some of the costly law suits which have been filed over the years against the city, the cost of which the taxpayers of Delray Beach are asked to bear. - Respectfully submitted, Citizens of Del ray Beach