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01-26-76 JANUARY 26, 1976 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, January 26, 1976, with Mayor James H. $cheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph, and Aaron I.Sanson, IV, present. 0 1. The Lord's Prayer was offered in song by the J. J. Hill SPecials, a group of young people led by Mrs. Johnny Hill. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of January 12, 1976, were ~nanimously approved on motion by Mrs. Kri~os and seconded by Mr. Gent.. Mr. Sanson stated he would like to make several clarifications in the minutes. Under Item 4.a.9., the last sentence stated it was suggested the workshop meeting for the Financial Advisory Board be scheduled for the first Monday in February. He asked if this would be the date. The City Manager replied in the affirmative. Mr. Sanson stated under Item 6.h., it was stated Mr. Sanson asked the City Attorney to present a status report on the Marineway Seawall. He asked that the City Attorney be allowed to present this report under Item 6.a. The City Attorney suggested the report be presented at this time. The City Attorney reported the Marineway Seawall has been pending for approximately 6 months. A title search has been completed on the property,copies of which have been furnished Councilmembers and the group of persons who had approached Council requesting that a title search be done. The Assistant City Attorney is currently researching all instruments to determine correct legal descriptions and the language that was used with regard to the conveyance of the property adjoining the street. A definite opinion of the ownership of the abutting property to the Intracoastal Waterway is expected by the end of January. Mr. Sanson asked the City Manager to notify the most interested parties when the matter would be discussed by Council. 4.a.1. Mayor Scheifley announced that Council has received a letter from Mr. J. Watson Dunbar who has asked that his letter be made a matter of record of this Council meeting. Mayor Scheifley read the letter into the record as follows: "Dear Mayor Scheifley: The following remarks express my own feelings and convictions; in no way do they represent the voiced opinions of any member of the Beach Property Owner's Association. The proceedings of the workshop meeting of Monday, January 19th that involved a hearing into the cases of former patrolmen Clemens and Zolnay, must have been degrading to both members of Council as well as to the discharged patrolmen; certainly the scene was distasteful to most of the people in the audience. Fortunately, even with subse- quent reporting of the session in the newspapers, .only a handful of Delray Beach citizens are aware of what took place, or the reason for such a frank and, sometimes, bitter exchange between the parties. In my opinion, Council should never again open the door to a review that really is beyond its duty to carry out. For no matter how overwhelmingly the evidence may be in the defendents favor, Council, by Charter decree, can neither rehire or clear the records of patrolmen or other city employees who have been discharged. Only the City Manager can hire or rehire city employees; and no one acting professionally and ethically, can change or "clear" the unfalsified records of a discharged employee. Council can, however, request the City Manager to rehire an individual and upon his failure to do so may consider thi~ sufficient cause for his dismissal. With the above as a bac~round, I would like to make two suggestions for Council consideration. First, when a person is hired for a probationary period, tell him verbally and in writing that in case he is discharged prior to the end of his probationary period, he has no recourse, other than to the City Manager and to the Circuit Court of Palm Beach County. And tell him that his case will not be reviewed by Council because such a hearing is not provided for in the City's Charter. And he should be told this same thing at least quarterly in the consultations he holds with his supervisory staff. Secondly, I suggest that Council consider the advisability of changing the method of choosing the five members of the Civil Service Board. As now constituted, three of the five Board members are appointed by Council, two by election among city employees. A man discharged from any department of city government goes into a Civil Service Board meeting probably with a strong feeling that the cards are stacked against him. He realizes that the majority of the Board is hand-picked by Council and will probably affirm the decisions of the administration. The fact that the Board practically-always does just this, makes the discharged employee more certain of his convictions. It seems to me that if all five members of this Board were elected by the voters this criticism would be washed out immediately. You would now have a Board accepted as impartial, concerned only with facts and the making of a fair and just decision. I'm sure the present members of the Civil Service Board are all honest, upright men, but no matter how great their integrity there is always the thought in the mind of a man who seeks justice that somehow or other he is fighting a losing battle. I offer the above suggestions only in the hope that they may generate ideas that will bring to an end any more meetings like the one of the 19th. Sincerely, J. W. Dunbar JWD/jd P.S. I would wish public acknowledgment of this letter at the Council meeting ~f January 26, 1976, and that the portion dealing with the election of members to the Civil Service Board be read into the recorded minutes of this meeting. Many thanksl" Mayor Scheifley informed Council that he had a statement he would like to read and have it entered into the record of this meeting. "I feel that as the duly elected Mayor of the City of Delray Beach it is incumbent upon me in my responsibility to take some action or suggest something to resolve the present controversy about the Police Department. I do not approve of the Grand Jury investigation of the Delray Beach Police Der~artment at this time. Such a drastic step would be wa~ranted only if there were any evidence of corruption within the department. There has been no question of that -2- 1-26-76 kind of situation. I think the call for a Grand Jury investigation is unfair to the many fine officers and patrolmen in our Police Department. I stand by my statement that any hearing is meaningless unless all witnesses are sworn to tell the truth. Our system of local government does not give authority to the City Council to reinstate Mr. Zolnay, as our City Attorney has affirmed. I also believe the citizens of Delray Beach have the right to have their confidence in their Police Department affirmed. There- fore I make the following proposal to the City Council: I propose that a Management and Operations Study and Evaluation of the Police Department be authorized by the City Council and begun as soon as possible. This study has long been requested by some citizens, and funds for it were planned to be included in next year's budget. However, the need appears to be urgent at this time. I would urge Council to consider authorizing the International Association of Chiefs of Police to conduct this study on the basis of the high level of practical expertise and experience of their personnel. I feel our present situation calls for a study by persons skilled primarily in management techniques. If we take this step I think this unfortunate situation will be worked out satisfactorily. Rather than~ a widespread problem within the department which would warrant a Grand Jury investigation, there may exist only a problem at a level of administration within the Police Department. Other members of City Council are as anxious as I am to resolve this problem. Therefore, I recommend that the Council authorize the Operations Study and Evaluation as previously mentioned." Mayor Scheifley presented each member of Council and the press with a copy of his statement. Mr. Gent stated it is his personal feeling that everyone on Council and in the Administration knows what and who are the problems involved in the Police Department. He stated he believed an investigation would only prove what Council already knows. He felt Council needs a subjective investigation to get to and solve the problem. Mr. Gent moved that the City Council proceed immediately to hire an outside independent organiza- tion to determine if there is any misconduct, misfeasance or malfeasance of office, by officers of the Police Department or any person acting as Chief of Police, and that the City Attorney be so instructed to recommend such an organization or organizations to fulfill the assignment. Mrs. Krivos seconded the motion. The City Attorney stated that in accordance with past~Council procedure, Council should move and approve the taking up of a given item that is not on the agenda as an item to be taken up by Council members, which item is presently being discussed. Mr. Sanson asked for clarification concerning Mr. Gent's motion. Mr. Gent replied he is asking for a subjective investigation, not an evaluation, to look for malfeasance, misconduct or misfeasance in the Department, or a person Acting as Chief of Police. Mayor Scheifley stated he was asking for an operations study and evaluation as has been -3- 1-26-76 advocated for about a year and a half by several citizens' groups. Mr. San~0n stated it is his intention to support the concept of an investigation as well as an evaluation. He said he felt it to be extremely important for the City and its future to clear up a tremendous political credibility gap between the Police Department and the City Manager's office and their communication with the public. He stated he wants the matter cleared up so no question will remain in the minds of the public. Mr. Sanson said 65.4% of the Police Department members except for the administration members, which is 52 Police Department members, have signed the following statement, which statement will be released to an investigating committee: "I, the undersigned, state that I am a sworn police officer for the City of Delray Beach, Florida. I wish to let it be known that I support the following statements: 1. I request that the City Council of the City of Delray Beach consider favorably the reinstatement of four police officers fired from the Delray Beach Police Department, those officers being Whitney Papy, George Clemens, Richard ~ Zolnay and Nicholas Nanna. 2. That I disagree with the officials and their use of their position in obtaining the resignations and of the manner in which the men were fired. 3. That I request a full-scale investigation be conducted by an independent organization or group to determine if there was any misconduct by the officers, malfeasance, or malfeasance of office by officers of the Police Department or any person acting as Chief of Police." Mr. Sanson reiterated this represents 65.4% of 52 people and 'Stated with this kind of dissension in the Department, something is very wrong. Mr. Sanson agreed with Mr. Gent's request for an investigation and asked that the City. Attorney recommend the best procedure to be followed. Mr. Randolph stated he was sorry he could not support the Management and Operations Study as proposed by Mayor Scheilfey. He said he could not, at ~his time, support any investigation or evaluation by the International Association of Chiefs of Police. He said he did not vote to bring this matter to Council, but since it has come for considera- tion, it brought forth many things he had suspected existed. He stated (1) there are some very vicious people in the Police Department and these are not all patrolmen; (2) an evaluation or management study would not prove anything; (3) he favors a Grand Jury investigation since he feels this is the only way the matter can be cleared up in the Police Department of Delray Beach. Mrs. Krivos stated this matter has been long and drawn out, dating back to a year and a half ago. She said Council has tried vainly to restore the lives of the men who have been fired. The men fired, with the kind of recommendations that have been given wherever they have turned for employment, are unable to obtain employment because of the recommendations. Mrs. Krivos stated she supported the evaluation report by the International Association of Chiefs of Police in order for the Police Department to change some of their techniques. She said she did not believe this report would go to the root of the problem and strighten out the personnel causing the problem. She stated 65.4% is - a majority of the Police Department and is a very serious matter. Mrs. Krivos said she wanted a very thorough investigation held as quickly as possible. She said she wanted the police officers to be free to do their job without fear of reprisal from within the Department. Mayor Scheifley asked Mr. Gent to clarify his motion again. Mr. Gent reread his motion. He moved that City Council proceed immediately to hire an outside independent organization to determine if there is an~ misconduct, misfeasance or malfeasance of office, by officers of the Police Department or any.person acting as Chief of Police, and that the City Attorney be so instructed to recommend such an organization or organizations to fulfill this assignment. The City Manager suggested Mr. Peter Costello and/or Chie~ Cochran be asked if the International Association of Chiefs of Police would be able to handle both an evaluation and an investigation. Mr. Costello stated they would perform an -4- 1-26-76 evaluation and offer proc~res-~ etc.~t~"be changed, but he did not believe they would conduct an investigation. He stated even so he felt this operation study should be held to provide a good base to work from in the future. Chief Cochran agreed with Mr. Costello. Mr. Joseph Shortino, a Commissioner of Police from Trumble, Connecticut, spoke from the audience. He stated he had read of the present situation in Delray Beach and said he had gone ~hrough the same process in his town in Connecticut. It was a very expensive process through the Inter- national Association of Chiefs of Police. They found they could hire retired Chiefs of Police from the State Police who had held the position of Captain or above in the administrative capacities; these men worked for less money, responded more rapidly and straightened out the problems much sooner. Mr. Sanson asked to amend Mr. Gent's motion to specifically direct the investigation toward the time when the officers were fired. Mr. Gent stated it should not be limited since the same persons are in the Department today. Mr. Sanson stated he did not want to limit the investigation, but wanted to include that span of time in which the firings occurred. Mr. Sanson moved that the investigation specifically address itself, but not exclusively, to the period of time during which the four to six officers were dismissed or demoted from the Department and the City had no formal Police Chief. The City Manager suggested the period be from January 1, 1974 to the present. Mr. Sanson included in his amendment that the period of time be from January 1, 1974 to the present time. Mr. Gent accepted the amendment. Mr. Randolph stated this matter should be handled with great care. He did not feel a limited investigation would be sufficient; he felt the situation could occur again. He said he would like to make a motion after discussion on this particular subject was completed. Mr. Sanson said he has two main reasons for supporting the investigation rather than a Grand Jury investigation. (1) he felt in the essence of time, it could be handled much faster with an investigation rather than the Grand Jury; (2) the Grand'Jury is only convened on a basis of criminal charges and he feels the issues being questioned are not of a criminal basis. He also said when a Grand Jury investigation was being discussed last year by Council, he was disgusted with the reception that Mr. Bludworth's office gave the idea. Several police officers went to talk with Mr. Bludworth, who was sworn to secrecy. It was reported to the Chief of Police and other departments that they had been to see Mr. Bludworth before they could return to Delray Beach. He questioned Mr. Bludworth's desire to enter into this type of inves- tigation since it might hurt his future political career. Mayor Scheifley called for a vote. Upon roll call, Council voated as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 4 to 1. Mr. Sanson stated he felt an evaluation should be made, but ques- tioned whether or no% it should be done by the International Associa- tion of Chiefs of Police. At the time this matter was considered previously, Council received 5 to 7 bids with the Association of Chiefs of Police being the most expensive. The consensus at that time was that if this matter was reconsidered, ~t would be with the idea of getting all new bids and very concise proposals from these organizations as to exactly what they are going to do. Mr. Sanson moved that Council instruct the City Manager to take the necessary steps to Contact firms that would be interested in doing an evaluation of the Police Department and report back to Council as quickly as possible with detailed reports from these firms, and Council would discuss the results at future workshops; this process would be handled as would any other item of.a bid nature - that Council look at all organizations. Mr. Ge~t seconded the motion. Mrs. Krivos asked how long the City Manager thought this process would take. She stated she wanted prompt action. The City Manager replied if the firms that ~ad submitted proposals before were contacted by telephone and other firms were contacted by letter, it should k~ accomplished within about 30 days. He stated this was a very short time, but felt responses could be obtained within 30 days. Mrs. Krivos asked Mr. Costello when he felt the International Association of C~iefs of POlice could begin. He replied he felt they could begin within 30 da ~ayo' Scheifley asked ho%7 long the investigation %~ould take. Mr. replied a report could be received in approximately 60 da' offered an amendment to the motion he made that bids be in y Manager's office within 30 days with an additional 15 days before City Manager woUld schedule the workshop session to discuss the ' with Council. Mr. Gent accepted the amendment. Mayor Scheifle -5- 1-26-76 ~for a-vote.. Upon~roll~ call, Council voted as follows:.-Mr,. Gent - ~gs; Mrs. Krivos -. Yes; Mr. Randolph --No;.Mr~--Sanson-- Yes; Mayor .~cheifley - Yes. The motion passed with a 4 to 1 vote. - Mr. Randolph prefaced his motion with the statement that no one else had the guts to say to several of the people in the Police Department that they are out of line.. They should be told to straighten up or they will be fired just as the young patrolmen were fired. Mr. Randolph moved that the City Manager of the City of Delray Beach take under consideration, immediately, to ask for the retire- ment for the good of the service of the following two officers of the Police Department of Delray Beach - Major Billings and Captain Kilgore. Mr. Gent seconded the motion. Mayor Scheifley asked the City Attorney whether or not this motion was in order. The City Attorney replied that asking the City Manager to consider this possibility is in order. The City Council, as a body, does not have the authority to appoint or remove employees, but it does have the ability to ask the City Manager to consider it. Mr. Sanson stated that for the same reason that he will not support the reinstatement of Mr. Zolnay later in the meeting, if a motion is made to that effect, he would not support this motion since, although he might agree in principle with what is being attempted, he felt at this point he could not be the judge and jury as to whether these men deserve to be reprimanded in this form or disciplined for what is obviously, through innuendo, criticism of their job performance. Upon the results of the investigation, however, if it were in any way proven that there was anything wrong, he would not hesitate to suggest the same as Mr. Randolph, not only for these officers, but anyone else, including the City Manager, who is shown to have been involved in anything wrong in his job performance. Mayor Scheifley asked Mr. Randolph to word his motion again. Mr. Randolph moved that the City Manager consider asking for the immediate retirement for the good of the service of the two officers that he so stated previously. Mrs. Krivos asked Mr. Randolph the following question - 'suppose the City Manager does not consider asking the retirement of these two officers? The City Manager answered that he will consider anything that he is asked to consider. He further answered that that goes not only for Council or any member of Council asking that the City Manager give consideration to something, but he considers everything that any citizen of this City comes to him and asks him to consider. Mrs. Krivos asked the City Manager when he expected to consider this matter and report back to Council. The City Manager replied he would have to consider the request, but it would be as expeditiously as possible. He stated he should be able to reply by the next regular meeting. Mr. Gent asked for clarification; he asked if this motion passed, would the Council have the answer from the City Manager the next regular meeting. The City Manager replied he would expect to be able to have a response to Mr. Randolph's request by the next reg'ular meeting date. Mayor Scheifley called for a vote. Upon-. roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. 'Mr. Sanson stated he would like to make one other motion relating to this matter. Mr. Sanson moved that the suggestions expressed in Mr. Dunbar's letter be referred to future workshop for discussion. The City Manager suggested that the suggestions be referred to the Civil Service Board for their input. If Council could receive their input prior to Council's consideration at work- shop, it might be helpful. Mr. Sanson so amended his motion. Mr. Sanson remade the entire motion. Mr. Sanson moved that the suggestions expressed by Mr. Dunbar in his letter and the additional subject of a reduction of a probationary period for police officers be referred to the Civil Service Board for their study and recom- mendation, and then be brought back to Council for a workshop session. Mr. Gent seconded the motion. Mayor Scheifley called for a vote. Upon loll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. --6-- 1-26-76 Mr. Gent stated on ~pril 7, 1975, Joe Collier, as Chairman ~fa~he'Ci~il~Se~rv~C~ Boa'~di~asked'~r ~d~ifiC~%~ons~in the Civil ~V~ RU'lles~'~He '§~t~drh~reCa~lt~dlth~s'-was~tO~bedone between ~h~tCity~A.ttorh~y and~ th~ Ci%ylMan~ger~and the/CiVil Service Board. ~h~ Ci%Y'Manager re~lied the Civil'Servi~e~Board has done a consi- derable amount of work 'o~ the"reviSed Code of Rules and Regulations. ~'e~stated~it was diSCussed bY Staff about a week ago and it is now being typed up, ' ' -' ~ '~ ~ ''~ ~' ~.a.2. Mr, Gent stated i% has been a year since he asked for the ~odification of the Zoning Code. It Was referred to Planning and Zoning on February 20, 1975, 11 months ago; on October 14th the City Manager, at workshop, indicated he wanted more put into the section on parking of boats, campers and trailers, and also the fee schedule. Mr. Gent stated it was his understanding that the City Manager has told the Building&~Zoning administrator not to enforce the ordinance. The reason originally given was because the Code was being revamped. It is still not bein~ enforced. Mr. Gent stated he was told on January 5th, when he asked the City Manager what had happened to this since October 14th when he was going to receive the input, the answer was that Roy Reid was in the hospital and his input is needed. Mr. Gent asked why nothing was done for the two months between October 14th and December 12th. Mr. Gent stated he would also like to question the.results of the Charter Revision Committee. He said Council received the charter revisions on June 23rd, 1975, in writing. The revision did not appear on an agenda of this Council until January 5, 1976. The Charter Committee had asked for a November referendum. Mr. Gent stated it appeared on the workshop agenda on January 19th for discussion. The revision must be in the hands of Mrs. Jackie Winchester, Supervisor of Elec- tions, by February 2nd in order to be placed on the March 2nd ballot. He asked why this was delayed six and one-half months. The City~ Manager replied Council did not determine to schedule Charter meetings to submit the Charter to referendum in November. He said there is sufficient time according to the City Attorney and City Clerk to meet all legal requirements to have the Charter at referendum on March 2, 1976, on the City's regular election date. City Manager Mariott also stated he had had several discussions with Mr. Gent regarding codification of the Municipal Code. He stated prior discussions had included the Municipal Code per se, but during the last telephone conversation with Mr. Gent, the topic concerned only Chapter 29 which is Zoning. It is true that that portion has been held up for reasons mentioned by Mr. Gent. Mr. Reid is back to work now and the City Manager has received input from the Planning and Zoning Department and the Building Inspection Department. He stated he wanted to discuss this information with Mr. Reid before it is placed in a form that will be submitted to council. The City Manager stated it is his intention to have as much of the Comprehensive Plan before Council for regular adoption consideration at the next regular meeting; he did not know how much of this could be presented, but it would cover all that could be accomplished in the time period remaining. The Area Planning Board is in informal agreement with all of the actions that Delray Beach has taken to the present time. There are about 7 or 8 required elements of the Comprehensive Plan and the Zoning Code is just one of those elements. Mr. Gent commented that the Council voted a 120 day period which is long past. Mr. Sanson asked if the full Zoning Code is not ready at the next regular Council meeting, could the Council pass what is completed; when the parking ordinance is straightened out, the new zoning ordinance could be amended. The City Attorney stated it would be proper to pass the remainder of the Code and at such time as Council wishes to amend the other section, it could be done. 4.'a.3. Mrs. Krivos stated in 1971 Council authorized the recoding of the entire Code of Ordinances, awarding the work to a corporation in Washington, D. C. The City Manager replied this was NIMLO. Mrs. Krivos stated Council received a letter from the National Insti- tute of Law Officers saying ti~ey had sent the suggested Code to the City Attorney on January 4, 1973. She stated Council has never seen this Code, but NI;4LO has been paid $4,000. Now Council has receiw~d a bill for $3,835.26. When Mrs. Krivos asked the present City Attorney where the Code was, he replied it had been given to him in a box. She stated this is a total of $7,835.26 thrown down the drain. -7- 1-26-76 4.a.4. Mrs. Krivos asked why the nuisance abatement on the Glassman property is not'on the~agenda for~thi~meeting.~The~30 days was up oh~'DeCember~25th~ ~-She~stated~she~wantedi'so~e-ac~ion taken on the clearing of the prOperty, iThe City Manager replied it is not time for it to come back on the agenda. Council took all the action it could take under law. The next step is' to have it cleared which is handled~by the City Clerk. Then it comes back to Council for final ~ction. The City Clerk stated the low bidder to clear the property had been notified this afternoon and it will be cleared within the next several days. 4.a.5. Mrs. Krivos stated last week there were three breaking and enterings in the Delray Isles Subdivision, with a fourth attempt at breaking and entering. She asked how many patrol cars are on the beach side and what the patrol boat is doing. Chief Cochran replied the boat is on operation and the Police Department always has at least one car on the beach. Mrs. Krivos questioned the advisability of having only one car on the beach during this time of year. She requested another car be assigned to patrol the homes in the beach area. 4.a.6. Mrs. Krivos said she had three paragraphs she would like to read to the members sitting on the podium concerning the Sunshine Law. It states in Statute 286.011, Item No. 5, Secret Meetings, reads as follows: "Two or more legislators may not hold a secret meeting with the intention of excluding the public and press for the purpose of deciding upon a mutual voting pattern or other course of action with respect to a particular legislative matter." She said that is the opinion of the Attorney General 072-16 on January 12, 1972. She quoted from Florida Statute 286.011, Item No. 9, as follows: "A conference session or workshop meeting of a town council where matters are discussed on which fore- seeable action will be taken by the Council is under the purview of this section, and minutes of any such meeting must be properly recorded and open to public inspection. These minutes are to be no different from those required for any other meeting of the town council." Opinion of the Attorney General 074-62 dated February 28, 1974. She quoted: "It is not a violation of this section for the City Manager to meet individually with members of the City Council to discuss City business provided that he does not act as a liaison for Board members by circulating information and thoughts of individual Councilmen to the rest of the Board." Opinion of the Attorney General 074-47 dated F. ebruary 13, 1974. Mrs. Krivos stated last Monday night, January 19, 1976, was one of the few times Council had ever had taped minutes of our workshop. She stated she felt it is a necessity to have regular minutes just as are received from the Council meetings. She asked the City Attorney if it is not necessary to comply with the State Statutes:' He felt it did not require verbatim transcripts. The City Attorney stated he would check into the requirements for minutes of the meetings held by Council. 4.a.7. Mr. RRndolph reported last Friday evening, he attended a Community Development Meeting in West Palm Beach alo~g with the City Manager and Mrs. Oxidine from the City. It was a joint meeting of the Citizens' Advisory and Technical Advisory Committees. The recommended distribution of first year Community Development Funds were shown which totaled some $800,000. The results of the recommen- dation passed with a vote of 5 to 3 with Delray voting in the negatJ.ve. The reason for the negative vote is that Delray felt the $140,000 received by Delray from first year funding was not what Delray should have received. The County Commissioners are scheduled to vote on the -8- 1-26-76 recommendation tomorrow. The breakdown of the $140,000 is as follows: $90,000 for Housing rehabilitation; $50,000 for Teen Town Construc- tion (plans, architectural drawings, etc.). Mr. Randolph said he felt Delray would probably receive in excess of $250,000 next year which will provide a good base to work on Teen Town construction and possibly more with the housing rehabilitation.. It is now stated that with the $90,000, about 15 living units could be reconstructed. 4.a.8. Mr. Sanson read a petition given to him by residents of the Sherwood Park area directed to City Council as follows: "To the Delray Beach City Council from the residents of Sherwood Park, Delray Beach. A Petition. We, the undersigned, respectfully request a study be made by the Council for the purpose of reviewing the density of property known as Canterbury, formerly Aronimink, on the southwest corner of Congress Avenue and Lowson Boulevard, to ascertain if the present density should be reduced. In our opinion, this property is highly overzoned in terms of density. If it were developed at present density, it would surely be a detriment to all surrounding neighborhoods and traffic in all directions would be greatly increased. We question how the increased traffic and extended services might be handled satisfactorily. Even this past weekend, our area was affected by lack of electric power caused by overloads. With increased population in the area, what would happen. Signed by 21 residents of Sherwood Park Subdivision." Mr. Sanson moved that the petition be sent to the Planning and Zoning Board for their study and recommendation. When a determination is made from that Board and from Council, he requested that Mrs. Prescott be notified of the decision. Mrs. Krivos seconded the motion. The motion passed unanimously. 4.a.9. Mr. Sanson summarized the Palm Beach County Legislative Dele- gation meeting last Thursday night held in Boynton Beach with Commissioner Pasley of Manalapanconcerning soft water. Mr. Sanson gave his opinion of the problems the City is having with the environ- mental agency of the State. The results of the discussion were that Mr. James and Mr. Lewis were most cooperative and gave a guarantee that Mr. Jay Landers, head of the Department of Environmental Regula- tion, would meet with local officials to discuss this problem. Both Lantana and Hypoluxo Councils have taken affirmative action to support the desire to have this question fully aired as to whether or not soft water is required. 4.a.10. Mr. Sanson stated he was quite distressed that the City of Delray Beach is going to have to spend an extra $1,300 to $1,500 to hold the City election on the first Tuesday in March. He stated he · felt the intention of the Charter ~hange as recommended by the Leagu= of Women Voters was that the first election of the City would coincide with the Presidential Primary, thereby creating additional voe=r turnout and requiring less expense. Mr. Sanson stated he ~ould like to have the charter changed to read elections will be lleld the 2nd and 4th Tuesdays in M~r~h instea~ uf ~n~ lo~ ~nd 3rd Tuesdays. The City Attorney stated this question could be put on the election ballot in March as a proposed revision in the Charter. The City Manager and Mayor Scheifley stated the League of Women Voters should be contacted for additional input on the subject. Mrs.'Phyllis Carey, 524 Andrews Avenue, Delr~y Beach, who was on the League Committee, stated the League had suggested having only one election; the Council did not agree with this suggestion. Council expressed a desire for a general election and a run-off election two weeks later. The League had told Council at a workshop meeting that if the elections wer_. held the 2nd and 4th Tuesdays in March, then three elections could possibly be held every four years. Council decided not to mix the nonpartisan election with the Presidential Preferential Primary. Mrs. Winchester, who was consulted, stated the ballot on the Presidential Primary was very long and was a party election. Mr. Sanson asked that it be scheduled for future workshop. -9- 1-26-76 4.a.ll. Mr. Sanson stated he felt as a member of the Council, he felt he deserved the criticism that was given to Council as a body in the Delray Beach News Journal for the manner in which the Charter was handled. He said he was embarrassed about it. He requested that funds be allocated to place sufficient size ads in the news- papers informing the City of Delray Beach citizens when the Charter will be on the agenda for adoption by-ordinance. Mayor Scheifley disagreed with Mr. Sanson on the article in the newspaper. He stated he could not agree that people did not have time to review the Charter or go over it. Mr. Sanson stated if a workshop had been held, people would have had the opportunity to express them- selves. Mr. Sanson moved that advertisements be placed in the papers giving the dates the Charter will be considered by Council, seconded by Mrs. Krivos. Discussion was held concerning the papers to be utilized and the type of ads to be placed. Upon roll call, Council voted unanimously for the motion. 4.a.12. Mr. Sanson moved, on the basis of a straw vote, the following question be added to the ballot on March 2nd: Do you desire the municipal swimming pool located on A-1-A and Atlantic Avenue to be renovated provided the plans are made to relocate it elsewhere in the City? Mr. Sanson explained his reasons for asking for a straw vote is to get the issue off dead center. He felt the public overwhelmingly wants the pool closed down. Mayor Scheifley said he felt the idea was good, but the wording should be considered. Mr. Sanson asked that the matter be put on the workshop for next Monday. The City Attorney advised this would not require an ordinance, but would require having ballots printed. 4.a.13. Mayor Scheifley asked how many of Council were planning to attend the Legislative Delegation meeting in Tampa on March 1st and 2nd. Mr. Sanson indicated he was planning to attend. 5.a. Rev. Semmie Taylor, 1437 S. W. 3rd Street, Delray Beach, presented a list of grievances to Council concerning the Police Department. He said one of the grievances listed by the Patrolmen is the unprofessional manner of the Chief of Police concerning what appears to be a lack of interest in the Patrol Division. Also listed were the tactics of the Patrol Captain and some, not all, of his lieutenants. Third was the insecure feeling that patrol personnel experience, i.e., believing they are being investigated by the top personnel of the Department. The fourth item asked if the Captain of Communications has only one job, why it cannot be the best unit in the Police Department. Why, when a patrolman calls in, is he told to stand by and receives no answer at all? Fifth .- requests a complete investigation of the entire Police Department. This request concerns investigation into the gifts that are received and the favors that are done, and promotions of officers who have done favors for high ranking officials. Sixth - why isn't there a close relation- ship between the public and the Police Department, and the City Council and the Police Department. Seventh - why isn't the quality 9f the uniforms of the Department. improved. Why isn't equipment ~¥~.!able to the patrolmen? Why do they have to provide their own ~otguns in the cars? Why are detectives allotted more money for clot~s? Eighth - The problem is that the City Manager and the Chief of Poliee have acted on false information. He asked that Council consider %}~a complaints listed a~ove that have been listed by th~ p~tr~lmen. ~,~ .... ~y ~ana%~er asked tl~,~ e ~opy of the plain~:s be provided his office-. Mrs. Krivos stated to Rev. Taylor Chat there was a difference between what he stated and the statement of Mr. Randolph. Rev. Taylor referred to. "when" the City Manager makes the investigation. Mr. Randolph asked the City Manager to "consider" making an investigation. Mrs. Krivos stated the City Manager would not make this investigation because t~.ere is not one patrolman who would say one word to him since they would be fired if they did. The City Manager said he doubted this since they speak him all the time. Rev. Taylor said this situation is the same as found in the school systems. The patrolmen are afraid to talk to i-~,~ Administration because of their jobs. Rev. Taylor suggested ~ ~.<'~,.- '~.~]dependently talk with them and bring the information to Co~.~,~]~ ~ ~%~i~ p~trolmen had confidence in Rev. Taylor to bring the inf¢?.-~_~_l~-i~-~-%'{~cil._ and he felt this was a step in the right 1-26-76 Mr~Sans~n~fe~t:when~uncil~gets~int~.~itemsi~suc~as{~hethe~sh~tguns: §h6utd-be.carried~'~in~-cars,~Whether dogs.are needed.,~_a~d~-wha~.methods bY,which the department is run, that this.is beyond~the~ scope, of~ ~' '' Council. Council should wait until the reports are forthcoming,.. from the evaluation which will be~.performed-by professionals~. Rev. · Taylor said he would like to ask one question.- where are the inde- pendent professionals going to obtain this information? Will the patrolmen respond to them? 6~a~2. Mr. Preston Wright, 851 N. W. 2nd Street, Delray Beach, spoke concerning the Police Department. He stated there was a meeting with Chief Cochran and his men complaining about Captain Kilgore. Mr. Wright stated Chief Cochran ran out of paper while taking com- plaints about Captain Kilgore. Of all the complaints received about Captain Kilgore, nothing has ever been done about any of them according to Mr. Wright. He said Chief Cochran had stated he could not work with men who were fired. Mr. Wright asked how he knew he could not work with these men if he had never worked with them. Mr. Wright said he could see no changes in the Police Department in the last 20 years since the same people still run the department. Mr. Wright stated if things are not improved, he is going to file a taxpayer's suit since he feels his money is being misused. Mayor Scheifley stated the actions taken by Council tonight are attempting to re- solve the questions brought up by both Rev. Taylor and Mr. Wright. 6.b. There were no items to add to the agenda. 6.c. Mayor Scheifley stated this item under discussion was the reinstatement of Mr. Richard Zolnay. Mr. Sanson said after much thinking and much discussion with the proper people (City Attorney and various members of the Community who are familiar with the Charter), it is his conclusion that it would be improper for Council to approve the reinstatement of Mr. Zolnay. He stated there is no legal proof yet that the allegations against Mr. Zolnay are untrue. If the inves- tigation shows corrupt action on the part of the Police Department, he would be more than willing to take action at that time. He requested that members of the Police Department and the City Manager's office cease and desist from any actions they might have been taking to prevent these fired men from obtaining jobs in other locations. If this has been the case, according to Mr. Sanson, it would be very unwise to continue any such action.s. The City Manager stated he has talked with Police officials about this matter and he has been told this is simply not true. He said he does not want peoPle unfairly dealt with nor does he want records falsified or the wrong information given. Mr. Sanson stated he felt Council was given incorrect information last Monday night and he felt the City would be on a very shaky basis if the allegations made are proven to be true. Mrs. Krivos stated she felt these men have been wronged and that she has been advised by many people in this town during the past week that for political reasons, she should not have anything to say at this meeting about Mr. Zolnay. She stated she has always had compassion for other people. She received a letter today mailed from Ankara, Turkey from Mr. David Ekvall offering his endorsement and telling her one of the things he was most proud of was Mrs. Krivos' compassion for her fellowman and the municipal City employees. She stated she believes in fair play and in everyone being treated on an equal basis; she does not believe these men have been. Mrs. Krivos asked the City Manager to reinstate Mr. Richard Zolnay. Mr. Gent second the motion. Mayor Scheifley stated the question was not whether or not Mr. Zolnay should be reinstated, but was whether or not a probationary period was standard accepted practice in. Police and other personnel work. A survey of about 30 cities was made last week and all h~ve a probationary period. The various Department Heads can, for any reason, give an employee an opportunity to resign during this period, and if the employee does not resign, then he is discharged without _ause. His record is kept confidential for his own good. The issue is whether or not this is a sound personnel practice. Mrs. Krivos stated if a man is fired for not doing his job, that is one matter. But to prevent him from finding employment else- where is not right. Mayor Scheifley stated this is only an allegation and when the allegation was checked out, it was absolutely false. Mr. Gent stated that was the Mayor's opinion; it was not Mr. Gent's opinion. Mayor Scheifley responded by saying that was what the City Manager said. Mr. Gent stated if there is a survey of 30 cities, he -11- ]_,26-76 ?~99~9~.to~.~s~e. it. He said_he wanted to know how long.the..probationary ~,p~'o~s a~ein these 30 cities. Mr. Gent. asked~tQ, see~the~survey. -~aY0~.,Scheifley replied he would give it~to him after the. meeting. ~r. ~andolph clarified that if the vote passes the motion, it is to ask the City Manager to reinstate Mr. Zolnay, not to direct him to do ~o. Mr. Sanson stated he felt strongly about this issue as did ~0uncil and he felt very sympathetic ~oward the fired policemen, ~ut he felt to take action prior to an investigation with no legal proof~that the causes for his dismissal were wrong is premature. He felt it is important for both Council and the public to obtain proof prior to making this kind of decision. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. 6.c. The City Manager stated that it is suggested that th~ list of possible appoint'ees shown below, from which sufficient numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council: Persifor Frazer Henrietta Riegler Charlotte Kiel Hallie Worthing Linda Schroedel Sam Schwimer Beatrice Dearstyne Lillian Schwimer Lillian Ouellette Kathryn Blum Alice Fricke Claire Seifert Gladys Risker Pearl Wright Alfred Risker Billy Joe Swilley Virginia Davlin Thelma Goodwin Loretta Costello Chester Wright William A. Stuiber Ruth Murray Ena McFee William W. Hawkins Adrienne Renuart Ellen Gonder Rose Bang Jack Babick Helen Robinson ~ Sandra Babick Marie Taylor Ann Bright Annette Parisi Edna B. Neuhoff Ernest Schier Sheldon Edmonds Joanne Cooper LaVonne Baine Ellen Fowler Mary H. Andrien Annie Sloan Alfred Andrien Sara DeNeen Annette Abramson Lucretia Jones Lenora Thomas Lemon Ivy Lens Brunner L. L. Youngblood LaVira Brin Irene Brey Virginia Katzman Ann Seltzer Andrew M. Gent The City Manager explained that instead of reading Chapter 12 of the City Code or Ordinances, it would be more correct to say. Section 154 of the City Charter, according to the City Attorney. Mrs. Krivos asked if the Mayor wants the approval of these workers. Mayor Scheifley indicated this'list should be approved with the exception of Mr. Gent, contrary to the ordinances to hire; a City Councilman cannot do anything for the city and get paid other than as Council- man until one year after he's finished his term of office. The City Attorney stated there is a possibility that this will present a problem. He further stated that the Council could approve the panel presented with the exception of Mr. Gent and there would still be enough time to appoint him in the event this is.legal, or everyone could be approved and, at a later date, delete Mr. Gent's name if necessary. Mr. Sanson moved that the list presented on the agenda as possible appointees to serve as clerks and inspectors be sent to the City Clerk's of~fice with the idea that Mr. Gent's name as a viable candidate be held' until the City Attorney can give a recom- mendation, seconded by Mr. Randolph, said motion passing unanimously. 6.d. The City Manager explained that the following quotations have been received covering the water main crossing --- Intracoastal waterway at Dogwood Drige: Bidder Base Bid Alternate Bid The Murphy Construction Company $ 56,148.45 $ 56,393.45 °West Palm Beach -12- 1-26-76 ~rile..ExcaVatihGr~~_ P~pel~n~ 1-':'6~, 305. O0 L~ke Park ........ ~larmac Marine Construction : - ~""-- S::~ --~'5,025¥00 .... 68,290;00 St. Petersburg - : t_- :_.. :~. t .... t . .... _ Foster Marine Constractors, Inc. 72,772,45 68,688.45 Deerfield Beach James A. Porter Company ' - 66,555.00 65,080.00 Deerfield Beach Webb General Contracting, inc. '111,463.50 128,017.75 Pompano Beach The City Manager stated that the low bid submitted by the Murphy Construction Company in the amount of $56,148.45 base bid is the one that is recommended the contract be awarded. He further explained that the difference between the base bid and the alternate bid has to do with piling in the case of the base bid across the Court of Delray Easement whereas the alternate bid provides for a special pipe connection in lieu of piling. It is recommended by the consulting engineers, with which the City Manager concurred, that it be awarded to the Murphy Construction Company and fun~ing would come from the City's $5 million dollar Water and Sewer Revenue Bond Issue. Mrs. Krivos moved that the low bid of $56,146.45 as submitted by the Murphy Construction Company of West Palm Beach for the construction of the Water Main Crossing of the Intracostal Waterway at Dogwood Drive be awarded with funding to come from the City's $5 million dollar Water and Sewer Revenue Bond Issue, seconded by Mr. Randolph, said motion passing unanimously. 6.e. The City Manager indicated the following quotations have been received for the installation of four new water supply wells, asso- ciated test and monitoring wells and equipment required: Bidder Base Bid Alternate Bid Alsay-Pippin Corporation $241,218.60 $244,218.60 Lake Worth Layne Atlantic Company 258,382.80 No Bid Orlando Meridith Corporation 248,266.00 No Bid Orlando The City Manager recommended that the contract be awarded to the low bidder, Alsay-Pippin Corporation, whose base bid is $241,218.60. He further explained that the difference in the base b~d and the alternate bid has to do with the type of pump and motor that would be installed by the contractor. The funding would come from the City's $5 million dollar Water and Sewer Revenue bond issue. Mr. Randolph moved that the base bid, which is the lowest bid of $24%,218.60 submitted by bidder Alsay-Pippin Corporation of Lake Worth, be approved for the installation of four new water supply wells, associate test and monitoring wells and equipment as required, seconded by Mr. Gent. Mr. Sanson asked if this move would be tied into the idea that these wells are being created to handle the new expansion of the water plant or is this something needed for Delray's present plant? The City Manager responded by stating that over the years the City has installed one to two wells a year normally to keep current with the needs. In most cases some are additional wells and some are to replace wells that have gone dry. Mr. Klinck stated they have been doing a continued extensive study of the water supply requirements of the -13- · 1-26-76 city and based on the projected population and the present use of water and the growth of the city these wells will be required whether the water is treated or not. He further stated in response to Mr. Sanson's question that these wells are needed at present. The motion was passed unanimously by the Council. 6.f. The City Manager indicated that it is recommended~that the Council approve the opening of the Voting Machines by the County on March 3, 1976 in order to be ready for the County election to be held on March 9, 1976. Mr. Sanson moved that permission be granted to Ms. Jackie Winchester to open the voting machines on March 3rd, seconded by Mr. Gent, said motion passing unanimously. 6.g. The City Manager explained that he was called by Mayor Bill Koch of Gulfstream and it was requested that this item not be acted on at this meeting. He further stated that he concurs With that request and recommended that this be approved by the Council. Mr. Sanson moved that this item be.tabled, seconded by Mrs. Krivos, said motion passing unanimously. 6.h. Mayor Scheifley spoke in reference to the Local Plan and the County Plan for South Beach area; it has been reco~ended that these items be placed on the workshop agenda. He further indicated he has a letter to that effect that has been responded to. He further stated they are making a request about the weeds near the Delray Art Center in the highway and all construction debris be removed. He requested that this be referred to the proper authorities for some action. The City Manager stated they are underway with construction of that building now and the cleaning up of the premises. Mayor Scheifley further explained that Mrs. Chapman asked about the astro-turf on 8th Street, being in such bad shape, and what the City was going to do about it. The City Manager stated he would look into this. Mayor Scheifley acknowledged the minutes of the Beautification Committee for the meeting held on January 7, 1976. 6.i. The City Manager passed out copies of a proposed motion and explained its contents followed by a recommendation that this motion be adopted. In answer to Mr. Gent's question as to why this motion has to be approved by the City Managers of Boynton and Delray after its approval by the Council, the City Manager indicated that it's the feeling of some people that this motion should not be filed with EPA at this time because of EPA finalizing the agreement and the contingencies that will be a part of the grant offer; some feel these things should be resolved to the satisfaction of both cities and the sewer board well in advance of the 30 day extension that both cities received from EPA. After further discussion on this item, Mr. Gent moved that the City Council of Delray Beach accept the grant offer made by the Environmental Protection Agency under letter dated December 31, 1975, Grant Offer No. C120406010 for 75% of the project cost for the liquid phase of the South Central Regional Wastewater Treatment Plant and instr~uct the City Manager to execute the acceptance forms. This motion to accept is made predicated on the discussions held in Atlanta, Georgia on Wednesday, January 14, 1976 between the Chief Executive Officer of the South Central Regional Wastewater Treatment and Disposal Board, EPA officials and our consulting engineers with the understanding that such action will not become effective until the time such is agreeable to the City Managers of Boynton Beach and Delray Beach, the Chief Executive Officer of the South Central Regional Wastewater Treatment and Disposal Board and also on action from consulting engineers ahd being further understood that APEPA be notified of acceptance prior to the EPA established deadline daue, seconded by Mrs. Krivos, said motion passing unanimously. -14- 1-26-76 6.j. The City Attorney stated that what is being done in this motion is to voluntarily recognize the International Brotherhood of Firemen and Oilers for the three departments that they originally petitioned for in the city which are the Public Works, Parks and Recreation and the Utilities Department. He indicated that in October a Consent Election Agreement was signed with IBFO, and as part of that agreement we asked them to take on the non-sworn people in the Police Department and the non-combat people in the Fire Department. Part of the reason that this was done was because the City felt at that time that with the decisions that were coming from PERC that a unit that encompasses the entire Police Department or the entire Fire Department would not be accepted and that those employees who would be excluded being the non-sworn and non=combat in the respective departments will be left unrepresented when, in fact, they may want a union. Therefore, it was requested by the city that the IBFO pick up those two segments, which they did, and an election was held which they won. About this time the Fraternal Order of Police filed a petition for the non-sworn people in the Police Department. Since that time the City has met with the IBFO in accordance with the Consent Election Agreement. At that time they requested that the non-sworn in the Police Department and the non-combat in the Fire Department be excluded from their unit, this being the union also that supported the City's local option at the hearing on December 4th in Tallahassee. The City Attorney recom- mended that the Council approve their request. After further dis- cussion, Mr. Sanson moved that the Council accept the City Attorney's recommendation in reference to the recognition acknowledgment of the IBFO, seconded by Mr. Randolph, said motion passir~ unanimously.. 7.a. The City Manager explained this request is for permission to solicit funds in the City from March 29 through April 11, 1976, Gulf- stream Council of the Boy Scouts of America, approval of which has been recommended by the City Solicitations Committee. Mrs. Krivos moved that this approval be given for the Gulfstream Council of the Boy Scouts of America for permission to solicit funds from March 29th through April 11, 1976,'seconded by Mr. Gent, said motion passing unani- mously. 7.b. The City Manager stated that this property owned by Dr. Angelo V. Pace is now located outside the city; however, it is contiguous to land within the city and therefore it is eligible for annexation, and since the making of the agenda, the owner of the property has filed the City's regular form requesting that the property be annexed to the city. It has a single family dwelling on it and he is requesting that it be annexed to the City subject to R-1AA zoning which would be com- patible to surrounding zoning. Therefore, it is recommended that Coun- cil take two actions, either by (~) authorizing that the City provide water service to the property because the City's standard water agree- ment has been executed by the applicant and (2) that Council authorize the City Attorney to draft an ordinance annexing the property to the City subject to R-1AAA zoning. The Council examined the legal descrip- tion of such property (Lot 8, Lake Shore Estates). Mrs~ Krivos moved that Lot 8, Lake Shore Estates, be annexed to the City upon applica- tion for City water subject to R-1AA zoning; also that the City Attor- ney prepare an ordinance for annexation and that this property~be pro- vided water service by the City of Delray Beach, seconded by Mr. Ran- dolph, said motion passing unanimously. - 15 - 1-26-76 -The iQi~y.~ Manager ~p~r~.esentad ~.~olu.t.3~Q.~D c~ ~SOLU~ION OF ~THE CITY COUNC-IL OF a.~-~'~:~.. ~ DEL~Y BEACH, ~ORIDA, AUTHORIZING~THE C~ ~NAGE~ TO E~ER I~O AN AGREE~ WITH T~ CITY OF BOY,ON BEACH, ~ORIDA, AS T~ JOI~ "LEAD AGENCY" FOR "201 FACILITIES P~ING" FOR THE 'PALM BEACH COUNTY SO~H CE~L REGIONAL AREA, AND ~T~R DESIGNATING THE SOUTH CENT~L REGIONAL WASTEWATER TREAT~ AND DISPOSAL BOARD OF PALM BEACH COUNTY, ~ORIDA, AS T~ REPRESENTATI~ OF T~ JOI~ CITIES AS T~ "LEAD AGENCY'~ (Copy of Resolution No. 8-76 is attached to the official copy of these minutes.) The City Manager explained the need to make a substitution concerning this Resolution No. from 3-76 to 8-76. The City's passage of this resolution will substitute for the item that ap- pears on the agenda. He further stated that this resolution in effect endorses the concept that the South Central Regional Waste- water Treatment and Disposal Board would be the representative of the "Lead Agency" for the 201 Facilities Program and the "Lead Agency" would be ..~the cities of Delray Beach and Boynton Beach. After further discussion, Mr. Gent moved for the adoption of Resolution No. 8-76, seconded by Mr. Randolph. Upon roll call, Council Voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0.. 8.a. The City Manager presented Resolution No. 6-76. 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 SHO~4NBY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 6-76 is attached to the official copy of these minutes.) The City Manager recommended that this resolution be approved stating that the property in question has been cleaned up and the cost should therefore be assessed against the property owner. Mr. Sanson moved that Resolution No. 6-76 be adopted by the Council, _ s~conded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.b. The City Manager presented Resolution No. 7-76. A RESOLUTION CONFIRMING THE NEGOTIATION AND THE PURCHASE OF TWO FIRE RESCUE VEHICLES TO BE USED BY THE DELRAY BEACH FIRE DEPARTMFNT WITH THE PURCHASE PRICE TO BE PAID PARTIALLY FROM THE PROCEEDS OF THE FIRE HOUSE AND EQUIPMENT GENERAL OBLIGATION BONDS ISSUED IN 1970 AND FROM BUDGETED FUNDS ESTABLISHED FOR THIS PURPOSE. (Copy of Resolution No. 7-76 is attached to the official copy of these minutes.) - 16 - The city Manager explained in detail the essence of Resolution No. 7-76 relative to the purchase of two fire rescue vehicles. Mrs~. Krivos moved for the passage of Resolution No. 7-76 with the financing to come from the balance of the proceeds of the Fire House and Equip- ment General Obligation Bonds issued in 1970 in the amount of $32,077.40 and from budgeted funds in the amount-of $8,726.84 out of our current budget, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion carried with a vote of 5 to 0. The City Manager explained that the Delray Beach Business and Professional Woman's Club has notified Chief Cook that they have voted to make available to th~ City $4,000 to be used for future purchase of equipment or whatever is needed for vehicles. Mr. Randolph moved that the City Manager be directed to write a letter of thanks to tb~s group for this kind offer, seconded by Mr. Gent, said motion passing unanimously. 8.c. The City Manager presented Ordinance No. 3-76. AN ORDINANCE OF THE CITY COUNCIL OF T~IE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY DELETING A REFERENCE NOTATION IN SECTION 29-6.2(C) (7) "CONDITIONAL USES" IN SC SPECIALIZED COMMERCIAL DISTRICT, AND BY AMENDING SECTION 29-6.3(C)(6) "CONDITIONAL USES" IN CENTRAL BUSINESS DISTRICT BY CHANGING ~-20 MULTIPLE FAMILY ZONING DISTRICT TO RM-15 MULTIPLE FAMILY ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. The City Manager read Ordinance No. 3-76 relative to amending Chapter 29 "Zoning'!'. of the Code of Ordinances. Mr. Gent moved for the adoption of Ordinance No. 3-76 on first reading, seconded by Mrs. Krivos. Upon roll call, Council ~oted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote 0f '5 to 0. 9.a. The City Manager recommended approval of both of these plans subject to the contingencies that appear in the preface of the agenda information. For the sake of clarity, Mr. Sanson indicated that un- less the minutes of the Community Appearance Board meeting were wrong that it was not a unanimous vote since Mrs. Fry voted against approval. Also Mr. Sanson was somewhat concerned as to the types of places these recommended franchises would be. Mr. Curry responded by stating, in essence, that these facilities would be reputable ones. Mr. Gent moved to accept the recommendations of the Community Appearance BQard in the case of Long John Silver Restaurant and Wendy's Restaurant, seconded by Mr. Randolph subject to the CAB's conditions, said motion passing unanimously. 9.b. The City Manager indicated that this recommendation was made by ~he Community Appearance Board by a vote of 3 to 0 with Mr. Curry ab- staining. Mrs. Krivos moved that the Council accept the approval of the Community Appearance Board for the application of the Hawkins and Mouw, Inc., at 235 N.Eo 6th ~venue, seconded by Mr. Randolph, said motion passing unanimously. - 17 - 1-26-76 -91..~.i. The City Manager "stated '~ha~~h'~~ i~m the ~ommunity Appear- ance Boa~d.recomm~ded.~pp~oval. b~...~!~nan{Nou~v.ort~...._ ~.2~L!.s. Krivos moved that the Council approve the application of-Mr. Jerry.Adams of Adams Chevrolet for the alterations and ~ep~lrs to the-sout~i'wall, of the building at '310 S.E. 6th Avenue,~. ...... secon~..b~.~r... ~e~.%{i_'~6i~ motion passing unanimously. ~ ' 10. The City Manager-recommended-that-the Council authorize payments for the City's bills, hr. Sanson voi~ed a question concerning a check to Hal, Kirby and Montgomery in the amount--of $8-25.00, ~sking if this was for attorneys. This was affirmed by the City Manager. Mrs. Krivos asked what the check to the Delray Beach Housing Authority in the amount of $2,900.00 concerned, city Manager Mariott stated this Was ~he bal- ance of the $3,000 allocated by the Council. They were previously paid ~100. Mr. Gent moved to pay the Bil~s for Approval, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr%. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. General Fund ............. $723,520.93 Water and Sewer Fund ......... 4,098.22 Cigarette Tax Fund ........ 11,992.92 Improvement Trust Fund . . . ; .... 53.76 Beach Restoration Fund ........ 649.90 Federal Revenue Sharing Fund ..... 85,059.20 The meeting was adjourned at 10:35 P.M. City Clerk APPROVED ~A Y0'R - 18 - 1-26-76 30A RESOLUTION NO. 8-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF BOYNTON BEACH, FLORIDA, AS THE JOINT "LEAD AGENCY" FOR "201 FACILITIES PLANNING" FOR THE PALM BEACH COUNTY SOUTH CENTRAL REGIONAL AREA, AND FURTHER DESIGNATING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OF PALM BEACH COUNTY, FLORIDA, AS THE REPRESENTATIVE OF THE JOINT CITIES AS THE "LEAD AGENCY". WHEREAS, the Federal Government has established requirements for the preparation of a "201 Facilities Plan" as a prerequisite to local govern- ment receipt of Federal Funds for the construction of sewage facilities; and, WHEREAS, it is in the public health, we/fare, safety and interest 'to maintain planning for future wastewater collection, treatment, and .disposal, and to remain eligible to receive Federal and/or State funds for the abatement of pollution from sewage and sewage works; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that it is in the best interest of the residents of the City of Delray Beach, Florida, to enter into an agreement with the City of Boynton Beach, FlOrida, to be jointly designated as the "Lead Agency" for "201 Facilities Planning" for sewage works construction grants under Public Law 92-500 for the Palm Beach County South Central Sewage Works Regional area'; and, WHEREAS, the City Council of the City of De!ray Beach, Florida, deems it in the best interest of the residents of the City Of Delray Beach, Florida, to designate the South Central Regional Wastewater Treat- ment and .Disposal Board of Palm Beach County, Florida, as the representativ( of the City of Delray Beach, Florida, and the City of Boynton Beach, Florida, jointly as the "Lead Agency" for "201 Facilities Planning", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the City Manager of the City of Delray Beach, 'Florida, is hereby authorized to enter into an Agreement with the City of Boynton Beach, Florida, designating the Cities of Delray Beach, Florida, and Boynton Beach, Florida, jointly as the Lead Agency for 201 Facilities Planning for sewage works .constructiOn grants under Public Law 92-500 for the Palm Beach County South Central Sewage Works Regional area, and further to designate the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida', as the representative of the joint cities as Lead Agency for 201 Facilities Planning'under .Public Law 92-500. SECTION 2. That the City of Delray Beach, Florida, under the Inter- local Agreement, 'pledges its cooperation and assessment of costs involved in the continuing "201 Facilities Planning" process. SECTION 3. That pursuant to Section 3(c) of the Interlocal Agreement between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, the City Council of the City of Delray Beach, Florida, hereby ratifies the South Central Regional Wastewater Treatment and Disposal Board's Resolution No. 4-76 accepting the designation 5s representative of the City of Delray Beach, Florida, and the City of Boynton Beach, Florida, jointly as "Lead Agency" for "201 Facilities Planning" for sewage works construction grants under Public Law 92-500 for th2 Palm Beach County South Central Sewage Regional area. PASSED AND ADOPTED in regular session on this the 26th day of January, 1976. ~,~~ ATTEST: , -// M'A-Y 0 ~/ / j City Clerk 30B RESOLUTION NO. 6-76 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 IN- CURRED 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. WHEREAS, the City Council of the City of Delray Beach, did, in REGULAR ~ session held on the 13th day of October, 1975 declare the existence of a nuisance upon certain lots or parcels of land, described in a list submitted to them, for violation of the provisions 6f Ordinance No. G-147; WHEREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property; and ~{EREAS, the o~ners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time pre- scribed in said notice and Ordinance G-147, and the City of Delray Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City of Delray Beach, has, pursuant to said Ordinance G-147 and the City Charter submitted to the City Coun- cil. a report of the costs, incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLL~S: 1. That assessments in the individual amounts as sho~ by the report of the City Manager of the .City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are levied against the p~rcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the respective lots and parcels of land de- scribed in said report, of the same nature and to the same extent as the lien for general city'taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collectible. 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the 13th day of October, 1975 order the abatement of a certain nuisance existing on their described property and property owner having failed to abate such nuisance, with- in the 30 day period, whereupon it was abated by the City at costs shown in said report and such assessments shall be legal, valid and binding obligations upon the property against which said assessments are le'-ied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of 6% per annum on any unpaid portion thereof. PASSED AND ADOPTED in regular session on the 2~th day of January , A.D. 19..76 . ~j ~///6.~t.~~, 30C COST OF ABATING NUISANCE. UNDER CHAPTER 15 OF THE CITY CODE PROPERTY DESCRIPTION OWNER ASSESSMENT Lot 5, Block 2, Northridge S/D Rose A Pilkin $48.00 7 S Swinton Circle 417 Grove Street ' Delray Beach, Fi. Clifton, N. J. 07013 30D RESOLUTION NO. 7-76. A RESOLUTION CONFIRMING THE NEGOTIATION AND THE PURCHASE OF TWO FIRE RESCUE VEHICLES TO BE USED BY THE DELRAY BEACH FIRE DEPARTMENT WITH THE PURCHASE PRICE TO BE PAID PARTIALLY FROM THE PROCEEDS OF THE FIRE HOUSE AND EQUIPMENT GENERAL OBLIGATION BONDS ISSUED IN 1970 AND FROM BUDGETED FUNDS ESTABLISHED FOR THIS PURPOSE. WHEREAS, the City Council of the City of Delray Beach, during the budget sessions of 1975, did appropriate certain funds for the purchase of fire rescue equipment on the assumption that the remainder of funds needed for the purchase could be procured from a Federal Grant; and, WHEREAS, the Federal Grant Funds were not forthcoming and an alternative way of funding would be the 1970 Fire House and Equipment General Obligation Bond Issue unexpended balance of $32,077.40; and, WHEREAS, the City Council feels that it is in the best interests of the City of Delray Beach to use the entire proceeds remaining in the Fire 'House and Equipment General Obligation Bond Issue of 1970 first, and then to'fund the remaining purchase price from the budgeted funds that were appropriated for this purpose in the 1975-76 budget; and, WHEREAS, the Fire Department has inquired as to the current price being asked for 1976 fire rescue vehicles and said price with the proper equipment for two (2) 1976 rescue vehicles, the type of which the City is seeking, is approximately $51,530.00; and, WHEREAS, the City has the opportunity to purchase two (2) new 1975 rescue vehicles which, with the appropriate equipment, sell for a total of $40,804.24, each being priced at $20,402.12~ and, WHEREAS, the City Council wishes to confirm the negotiation and purchase of the aforesaid 1975 rescue vehicles in that this purchase will result in a substantial saving to the City when compared to the purchase of new 1976 fire rescue units, NOW, THEREFORE, B~ IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the negotiation and purchase of two fire rescue units as more specifically set forth in the quotation from Modular Ambulance Corporation, 1801 S. Great Southwest Parkway, Grand Prairie, Texas, 75050, dated January 8, 1976, which quotation is attached as Exhibit A, plus the purchase of'basic Emergency Rescue Supplies. Equipment in the amount and as set'forth in Exhibit B, 'both exhibits attached hereto and made a part hereof, be ratified and completed. SECTION 2. That. the funds for the purchase of the two fire rescue units shall come first from the Fire House a~d Equipment General Obligation Bonds issued in 1970 to the extent of $32,077.40, which is the entire unexpended balance of said Bond Issue; the remaining balance of the purchase price shall come from budgeted funds set aside for this purpose in the 1975-76 budget of the City of Delray Beach. · SECTION 3. This Resolution will become effective upon passage. pASSED AND ADOPTED ~n regular session on this the 26th day of January, 1976. ATTEST: //' M A Y O R ~/ F~ ' ,/ CitY Clerk 3or. [~ .! .l~..z;~ .~1 ' ~ALE5 COPY '"' ' k.~.~ .. ~ GRAND ['RAII~IE, TEXAS 75050--214/647-1677 Dal0 ~,(~y 8, 1976 ~t, il)umr _~,{od~u~. Amb~cq_Og?~p.~_. city Gl~u~ PI[~G State 'TX Order No. ~O~G ~tome~ D~y Beach F~e Dept. ~itv D~y Beach stat~ FL M,k~ 1975 Chevrol~ M~d,l 0-30 .. $ Upper Body W~ Center Body ~[~e Lower Body ,dex [0~ Floor R~d ~loc~ Up~_l~ery... EUra side Ioadln~hts - each m ~. V~L~ic~ I)ac~)oa~J_c~?~art~?~ , 'Dn li~ .... [ · 30G Lock handle for Exterior compartment -- each ~].. Rumor warnin9 I~hts --~er~ir 308 Auxiliary gas tank modification :~ F~orU~ American ST-125 401 Ferno-Washington ~/30 cot wid) mattress and Nomth American beacon (4-la~) ..... i ~-estraining straps  U.~1V spotlight ¢/225 401B Trendelenbur9 feature [or ~30 . ~.. Unity spotlight f/lO300 ., 410 Hardware for overhead stretcher per set I ,-  North American ElectronicSirenwith mike-S17g,vl .412 IV Bracket ~ N. ~. Electronic Siren/;~i~orn -- S~00MH 503 Economy chrome grab handles (3) ~J. Chrome plated siren speaker - CHS100 504 Deluxe chrome grab handles -- each  Chrorne plated siren speaker -- CHS75 505 Overhead G' chrome grab rail S24S~eaker for Twinsonic · ~ ,~ 701 Tutone Paint ., Flexshait cot light ] 703 Antenna wiring 3-light silent ~ntcrcom & buzzer 704 Roof Exhaust fan ~ ......... ~--- . .......... ~xter[or compartment haht w~th p~tot hght 705 Ye{ce ~ntercom Step~*.'e~l Ii,iht 706 Backu~arn~n9 signal Cowl lights ' 719 GSA ~odv Pack,ge TS~0OS~ I ....... 145 PA200 s~en w/n~e .- 1 Addition~lsingle,oxygen, outlet ~]4 [ ~]~]~sioJ$ ~ool~ 'Ohio [lowmeter Ohio humidifier . Rico Suction system ~ Modura Rail 110 volt inverter -- 1000 Watt ' FL. OO~ PLAN ........ Additional 110 w~lt ou!lets ..... ~ ........ TOTAL ..... . .TOTAL ..... ['rices on Installed Options .. .. ,. ' ,. Cornp'.ete'Unit I~ody and Chassis and Installed Options) ~ry Charge ................... Salts Tax ~,.h,,,,,~,, ,,~ FOB O~u~c~P~ie, TX .... ,1 7, ~8~.. 0~_ Instructions: TERMS F,O,B, GRAND PRAIRIF C.O,D, 30F EXHIBIT B Page 1 THE FOLLOWING IS TIlE EMS EQUIPMENT FOR EACH RESCUE UNIT: Two LARGE DRESSINGS (BATTLE PACKS OR UNIVERSAL DRESSINGS) STERILE PADS (ASSORTED SIZES) 10.90 UNSTERILE GAUZE PADS (50) ADHESIVE TAPE 5,18 BANDAGE SCISSORS 1,70 THREE TRIANGULAR BANDAGES (CRAVATS) '2,52 0ROPHARYNGEAL AIRWAYS (INFANT, CHILD & ADULT SIZES) 2,00 TWO:WAY RESUSCITATION AIRWAYS (INfANT, CHILD & ADULT SIZES) SOFT-ROLLER SELF-ADHERING BANDAGES (6) 24,08 Two CONSTRICTING BANDS (MINIMUM WIDTH OF ONE INCH) 2,00 Two BLANKETS -~ 28,50 TWO PILLOWS WITH PLASTIC COVERS 23.00 TWO SANDBAGS 16,00 ONE POISON KIT " 8.00- ONE STERILE OBSTETRICAL KIT 6.50 TWO STERILE BURN SHEETS 7,20 HAND OPERATED BAG MASK VENTILATION UNIT OR A DEMAND VALVE i TYPE RE-SUSCITATOR WITH ADULT, CHILD AND INFANT SIZE i MASKS (CLEAR MASKS PREFERABLE). UNIT MUST .BE CAPABLE OF ~ USE WITH OXYGEN SUPPLY, 133,35 PORTABLE SUCTION UNIT, HAND OPERATED 25,'00 PADDED SPLINT KIT, ASSORTED SIZES '~ 16,85 A SHORT SPINE BOARD WITH PATIENT'STRAPS :'~' 62.30 A LONG SPINEBOARD (MUST INCLUDE PATIENT STRAPS) 175,50 .',:. ...A SCOOP-TY~E STRETCHER (MUST INCLUDE PATIENT STRAPS) 1~0,00 Two EMESIS BASINS 9,80 ONE CERVICAL COLLAR 5,15 ONE PATIENT RAINCOVER 26,00 SIX DISPOSABLE FACE MASKS 3,18 0N~ SET OF PATIENT RESTRAINTS (WRISTS AND ANKLES) 79,20 ' BLOOD PRESSURE MANOMETER & CUFF 25,00 Two STETHOSCOPES 19,20 30G EXIIIBIT B Page 2 BLOOD PRESSURE MANOMETER (MOUNTED) 325,00 ONE CROWBAR 48,00 ONE ABC FIRE EXTINGUISHER (MINIMUM OF 4 LBS,) 23,75 RESUSCITATOR~ ROBERTSHAW DEMAND VALVE MODEL 4201 375,00 PORTA POWER OUTFIT (TEN TON) 486,90 PORTABLE OXYGEN FOR D SIZE TANK 97,00 .INFLATABLE SPLINTS 47,95 FOLDING SHOVEL PRY BAR 48,00 BOLT CUTTERS 34,30 HACKSAW ASSORTED HAND TOOLS (SCREWDRIVER, CRESCENT.PLIERS) AIR CHISEL (CAPABLE OF BEING ADAPTED TO SCOTT WITH VARIOUS CUTTING TIPS ' ..COME A LONG (PREFER LUG-ALL, 2 TON) .... 99,50 i:'~'~"FOL~iNG'C~AIR'STRETCHER '(FERNO"40S'.sTAIR'CHAiR)'':''''~'':'''I~''" :/"'80,00 EYE PADS. .. 1,62 FIRST AID KIT " 32,59 TOTAL $2,764.72