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01-20-87SpMtg JANUARY 20, 1987 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:04 P.M., Tuesday, January 20, 1987. Roll call showed: Present - Commissioner Malcolm T. Bird (Arrived 7:20 P.M.) Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Second Reading and Public Hearing of Ordinance No. 1-87 amending Chapter 25 "Taxation" of the Code of Ordinances relative to the use of the additional 1% utility service tax; (2) Amendment to the Contract for sale and purchase between the City and St. Mary's the Virgin Church relative to granting a one (1) year extension to January 15, 1988, before being required to close (2.55 acres, at the southeast corner of Homewood Boulevard and West Atlantic Avenue); (3) City and Treasure Coast Regional Planning Council comments on the Treasure Coast Regional Planning Council Policy Plan. 1. Ordinance No. 1-87 - Amending Code - Utilities Services Tax. Ordinance No. 1-87, amending Chapter 25 "Taxation", of the Code of Ordinances clarifying the use of the additional 1% utility services tax, is before the Commission for consideration on Second and FINAL Reading. 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. 1-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "UTILITY SERVICES", SECTION 25-23, "LEVIED; PURCHASER TO PAY", TO CLARIFY THE INTENT OF CITY COUNCIL FOR THE USE OF REVENUES DERIVED FROM THE 8.5% UTILITIES SERVICES TAX AS SAME REGARDS UTILITY TAX OBLIGATIONS OF THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 1-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 1-87 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 2. Mayor Campbell reported it is his understanding that the Church is in litigation over the site and they have requested a year's exten- sion to 1988 before they close. The City Attorney stated that the church's attorney has advised they have the cash to close and if the Commission wishes they would be willing to deposit the money in a trust account so it is there for the year remaining. Mayor Campbell stated that from an economic prospective it may be more appropriate to have the money put into an interest bearing account, the interest accruing subsequent to the date of this extension for the benefit of the City. The City Attorney agreed. Mrs. Horenburger moved for approval of the extension, including the Mayor's comment, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty, William Koch, representing the church, reviewed the background of the purchase, stating there were three offers for the property and the City made a choice and offered it to the church. One of the other parties, FIEE, felt they should have had the property and sued the church; therefore, they are in a lawsuit now. The church's attorney has advised that they cannot take the money they have all worked for and give it to the City until the suit is judicated one way or another. Mr. Koch stated they would be glad to put the money into escrow, however, he would hope the City would see the side of the church and the interest go to those who helped build it.. Upon question by Mr. Dougherty with regard to the plaintiff being advised of tonight's action, the City Attorney advised he did not believe it was necessary; he felt it is an issue between the purchaser and seller of the property, not an issue in the lawsuit. The City Attorney stated it is his understanding that the church will close no later than January, 1988, or as soon as the judgment has been reached in the lawsuit; if it has not been concluded by January 1988, he would assume they would request another extension. At this point the roll was called to the motion. 3. Mayor Campbell made reference to a memo dated December 19, 1986, from the Planning Department; the Commission can either adopt the memo recommendations in toto after discussion consideration or on a case-by-case basis. Mrs. Horenburger introduced Dan Cary, Direction of the Regional Planning Council. Mr. Cary reported that the Regional Comprehensive Plan of the State planning process which has been going on for the past year or so is very important and is going to have an effect on local government. That plan will be used to evaluate the local government plans that are going to be developed in the next two years. Mr. Bird arrived at this time. Mr. Cary commented on the following: Policy 6.11.1.3 dealing with ocean outfall; their policy as proposed would require that communities, such as Delray Beach that have ocean outfall, phase out the operation and cease to use it as a mecha- nism for getting rid of wastewater effluent. He realized there needs to be some work done on this policy; it is going to be very expensive and in some cases, impossible, for local government to immediately phase out the outfall. Instead they are going to recommend that as alternative mechanisms become available they phase out the pumping of effluent into the ocean or use it as a backup or emergency disposal. Mr. Bird commented on the cost. Whether we ought to be pro- tecting our environment is not at issue; what is the issue is how much can we afford. He would submit that what they need to do is take these dollars that can be spent more effectively and put those dollars to work taking alternative methods. Tertiary treatment is a very expensive process. Discussion followed on tertiary treatment among the Commission and Mr. Cary. Mrs. Horenburger advised she felt a statement ought to be sent back to the Planning Council regarding their concerns; that the -2- 1/20/87 City has a problem with the recommendation as to tertiary treatment capability and ocean outfall and would accept some wording as to alter- native mechanisms becoming available and to not totally phase out the outfall. Mr. Bird stated he would accept a policy which says that until such time as those requirements for ocean outfall are changed by EPA that we live with it and encourage as a method of reducing subterranean and surface water use the use of effluent and appropriate agricultural uses, including golf courses, parks, road medians, etc., as a method of reducing our dependency upon the aquifer. Policy 7.2.1.3. regarding provision of emergency shelter. Mr. Cary clarified that they require that adequate shelter be available to meet the demands of any new or existing projects; they don't expect single purpose shelters to be built. Policy 12.1.1.1. concerning hazardous waste. Mr. Cary stated he agreed with staff comments and advised that the State unfortunately has done a terrible job or providing any direction to the public on what to do with the waste. It was their intent to require the Counties to prepare something that all businessmen or homeowners could get to help them determine which methods of disposal to use; they intend to work more on this with the Counties which have been given funding from DER. Mr. Dougherty commented that the Boynton/Delray Wastewater Authority has a policy that they will not accept any hazardous waste whatsoever; it seems to him that every authority operating a wastewater facility should have the same policy and a policy which should be adopted by the Treasure Coast. Mr. Cary stated they do have policies addressing, for example, mandatory periodic collection. Upon question by Mr. Dougherty, he advised they are overseeing the State contract to the four-County area and have gone to the Water Management District to try and get some money for those counties that are ready to do model programs to address this issue. Policy 19.2.1.5. which addresses transportation; the Treasure Coast defined what the regional roadway system was - 10 roads within Delray Beach boundaries are defined as regional, including A1A, 1-95 and Congress Avenue. The Regional policy is that before new development is approved that would impact a regional road that isn't working at an acceptable level of service, they don't think any more development should be approved until such time as the developer is prepared to put in the extra lanes or turn signals to make it work. Mr. Cary explained the grading system for the roadways. What they have defined as an acceptable level of service is CD; if it is not rush hour, if it's not peak season, a person should be able to drive on that road at the speed limit except at rush hour. Mr. Cary advised they are trying to make sure that Boca Raton, for instance, won't use up Delray Beach's road system; they are review- ing the Knight Center right now. In other words, Boca Raton doesn't get all the tax money that's coming in by approving Knight Center and Delray Beach absorbs all the transportation impact. They will make that approval contingent upon them paying the impact fees, if necessary, that cover the impact on Delray Beach. Mr. Bird left the Commission Chambers at 8:10 P.M. Upon question by Mr. Dougherty, with regard to whether the Planning Council can know in advance that certain districts cannot be developed, for instance, before 1990, another 1995, based on the avail- able volume capacity indices that have been developed, Mr. Cary stated there will be requirements based on the City's zoning. This policy applies to all development, limited only to the extent that it impacts regional roads; they have no authority to go into the local roads. Mr. Dougherty commented that developers do not know in advance that they cannot build in those areas and was hoping something could be done about this. Mr. Cary stated the State is giving the City the ability to say, no, they are not going to develop there because they aren't ready to raise taxes; they would do it when they have accumulated enough impact fees. The Commission may want staff to make copies of some of these key elements, like transportation, to study. -3- 1/20/87 With regard to land use in transitional areas, Mr. Cary stated the only thing the City will see in the Regional Plan on land use is about four zones and they are going to base that on what the City draws; they are going to use the Land Use Map and the Regional Map will simply have urban area. Urban area is any place where the Commission is willing to commit full urban services to. Transitional areas are areas where the City may not be ready today to provide urban services to, but it makes sense that that would be the first area to be provided in the future. Mrs. Horenburger moved to accept the memo of December 19, 1986, from Sheryl Stolzenberg and the comments from Planning and Zoning with the exception of the recommendation on the first item and change it to read that the City will not accept the policy recommendation of the Regional Plan when the Regional Plan is adopted; also on Policy 19.2.1.5, not accept the recommendation of the Planning and Zoning Board, but instead recommend that the City Commission approve the policy as written, seconded by Mr. Weatherspoon. Mr. Dougherty stated he felt it should be subject to the comments and potential revision by Mr. Cary. Mrs. Horenburger amended her motion to include Mr. Dougherty's comments, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Cary advised there will be a public hearing tomorrow evening at 7:30 P.M., at the County Commission Chambers in West Palm Beach. Upon question by Mrs. Horenburger with regard to the final adoption date by Treasure Coast, he stated there is none set; they are pushing for the first hearing on the third Friday in April. Mayor Campbell declared the meeting adjourned at 8:30 P.M. ATTEST: bi A ¥ 0 R The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of January 20, 1987, which ~inutes were formally approved and adopted by the City Commission on~. ~9~.. ~? · City' Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -4- 1/20/87