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03-24-80 MARCH 24, 1980 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday, March, 24, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. 1. The opening prayer was delivered by Reverend Wallace Mast, Church of the Palms. 2. The Pledge of Allegiance to the flag of the United States of ~merica was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of March 10, 1980 and the special meetings of February 29, 1980, March 6, 1980 and March 17, 1980, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes abstained from voting on the minutes of the meeting'of March 10, 1980. 4.a.1. · Mr. Bird reported that last week he received a communication from Congressman Mica's office relative to the timed openings of the Atlantic Avenue Bridge. The Coast Guard in Miami is requesting input over the next 30 days. He discussed this with Ken Ellingsworth, of the Chamber of Commerce, and asked them to make a formal input in favor; BPOA has declared that they're going to send something down. He thinks it would be appropriate for this Council to make some official support. Mr. Young added that he has contacted both the Boca Raton ' Coast Guard Auxiliary and the Delray Coast Guard Auxiliary and they both feel that they would support this situation. The City Attorney was instructed to prepare a resolution reaffirming Council's support of the timed opening of the bridge and added that next Monday night prior to workshop, they will have a special Council meeting for the purpose of passing that resolution. 4.b.1. Mrs. Durante stated that at their last Council meeting, one of the items on the agenda was the A-95 review regarding an airport study application by the City of West Palm Beach. Council Member Bird raised some questions at that time and she told him that she would inform the Area Planning Board of his questions. There was quite a bit of discussion on that subject because there appears to be a lot of mistrust on the part of the City of West Palm Beach with the County and the County has already mandated to do certain studies; CAB has also man- dated to do certain studies regarding the airport and noise generated from the airport. The City of West Palm Beach did have some wording in their application that was in conflict. Some of the things they wanted to do with their study was understandable; however, she wanted to report that there are some areas of conflict in the City of West Palm Beach's application and that the federal funding agency should make note of those conflicts. 4.b.2. Mrs. Durante introduced Beverly Brown, a young lady who was just appointed to head a district office here in Delray Beach. There is a minority business venture district here and Ms. Brown is the director of that office. She has been making her rounds to the various Council meetings throughout the County. 4.c.1. Mayor Weekes presented and read a proclamation proclaiming April 1, 1980 as "Census Day". 5.a.1. Mr. Alfred Straghn, 115 N.W. 8th Avenue, NAACP President, stated that they were here at the last Council meeting at which time they presented a proposal to Council which they thought might alleviate the situation in the northwest and southwest sections of town. They have received no response to their proposal; they were told to wait until after the findings of the Internal Police Report. He would like to know tonight whether Council has given any thought to the proposal they had to organize a bi-racial committee. Mr. Straghn added that they were hurt by Mr. Scheifley at the last Council meeting for taking such a short amount of time on a matter which was very important to the northwest section of town. He was given only five minutes to speak. It was a matter that should have taken much more time and should have been discussed more. It made him feel as though the Council Members are not interested in the northwest and southwest sections of town. In regard to the findings of the report of the Internal Police affair, they are not satisfied; they brought it back to witnesses and double-checked the witnesses. He was so upset that he sent a mailgram to the Justice Department in Washington, D.C., to ask them to dispatch someone down here to investigate the matter because they still don't think that this thing went deep enough. He doesn't think that the City Council treated them fairly at the last meeting; it looked like Council just brushed them aside. He was hurt when he came in here and saw about 24 police officers sitting here; they didn't come here fighting the police. They were here in good faith to try and calm a situation that the Police Department had brought about. It was the consensus of Council to put this item on a work- shop agenda. 5.b.1. Mr. Lawrence Gray, 314 S.W. 10th Street, asked about the Haitian'situation on his street. Mayor Weekes replied that they had a meeting on that issue last Friday. Today he wrote a letter to the Deputy Director of the INS telling him that Delray Beach will not accept any more Haitians; the Deputy Director has offered not to send any more Haitians here until such time as there is a proper place to receive and to process them. The Mayor told him in the letter that any further sending of Haitian refu~gees to Delray Beach until such time as they have facilities for them will be considered by this City as a threat to the health, safety and welfare of its citizens and will be treated accordingly. 6.a.1. The City Manager reported that Resolution No. 31-80 which will authorize the payment of $60,212.18 to the Onontario Construction Company for emergency repairs to the junction manhole at Lift Station No. 58 is before Council for consideration. The City Manager presented Resolution No. 31-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,.AUTHORIZING PAYMENT FOR THE EMERGENCY REPAIR TO THE JUNCTIpN MANHOLE AT LIFT STATION NO. 58, LOCATED IN THE LAKEVIEW GOLF COURSe. (Copy of Resolution No. 31-80 is on file in the official Resolution Book) The City Manager added that he would like to make one change in Section 2 of the resolution by substituting the words "necessary funding" instead of "the funding". _ Mr. Scheifley moved for the passage of Resolution No. 31-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 6.b. . The City Manager reported that Council, at the February 4th workshop meeting, authorized the administration to negotiate with Arthur J. Gallagher & Company for renewal of the Excess Comprehensive General and Automobile Liability Policy & Service Contract and renegotiate with R.P. Hewitt & Associates for the Excess Workers Compensation policy and service contract. The proposals, which have been reviewed by our cona sultant, Edward W. Siver & Associates are as follows: Comprehensive General and Automobile Liability Arthur J. Gallagher & Company North West Insurance Company $1,000,000 limit, $100,000 self insured retention. Premium, $ .705/$100 of payroll. Claims Service: $ .095/$100 of payroll. - 2 - 3/24/80 workers' Compensation R.P. Hewitt & Associates Employers Reinsurance Corporation $1,000,000 limit x $200,000 Self Insured Retention Specific $1,000,000 x 125% Loss Fund Aggregate Premium: 5.54% of annual standard premium with an experience modification of .96. Estimated annual premium: $16,271.00, (5.54% x $293,697). Claim Service & Safety Inspections: $15,000 annually. Approval is recommended. Mayor Weekes stated that they entered into this self reten- tion program a couple of years ago with the goal of gradually increasing the amount of the City's deductible over a period of years so that if they had good experience, they would eventually become essentially free of the open insurance market. The program has done exactly what it was anticipated that it would do. Losses have been within the realm of what they anticipated them to be. They are now proceeding to increase their retention, relying more on their accumulated reserve and thereby reduc- ing their dependence upon the open insurance market. He recommends that Council accept the recommendation of Mr. Siver's firm as he thinks that it is proceeding down the path upon which they are embarked and~it's a very good recommendation in the City's best interest. Mr. Bird moved to award the insurance contract to Arthur J. Gallagher & Company, North West Insurance Company $1,000,000 limit, $100,000 self insured retention for comprehensive general and automobile liability and to R.P. Hewitt & Associates for Employers Reinsurance Corporation $1,000,000 limit, $200,000 self insured retention for workers' compensation, seconded by Mr. Young. Said motion passed unani- mously. ~ 6.c. The City Attorney reported that as discussed informally at the March 17th workshop meeting, Council is to consider authorizing the City Attorney's office to represent the City before the House and Senate Committees studying a possible modification of the local option provi- sion to the State Statute and in regard to the content of any such proposed legislation. Mr. Bird moved to authorize the City Attorney's office to represent the City before the House and Senate Committees at hearings relative to local option a~d in regard to the content of proposed legis- lation, seconded by Mr. Scheifley. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the March 17th workshop meeting, Council is to consider the appointment of Leonard Syrop to the Civil Service Board to a four-year term ending April 1, 1984. Mr. Bird moved for the appointment of Leonard Syrop to the Civil Service Board for a four-year term ending April 1, 1984, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that consideration may be given to the appointment of Frank Schwarz as a regular member of the Contractors Board of Examiners to the unexpired term of Armand Mouw ending October 9, 1982 who resigned to serve on the Code Enforcement Board and appoint- ments of A1 Haynes, Glen Campbell and Michael Picard as alternate members to three-year terms ending March 24, 1983. Mr. Scheifley moved that Mr. Fran~ Schwarz be appointed as a regular member of the Contractors Board of Examiners to replace Armand Mouw whose term expires October 9, 1982 and to appoint A1 Haynes, Glen Campbell and Michael Picard as alternate members to three-year terms ending March 24, 1983, seconded by Mr. Bird. Said motion passed unani- mously. ~ 6.f. The City Manager reported that it is recommended, as dis- cussed at the March 17th workshop meeting, that Council authorize the establishment of a Police Auxiliary. - 3 - 3/24/80 Mrs. Durante moved to officially authorize the establishment of a Police Auxiliary Unit, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mayor Weekes asked the City Manager how this Auxiliary would be structured. The City Manager replied that it is expected to cost about $300 per person as far as uniforms and equipment is concerned for the members. There will not be any compensation paid to them; they will be volunteer workers. They will not have the normal arrest powers but they will be able, however, to do a lot of work for the City Police Department that will free the time of regular police officers. They will also be able to give assistance to police officers. They will be particularly useful in parades, special events, recreational facilities, etc., in control- ling the crowds, all under the jurisdiction of the Police Department. They anticipate 25 members at the maximum. They plan on starting very slowly, seeing that they're trained, equipped and oriented and, perhaps, three or so would become members of the force shortly. Mayor Weekes asked about the ages of the members. The City Manager replied that they must be at least 18 years old in order to qualify by State Law. Some,are looking forward, hopefully, to becoming members~of the force at some future date. He doesn't know, at this time, if there is a maximum age limit. At this point the roll was called to the motion. 6.g. The City Manager reported that as was discussed at the March i7th workshop meeting, it is recommended that Council authorize Police use of a 1979 Dodge Van confiscated in a drug arrest. Mr. Bird moved to authorize Police use of the 1979 Dodge Van confiscated in a drug arrest, seconded by Mr. Young. Said motion pas~ed unanimously. 6.h. The City Manager reported that as was discussed at the work- shop meeting on March 17th, it is recommended that Council authorize submitting to sale the vessel (Diana), confiscated in a drug arrest. ~rs. Durante moved to authorize submitting the vessel, Diana, for public sale, seconded by Mr. Bird. Said motion passed unani- mously. Before rol~ call, Mayor Weekes stressed to the Administra- tion that they advertise th~s widely so that they may get some appropri- ate bids on it and that they don't just do it in the minimum required by law. He also urges that they move ahead as quickly as possible towards getting it advertised because there are obviously more potential buyers here today than there will be 60 days from now. The quicker that they can conclude this bid, the better off they'll all be. Mr. Young suggested that they go outside of their usual field of advertising. At this point the roll was called to the motion. 6.i. The City Manager reported that Council approved an agreement between the City and Palm Beach County to participate in a joint funding project for Swinton Circle drainage by adoption of Resolution No. 30-80 at the March 10th meeting. A clause was added by the City to the agree- ment limiting the City's participation to $5,000. The actual cost shar- ing will be based on the drainage sheds involved and the City's share may exceed $5,000 since the County has hired an engineer for $12,000 to do the study. In order to proceed with this agreement, the County will require that this limiting clause be deleted. Mr. Bird moved to amend the resolution and contract by deleting the $5,000 limitation on the sharing cost with the County with regard to engineering, seconded by Mrs. Durante. Said motion passed unanimously. - 4 - 3/24/80 7.a. Mayor Weekes acknowledged receipt of the minutes of the Beautification Committee meeting held on March 5, 1980. The only item in there which required Council attention has already been taken care of by the Administration. Mrs. Durante stated that she read the attached memo from the Parks and Recreation Department regarding the hiring of two tree trimmers to cut down the trees and to be paid $35-$40 a tree; the owner would then be billed $40 for the tree. Those figures look as though the City is going to come out on the short end of the stick. The City Manager replied that.this is the normal procedure and they are going to attempt to improve the City's situation a little by getting cheaper labor. He thinks that the figure shown in the memo is the maximum. 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated March 12th requesting A-95 Clearinghouse review and comment relative to Florida Department of Community Affairs State Grant Application for "701" Comprehensive Plan- ning & Management Assistance from July 1, 1980 to June 30, 1981. The Department of Community Affairs provides technical assistance and ser- vices to local governments with these funds. This project will not result in any adverse effects to the local natural, social or economic environment. Mrs. Durante moved to send the standard letter to the Area Planning Board stating that there is no adverse effects with this pro- ject, seconded by Mr. Bird. Said motion passed unanimously. 7.c. The City Manager reported that the City is in receipt of an application from F. E. "Gene" Jernigan for City water service to serve Chevron U.S.A. Inc., a service station at 3285 West Atlantic Avenue, located outside the City. A developers Utility Service. Agreement has also been received. A check in the amount of $918.75 has been deposited in the Development Fund to cover 1.2 acres ($375 per acre for water and $468.75 for water meter and fees). Approval of the standard service/ annexation agreement and the Developers agreement is recommended. Mayor Weekes asked why they are not annexing this property. The City Manager replied that he had two reports on that; the first was that they were not now eligible for annexation. This afternoon, he and Dan Kotulla looked at it and it appeared to them that they would be eligible. No harm is done for Council to approve the standard agreement now and if they are eligible for annexation, the Administration will bring it to Council shortly, Mrs. Durante moved to approve the standard water service and annexation agreement with Chevron U.S.A. Inc., seconded by Mr. Bird. Said motion passed unanimously. 7.d. The City Manager reported that the City is in receipt of an application from W. G. Lassiter, Jr., for City water service to serve Federal Plaza Ltd., a shopping center containing 27 acres to be con- structed on the northwest corner of West Atlantic Avenue and Military Tra~l, located outside the City. Approval is recommended. If Council does approve water service, they may want to give consideration to the non-annexation question. Mrs. Durante noted that Palo Verde was also west of Military Trail and asked how they handled that one. The City Attorney replied that they authorized a certain number of units and then any subsequent units would depend upon a surplus existing at the time of actual need. Mayor Weekes pointed out that it will probably be 18 months to 2 years before this is operational, at which time the new plant should be in operation. Mr. Young stated that he is not as much concerned about the capacity of the plant as he is to whether or not they're getting them- selves into a barrel here. If others west of Military Trail want to be supplied with water, they will have to do it. - 5 - 3/24/80 The City Attorney replied that it depends upon the fact situation that relates to each request. Under State Statute, the City,s authority to extend water service depends upon entering into a voluntary agreement between the City and the applicant for water service. The City does have discretion in declining to enter into such agreements. In certain limited circumstances, it is possible that the City could be compelled to furnish water service, but it's rather unlikely that that would occur. Mr. Scheifley asked Mr. Bird if they give water to areas west of Military Trail, which is west of their reserve area, does he think that could be used by the Legislators against the City's desire to annex the pockets on this side of Military Trail. Mr. Bird replied that he wouldn't be too concerned about that particular issue. In one of their recent actions, they refused the annexation requirement although they issued the water and if they were to take that position again, he thinks they would be demonstrating that although they are willing to extend services where possible, they have no intention of moving their boundaries. The City Attorney asked Council, if they are inclined to grant this request, whether or not it is going to be granted specifi- cally on the condition that the water service will not be furnished until ~he water treatment plant is completed. Mayor Weekes replied that he feels that is a reasonable condition to place on it. The City Manager stated that they had this same provision of not providing water service until the water plant is expanded on Palo Verde. Palo Verde came back recently because of the revamping of the filters at the plant and increasing the capacity enough so that we were able to serve them at this time the small amounts of water that they will need. By the time they need maximum water usage there, then the~ plant will be expanded. He doubts the wisdom of placing that restric- tion in the motion because he thinks they will need minimal amounts of water during the course of their construction but they will not need great volumes of water until the plant is expanded. We would not have a problem giving them nominal amounts of water at this time. Mr. Bird stated that it was brought to his attention today, with regard to the expansion of the sewer plant, that EPA funds are being withheld. If they're going to go through the kind of a budget process that he foresees over the next few years, it may be that they'll want to have something in their hip pocket. They may find themselves not only in the area of plant expansion and other things. He is per- fectly willing to provide them tap and a meter for construction at this point in time but he's not sure that he's prepared to guarantee them their future water supply. The City Attorney advised that adopting the concept that Mr. Bird just expressed would be sufficient and then in the contract, they will actually express it in language. As part of the motion, the status should be clarified as to whether or not Council desires a provision on annexation. Mr. Bird moved that the City authorize the providing of water to W.G. Lassiter at his site on West Atlantic Avenue and Military Trail for the purpose of providing water supply during the construction phase of the development; water for the future tenants shall be on an "as available" basis upon completion of the plant and it is not the intent of this Council to grant annexation or require annexation of this parcel, seconded by Mr. Young. Said motion passed unanimously. 8.a. The City Manager reported that Ordinance No. 13-80, amending Chapter 14A "Garbage and Trash" of the Code of Ordinances granting per- mission for Sections 1 through 7, High Point, to contract with a private contractor for the providing of garbage and trash collection is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 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. - 6 - 3/24/80 The City Manager presented Ordinance No. 13-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" BY REPEALING SECTION 14A-10 AND ENACTING A NEW SECTION 14A-10 PROVIDING THAT GARBAGE AND TRASH COLLECTION WITHIN THE MUNICIPAL LIMITS OF DELRAY BEACH BE EXCLUSIVELY RESERVED TO THE CITY EXCEPT IN SECTIONS 1 THROUGH 7, INCLUSIVE OF HIGH POINT CONDOMINIUMS, WHEREIN THE RESPECTIVE CONDOMINIUM ASSOCIATIONS SHALL PROVIDE FOR GARBAGE AND TRASH COLLECTION SERVICES BY CONTRACTING WITH THE PERSON, FIRM OR CORPORA- TION OF THEIR CHOICE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-80 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.. 13-80 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported that Ordinance No. 19-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to off-street parking by requiring marinas to provide one addi- tional parking space for each boat slip. This ordinance was passed on First Reading at the March 10th 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. 19-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING CHAPTER 29, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SEC- TION 29-18(F)(5)(u) "OFF-STREET PARKING REGULATIONS", "MARINAS", BY CLARIFYING THE REQUIREMENTS FOR FLOOR AREA AND BY ADDING PROVISIONS REQUIRING MARINAS TO PROVIDE ONE ADDITIOn;AL PARKING SPACE FOR EACH BOAT SLIP; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-80 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. 19-80 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that an application has been received from Lee Minter to annex a 19,240 square foot parcel of land, subject to R-1AA (Single Family Dwelling) District. The subject prop- erty is in Section 5-46-43 and is located south of N.W. 22nd Avenue (Pineridge Road) between Lake Drive and N.W. 4th Avenue. Since this request is in conformance with the ,City's Land Use Plan and County zoning for this area, approval of the annexation is recommended. This property is presently zoned in the County as RS (Residential Single Family). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. - 7 - 3/24/80 Mr. Bird moved that the City Attorney be instructed to prepare an ordinance effecting the annexation of the subject property, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mayor Weekes noted that Mr. Minter is very anxious to complete this annexation process prior to his returning north and asked the City Attorney if they could have the first reading of this ordinance during the special meeting prior to workshop next Monday night. The City Attorney replied that they could and it was the consen- sus of Council to do so. At this point the roll was called to the motion. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on March 18th, recommended by unanimous vote that the _ final plat approval for Isles of Delray (Section II), located at the northeast corner of Lake Ida Road and the E-4 Canal be approved, subject to the following: (1) City Engineer's memorandum of March 7th. (2) Director of Public Utilities memorandum of February 21st. (3) Availability of water. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board with regard to Isles of Delray, Section II, subject to the three items in the preface to the agenda, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 7:55 P.M. 7' 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 March 24, 1980, which minutes were formally approved and adopted by the City Council on~~. /.~.. ~P~. 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. - 8 - 3/24/80