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04-10-86SpMtg APRIL 10, 1986 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 5:00 P.M., Thursday, April 10, 1986. Roll call showed: Present - Council Member Malcolm T. Bird (arrived at 5:25 PM) Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member 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) consideration of matters relating to the "Delray Beach Enclave Act". 1. The City Manager gave a brief overview of the procedures being undertaken on behalf of the proposed legislation, noting that Kathy Daley and Tom Robb have been working diligently in this regard. Ms. Daley referred to the 4/9/86 memorandum from the City Manager which summarizes what they are doing. Mr. Dougherty pointed out that he knows of at least one High Point Condominium that has not been contacted. Mayor Campbell suggested a formal contact structure with the presidents of the various homeowners associations be established and Council be shown a list to check for possible omissions. The City Manager advised that Ms. Daley has organized a citi- zens group to get things started. It was the consensus of Council to leave the committee informal but Council felt that a few key people should be appointed to contact others. Mayor Campbell suggested they publish a name and telephone number. The City Manager advised that Tom Robb will be coordinating the effort while Ms. Daley is lobbying in Tallahassee. Mayor Campbell requested that Tom Robb continue to coordinate this effort and that a public information advertising campaign be proposed. Ms. Daley stated that they are putting together a packet for distribution. The City Manager added that the mailing costs which will be about $5,000 to $10,000 will be assigned to Council's budget. Mayor Campbell asked that Council have an opportunity to view the material before it's distributed. Ms. Daley advised that the packet can be ready tomorrow and she outlined the cost and time involved in getting the mailing labels. Upon question, she advised that they have the voter registration list coming in tomorrow. Mr. Bird arrived at the meeting, the time being 5:25 P.M. Mr. Stanley Milosky felt they should speed up this process and stated that he has been putting up money. Mayor Campbell stated they will rely upon staff to let Council know what amount of money is appropriate under this campaign. He added that the City will consider reimbursing Mr. Milosky. Discussion was had at this time with regard to the lobbying effort. It was the feeling of Council that Ms. Daley should stay in Tallahassee the full time (approximately two months) and that the expense will be about $4,000. It was the consensus of Council not to hire any other lobbyist for this item. Discussion was had as to Council Members going to Tallahassee during the session for short periods of time at an estimated cost of $3000. Mrs. Horenburger suggested that Ms. Daley rent an apartment large enough to accommodate Council Members when they come up. Mrs. Jeanette Slavin stated that she, Helen Coopersmith and several other citizens are planning to go to Tallahassee and lobby at their own expense. Mayor Campbell stated that the City may consider reimbursing them for their work afterwards. At this time Council discussed policy considerations. The City Attorney stated he has a problem with applying amortization only to annexed enclaves as opposed to City-wide and he cautioned that uses have to be treated uniformly within zoning districts. He outlined an amorti- zation schedule which has been upheld in Court. Mayor Campbell ex- plained that they have three alternatives; to amortize, to make them non-conforming or to approve them as conditional uses. Mr. Bird pointed out that Council could consider amortizing those conditional uses at a later time. Mr. Weatherspoon had a problem with the property owners reaction to amortization and Mr. Dougherty had concerns with the reac- tion of the bill sponsors. Mr. Bird suggested, rather than making a final decision, to stop at the point of allowing them in as conditional uses. They could then go talk to their sponsors and find out where they stand on the amortization issue. Mr. Danny O'Brien requested Council address non-conforming residential uses. Discussion was had in this regard. Mayor Campbell stated that Council's intent is not to inflict a hardship in those situations. At this time Council discussed water and sewer hookups. Mr. Robert Pontek, Public Utilities Director, outlined the costs and pro- cedures for hookups. Mr. Dougherty suggested they give the people in the pockets a 2-3 year period to hook up when the City sewer is avail- able. Council concurred. Secondly, he suggested that they continue the 25% surcharge and reduce it over a period of 5 years or so by 5% per year. This would reduce the impact. Discussion was had with regard to septic tanks fouling the City's water supply. Mrs. Horenburger suggested the City begin a program to eliminate septic tanks. Mayor Campbell felt they should let the County handle that. Mr. William Murtha noted that there are people already in the City still using septic tanks and he feels Council is picking on the County pockets. Upon question, Mr. Pontek advised there are about 100 homes in the City that are not using their sewer lines. Mrs. Horenburger felt they should place the same hookup requirements on these homes as they do for the ones in the pockets. Further Council discussion was had in this regard. The City Attorney stated the City only requires sewer; it's the County that might require water hookup. As he understands Council's intent, they would like the City to institute a pay as you go plan providing the sewer was available prior to the enactment of the Enclave Act. Mr. Pontek stated that would be a nominal amount of about $5 a month or less. The consensus of Council was as follows: once water and sewer is available they will be obligated to hook up to the sewer system within a three year period with an amortization schedule to pay off the hookup charge. Water hookup would not be mandatory; it would be avail- able and would be handled on a normal basis. In addition, this applies only to those structures which exist at the time of the effective date of the Enclave Act. Not counting miscellaneous costs, Mayor Campbell stated he comes up with a figure of about $18,500 in campaign costs for the Enclave Act; with miscellaneous costs, they could go as high as $20,000. Funding is to come from Council's budget. The City Attorney stated that some of that cost will be supplemented from other budgets. - 2- 4-10-86 At this time Council discussed substandard County roads which will be coming into the City. Mrs. Horenburger cited Woods of South- ridge as an example and suggested that the City go ahead and begin to pave substandard roads that exist in the County. The City Attorney added that they can use the special assessment procedure. Council concurred. The City Manager advised that staff is working on putting together recommendations as to when they can adequately service these areas so that they will have a program to recommend to Council. Mayor Campbell declared the meeting adjourned at 7:00 P.M. Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of April 10, 1986, which minutes were formally approved and adopted by the City Council on ~~ /~., /~/~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 3- 4-10-86