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06-08-82 JUNE 8, 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 7:00 P.M., Tuesday, June 8, 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 Dr. Mary Kupferle, Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Perry moved for approval of the minutes of the Regular Meeting of of May 25, 1982 and Special Meetings of May 18, 1982 and June 1, 1982, seconded by Mr. Blair. Said motion passed unanimously. 5.a.1. Mr. Tore Wallin, 2717 Florida Boulevard, noted that in a recent issue of the Monday Paper it stated that the Administration, together with a committee, visited areas in the City for the purpose of garbage collection. He was unaware that Council had appointed a com- mittee and he asked who the members are. The City Manager replied that the article Mr. Wallin mentioned was a tour by the Adminstration and by people appointed by the Clean Community System of Delray to assist the City staff in reviewing collection procedures and related items. He agreed to provide Mr. Wallin with a list of the names of those people who attended. 5.a.2. Mrs. Rita Schaken, Rainberry Woods, noted that at a meeting some time back, Council discussed the formation of a committee to study all aspects of sanitation. At that time, she offered to serve and was told she would be put on the committee. It seems to her that the people who expressed interest were totally ignored and not informed of the formation of this committee. Mr. Blair stated that he was appointed President of the Clean Community Systems. They are going to be studying the cleanup of the City and are looking for every available citizen who wants to parti- cipate in the studies. All interested people should write to him at the Chamber of Commerce or City Hall and he will see to it that they are put on the committee. 5.a.3. Mr. Tom R. Smith, 99 Seabreeze Avenue, stated he resents the fact that the Police Department twice accused him of a bomb threat and that Mayor Young sent the Police and Fire Departments and a Bomb squad to his house. Mayor Young stated that his conversation with Mr. Smith was related to the Police Department and a bomb threat. The Police Depart- ment, at his request, followed out their duty by coming out to Mr. Smith's house to take care of it. He added that, as far he knows, there is no police record regarding a bomb threat at Mr. Smith's house. 5.b.1. Mr. Blair stated that he is pleased to welcome two citizens who are here tonight to be acknowledged for their accomplishments as amateur runners. Mr. Dan Winters, Parks & Recreation Director, presented plaques to Dr. Keith Haynes and Mr. A1Vera each of whom qualified for the Boston Marathon on April 19, 1982. He added that each of them did outstanding times and are a credit to this community. Mr. Vera and Dr. Haynes accepted their plaques and commended the government of Delray Beach for encouraging exercise. 5.b.2. Mr. Blair stated that the Palm Beach County Development Board is a board of citizens working towards bringing good clean in- dustry throughout the county. He will be asking for Council support of the Chamber of Commerce and the Palm Beach County Development Board in their effort to bring good industry into town. He requested to have this item on next week's workshop agenda. 5.b.3. Mr. Blair stated that there are three citizens who should be recognized for putting in years of time and effort serving the City. The three citizens are: Frank Carey, Jr., Phyllis H. Carey and C. Spencer Pompey. Mayor Young replied that it will be taken care of. 5.b.4. Mr. Bird stated that at the Memorial Day celebration he made a presentation which he would like to formally enter into the record at this time. Lieutenant Commander Stewart, who left World War II as a Lieutenant Commander in the Navy, died a number of years ago. He and Mrs. Stewart wanted to do something appropriate with the flag which had draped her husband's casket at the funeral ceremony and they felt it should be donated to the City. Mr. Bird formally dedicated the flag to the City and asked that the City fly that flag from the City Hall flag- pole, in memory of a man who gave of his time, heart and effort to the defense of this country and whose recogr~itiOn they all shared in last week. 5.b.5. Mr. Jackel stated that at a meeting of the Human Relations Committee which he attended recently, several members of that committee indicated that they were confused as to their duties, powers and respon- sibilities and they are looking to Council for guidance. He suggested that Council place this on next week's workshop agenda. Mr. Bird noted that they already held one such meeting with this board and stated that prior to having another meeting he would like to have their questions in writing so that Council will be prepared to answer them. Mayor Young suggested providing members of the Board with copies of the minutes from the meeting at which their duties were explained. Council concurred. Mr. Bird added that, after reading those minutes, if the members still have a question, then they should schedule this for a workshop meeting. 5.b.6. Mayor Young presented and read a proclamation proclaiming the 21 days from Flag Day through Independence Day as a period to "Honor America". 5.b.7. Mayor Young presented and read a proclamation proclaiming the week of June 6 through June 12, 1982 as "National Child Abuse Pre- vention Week". 5.b.8. Mayor Young stated that Reverend M.A. King has requested permission to conduct a summer revival at Pompey Park and he has advised Reverend King that this will be put on next week's workshop agenda. 5.b.9. Mayor Young acknowledged a letter received from the Home- owners Association of Bass Creek thanking the City, particularly the City Manager and City Attorney, for their work in eliminating the weed and reptile problem which they had in the canals there. 5.c.1. The City Attorney requested that Item 13 of the Consent Agenda be moved to the regular agenda for discussion. 5.c.2. The City Attorney advised that in the lawsuit in which Florida East Coast Railroad sued Southern Sanitation, the City and another insurance company, they have received an offer to settle. Their outside counsel have recommended, and he agrees, accepting the offer which involves an exchange of releases of claims by all parties; there will be no monetary consideration involved. Upon question by Mayor Young, the City Attorney advised that there will be a dismissal with prejudice thereafter. - 2 - 06/08/82 Mr. Bird moved to authorize the Mayor to execute the release of claim agreement which releases any claims the City may have against the Florida East Coast Railway Co., Southern Sanitation Service, Inc., and American Mutual Insurance Co., seconded by Mr. Perry. Said motion passed unanimously. 5.d.1. The City Manager introduced the new Assistant City Manager, Ms. Bonita Gooch, who started yesterday. 6. Mr. Jackel requested that Item 12 of the Consent Agenda be ~oved to the regular agenda for discussion. Mr. Bird requested that Item 20 be removed from the agenda and be discussed at a special meeting to immediately precede next week's workshop meeting and advised that that they should be prepared to take final action next week. Mr. Bird moved for approval of the agenda with Items 12 and 13 moved to the regular agenda and Item 20 removed, seconded by Mr. Blair. Said motion passed unanimously. 7. Ordinance No. 37-82 - Rezoning, Conditional Us~H.~te a~d Development Plan Approval - South County Drug Abuse Foundation. Ordi- nance No. 37-82, rezoning and placing a 0.67 acre parcel which is pre- sently zoned R-iA (Single Family Dwelling) District in SAD (Special Activities) District, is before Council for consideration on Second and FINAL Reading. This parcel is located west of Swinton Avenue, between Southridge Road and Sterling Avenue. 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. 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-lA (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". (Copy of Ordinance No. 37-82 is on file in the official Ordinance 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. Mr. Elivio Serranq, Executive Director of the South County Drug Abuse Foundation, outlined the services which the foundation has been providing to the City for the last twelve years. One of the pre- vention programs is within Congress Middle School. It deals with chil- dren who are showing behavioral problems, poor academic performance and family problems. The foundation involves these children in an intensive academic program and the program requires that parents participate by undergoing family therapy and/or attend parenting classes. Their pro- gram has been very successful this year and the Florida Legislature has passed a special bill allocating funds for them to open another program of this sort in another school in Palm Beach County. They are proposing to open a residential facility to treat 14 boys, 12 to 17 years old. These children will be undergoing intensive family therapy, intensive individual counseling and learning to deal with their emotions in order to become productive members of society~ They are not criminals or drug addicts; they are children with problems. The foundation seeks to prevent drug abuse by treating them early enough in life. - 3 - 06/08/82 M~s. Frances Vi~nari, 217 Southridge Road, spoke in opposi- tion of having a drug abuse foundation in a residential neighborhood. They feel that their neighborhood will be threatened by these troubled teenagers. They have turned in petitions with 200 to 300 signatures on them which oppose this proposal. The merchants in Delray Mall oppose this project so near the shopping center. There is an elementary school one block away from this project and they, the citizens, want to protect their children who are attending it. She inquired as to whether or not there is government money involved in the funding of this project. She asked who the concerned citizens are who have purchased a loan for this project and when was the loan purchased. Mr. Serrano explained that originally their program was funded 100% by the National Institute of Drug Abuse in Washington, D.C. Throughout the years, the community has supported them to the extent that now 40% of their funding comes from private sources and 60% from government sources. The Board of Directors had been seeking a place to open the facility for the past two years and they recently found a place. Some of the members of the Board are citizens of this community who put in their time voluntarily earning no salary for it. The Presi- dent is Richard Siemens, developer, and other members include Captain Lorenzo Brooks, Charlotte Durante, Leon Weekes, Dr. Snyder, Mr. Wright of Boynton Beach, Samuel Barnes, Ernest Simon and Frank Carey. Mrs. Vignari noted that the citizens asked Mr. Carey to disqualify himself from voting as a Planning & Zoning Board member because they felt it was a conflict of interest since Mr. Carey also sits on the Board for the Drug Abuse Foundation. Mr. Carey did not dis- qualify himself and voted. She noted that Mr. Leon Weekes is the broker of this project and asked if he will gain financially when this is sold. She also asked who the owner will be and she questioned why this house is for sale at a price of $170,000 when the other houses in this neigh- borhood are worth about $50,000. Mr. Richard Siemens, President of the South County Drug Abuse Foundation, for the record, advised that Mr. Weekes will receive no benefits from this sale. He has voluntarily given of his time and has decided to reduce the price for this transaction rather than receive a commission. The owner of this property, if the rezoning is granted, will be the South County Drug Abuse Foundation, a private non-profit foundation that has a Board of Directors, the names of whom have been given by Mr. Serrano. All members serve without compensation and have served on the Board for the last 12 years. They have been licensed by the State of Florida as a licensed substance abuse facility. Over this period of time all they have done is increase their involvement and the amount of service in this community. This program is a very new con- temporary approach to the prevention of drug abuse. They have a problem in this community with children who are not able to live within their home environment and unable to function within the school environment. With the proposed facility, they will be able to devote time and atten- tion to these children. The facility will not be bought with taxpayer money because the government is unwilling to give money towards estab- lishment of such a facility. If they're going to have this facility, the citizens of the community will have to pay for it themselves. The Board of Directors have agreed to encumber the assets of the foundation in order to be able to establish this facility. Most people do not know about them because basically they do not create problems, they solve them; and they hope to continue to do so. Mrs. Vignari stated that they feel these children should be in the country in a farm setting rather than in the middle of a City. Mr. John Vi~nari, 217 Southridge Road, stated that they came here to enlighten City Council as to how the people feel about the rezoning of a residential area. He stated that they already have a lot of crime on Southridge Road and asked who will guarantee them that there won't be any trouble caused by the children in this facility. The people would like to know why a handful of City officials have so much power that they can change a residential area to include a drug abuse center. There is no record of there ever having been a rezoning of a business in a residential area. This was started two weeks ago when former Mayor Weekes was instrumental in rezoning the Delray Aluminum Company into a commercial zone; he was also the realtor who profited by selling this property. - 4 - 06/08/82 Mr. Perry noted that Mr. Vignari's address, 217 Southridge Road, is also the address of the Delray Beach Fine Arts School. He stated that a fine arts school is a conditional use in a commercial area, not in an R-iA area. Mr. Blair noted that the foundation is trying to rezone in a legal manner; Mr. Vignari did not. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 37-82 on Second and FINAL 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. 8. 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 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. 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. (Copy of Ordinance No. 38-82 is on file in the official Ordinance 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. Bird moved for adoption of Ordinance No. 38-82 on Second and FINAL Reading, seconded by Mr. Jackel. 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. 9. Ordinance No. 39-82 - Amend Code - Vehicular Signs. Ordinance No. 39-82, amending Chapter 9 "Building and Construction" relative to definition of vehicular signs to clarify the exclusions from the prohibition of vehicular signs, is before Council 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 sched- uled to be held at this time. 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. - 5 - 06/08/82 (Copy of Ordinance No. 39-82 is on file in the official Ordinance 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. Bird moved for adoption of Ordinance No. 39-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. 10. Ordinance No. 40-82 - Amend Code Solicitations. Ordinance No. 40-82, amending Chapter 22 "Solicitors and Peddlers" relative to charitable solicitations, is before Council 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. 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 AND RECORDS BY THE CITY; REQUIRING AN IDENTIFICATION CARD; RESTRICTIONS ON SOLICITATIONS; PROVIDING FOR REVOCATION OF THE PERMIT UNDER CERTAIN CONDITIONS; REGULATING SOLI- CITATION BY COIN OR CURRENCY BOXES; PROHIBITING SOLICITA- TIONS 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 EFFEC- TIVE DATE. (Copy of Ordinance No. 40-82 is on file in the official Ordinance 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. Blair moved for the adoption of Ordinance No. 40-82 on Second and FINAL 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. CONSENT AGENDA 11. 6th Annual Beach Festival on July 31st. A request has been received from Sunrise Kiwanis for the use of Anchor Park for the 6th Annual Beach Festival. Approval is recommended. 14. Water Utilities Acceptance. Resolution No. 51-82, accepting the water utilities as operational as recorded in the plat of Mack In- dustries - Delray, is before Council for consideration. Approval is recommended. - 6 - 06/08/82 The caption of Resolution No. 51-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE WATER UTILITIES IN- STALLED IN MACK INDUSTRIES - DELRAY, RECORDED IN PLAT BOOK 43, PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, COMPRISING THE FOLLOWING LOCATIONS: ALONG N.W. 2ND STREET FROM 1-95 WEST FOR APPROXIMATELY 230' AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TAINANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 51-82 is on file in the official Resolution Book) 15. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 52-82, accepting the sanitary sewers and water utilities as opera- tional as recorded in the plat of Lake Forest South, is before Council for consideration. Approval is recommended. The caption of Resolution No. 52-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN LAKE FOREST SOUTH, RECORDED IN PLAT BOOK 43, PAGES 152 & 153 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: WITHIN THE PLAT LIMITS AND A WATER MAIN ALONG BARWICK ROAD FROM LAKE IDA ROAD NORTH APPROXIMATELY 800', AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 52-82 is on file in the official Resolution Book) 16. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 53-82, accepting the sanitary sewers and water utilities as opera- tional as recorded in the plat of Environment I, is before Council for consideration. Approval is recommended. The caption of Resolution No. 53-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN ENVIRONMENT I, RECORDED IN PLAT BOOK 43, PAGE 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVEL- OPER FOR ONE YEAR. (Copy of Resolution No. 53-82 is on file in the official Resolution Book) Mr. Bird moved for adoption of the Consent Agenda with the exception of Items 12 and 13, seconded by Mr. Blair. Said motion passed unanimously - 7 - 06/08/82 REGULAR AGENDA 12. Contribution to Delray Beach Clean Community Systems, Inc. ~o~ncil is to consider appropriating $1,050 'for the balance of fiscal year 1981-82 (prorata share of $2,500 annual contribution) with funds to come from the General Fund Contingency Account. Mr. Jackel stated that he is in favor of this project; how- ever he understood it was going to be funded primarily by the Clean Community System, a private organization. He noted that the letter from the treasurer of CCS asks for a contribution of $2500 and the agenda asks for a contribution of $2500 annually; he questioned this and asked about the CCS budget. Mr. Blair advised that CCS has a tentative budget which won't be finalized until their next meeting in two weeks. Their budget, at this time, is $13,500; of that amount, the Board felt that the City should contribute $2500; the balance is private contributions. Mr. Bird stated, for the record, that if $2500 a year will help to improve the appearance of Delray Beach, he feels it is well worth it. Mr. Blair left the Council Chambers at this time. Mr. Bird moved to contribute $1,050 to CCS with money to come from the General Fund Contingency Account, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mr. Blair returned to his chair at this time. The City Manager advised that there is a slide presentation which explains the CCS program in greater detail and suggested that they schedule a showing at their workshop meeting. Mr. Blair asked that they show it at the workshop meeting after next. 13. Retention of Outside Counsel in Regard to Board of Adjustment. Council is to consider retaining an outside attorney relative to the Board of Adjustment. Approval is recommended. Mr. Bird moved to authorize the retention of the law firm of Adams, Coogler, Watson & Merkel, at the amount of $75.00 to represent the City of Delray Beach before the Board of Adjustment of the City of Delray Beach, relative to a matter involving a petition by the Gibson Properties, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: The City Attorney explained that in the past, this addi- tional expense was not necessary. However, in this case, certain infor- mation necessary to be presented to the Board of Adjustment is something he has firsthand knowledge of; therefore, he would have to be a witness before the Board. He, as City Attorney, cannot call upon himself as a witness. Upon question by Mr. Jackel, the City Attorney advised that whether or not they should retain counsel to act as advisor to the Board of Adjustment is a City Council decision. It could be done on a short term or long term basis. He has no particular feeling in either direc- tion, except that this is an unusual case and he does not feel it would be cost effective as he still plans on generally going to the Board of Adjustment meetings. Mr. Bird asked if this issue would require some- body with a strong background in municipal law, if they decide to pro- vide such counsel to the Board. The City Attorney replied that it would require someone with a background in administrative law. Mr. Bird requested that they handle this issue separately as Item 13.a. At this point the roll was called to the motion. 13.a. Mr. Bird stated that in this particular issue and only this issue, he feels it may be appropriate to provide legal counsel to the Board of Adjustment. - 8 - 06/08/82 Mr. Bird moved that the Board of Adjustment be informed that they are empowered to seek legal advice at a rate not to exceed $75.00 per hour; and they shall select no less than three (and as many more than that as they choose) qualified attorneys, and City Council shall select one from among them to represent the Board of Adjustment for this petition only, seconded by Mr. Blair. Said motion passed unanimously. 17. Internal Audit Committee Study~ Council is to consider requesting the Internal Audit Committee to do a study of the City's vehicle fleet and report back to the City Council. The City Manager reported that the Committee had a meeting this afternoon and discussed this issue. They have asked him to convey to Council their willingness to do the study and they have recommended in writing that the study, if authorized by Council, include considera- tion of at least the following matters: (1) age, condition, and functional suitability of the current fleet; (2) maintenance procedures; (3) vehicle assignments/allowances; (4) fleet replacement programming. Upon question by Mr. Bird, the City Manager replied that it is his understanding that the take home of vehicles is included in (3) vehicle assignments/allowances. Mr. Bird stated if that is the intent, he has no problem with it as it reads and he will make a motion to that effect. Mr. Bird moved that the Internal Audit Committee be formally requested to conduct the study, seconded by Mr. Perry. Said motion passed unanimously. 18. & 22. The City Manager reported that it is recommended that these two items be continued at the special meeting one week from today so they can be put in resolution form. Mr. Bird moved that Items 18 and 22 be moved to a special meeting to be held immediately preceding workshop one week from tonight, seconded by Mr. Blair. Said motion passed unanimously. 19. May-Zima Study. Council is to consider a Letter of Engage- ment from May-Zima to conduct a study of the City's inventory and inter- nal control practices. Approval is recommended. Mr. Bird moved for approval of the study, seconded by Mr. Perry. Said motion passed unanimously. 21. Ordinance No. 41-82 - McCulloch Annexation. Ordinance No. 41-82, relative to annexing a parcel of land located on the south side of Lake Ida Road, between Davis Road and Congress Avenue, subject to RM- 10 (Multiple Family Dwelling) District (Jack S. and Robert L. McCulloch, applicants), is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 13, 1982. The City Manager presented Ordinance No. 41-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 7, INCLUSIVE, BLOCK 1, DELRAY SHORES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. - 9 - 06/08/82 Mr. Bird moved for adoption of Ordinance No. 41-82 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 23. Water Service Outside City - 15768 S.W. 4th Avenue. Council is to consider a request for water service outside the City from George A. Von Eassen and Thomas E. Brandt to serve a 3.06 acre parcel of land. Approval is recommended. The City Manager advised that this applicant needs to get a commitment from the City to furnish water before he can move ahead with his plans. He is asking for language to be substituted in the standard annexation agreement which would allow him to either (a) annex within ten days of the zoning change, so he could annex as a conforming use; or (b) annex not later than three years from the date of execution of the agreement. The County zoning for this property is Light Industrial. The City's Planning staff feels that this is a reasonable request. The City Attorney explained that, in either case, the an- nexation will definitely take place no later than three years from the date of the agreement. Mr. Tom Brandt, petitioner, made a presentation. He ex- plained that, at their neighbor's request, they agreed to pay half the cost of a water line, which is why they are now seeking City water. The problem they have if they annex now is that they would be annexed as a non-conforming use because the west 2/3 of their property is zoned single family; this would be a violation of the financing commitment for their permanent loan. They are asking that they not be annexed sooner than September 30, 1982. Mr. Bird moved to approve the water service request with the appropriate changes in wording to the standard water service agreement and asked that the Planning & Zoning Board hear this request, seconded by Mr. Blair. Said motion passed unanimously. . Mayor Young declared the meeting adjourned at 8:45 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 June 8, 1982, which ~inutes were for- mally approved and adopted by the City Council on ~A~.~c~ _~/~F/~o 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. - 10 - 06/08/82