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12-02-80SpMtg DECEMBER 2, 1980 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, December 2, 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. The opening prayer was delivered by Mayor Weekes. 2. The P~edge of Allegiance to the flag of the United States of America was given. 3. There were no minutes for approval, 4.a.1. Mr. Bird moved that they make consideration of the consent agenda item 6.b. on the regular agenda, seconded by Mr. Young. Said motion passed unanimously. It was noted that they cannot consider the consent agenda as item 6.b. tonight so they will consider it at this time. CONSENT AGENDA The City Manager reported on the following items which are to be considered by Council as a consent agenda: 6.b. It is recommended that Council accept an easement deed from ' Delray Estates Association, Inc. for a triangular shaped parcel of land located in the northwesternmos~-corner of Delray Estates at the south end of 22nd Avenue, south of S.W. 14th Street. The acquisition of this easement is necessary before construction of an 18-inch storm sewer de- signed to alleviate the flooding and drainage problems. 9.a. An application has been received from Robert and Eileen McTeague to annex a 19,250 square foot parcel of land, subject to R-lA (Single Family Dwelling) District. The subject property is in Section -20-46-43 and is located at the northwest corner of S.W. 4th Avenue and Southridge Road. The Planning & Zoning Board at a meeting held on November 25th, recommended by unanimous vote that the property be annex- ed as R-lA since this is in conformance with the City's Land Use Plan. It is recommended that the City Attorney be authorized to draft an ordi- nance annexing the property. Mrs. Durante moved for the adoption of the consent agenda, seconded by Mr. Bird. Said motion passed unanimously. 4.a.2. Mr. Bird stated that he has been studying this City's ex- penses and revenues and has compared them to figures in other cities in the area with similar populations, such as Boynton Beach and Deerfield Beach. The conclusion of that study was that in almost every category Delray Beach exceeds those cities in costs. We have higher tax millage, more City employees, we pay more overtime and we generally charge higher fees; there does not appear to be a trade-off. The range for these extra costs is between 20% and 25%. He thinks it is a result of waste, management stagnation, inefficiency and inept leadership. The penalty for allowing continuation of this budget abuse is that they will con- tinue paying too much for too little. Government has got to learn to live as cheaply as the people. Mr. Bird moved that Council authorize a management audit of the City to study and investigate all City operations and to make recom- mendations to reduce costs for necessary services and to increase suf- ficiency of operations and that the Mayor be authorized to solicit pro- posals for such an investigation from competent consulting firms and that such proposals be submitted to this Council by the 20th of January, 1981 for workshop consideration. Mr. Young stated that he agrees with Mr. Bird's comments but he would like to have the Financial Advisory Board's input on this and he will second the motion if that is made a part of it. Mr. Bird replied that it would be appropriate for Council to call upon any Board for input, but he is willing to accept Mr. Young's amendment as part of the motion. Mr. Scheifley stated that he feels that something of this nature should be approached carefully and referred to workshop. He noted that Delray has employees that the other cities don't have such as the Sewage Treatment Plant. Without analysis, he will not accept the conclusions that Mr. Bird has set forth at face value. He suggested that they refer it to workshop. Mrs. Durante stated that they have had several audit reports and consultants' recommendations since she has been on Council. She has noticed that they have wasted money for a lot of these recommendations because they don't institute them. If there are particular management techniques that they would like to see changed, then they should ask for a recommendation regarding those particular things. Mr. Scheifley moved that this subject be tabled and referred to workshop. Said motion died for lack of a second. Mayor Weekes stated that he feels some good would come out of such an audit; however, he cannot accept all of Mr. Bird's premises at face value; they would have to be analyzed. He cited a number of areas which make Delray Beach different from the two cities Mr. Bird referred to: the level of services being provided, the size and quality of the beach and manpower for the Sewer Treatment Plant. On the other hand, there are areas in which they could stand to have some outside evaluation and study. Essentially, that is why they entered into a con- tract with MICA. In regard to Mr. Young's amendment to the motion, he agrees with Mr. Bird that any City Board could be called upon to have input but he would not want it to be a part of the motion. He concurs with Mr. Scheifley that this be ~r~ferred to workshop. Mr. Young stated that he will second the motion as origi- nally stated by Mr. Bird if it is understood that they will use every possible Board or Committee to have input into this. Mr. Bird stated that if it is the desire of a majority of Council to refer this to workshop, he will go along with it, but that doesn't change the fact that citizens are paying more for their govern- ment than it's worth to them. They should be able to stop that now. Mr. Scheifley moved to table this and refer this subject to a workshop meeting, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. 4.b.1. Mayor Weekes wished their Jewish friends a Happy Chanukah. 5.a.1. Ms. Sheila Tohn, Homeowners Association of Rainberry Woods, stated that they are having a problem with the City garbage trucks. When they put on their hydraulic system, it revs up the engine and the exhausts are straight down; they're burning holes in the road. Mayor Weekes asked the City Manager to have someone look into it. ~ 5.b.1. Mr. Oral Craft inquired about Mr. Bird's financial comments earlier in the meeting. He asked if this is the first time this has been presented to the Council. Mayor Weekes replied, yes, that this is the first time it has been presented to them in this form. 6.a.1. The City Manager reported that Tom DiFiglio has resigned from the Beautification Committee and the Committee has recommended that Mrs. Sally Thorne of 20 N.W. llth Street be appointed as a replacement for Mr. DiFiglio. - 2 - 12/02/80 Mr. Scheifley moved that Sally Thorne be appointed to the Beautification Committee, seconded by Mr. Young. Said motion passed unanimously. · 6.a.2. The City Manager inquired as to whether Council wishes to consider the noise ordinance, Ordinance No. 81-80, at this time or at a workshop meeting immediately following this meeting. It was the consensus of Council to consider Ordinance No. 81-80 on First Reading at tonight's regular meeting. The City Manager presented Ordinance No. 81-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLA- NEOUS'', ARTICLE II, "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 16-33, 16-34 AND 16-35 AND ENACTING A NEW ARTICLE II, "NOISE CONTROL" PROVIDING FOR THE CONTROL OF SOUND AND VIBRATION ORIGINATING WITHIN THE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR DEFINITIONS; PRO- VIDING FOR THE PROHIBITION OF NOISE DISTURBANCE AND DECLARING CERTAIN ACTS TO BE UNLAWFUL; PROVIDING FOR EMERGENCY EXCEPTIONS AND SPECIAL VARIANCES; PROVIDING FOR MAXIMUM PERMISSABLE SOUND LEVELS BY RECEIVING LAND USE; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR ABATEMENT ORDERS AND NOTICES OF VIOLATION; PROVIDING FOR NO PROHIBITION AGAINST CITIZEN SUITS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Manager reported that the last time this was dis- cussed, a committee was appointed; the committee has reached a recom- mendation and copies of the ordinance have been provided to Council mem- bers. Mrs. Elizabeth Matthews, Committee member, gave an outline of how they arrived at this noise ordinance. She explained the reasons for the changes and additions to it. The Committee recommends to Coun- cil that the City should not seek out noise ordinance violations. Mayor Weekes thanked the members of the Committee for the time they devoted to this ordinance. Mr. Scheifley asked if this ordinance differentiates between types of sound. Mrs. Matthews replied that a decibel is the level of sound. Mr. Thiele added that they regulate sound; if the sound reaches a certain point then it becomes a noise disturbance. Mr. Bird moved for the adoption of Ordinance No. 81-80 on First Reading, seconded by Mr. Young. 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.a. The City Manager reported that the following bids have been received for resurfacing of Del Haven Drive: Bidder Quotation Dixie Asphalt Company $5,317.00 West Palm Beach Carr Soil & Sod 8,260.00 Delray Beach It is recommended that the contract be awarded to the low bidder, Dixie Asphalt Company in the amount of $5,317.00 by passage of Resolution No. 115-80 with funding to come from the 1980-81 Public Works budget. - 3 - 12/02/80 The City Manager presented Resolution No. 115-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE RESURFACING OF DEL HAVEN DRIVE IN ITS ENTIRETY. The City Manager explained that this street has brought on complaints to the City at various times. Now with the development that is proceeding in that vicinity, both the Public Works and Engineering Department have recommended to him that the street be improved. Mrs. Durante asked if the developer has been requested to participate in the resurfacing. The City Manager replied that they have asked the developer and had no luck. Mrs. Durante questioned the $3,000 difference in the amount of the bids. The City Manager replied that one contractor may need a job at this particular time while the other con- tractor may have plenty of work; this is not uncommon. Mr. Bird stated that he would like to see a list of all the streets being considered for resurfacing before approving this resolu- tion. He questions whether this represents the greatest need of the City. There are many streets in the City with pot-holes, rough pavement and cuts across for sewer connection and water lines that are in con- siderably worse shape than Del Haven Drive. He doesn't agree with the priority established and would have to see proof. Mrs. Durante added that the street near the post office is bad and there is a lot of traf- fic on that street. Mayor Weekes stated that he would like to know what some of their other budgeted projects are. He feels, however, that those people who are going to move into the developments on Del Haven Drive and in- vest that kind of tax revenue i'bto the City deserve a decent access; it is a public dedicated road. Mr. Bird moved that they table this item until they have the road priority list in front of them, 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.b. The City Manager reported that there were two proposals from the Planning & Zoning Board meetings held on October 29th and November 18th relative to commercial zoning districts (access limitations). This item was skipped over at the November 4th workshop meeting. It is recommended that Council authorize the City Attorney to draft the ordi- nance modification now proposed by the Planning & Zoning Board. Mayor Weekes stated that if they will insert the words "single family residentially zoned property", he can accept the amend- ment. He investigated this today and as presently worded, depending on who is interpreting the ordinance, it could mean that some businesses could not gain access to their property off of Dixie, 5th Avenue and 7th Avenue because all of those businesses abut residentially zoned property. The insertion he suggested would resolve that problem. Mr. Bird moved to adopt the Planning & Zoning Board recom- mendation with the amendment suggested by Mayor Weekes, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 7:55 P.M. City Clerk ATTEST: MAYOR - 4 - 12/02/80 3"7 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 2, 1980, which minutes were f6rmally approved and adopted by the City Council on ~~, /~/,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. - 5 - 12/02/80