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05-25-82 MAY 25, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:04 P.M., Tuesday, May 25, 1982. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Timothy Fange- meier of Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of May 11, 1982, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird abstained as he was not present at said meeting; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 5.a.1. Mr. Joseph Bell, 140 Venetian Drive, spoke regarding the on- going problems and controversies between the Planning and Zoning Board of Delray Beach and the Planning and Zoning Board of the County. He feels it is intolerable that when the City's Planning & Zoning Board submits a recommendation regarding the County pockets, the County lis- tens but treats the matter cavalierly. The County cannot know the community as well as the City's Planning and Zoning Board does. He suggested two solutions to resolve this; one would be to suggest to the Mayor that he or a delegate ask each of the communities to send a rep- resentative to a meeting with the express purpose of finding agreeable language that would enable them to ask the Board of County Commissioners to direct their Planning and Zoning Board to have the zoning within the County pockets of each of the municipalities to comply with the zoning regulations of that township or city. The second solution is that no conditional use be made or allowed by the County Board for the County pockets without the prior approval of the municipality in which that pocket is listed. He feels that the representatives from the municipal- ities should develop some political muscle whereby they would be asked to have a referendum or even make it a political issue for the election of any county commissioner, to recognize the situation within the var- ious towns and cities of Palm Beach County. Mr. Blair stated that he attended a County meeting some months ago and the Planning and Zoning Board made a point to say that it seems that none of the Cities ever send any representatives to the County Planning and Zoning meetings. He spoke before the Board and advised them that the City was against the item to be discussed. Regard- less of the City opposing it they went ahead and voted unanimous as though he had not even spoken. Mr. Bird suggested that if Mr. Bell had a specific proposal in writing it could be considered at a workshop meeting and, if they can generate something that has universal appeal to the other municipal- ities, it could be forwarded to the Municipal League. Mr. Perry explained that the Planning Commission sits as one body and the Zoning Commission sits as another body and is in fact the Board of County Commissioners. 5.a.2. Mr. Dean Luce, 36 South Ocean Boulevard, inquired as to who interprets the laws in the City, the City Attorney or an individual board member of the various boards. He presented a particular case which is before the Board of Adjustment for appeal, even though the City Attorney had already filed for a motion to dismiss. He feels that there will be chaos in the City if a board member can interpret the law as they see it. Upon question by Mr. Bird, the City Attorney replied that, in his opinion, the matter being discussed is a question of law; there is no dispute about the factual circumstances. The problem with the zoning code is that it provides that the Chief Building Official shall be the interpretor of the codes that fall within his purview. He feels that something is going to have to be done, relative to the language, to prevent future problems. Mr. Bird stated that, barring some very unusual circum- stances, this Council should continue to be guided by the opinion of the City Attorney. Mayor Young stated that this matter should not be discussed further in view of the fact that it is going to be brought before the Board of Adjustment very soon. Mr. Joseph Bell stated he feels that Council should tell the Board of Adjustment that if it is a matter of law, the City Attorney is correct and should prevail. Mr. Bird replied that it has been the past history of the City that when a Board has gone astray in the interpretation of its powers, they have been corrected at the appropriate time. 5.a.3. Mr. Ed Shearer, 88 South Ocean Boulevard, commented on the increasing problems of the beach at night time. He feels that the police are not able to handle this situation well enough and is before Council to ask them to give some consideration to this problem. He suggested that charging for night parking and having a policeman present at all times might help to alleviate it. 5.b.1. Mayor Young presented and read a proclamation proclaming the day of September 8, 1982, as "National Cancer Day". 5.b.2. Mayor Young presented and read a proclamation appointing Mr. James H. Scheifley as "Sister City Ambassador". Mayor Young left the Council Chambers at this time. 5.c.1. The City Attorney reported that the Charter and Code pro- vides that Council must formally approve the retention of any outside counsel. This matter is being brought to Council for formal authoriza- tion for the City to retain the services of a law firm known as Sey- farth, Shaw, Fairweather and Geraldson. They are essentially labor law specialists and their purpose would be to act as consultants to the City on labor law matters and specifically for any additional matters that they might handle exclusively. Their fees range between $75.00 and $110.00 per hour. It is his recommendation that Council authorize their retention to be billed on an hourly basis between $75.00 and $110.00 per hour depending on the person that the firm assigns to the matter. Mr. Blair moved to approve the hiring of the attorneys on a basis of the fee of $75.00 to $110.00 per hour, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr.Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Mayor Young returned to the Council Chambers at this time. 5.c.2. The City Attorney reported that this item involves the law suit that the City is involved with which was filed by the Florida Consumer Federation against the City of Delray Beach, Palm Beach, Rivi- era Beach, Tequesta and Lake Clarke Shores. It challenges the constitu- tionality of the charitable solicitations ordinances. The City has - 2 - 05/25/82 reached a point in the proceedings where the matter is being handled by outside counsel and the matter is scheduled to go to calendar call by the end of next week. A tentative settlement agreement with the attor- neys for the Florida Consumer Federation has been reached. He advised that Council has been furnished with a proposed ordinance, which if acceptable, should be passed on first reading and would result in the settlement of the case by amending the provisions. Council would have to authorize the payment of $2,000 to the attorneys of Florida Consumer Federation as attorneys fees. It is his personal recommendation that the ordinance be adopted as written and to authorize the expenditure of the funds. This ordinance in the future will be defensible and constitu- tional. The City Attorney presented Ordinance No. 40-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, "SOLICITORS AND PEDDLERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE III, "CHARITABLE SOLICITATIONS" AND ENACTING A NEW ARTICLE III, "CHARI- TABLE SOLICITATIONS"; REQUIRING A PERMIT PRIOR TO SOLICI- TATION; PROVIDING CERTAIN EXEMPTIONS; PROVIDING FOR PUBLICATION OF INFORMATION PERTAINING TO EXPENDITURES OF THE APPLICANT; ESTABLISHING A MAXIMUM DURATION OF THE PERMIT OF FOUR WEEKS UNLESS SPECIAL CIRCUMSTANCES ARE SHOWN; PROHIBITING OVERLAPPING DRIVES EXCEPT UNDER CER- TAIN CIRCUMSTANCES; REQUIRING A REPORT ON THE RESULTS OF THE SOLICITATIONS; PROVIDING FOR INSPECTION OF BOOKS ~D RECORDS BY THE CITY; REQUIRING AN IDENTIFICATION CARD; RESTRICTIONS ON SOLICITATIONS; PROVIDING FOR REVOCATION OF THE PERMIT UNDER CERTAIN CONDITIONS; REGULATING SOLICI- TATION BY COIN OR CURRENCY BOXES; PROHIBITING SOLICI- TATIONS ON THANKSGIVING AND CHRISTMAS DAYS; REQUIRING ADULT SUPERVISION OF MINORS; ALLOWING CITY COUNCIL TO WAIVE CERTAIN PROVISIONS OF THE ORDINANCE IN THE EVENT OF AN EMERGENCY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 40-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved to authorize the expenditure of $2,000 with monies to come from the Contingency Fund, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 5.d.1 The City Manager reported that in addition to the addendum, he would recommend that item 11 be removed from the consent agenda. He also stated that Council has been furnished with two letters of resigna- tion from Mrs. Durante. Council is to consider her recommendation that Deborah Williams be appointed to the Community Action Advisory Board. 6. Mr. Bird moved to approve the agenda, with the deletion of item 11 and the addition of item 30 which will be the appointment of Deborah Williams to the Community Action Advisory Board, seconded by Mr. Perry. Said motion passed unanimously. 7. The Honorable Norman Gregory, Chairman, Palm Beach County C6mmission, presented a check in the amount of $9,977.06, which he explained was the County's share of a gift to the City of Delray Beach for recreational equipment which was purchased for a park on the Intra- coastal Waterway. He also outlined some of the projects that have been accomplished within the City over the past three years. Mr. David Nathanson stated that he decries very much the Council Chambers being used as a whistle stop by a candidate on his campaign for reelection. He also feels that the presentation of the check to the City could have been done in a more efficient and quicker manner. - 3 - 05/25/82 CONSENT AGENDA Mr. Perry moved for the removal of item 17 from the Consent Agenda for discussion, seconded by Mr. Bird. Said motion passed unani- mously. The following items are to be considered by Council as the Consent Agenda: 8. Double Taxation Study. Council should consider approving and authorizing execution of an agreement with Kelton & Associates, Inc., to participate in a "second front" double taxation study with 14 Palm Beach County municipalities. The cost for Delray Beach will be $9,480. Approval is recommended. 9. Summer Youth Employment Program. Council is to consider authorizing execution of an agreement between the Urban League of Palm Beach County and the City relative to the Summer Youth Employment Pro- gram. Agreement is for 17 positions with no direct cost to the City. Approval is recommended. 10. Nuisance Abatement. Resolution No. 48-82, assessing costs for abating nuisances in accordance with Sections 13-11, 13-12 and 13-13 on 4 parcels, is before Council for consideration. (These nuisance abatements were undertaken under authority of our old ordinance.) Approval is recommended. The caption of Resolution No. 48-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCUR- RED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL- ING OF NOTICE OF LIEN. (Copy of Resolution No. 48-82 is on file in the official Resolution Book) 12. Contract for Public Works Complex Project (Drainage, Gradin~ and Paving). Resolution No. 50-82, awarding the contract to the low bidder, Companella Corporation in the amount of $194,570 with funds to come from the City's Bond issue of 1980, is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 50-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE PROPOSED PUBLIC WORKS COMPLEX PROJECT (DRAINAGE- GRADING AND PAVING PROJECT NO. 03-30-81-DB), LOCATED AT 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 50-82 is on file in the official Resolution Book) 13. Conditional Use, Site and Development Plan Approval Exten- sion -- Layer's North. Council is to consider approving the condi- tional use, site and development plan extension for Laver's North, located south of Linton Boulevard between Lindell Boulevard and S.W. 4th Avenue, if extended south, for 18 months until December 5, 1983. This was approved by the Planning and Zoning Board by a 7-0 vote. - 4 - 05/25/82 14. Conditional Use, Site and Development Plan Approval Exten- sion -- Pelican Harbor Shoppes. Council is t© consider approving the conditional use, site and development plan extension for Pelican Harbor Shoppes, located at the northeast corner of Federal Highway and Tropic Isle Drive, for one year until June 23, 1983. This was approved by the Planning and Zoning Board by a 7-0 vote. 15. Site and Development Plan Approval Extension -- Pelican Maisonettes. Council is to consider approving the site and development plan for Pelican Maisonettes, located north of Tropic Isle Drive, be- tween Federal Highway and Florida Boulevard, if extended south, for one year until June 23, 1983. This was approved by the Planning and Zoning Board by a 7-0 vote. 16. Conditional Use, Site and Development Plan Approval - Mun- nines Duplex. The Planning and Zoning Board, at a meeting held May 13, 1982, recommended by a 5 to 1 vote (Wallin dissenting) that a request for conditional use, site and development plan approval for Munnings Duplex to allow a multiple family project in a GC (General Commercial) district, located on the west side of N.W. 5th Avenue between N.W. 1st Street and N.W. 2nd Street, be approved subject to: (1) Chief Building Official's memorandum of April 8, 1982. (2) Acting Director of Public Utilities' memorandum of April 5, 1982. (3) City Horticulturist's memorandum of April 5, 1982. (4) That a time limitation of twelve (12) months be set for development of the project. Mr. Bird moved for the approval of the Consent Agenda, with the exception of items 11 and 17, seconded by Mr. Blair. Said motion passed unanimously. REGULAR AGENDA 17. At Mr. Bird's suggestion, it was the consensus of Council to discuss this item after item 22 is discussed. 18. Appointment - Board of Trustees, Police and Firefighters Retirement System. Council is to consider the appointment of a member to the Board of Trustees, Police and Firefighters Retirement System to a term ending April 22, 1985. The Board has submitted the name of Leon M. Weekes. Mr. Bird moved to appoint Leon M. Weekes as a member to the Board of Trustees, Police and Firefighters Retirement System, seconded by Mr. Perry. Said motion passed unanimously. 19. Payment to Namil Corporation. Council is to consider author- izing payment of certain monies to Namil Corporation. Mayor Young explained that this payment covers the expense incurred by Mr. Miller as a result of the work done necessary to change the format of Homewood Boulevard. It is recommended that Council ap- prove this action and pay Mr. Miller the money that he has expended. The City Attorney explained that this item is before Council again so that the proper authorization is made to pay all or both cat- egories of the breakdown of expenses which would total $22,844.75. Mr. Bird moved to authorize payment to Namil Corporation in the full amount requested of $22,844.75 with monies to come from the Excess Land Fund, seconded by Mr. Jackel. Said motion passed unani- mously. 20. Settlement - Donald Pierce vs City of Delray Beach, etc., et al. Council is to consider the offer of settlement relative to Donald Pierce vs City of Delray Beach, etc., et al, in the amount of $4,000. Denial is recommended. - 5 - 05/25/82 The City Attorney advised that the arguments in this case concern the applicability of certain portions of the police officers bill of rights. The City Attorney's office took the position that it did not apply to a particular case. As a result of that the City was sued for money damages and other relief. An offer is currently pending, on behalf of the plaintiff and his attorney, to settle the matter in the amount of $4,000. Based upon some research that the City Attorney's office has done and the positions that have been taken, it is his recom- mendation that the offer be rejected. Upon question by Mr. Blair as to the costs of this type of litigation, the City Attorney replied that just to a conclusion at the trial level under a normal law suit, which involved outside counsel fees, the cost could be in the neighborhood of $10,000 to $15,000. To take an entire case all the way from start to finish it could cost anywhere from $15,000 to $25,000. The City Manager stated that although the City is weighing the risk by rejecting the possibility of settling the case, it has to be kept in mind that it could be inviting more law suits if the City seems too eager to settle just to avoid future legal costs. Mr. Blair moved to deny the offer of settlement, seconded by Mr. Perry. Said motion passed unanimously. 21. Agreement Extension - The Pines of Delra¥ West Association, Inc. Council is to consider extending an agreement between the City and The Pines of Delray West Association, Inc. for maintenance of sprink- ler pump and sprinkler system lines on the median strip of Homewood Boulevard between Red Hibiscus Drive and Linton Boulevard and on the north side of Linton Boulevard street right-of-way between Homewood Boulevard and the L-34 Canal until September 30, 1983. Approval is recommended. The City Manager stated that this agreement was made about a year ago for a one year trial period. It seems to have worked and it is recommended they extend the agreement. Mr. Bird moved to extend the agreement until September 30, 1983, seconded by Mr. Jackel. Said motion passed unanimously. 22. Rezonin~, Conditional Use, Site and Development Plan Approv- al(SAD) - Medical Arts Building. Council is to consider a request to rezone a 0.69 acre parcel of land from RM-10 (Multiple Family Dwelling) District to SAD (Special Activities) District, and conditional use and site and development plan approval to allow a professional/business office development, as denied by the Planning and Zoning Board. The Planning and Zoning Board, at its May 13th meeting, reconsidered the permitted occupations/office uses in the RM-10 District and recommended that no change be made. Mr. Perry stated that in this particular case there is an existing building with existing parking. The applicant is not asking for any kind of physical extension. He feels that the owner has a vested interest in a building which is existent and is apparently having a hard time keeping the rent going. Mr. Perry stated that he would have no problem with allowing the applicant the uses that he is requesting, although the Planning and Zoning Board have recommended denial. Histori- cally, the Board has stood in opposition to professional office build- ings in residential districts and yet under item 17 the Board is recom- mending that Council allow a conditional use. Mr. David Layman, attorney representing Mr. Ulrich Heydasch, owner of the Medical Arts Building, outlined the past zoning history of the land. He stated the reason the owner is applying for SAD is because he is unsure what uses the City will allow him to permit in the build- ing. An SAD zoning would broaden the kinds of uses permitted but not generate any more traffic. Council has been furnished with a list of proposed uses that would be involved if the SAD is approved. - 6 - 05/25/82 Mr. Hank Thompson, Real Estate Consultant, stated that the occupations listed are primarily directed at office space and none of them would create any more traffic than if the building were filled with doctors and medically oriented people. Mr. Robert Chapin stated that he is very opposed to the request for rezoning. He explained to Council the background history of the area and stated that the uses, activities and characteristics of the SAD are to be consistant with the Comprehensive Land Use Plan, suitable and adaptable with surrounding development. He feels that in no way would expansion of a nonconforming use be in any way consistent or conforming with the existing use. It would be contrary to the whole history of the last decade to make the area more residential. Discussion followed relative to the actual uses permitted in the building as it is presently zoned. Mr. Hank Thompson stated that he had addressed a letter to the City Manager with regard to whom they could lease the building as it is presently zonedand questioned whether or not they would have to come before the City for approval for any of the conditional uses that are listed under RM-10. The City Attorney replied that there is no answer to that question as yet. He is looking for the background information about the prior uses of the property. This would let him know what types of uses they can now make of the property, which is conditioned upon what types of uses they made at the time the zoning was changed from SC to RM-10. Mrs. Phyllis Plume, Member of the Planning & Zoning Board, explained the reasons why the Board had refused this request in the past. They have never been against the RM-10 allowable uses for profes- sional offices but when they considered the request for an SAD, in the hope of improving the building, they found that the list included items that are not allowable. Mr. Bird questioned the possibility of granting an assurance to Mr. Thompson that he could proceed to lease to the professions listed under the RM-10 as conditional uses so that he could be sure he was not jeopardizing himself or his client. If some of the other uses were acceptable then they could also be included. He feels that the owner of the building is entitled to know that he can lease to the allowed uses without having to apply for a conditional use every time. Mr. Bird moved that the petitioner should be granted a blanket conditional use to include those items which are authorized currently as conditional uses in RM-10, upon application by the peti- tioner for a conditional use, the only excep'tion to that would be that the pharmacy also be included in that conditional use as being in exist- ence at this time, seconded by Mr. Blair. Said motion passed unani- mously. Upon question by Mr. Layman, the City Attorney advised that the client would have to reapply for a conditional use, although Council could probably authorize waiving the fee involved. Mr. Bird moved that the fee be waived in this instance, seconded by Mr. Blair. Said motion passed unanimously. Mr. Bird moved to sustain the Planning and Zoning Board recommendation of denial to rezone from RM-10 to SAD, seconded by Mr. Blair. Said motion passed unanimously. 17. Conditional Us__e_- Dumar Plaza (Formerly South Palm Profes- sional Plaza). Council is to consider a conditional use approval request to. allow a professional office development within a RM-10 (Mul- tiple Family Dwelling) District, located east of Federal Highway, bet- ween Avenue "H" and Avenue "J", subject to listed conditions. This was approved by the Planning and Zoning Board by a 7-0 vote. - 7 - 05/25/82 Mr. Perry stated that he could not understand why Item 17 was unanimously approved by the Board, when item 22 was denied since both applicants are requesting a conditional use in an RM-10 district to allow professional offices. The City Manager explained that Item 17 concerns a condi- tional use for professional offices whereas Item 22 is asking for an SAD for an expanded list of uses. Mrs. Plume explained that, in the estimation of the Planning and Zoning Board, the applicant had made major modifications in his request, and downzoned the property from SAD to professional offices which is entirely different from the Medical Arts Building. Mr. Blair moved to sustain the recommendation of the Plan- ning and Zoning Board, seconded by Mr. Jackel. Said motion passed unani- mously. 23. Ordinance No. 37-82 - Rezonin~, Conditional Use, Site and Development Plan Approval - South County Drug Abuse Foundation. Ordi- nance No. 37-82, rezoning and placing a 0.67 acre parcel which is pres- ently zoned R-iA (Single Family Dwelling) District in SAD (Special Activities), is before Council for consideration on First Reading. This parcel is located west of Swinton Avenue, between Southridge Road and Sterling Avenue. The City Manager presented Ordinance No. 37-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED R-iA (SINGLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 0.67 ACRE PARCEL OF LAND LOCATED WEST OF SWINTON AVENUE, BETWEEN SOUTH- RIDGE ROAD AND STERLING AVENUE, SAID LAND BEING IN SEC- TION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Attorney read the caption of the ordinance. Mr. Jackel read two articles from newspapers regarding the increasing use of drugs, and stated he feels the South County Drug Abuse Foundation is a very worthwhile program. Mr. Elivio Serrano, Director of the South County Drug Abuse Foundation, spoke before Council and outlined the history of the founda- tion. He explained that the children treated at the proposed facility would be between the ages of 12 through 17 and having problems at home and school. They are not drug addicts but termed as high risk because of their behaviour and family problems. They are in need of a more positive environment and the facility will provide them with 24 hours a day supervision. He stated that he has spoken with many of the resi- dents from the Southridge area who are opposed to this facility. They are concerned with the increasing crime rate in the area and they are afraid that this problem is going to downgrade the community. He ex- plained that at no time would any of the children be allowed to leave the facility unsupervised. He also mentioned the foundation's program currently operating at Congress Middle School in Boynton Beach which is designed to work with problematic sixth graders and their parents who are required to participate in these sessions. Mr. Robert French, 131 Mockingbird Lane, explained that he has a philosophical interest in this foundation and has been following the progress of it. He visited the center, asked what their goals, objectives and staffing would be for the program and was impressed with the answers he received. As an educator who has dealt with broken homes and similar programs, he feels it is worth trying because the value to be gained would be immeasurable. Mr. Blair moved for the adoption of Ordinance No. 37-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 8 - 05/25/82 Mr. Bird left the Council Chambers at this time. 24. Ordinance No. 38-82 - Budget Amendment. Ordinance No. 38-82, repealing Ordinance Nos. 66-81 and 80-81 and making necessary budgetary appropriations for fiscal year 1981-82, is before Council for considera- tion on First Reading. The City Manager presented Ordinance No. 38-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 66-81 AND ORDI- NANCE NO. 80-81, AND SUBSTITUTING THIS ORDINANCE TO READJUST THE 1981-1982 FISCAL BUDGET OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINAL APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1981, TO THE 30TH DAY OF SEPTEMBER, 1982; TO PRESCRIBE THE TERMS, CONDITIONS, AND PROVISIONS WITH RESPECT TO THE ITEMS OF EXPENDITURES AND THEIR PAYMENT, TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CON- FLICT WITH THIS ORDINANCE AND ALL RESOLUTIONS AND ORDI- NANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 38-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Council Chambers at this time. 25. Ordinance No. 39-82 - Amend Code - Vehicular Signs. Ordi- nance No. 39-82, amending Chapter 9 "Buildings and Construction" rel- ative to definition of vehicular signs to clarify the exclusions from the prohibition of vehicular signs, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 39-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-198, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE DEFINITION OF "VEHICULAR SIGN" TO CLARIFY THAT THE PROHIBITION ON VEHICULAR SIGNS DOES NOT INCLUDE "PRESSURE SENSITIVE" TYPE SIGNS, WHICH ARE PERMANENTLY AFFIXED TO A VEHICLE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 39-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry abstained; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 26.a. Beach Parking/Beach Erosion Control Project Funding. Coun- cil is to consider constructing a parking lot on City property on Ingra- ham Avenue. Approval is recommended. The City Attorney reported that this item is on the agenda to get direction from Council relative to the City-owned lot on Ingraham Avenue and the structure that is there; whether Council wishes to pro- ceed further on the parking lot to restrict it to residents only. If Council does not wish to pursue that formally, then it would be possible to enter into an agreement with the County which would fund the City for the beach renourishment fund annually, subject to their budget. - 9- 05/25/82 Upon question by Mr. Bird, the City Attorney replied that he has already requested that the County and the County Attorney's Office provide him with a certified copy of the minutes of that meeting where the general consensus was given to staff to work on the problem. They refused to give him a letter so he has nothing in writing. Mr. Bird moved to ask the Mayor to request from the Chairman of the Board of County Commissioners a certified copy of the minutes of the workshop meeting of January 7, 1982, to be provided with the concur- rence of the Board of County Commissioners, seconded by Mr. Blair. Said motion passed unanimously. It was the consensus of Council to wait for a reply from the County Commissioners before considering the City Manager's recommenda- tion relative to the parking lot. 26.b. Council is to consider authorizing the removal of the exis- ting building on property on Ingraham Avenue. Approval is recommended. Mr. Jackel moved to instruct the City Manager to take steps as soon as possible to remove the existing building on the property on Ingraham Avenue, taking the necessary precautions regarding rodents, seconded by Mr. Blair. Said motion passed unanimously. 27. Appointments - Internal Audit Committee. Council is to consider the appointment of one regular member to the Internal Audit Committee to a term ending April 27, 1983 and one alternate member to a term ending April 27, 1984. Mr. Jackel moved to appoint Mr. Bill Peery as a regular member and Ken Davidson as an alternate member to the Internal Audit Committee, seconded by Mr. Bird. Said motion passed unanimously. 28. Appointment - Community Development Advisory Board. Council is to appoint a board member to the Community Development Advisory Board. Mrs. Durante who has served as a member of the Board since Septem- ber 1978, has requested that she be replaced. The City Manager reported that it has been suggested that because of the nature of the work that will be done with Community Development, a direct staff liason is advisable and it is his recommenda- tion that Mike McDaniel, Planning Director, be appointed to the Board. Mr. Bird moved to appoint Mr. Mike McDaniel to the Community Development Advisory Board, seconded by Mr. Jackel. Said motion passed unanimously. 29. Origin.and Destination Study - N.E. 8th Street Bridqe. Council is to consider entering into an agreement with Kimley-Horn, traffic engineers, to conduct an origin/destination study for traffic using the N.E. 8th Street Bridge. Cost will be $4,000 with funding to come from the General Fund Contingency Account. Approval is recommen- ded. Mayor Young stated he feels it is a most unfair situation for the County to ask the City to undertake the control of the bridge. This is the only case in seven counties in Florida where a municipality has been asked to control a bridge over an intracoastal waterway. One of the reasons for this request was that the County did not want the expend- iture on their budget. With the 1¢ sales tax increase, Delray Beach receives 13¢ available for municipal use out of each dollar and the County receives 50¢; he feels that this is an extremely unfair situa- tion. Mr. Bird moved to authorize the study, seconded by Mr. Jackel. Said motion passed unanimously. 30. Mr. Bird moved to appoint Deborah Williams to replace Mrs. Durante on the Community Action Advisory Council, seconded by Mr. Blair. Said motion passed unanimously. - 10 - 05/25/82 Al. County Special Exception Petition No. 82-79. Council is to 'consider Planning and Zoning Board's recommendation by unanimous vote that a letter ~ sent to the County objecting to this petition since it is in violation of the City's Land Use Plan. Mr. Bird moved that they send the letter objecting to the petition and that it should state that not only is it in violation of the Land Use Plan, but also there would not be adequate buffering be- tween residential use and a noisy commercial use, seconded by Mr. Blair. Said motion passed unanimously. A2. County Rezonin~ and Special Exception Petition No. 82-88. Council is to consider Planning and Zoning Board's recommendation by unanimous vote that a letter be sent to the County objecting to this petition since it is in violation of the City's Land Use Plan. Mr. Tore Wallin, Planning and Zoning Board Member, stated that the Board objected to this request, first because they did not want to encroach upon the single family area to the south of the property and second because of the traffic. Mr. Bird moved that they send the letter objecting to the petition and ask Mr. Herbert Kahlert, County Engineer, if he is present at the meeting, to express the concern about the roads, seconded by Mr. Blair. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 9:40 P.M. 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 May 25, 1982Awhich minutes were formally approved and adopted by the City Council on _.~--~ ~ fFF-2~- 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. - 11 - 05/25/82 JUNE 1, 1982 A special meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Bird in the Council Chambers at City Hall at 7:05 P.M., Tuesday, June 1, 1982. Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present was - City Manager Gordon D. Tiffany Absent - City Attorney Herbert W.A. Thiele Mayor Young announced that this meeting has been called for the purpose of (1) considering the offer of settlement in the case of Sandra Tucker vs. the City of Delray Beach. 1. The City Manager advised that Council has been furnished with copies of a letter to him from the law offices of Peterson and Fogerty, signed by Eric Peterson, attorney representing the City in the Court action of Tucker vs. City of Delray Beach. Mr. Peterson has made a recommendation, which the City Attorney agrees with, that the City settle this case for the amount of $20,000. The City Manager advised that he feels it is a reasonable offer under the circumstances and he recommends that they extend this settlement offer in exchange for a full release, with funds to come from the Insurance Reserve. Mr. Bird moved for approval of the recommendation of the City Manager with funds to come from the Insurance Reserve, seconded by Mr. Blair. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 7:10 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 June 1, 1982, which minutes were for- mally approved and adopted by the City Council on~ ~., ~2-. 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.