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02-14-77 115 ~.,~,RU~ ~ ]_4~ 1977 A regular meeting of the City Council o~ ~.he City of Delray Beach, Florida, was held in the Council Cl~ambers at 7:00 P.M., Monday, February 14, 1977, with Hayor James II. SchcJ. f].cy presiding, and City Manager J. Eldon bIariott, City Attorney Saberson, and Council members John E. Gomery, Jr., David ]~. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. ]. The opening prayer was delivered by Reverend Job. n W-~rthington, Cason United Methodist Church. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. City Attorney Saberson stated before the approval of t--~e minutes, that when a motion is made, it be done with the stipulation that should anything in the minutes be contrary to the decision on the Special Master's Report (6.f.) that th~ decision shall control over any inconsistencies between the minutes and the decision. This stipulation applies to the January 11, 1977 minutes. Mr..Weekes moved for the adoption of the minutes of the January 24, 1977 meeting, seconded by Mr. Gomery. (No roll call was had nor motion withdrawn.) Mr. Sanson requested that Council separate the minutes of January 24, 1977, for separate disposition. He stated that he found five areas of these minutes where statements, comments, and discussions held were not reflected therein. Therefore, he would like an opportunity to go over the minutes with the City Clerk's office so they may be acceptable to him. Referring to Item 8.b., there were two motions reflected whereas there should have been three. The motion made by Mr. Sanson died for lack of a second. This motion concerned the resolution changed to reflect that Council only supported the build- ing of a four-lane bridge. Mr. Randolph suggested that if there are major changes in the minutes, they should be put in writing as an amendment to the minutes; also, that the Council member who submits this also should ask that the amended portion be included with the minutes. Mr. Sanson moved that the minutes of January 24, 1977, · be tabled, seconded by Mr. Randolph. The motion passed unanimously. Mr. Randolph moved for the approval of the January 11, 1977 minutes of the Special Meeting of the City Council of Delray Beach, with the stipulation as provided by the City Attorney, seconded by Mr. Gomery. The motion passed unanimously. Mr. Gomery moved for the. adoption of the minutes of the Special Meeting of January 31, 1977, seconded bY Mr. Randolph. The motion passed unanimously,. 4.a. Mr. Sanson stated that three times the Council has requested that policies be set in order that minutes may be received from the Board of Adjustment in a timely manner. He stated he received minutes for the meeting of December 9, 1976, on January 31, 1977. City Manager Mariott replied that he will talk to the Chairman of the Board of Adjustment. 4.b. Mr. Sanson requested that Council give consideration for future Workshop discussion, to the thought on the next Memorial Day Services that are held on May 30, 1977, to erect a memorial or appropriate plaque to those members of our Armed Services that served in the battlegrounds of Viet Nam. He stated he has been in contact with the representative of the Veterans of Foreign Wars;they feel this would be an excellent idea and would like the opportunity to sit down with Council and discuss the format. Mayor Scheifley asked the City Manager to schedule this for a future Workshop. 4.c. Mr. Sanson stated that after the meeting with the Planning and Zoning ~oard, there was disappointment amqng the Planning and Zoning Board to Council's reaction. Mr. Sanson stated he appreciates the fact th~i~ the Planning and Zoning Board brought their opinions to Council. !Ie further stated that the City Manager seemed to feel that mistak,~.~ that are made s]~ould be forgiven, but he cannot condone an attitudc~ ~f making excuses and having mistakes glossed over; 'he cttn think of four e~: l~iive i_:~:~}ces w!~;e misl~akos have been made since he hes been ou Co~.~ci. il, that ]~vo cost the taxpayers $300,000. These are misl:akc~,: ;_:!~at have b~lerl made by the Administration. Specifically s~eaking, Mr. Sa]~:~}~n :~'eque~:~_cd action be 'taken by Council relating to the situa'lzJ, on at iI,~}{,? Delr~y Apartments. He stated a loophole has been found in t]]~: ~oning Code which has enabled the owner of the Apartments to successft~i[!y raise the density of those units over and above the current zor]ing. Mr. Sanson stated he believes that perhaps Council has los'k c~}ntrol of some of the rights and authority that they should have to control the zoning of Delray Beach. It is his understanding that the City 2~ttorney has ruled that as long as a unit does not have an. actual cooking facility in the room, then it cannot be considered a dwelling unit; it can have an ice box, sink, or hot plate, but itcannot have a stove. If that is the case, then that is the definition of what a hotel room is -- a hotel room is not permitted in the RM-15 District. Further, Mr. Sanson stated he under- stands through the Department of H.R.S., there are at least 5 to 10 _ other buildings in Delray that are under similar circumstances, and they have-never been licensed or checked out. They are operating outside the law without know!~0dge of the community. He requested that Council instruct the City Administration, and the City Attorney's office to give a ruling on how khe present code is being interpreted. If it is found that what is being done is permissable, he would like to know what can be done to clean it up; als.o, .he would like to know what can be done to stop the construction. City Attorney Saberson stated that the decision that was made was made in accordance wi. th the definitions and requirements in the existing code; it wes a decision that was made in consultation with the Building Department, Planning Department, and the City Attorney's Department. The cooking facilities are one of the criteria by which it is determined whether or not the dwelling unit exists. If a portion of rooms does not con-~ain independent cooking facilities, then under the code, it does not meet.the definition of a dwelling unit; therefore, the partitioning or internal remodeling of those rooms does not constitute the creation of a separate dwelling unit that would violate the density restrictions in the RM-15 zone. Insofar as changing thc existing definition -- the definition that is contained in the · code is a standard definition. In a discussion with the Planning Department, there is a possibility for modification that would include this type of development. Care should be taken in changing the defini- tion of this type, and making a small amendment to cure one problem, a bigger problem may be created for future developments. Mr. Sanson moved that the item'be referred to the Planning and Zoning Board for 'future study and recommendation, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 4.d. Mr. Sanson presented an item concerning the Gateway Shopping Center, and stated he felt that the Administration was at fault to a degree, and it proceeded tO the Legal Department. The development was allowed to circumvent about every ordinance in the City; the only thing that was gotten'back in return was the dropping - of lawsuits. The taxpayers were drawn into the middle of it; then they retained legal action. By advice from Council, ordinances were changed that their defense was based on. It cost the taxpayers, as a result of them trying to speak out on an issue, $9,214.86 in legal fees. Part of the settlement was that Mr. Margolis would give back $4500 in order that he could keep his restaurants open until 2:00 at night; it leaves a balance of $4,714.86 in unpaid legal fees. Mr. Sanson moved'that the City pay the bill; the motion died for the lack Of a second. Mayor Scheiflev stated that any question as important as this that comes on sudden notice should be discussed'at a future Workshop. Mr. Weekes concurred. Mr. Gomery moved that the matter.be referred to a Workshop, seconded by Mr. Sanson. The motion passed unanimously. In replying to some of Mr. Sanson's prior remarks, City Attorney Saberson said that it was inferred 'that. in some way he affirmatively or actively sought out the people in Tropic Isle to enter into suit. 117 .This is absolutely untrue, lie stated he at-te~]ded a n'l~cting of thc Tropic lisle Civic Association Board of Directors at the request of Mr. Ed Kromer. At tile meeting, the City Attorney was asked if he thought it would be helpful if the Civic Association were in the litigation, to which he rosponded that it. would be. At no time did the City Attorney seek them out to come into the case. Secondly, the accusation about the City or the City Attorney "pulling the rug out" from under them from their negotiating stance, is not true. Mr. Sanson said he felt there has been a steady decline on the part of Council to allow them to handle policy and to handle the running of the City; he said Council is the policymaking body of the City. · Mr. Randolph stated that Council is beginning to deal in junk, and he thinks the Agenda should be moved as fast as possible. Anything that is coming out of the discussions should be discussed at Workshop. He thought the discussions to be at the wrong and in- appropriate time. City Manager Mariott stated that he always tries to abide by the rulings and legal opinions of the City Attorney. With regard to the Gateway Shopping Center, he hopes~Mr. Sanson does not really subscribe to the opinions stated earlier; that is, the unawareness or disregard for the strict enforcement of City codes and ordinances. Nothing could be further from the truth With regard to Lake Delray Apartments, he said apparently Mr. Sanson did not like the legal opinion given by the City Attorney. City Manager Mariott concluded by saying that he is not ready to concede for one moment that every one of the items discussed on the Agenda were mistakes by the Building Inspection Department. ~ ~ ~ 4.e. Mr. Weekes stated that Council-received a copy of the letter that he wrote to Mr. Bill James regarding annexation of certain properties within the reserve annex area. He stated that Mr. James called him and they will meet in a week to discuss it further. 5.a. Thomas Sheehan, 405 S.E. 4th Street, spoke concerning the meeting that will come up dealing with the Land Use Plan for Delray. He wondered if, in the interest of the public, that the citizens could be advised of what changes are to be made in the Land Use Plan as well as how it will affect zoning. In his area there is rezoning from a single family dwelling to a multiple family. He questioned whether there, is any ruling for the government of cities that an Agenda must be published a week in advance so the Public will know what is trans- piring. Mayor Scheifley stated that this is impossible as many things transpire during the week that have to be placed on the Agenda. Mr. Frank Carey spoke and said the recent hearing about the Land Use Plan has nothing to do with zoning. If that Plan is ad6pted, then at a later date, if there are changes, there would be public hearings held on specific rezoning changes. There will be · four or five large maps which will illustrate the Land Use Plan These will be placed in the banks and the Chamber of Commerce. Mr. Weekes stated that the Land Use Plan will have to be adopted by Council and there will be a Public Hearing at that time.; . there will be another Public Hearing prior to the adoption of the Land Use Plan. 5.b. Fred Whitman of Tropic Palms spoke concerning the conditional use amendment for the RM-10 zoning. He questioned the status of the board and care homes in the area. Mayor. Scheifley replied that' at a meeting held, i% was decided that some of the Council members would do further investigation, and at.a future Workshop, the details would be brought to light. City Manager Mariott stated this would be dis- cussed at the next Workshop Meeting which would be held Monday, March .7, 1977. 5.c. Paul Friend, 1320 S.W. 20th Terrace, Delray Beach, spoke concerning the election laws of Delray Beach. He said that 1974 was the year that the petition requirement was enacted by Council, and there has not been an election for Councilmen since that time. The only way to guarantee good government is to guarantee good parti- cipation of the qualified electors in the confines of that government. Mr. Friend requested that City Council consider a change in Section 12-2, paragraph B, sub-paragraph 2, of the City Code, to change the number of signatures on the petJ~tion'to run for City Council 118 or other elected office in the City to 1% of the total votes cast 'in the last election. Mr. Friend concluded by asking Council -to consider adopting a change in the ordinance. Mr. Weekes said that citizens must give of themselves to the government, and if there are no citizens, in the City who are willing to take the time and effort to get a petition filled out, he questions whether they are sincere in their desire to serve the public. The present Charter was formulated not more than two years ago; to change it would require a referendum vote of the people. Mr. Weekes said he has no objection to referring it back to the Committee for their recommendation. If they feel that what is being done now is not working, and rever~ing back to the previous system would be more equitable, he has no objection. This item was recommended to the Charter Commission by the League of Women Voters. He would like the opinion of the League of Women Voters. Mr. Friend replied that he had no qualms with the Charter; _ the Charter does not address the percentage. It does address the fact that. you shall be qualified as required in ordinance. The per- centage is a requirement of ordinance. Mayor Scheifley stated that the word "qualify" has two meanings: legal and common meaning. Mr. Weekes said he has no objection to asking the League of Women Voters to look at 'that part of it again. Mr. Weekes moved that the matter of the number of signatures on the petition be referred to the League of Women Voters for their reconsideration and any comments which they care to make, seconded by Mr. Randolph. The motion passed unanimously. 6.a. City Attorney Saberson stated that Council has the Agree- ment to Settle and Consent Decree distributed to them which concerns the. Robertson case; there was an amendment to that which was also distributed. The City Attorney requested authorization from Council to enter into the Settlement Agreement and Consent Decree. There is a place in the Agreement to Settle for Council members to sign. Mr. Gomery questioned what changes there were. The City Attorney replied · that the one change was the notice of delinquency that'is given; the prior Consent Decree contained a provision that the delinquency nOtice would go to the actual user and to the customer in whose name the account is billed at the time of the delinquency. This amendment provides that the first delinquency notice would go to the customer in whose name the account is billed. When actual delinquency occurs, there will-be someone from the Finance Department who will go out to the property and find. out if there is someone who is a user other than the one whose name the account is in; if this is found to be true, a notice will also be given to that user. There will be another eighteen day period that will run.after the giving of that notice. Mr. Sanson moved that Council approve the Settlement Agree- ment and Consent Decree, seconded by Mr. Gomery. The motion passed unanimously. 6.b. The City Manager presented ~opies of the 1975-76 Audit _ Report, Audit Comments and Management Letter, and the Revenue Sharing .Audit Report. Mr. Fred Roche of May, Zima and Company made a presen- tation of the City audit for the 1975-76 fiscal year. Mr. Roche stated the examination'was made in accordance with generally accepted auditing standards, and accordingly included such tests of accounting records and such other auditing procedures that were considered necessary. The above mentioned financial statements present fairly the financial position of the various funds and account groups of the City of Delray Beach; Florida, as of September 30, 1976.. Except for Footnote 7, the requirements and convenants set forth by resolutions covering the issuance of bonds and amendments thereto, have been fulfilled. Foot- note 7 concerns the convenants contained in the various bond issues that the City issued; it concerns specifically the various reserve requirements, whereby the City is required by convenant, to set aside certain monies. The footnote was in the report last year, and there was a deficit. Municipal bonds are in compliance. The internal con- trol is adequate to meet the requirements as required by the Office of Revenue Sharing. Mr. Roche noted some weaknesses in the Revenue Sharing; during the year ending September 30, 1976, the City of Delray Beach was engaged in, and obligated to Federal Revenue Sharing Funds -4- 2/14/77 119 by the IJlqual ],::~!::'Ioyment Ol?ortu]~i[:y again:~t [.t~e City. (liLy Attorney Sabe:~yso]~ said Jn one case the t~c]~al E~xpIoy:.~>nt Oppoz'tnnity has found probable cause for a vit>]ation, ~;~d issued ~ 30-day letter to 'the City asking ].f i:hey wanted to negotiate, it was reviewed and decided that tl~ore would be no negotiations. This ]'~s now been sent to 'the Department of Justice, and 'they wi. il deci~]~~ whether or not 'to file suit against tl~e City. In the oi-?~or case, ~n employee filed with the Equal Employment Opportunity, and the complaint concerned racial discrimination. Mr. Roche concluded tha~ the General Fund Revenue enjoyed an increase over the prior year of approximately 17%; General Fund expenditures increased approximately 10%. Revenues were $6,945,000 and expenditures were $6,894,000. Available cash was invested by the City Administration, and earned $36,000. Total Revenue Sharing Funds were received in the amount of $341,000. The City Water and Sewer Fund had an increase of revenue of approximately 2%. The ex- penditures decreased approximately 4½%. Upon question by }ir. Weekes, Mr. Roche agreed that the financial matters for the City were in good order. Mr. Sanson suggested a Workshop be held after Council has an opportunity to digest the material provided Council concerning the City audit. This will be on the agenda for March 7, 1977 Work- shop, and also discussion regarding the retaining of the auditing firm for next year. 6.c. City Manager Mariott stated this EDA Grant is for sanitary sewers in the amount of $1,230,023. He stated that Council is being asked to pass a motion accepting the Grant offer and authorizing the proper city officials to take ali. actions in connection there- with, and designating the City Manager as the authorized representa- tive of the City. Mr. Klinck stated that the date the City received the Grant offer (Feb. 7) was the start of the 90-day period, within which time labor must start on the project site. The work must begin in at least one of'the nine areas within the 90-day time frame or the EDA will not come through with the money; a report must be made to them the day that the work begins. All the cost for this work is .in the grant; that includes any administrative work, engineering, · architectural, or inspection done on the job since the application was logged in at the EDA in Atlanta. . Mr. Sanson requested a report from Mr. Klinck as to what the engineering fees are going to be. There will be engineering expenses for the construction project according to Mr. Elinck. Mr. Sanson requested that the City Manager check to see if people will be able to hook up to the sewers without charge. Mr. Randolph moved for the acceptance of the EDA Grant in the amount of $1,230,023, authorizing the City Manager to act as agent for the fund, and to authorize appropriate City Officials to take the necessary action in connection with execution of said Grant, seconded by Mr. Gomery, said motion passing unanimously~ 6.d. The City Manager recommended approval of the extension of the agreement for participation in the CETA agreement between the City and the County, for the period from January 29, 1977 to September 30, 1977, covering the 13 CETA employees. Mr. Sanson moved for the adoption of the Agreement for participation in the Comprehensive Employment and T[aining Act, seconded by Mr. Weekes, said motion passing unanimously. 6.e. The City Manager recommended that Council direct that Chapter 15 of the City's Code of Ordinances be complied with in respect to the abatement of the listed nuisances. City Attorney Saberson noted the motion should be in the nature of Council declaring a nuisance to exist on these listed properties and ask the City Clerk to comply wi. th the ordinance in abating these nuisances. -5- 2/1~/77 directed to comply with Cll<::pter ]_5 of ~he ccdc as applicable order 'to provide for abatement of the nuisances determined to exist, seconded by Mr. Randolph, said motion passing unanimously. · 6.f. City Attorney Saberson stated this decision on the PBA Special Master's Report was prepared by him for Council action as a result of the previous meetings that Council has held with. regard to this subject. If Council desires to adopt this as a decision, a motion to adopt this as the decision of the legislative body on the Special Master's Report should }De made and adopted. Mr. Sanson moved to adopt the decision regarding the PBA Special Master's Report, seconded by Mr. Weekes, said motion passing unanimously. 6.g. City Manager Mariott stated that the following bids were received for a one step-van truck for Par~s and Recreation Department: BIDDER .. QUOTATION Adams Chevrolet $5,173.89 Delray Beach Sheehan Pontiac . 5,146.00 Lighthouse Point . The City Manager recommended the award be made to Adams Chevrolet in the amount of $5,173.89 since it is a local firm and it will be easier to secure parts and. service. This is considered to be the best bid as the price quoted is only $27.89 higher than the bid from the dealer located in Lighthouse Point, several miles away. The Parks and Recreation Department has $4,750 budgeted-- for the step-van and the balance will be made up from the operating budget. Mr. Gomery moved that the award be made to Adams Chevrolet in.the amount of $5,173.89 for a one step-van truck for the Parks and Recreation Department, seconded by Mr. Randolph,. said motion passing unanimously. 6.h. City Manager Mariott recommended that Council approve the execution of a Developers Utility Service Agreement with High Point of Delray Builders, Inc., for the providing of water and sewer service to.the area of High Point of Delray, Section 5. A check -in the amount of $6,000 has been deposited in the Development Fund account to cover 60 units @ $100 each. Mr. Gomery questioned how the $100 was established. The .City Manager answered that it was the developer's fee, and was a different charge than the connection charge. Mr. Gomery moved that Council approve the execution of a Developers Utility Service Agreement with High Point of Delray Builders, Inc., for the providing of water and sewer service to the area of High Point of Delray, Section 5, seconded by Mr. Randolph, said motion passing unanimously. 6.i. City Manager Mariott stated that some time ago, a discussio~ was held on the City's refuse collection and disposal program. It is recommended that Council authorize the retaining of'Mr. Paul J. Myers, Southland Equipment Corporation, Barrow, Florida, to assist the City in preparation for the securing of bids for the City's refuse · collection and disposal program. This'service is to cost between $1500 and $2800 and cou].d be taken, from presently budgeted funds in the Public Works budget. Mr. Myers assisted the City in the adoption of the'City's present refuse collection program several years ago, and is very knowledgeable of the City of Delray Beach and its refuse collection operation. City Manager Mariott advised he contacted Mr. Myers in reference to a schedule of compensation to be at the rate of $125 per man-day, with a maximum outside figure of $2800. _6_ 2/1~/77 121 Ui?on c{~.~,~:;l;ion ]:~y 74.~. San:7.~.~l~, the Ci_ty Manager advised he was goJ_1~9 'to co]~:;ult thc Solid Wo::~'I:c Authority of Palm Beach County. Mr. Sanson quest:ioned ii Southland Equipment currently does business with t}~e City; t.),~ City Manager answered no -- not in any substantial way on a continuing basi~3. Mr. Randolph moved that Council authorize the retention of Mr. Paul J. Myers of the Southland Equipment Corporation, Bar;ow, to assist the CJ.ty in preparation of securing bids for the City's refuse collection and disposal program, with the terms as outlined, in his letter of January 28, 1977, seconded by Mr. Weekes, said motion passing unanimously. 6.j. City Manager Mariott reported that in accordance with requirements of the EPA Grant for the Regional Sewage Treatment Plant, an Operation and Maintenance Manual must be submitted before 50% of the construction of the facility is completed to continue receiving funds under the 9rant. A minimum of 6 months is required to prepare the O&M Manual at a cost of $28,500. Delray and Boynton would each be responsible for payment of half the cost. In order to retain eligibility for the federal grant funds, authorization to Russell and Axon to.complete the O&M Manual is necessary. Mr. Sanson stated that he will not vote in favor of the motion that Russell and Axon are going to perform the work. He is currently seeking legislative delegation help in getting some rulings on what is 9oing on relative to the awardin9 of the contracts and the general philosophy of adhering to this act. Several members of the delegation seem to be very interested to know; they will help 9ire'some of the rulings on defining the "gray area." Mr. Weekes moved that Council authorize the expenditure of $14,250 as Delray Beach's share of the Operations Manual for the Regional Treatment Plant, such work to be done by the firm of Russell and Axon, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with'a 4 to 1 vote. 6.k. City Manager Mariott stated that it is recOmmended that COUncil authorize payment by the City of Delray Beach of one-half of the $40,558.50 bill to be paid the Intercounty Construction Company; Delray Beach's share to be $20,279.25. Award of the contract to Intercounty Construction Corporation was approved by Council at the August 9, 1976 meeting. Mr. Gomery moved for the payment of $20,279.25 to the Inter- county Construction Corporation for construction work on the Regional Wastewater Treatment Facility, seconded by Mr. Sanson, said motion .passing unanimously. 7.a. Mayor Scheifley stated that in looking over.the minutes of the Beautification Committee, he does not see the phrase "Council action requested" and underlined, which is a policy of the City Beautification Committee. Mayor Scheifley acknowledged the minutes of the Beautifica- tion Committee for its January 5, 1977 and January 26, 1977 meetings. 8.a. City Manager Mariott stated Resolution No. 9-77,-provides for assessment of cost incurred by the City in abating, a previously determined nuisance against 815 S.E. 1st Avenue, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. The property affected was previously reported to Council in.a survey report of September 13, 1976. The City Manager presented Resolution No. 9-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,~ ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; ~EI%].NG OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPL]~SH SUCII ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES AND DECLARING SAID LEVY TO BE A I,IEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 9-77 is on file in the official I{esoluti~0n Book.) Mr. Randolph moved for the passage of Resolution No. 9-77, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.b. City Manager Mariott stated Resolution No. 10-77, provides for assessment of cost incurred by the City in abating a previously determined nuisance against 216 N.W. 8th Avenue, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. The property affected was previously reported to Council in a survey report of October 25, 1976. The City Manager presented Resolution No. 10-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID · CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH.ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. '(Copy of Resolution No. 10-77 is on file in the ~fficial Resolution Book.) Mr. Gomery moved for the passage of Resolution No. 10-77, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery ~ Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes.; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.c. City Manager Mariott stated Resolution No. 11-77 is relative to changing the name of The Delray South Beach to Atlantic Dunes Park. This Resolution was requested by Mayor Scheifley and Vice-Mayor Sanson. The City Manager presented Resolution No. 11-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DEDICATING CERTAIN LAND IN THIS COMMUNITY, FORMERLY KNOWN AS THE DELRAY SOUTH BEACH, TO BE DESIGNATED FROM THIS DATE ON AS"ATLANTIC DUNES PARK". (coPy of Resolution No. 11-77 is on file in the official Resolution Book.) . Mr. Gomery moved for the passage of Resolution No. 11-77, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - _ Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. Sanson moved that Resolution No. 11-77 be amended to add a Section 2, "That copies of this Resolution be sent to the County Commission members, and County Parks and Recreation Department, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.d. City Manager Mariott stated that Resolution No. 12-77, is relative to vacating and abandoning a drainage easement in Pine Trail Subdivision, located in Section 12-46-42. Council, at its regular meeting on January 24, 1977, requested the City Attorney to prepare the Resolution. The City Manager presen.ted Resolution No. 12-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACII, FLORIDA, VACATING AND ABANDONING A DRAINAGE EASEMENT IN PINE TRAIL SUBDIVISION, LOCATED IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. -8- 2/14/77 (C~>ii~}' ~.~' >~.:~!~olu~i~ ~<io. 12-77 i:~ on file in the official 1~ Mr. Gomcry moved for the passage of Resolution No. 12-77, seconded }~y Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; ML. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheiflcy - Yes. The motion passed with a 5 to 0 vote. ~.e. City Manager MarJ.ott reported that Resolution No' 13-77 is regarding pos~ible amendments to the Florida Sunshine Law. This was discussed at 'the January 19, 1977 Workshop meeting. The City Manager presented Resolution No. 13-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO CHAPTER 286 OF THE FLORIDA STATUTES COMMONLY KNOWN AS THE FLORIDA SUNSHINE LAW TO EXEMPT CERTAIN GOVERNMENT ACTIVITY FROM THE REQUIREMENTS OF SAID LAW, SPECIFICALLY THAT THE FOLLOWING SUBJECT AREAS SHALL BE EXEMPT: PERSONNEL MATTERS, LITIGATION, COLLECTIVE BARGAINING, AND THE ACQUISITION OF REAL PROPERTY. (Copy of Resolution No. 13-77 is on file in the official Resolution Book.) Mr. Sanson stated he would like to see Sect{on 1 expanded to make it clear in the areas of personnel matters. He suggested' the wording "in the hiring and firing of personnel." (No change was made.) Mr. Gomery moved ~or the passage of Resolution No. 13-~7, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.f. City Manager Mariott recommended adoption of Resolution No. 14-77, approving the appropriation of funds the City expects to receive during the current fiscal year under th~ Public Works Employment Act of 1976. This resolution was discussed at the February 7, 1977 Workshop meeting and also at a prior Workshop meeting. The estimated amount is $160,770. The City Manager presented Resolution No. 14-77: A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY FOR THE EXPENDITURE OF FUNDS RECEIVED FROM ANTIRECESSION FISCAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS, PUBLIC WORKS EMPLOYMENT ACT OF 1976. (Copy of Resolution No. 14-77 is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution No. 14-77, seconded by Mr. Weekes. Upon. roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - 0 Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.g. City Manager Mariott stated Ordinance No. 3-77 is relative to reducing the required insurance coverage for Leadership Cable Television Systems from $10 million dollars to $5 million dollars. This ordinance was passed on'First Reading at the January 24, 1977 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. 3-77: AN ORDINANCE OF THE CITY COUNCIL OF %~{E CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 29-74, SECTION 6 (c) BY REDUCING THE REQU.%RED INSURANCE COVERAGE FROM $10 MILLION DOLLARS TO $5 MILLION DOLLARS. -9- 2/14/77 . (Copy of Ordinance No. 3-77 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. There.being no objections, the public hearing was closed. Mr. Gomery moved for the passage of Ordinance No. 3-77 on Second and Final Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion Passed with a 5 to 0 vote. 8.h. City Manager Mariott stated Ordinance No. 4-77 is relative to amending Chapter 4 "Alcoholic Beverages" of the Code of Ordinances regulating the sale. and use of alcoholic beverages. This ordinance was passed on first reading at the January 24, 1977 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. 4-77: AN ORDINANCE OF THE CITY COUNCIL'OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4' "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4-2, HOURS OF SALE; CONSUMPTION AND DELIVERY WHEN SALES PROHIBITED; TO ADD A SUBSECTION (b); EXEMPTION FOR SERVING AND CONSUMING IN PRIVATE HOMES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 4-77 is on file in-'the official Ordinance Book.) ..... The City Manage.r--re~d'~h~capti°n of the ordihance. A Public hearing was held having been legally advertised in compliance with the laws of the Stat'e of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr, Weekes'moved for the passage of Ordinance No. 4-77 on Second and Final Reading, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.i. City Manager Mariott stated Ordinance No. 5-77 is relative to establishing regulations for the selection of architects, .engineers, landscape architects and land surveyors when needed in accordance with the Consultants' Competitive Negotiation Act. This · ordinance was passed on First Reading at the January 24, 1977 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. 5-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING REGULATIONS FOR THE SELECTION OF ARCHITECTS, ENGINEERS, LAND- SCAPE ARCHITECTS AND LAND SURVEYORS WHEN NEEDED IN ACCORDANCE WITH THE CONSULTANTS' COMPETITIVE NEGOTIATION. ACT, FLORIDA STATUTE 287.055; PROVIDING A SEVERABILITY CLAUSE. (Copy of Ordinance No. 5-77 is on file in the official Ordinance Book.) The City Manager read {he caption of the ordinance. A public hearing was held having been legally a~vertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. Mike Considine, 917 South Drive Terrace, spoke saying that Ordinance No. 5-77 has dangers for. the future of the City. Councilmen in the future could t. ie the hands of thereby disrupting the normal flow of business n~cessary [o the efficient operation of the City. He further stated that this OrdJ~nce takes the work out of the hands of the professionals and ~3uts it the hands of the amateurs. Mr. Considine asked, that Council vote n¢~ on the ordinance. The Public Hearing was closed~ Mr. Sanson replied to some of Mr. Considine's r~marks by saying that the ordinance has been amended and there are no amateurs involved in the selection process. The Citizen's Committee was done away with, and the Administration will be reviewing the applications and deciding who is qualified for the job. From there, Council will pass a decision on actual ranking of the firms. The Administration will proceed with the actual negotiation of the contract. Mr. Sanson noted that what he was trying to do was insure that in the process Council does have knowledge of what is transpiring with regard to contracts. Mr. Weekes stated that he had. some reservations about the ordinance, but he has no reservations about, the intent of it. The State gave a terrible vehicle with which to work. Mr. Weekes made reference to Section 5 of the ordinance, paragraph 1, and asked City Attorney Saberson if the word "shall" had been changed to "may" The City Attorney replied it had not. Mr. Randolph said he thinks the ordinance would hurt the "little man", whether the man be a landscape architect, engineer, or land surveyor. Mr. Gomery said he thinks the ordinance gave the "little man" a better chance. Section 5, paragraph 8, seems to give him a way to get in and therefore, he will vote for the ordinance. Mayor Scheifley stated he would not vote for the ordinance due to the fact that Council members are laymen and are not architects, engineers, etc. The people who are voting for it are going to be those who will complain about the workload. Mr. Sanson moved for the passage of Ordinance No. 5-77, on Second and Final Reading, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. 8.j. City Manager Mariott stated that Ordinance No. 2-77, relative to annexing property in the southeast corner of the inter- section of 1-95 and Linton Boulevard, Section 29-46-43, subject to SC (Specialized Commercial) District has been prepared for Council consideration on First Reading. Council requested the City Attorney to prepare an ordinance effecting the annexation. The City Manager presented Ordinance No. 2z77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,ANNEXING TO THE CITY OF DELRAY BEACH, CERTAIN LAND, NAMELY A PARCEL OF LAND IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF 1-95 AND LINTON BOULEVARD, 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. The City Manager read the caption of the ordinance. Mr. Gomery questioned if the property was on the south side of Linton, east side of 1-95, and the west side of Germantown Road. Mr. Carey replied that this was correct. Mr. Sanson stated that over the weekend, he noticed that Bass Creek erected signs on the above property. Mr. Sanson requested that someone relate this to Mr. Brennan so he will have them removed. Mr. Weekes moved for the par~sage of Ordinance No. 2-77, on First '-' ' . h~adlng, seconded by Mr. Gomcry. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.k. City Manager Mariott stated that Ordinance No. 8-77, relative to annexing property at the southwest corner of the inter- section of N.W. llth Street and N.W. 5th Avenue, Lot 4, Block 5, amended plat of Lake Ida Gardens, subject to R-1AA (Single Family Dwelling) District has been prepared for Council consideration On First Reading. Council, at its meeting on January 24, 1977, requested the City Attorney to prepare an ordinance effecting the annexation. The City Manager presented Ordinance No. 8-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA ANNEXING TO THE CITY OF DELRAY -~ BEACH LOT 4, BLOCK 5, AMENDED PLAT OF LAKE IDA GARDENS, AS RECORDED IN PLAT BOOK 23, PAGE 192 OF THE PUBLIC RECORDS' OF PALM BEACH COUNTY, FLORIDA, 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. The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage of Ordinance No. 8-77, on First Reading, seconded by Mr. Gomery. Upon roll call, Council voted as ~ollows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. ' ...... 8.'1. City Manager Mariott stated that Ordinance No. 9-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to creating a new zoning district to be known as LC (Limited Commercial) has been prepared for council consideration on First Reading. This ordinance was discussed at the February 7, 1977 Workshop meeting. The City Manager presented Ordinance No. 9-77: . AN ORDINANCE OF THE CITY couNcIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO CREATE A NEW ZONING DISTRICT TO BE KNO~N AS LIMITED COS~ERCIAL (LC) AND PRESCRIBING THE USES PErmITTED THEREIN; AMENDING SECTION 29-2 (c) "ESTABLISHMENT OF ZONING DISTRICTS" TO INCLUDE THE NEW LC DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ! The City Manager read the caption of the ordinan~.. Mr. Randolph moved for th~ passage of Ordinance No. 9-77, - on First Reading, seconded by Mr. Gomery. Upon roll call, Council~ voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.m. City Manager Mariott statedOrdinance No. 10-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to parking requirements for shopping centers has been prepared for Council consideration on First Reading. The Planning and Zoning Board, at a meeting held on December 28, 1976, recommended by unanimous vote that 5.5 parking s~aces for 1000 square feet of gross leasable area for shopping centers be approved. The City Manager presented Ordinance No. 10-77: -12 2/14/77 127 "ZONING" OF TIlls; CODE OF O]~D1NANCI.s. OF 'FILE CiTY OF · DELRAY BEACH BY AMENDING SECTION 29-'10 (I) BEING THE lARkING AND LOADING SECFIO OF THE CC (CO[,~MUNITY COMMERCIAL) DISTRICT PROVIDkNG THAT THE NU[4BER OF PARKING SPACES FOR SHOPPING CENTERS SHALL BE 5.5 PER 1000 SQUARE FEET OF GROSS LJsAoABLE FLOOR AREA; REPEAI. ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITIt; PROVIDING A ·PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance before the amendment was made. Mr. Weekes questioned the definition of a "shopping center." Mr. Gomery read the definition from the Zoning Code: ,,a group of commercial establishments planned, developed, managed,'and operated as a unit." Mr. Weekes said he felt this definition was vague. Mr. Frank Carey stated this was addressed to the CC District by the Planning and Zoning Board rather than the off-street parking. Mr. Sanson noted that major changes shoUld be advertised. Mr. Veekes suggested that this OrdinanCe be passed on First Reading, and adjust it before Second Reading. City Attorney Saberson stated that the caption of the Ordinance amends the off-street parking section of the Zoning Code; it does not amend the CC Zoning District. This would-amend it for all ZOning distric~s.'"'He'said When the City Clerk advertises the ordinance, she will have to know what section it is that will be amended. Since the urgency is in the CC District, the City Attorney suggested that the ordinance be passed tonight as an.amendment to the CC District and limit it to _that; later, it can be broadened. ' Mr._.Sanson moved for the passage .of Ordinance No. 10-77, on First Reading, seconded by Mr. Randolph' Aft'er discu§sion, Mr. Sanson withdrew his motion, and Mr Randolph withdrew his second. Mr. Sanson moved for the passage of Ordinance No. 10-77, as amended, amending the off-street parking.requirements for Section 29-10 of the Zoning Code, in reference t© the parking requirements for shopping centers being 5.5 for 1000 square feet of gross leasable floor area, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson Yes;.Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Sanson questioned the payment on Page 4, to Southland Equipment. City Manager Mariott stated that from time to time the City buys equipment from Southland. Mr. Sanson requested that ths.~!.ty Manager determine what this expenditure represents. Mr. Sanson also questioned, on Page 6, the payment to I.B.M. Corporation in the amount of $10,451.48. The City Manager stated this was probably a rental as I.B.M. does not sell their equipment, but leases it. This item is also to be clarified. ' Mr. Gomery questioned Special Projects.Fund on Page· 9. The' item in question was payment to Planned Parenthood in the amount of $11,412.00. The City Manager advised the City will be reimbursed for this amount. Mr. Randolph moved that Council authorize payment of the City's bills, seconded by Mr. Gomery, said motion passing unanimously. General Fund ................. $502,141.80 Water & Sewe~ Fund ............. 129,664.60 Special Assessment Fund ..... .... 16,'672.81 Cigarette Tax Fund ............. 14,125.00 Utility Tax Fund . . . ; .......... 54,102.65 Refundable Deposits Fund ....... '. . . 1,702.00 Cemetery Perpetual Care Fund ........ 2,185.72 Special Projects Fund ........... 26,851.95 · -].3- 2/14/77 Tmprovement Trust Fund ............ $40,000.00 Beach Restoration Fund ............ 5,753.96 Federal Revenue Sharing Fund ......... 62,450.00 Mr. Sanson moved for the adjournment of the meeting, seconded by Mr.. Weekes, said motion passing unanimously. The meeting was adjourned at 9:50 P.M. 'C~ity Clerk APPROVED: M.AY 0 R - -14- 3/] ~/77 129 D]f.C]'"']'iON Ot!' '['71[i!; CITY CO[U~CIL ON TI1],~ P]3A S['J~C. iI'J'%L MASTER'S REPORT City of De].ray Beach, ) Florida ) DECISION OF TI~ LEGISLATIVE ) BODY ON TttE SPECIAL MASTER' S - and - ) REPORT ) Palm Beach County ) Police Benevolent Association ) This document is the decision of the City of Delray Beach,City Council, on the Special Master's Report rendered by Mr. John Remington dated December 3, 1976'. The Special Master made several awards on open issues between the parties; however, the award made in some in- stances did not cover the entire scope of the open issues involved. This decision is limited solely to the awards made by the Special Master and is not intended to express any opinion on issues or portions thereof Which may not have been resolved by the Special Master. The City Council in rendering this decision i, ntends ~hat in the event the. Palm Beach County Police Benevolent Association is in agreement with the disposition of the matters contained herein, then the remaining tentatively agreed upon articles which were negotiated by the negotiating teams for each side will come to City Council and the' employees in the bargaining unit for possible .ra.tification or --- other disposition. The decision of the City council of the city ~e Delray Beach is as follows: Item 1 - Dues Deduction. Accept SPecial Master"s Award relating to the City paying the Cost of Dues· Deduction. Reject Special' Master's wording Of the Article and substitute wording that was used in the City's proposal to Local 1842 of the Firefighter's Union, except modifying such language to reflect that the dues deduction in this instance is for the Palm Beach County Police Benevolent Association. Item 2 - Personnel Records. . Accept Section D,and Section C reworded as follows: Section C: the City agrees that upon his written request on a form approved by the City, at a reasonable time, any employee shall have the right to inspect his official personnel record wherever kept. The employee shall have the right to duplicate copies of this record at his expense for his use and the City agrees, that no personnel record or records of the employee making the request shall be withheld from the employee. Reje:c_t_ balance of the Special Master's recommendation. Item 3 - Internnl Invest~_qations. Acqe}7.~. Special Master's At, rd that no .employee during an In- ternal Investigation shrill ]3e compelled to submit to any device designed to mcasure thc' truth of ]]is responses during questioning. Item 4 - Reject. Special Master's Award. Item 5 - Substitute Employment. Rejec~ Special Master's Award. Item 6 - Job Description. Reject Special Master's Award. Item 7 - Emp%pymen~. Acc0.p_~t Special Master's Award. Item 8 - Insurance. ..... Reject Special Master's Award. Item 9 - Work-week and Overtime. Reje6t A and B of Special Master's Award. Accept Section C of Special Master's Award as follows: "The City agrees that ba'~gaining unit employees Will be compensated at straight time for every hour they are'ordered .to be on standby at their home or teleph0D~." Item 10 - Hiqher Education. ,.~e.ject Special Master's Award. Item 11 - Un..ifprm~, Clothing and Equipment. ~ccePt Special Master's Award in Paragraph I, reworded to read as follows: "The City agrees that any employee who shall receive any breakage, damage, or loss to his uniform or per- sonar, equipment in the line of duty from accidents that are unavoidable shall have it repladed or re- paired, subject to the approval of the Police Chief - in each instance." ' Reject the remainder of the Special Master's Award. ~tem 12 - Lonqevit¥ Benefits and Incentive Pay.. Rej..eq~ Special.Master's Award. Item 13 - Funeral Expenses. AcCept Special Master's Award. Item 14 - Leqal Benefit. .' g~jeo~_ Special Master's Award. 131 Item .u - Mn]~r~tennnce o~.~ ]~enefit,~.~ and Severability_. Rejgck special ~'¥]aster's Award. Item l0 - ~ Special Ma'~ster's Award. By the acceptance of various provisions of the Special Master's Report, it is not intended by the City Council that the provisions ac- cepted go into effect, These provisions will not become effective un- less and until the parties have agreed upon .the content of a complete contract. Any agreement upon the content of such a complete contract may be reached only after ratification by the employees in the bargain- ing unit and approval by the City Council of the City of Delray Beach in a formal meeting. City Council does not consider the provisions of the Special Master's Report herein accepted to constitute a complete contract. "PA~SED AND ADOPTED in regular session on this the 14th day of February, 1977.