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05-13-80 MAY .13, 1980 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, May 13, 1980, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante (arrived at 7:20 P.M.), and Willard V. Young, present. Council Member Scheifley was on vacation. 1. The opening prayer was delivered by Rabbi Samuel Silver, Reformed Hebrew Congregation. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of April 28, 1980 and the special meetings of April 21, 1980 and April 23, 1980, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes announced that Mr. Scheifley will not be present this evening because he's in Pennsylvania for one week attending the~50th anniversary reunion of his high school graduating class. Mrs. Durante will arrive later. 4.a.1. Mr. Young referred to the budget calendar and stated that last year Council made a request that the Financial Advisory Board be brought into the deliberations of the budgetary process. He not~ced that they are not on the schedule and would like to see them brought in. It was the consensus of Council to discuss this at the next workshop meeting. 5.a.1. Mr. Tore Wallin, 2717 Florida Boulevard, referred to an article in the morning paper regarding the County charges for garbage collection. He hopes that Council will refer this matter to the Finan- cial Committee as the rates here in Delray are excessive. 5.b.1. An attorney representing Mr. & Mrs. Pat O'Laughlin stated that the present noise ordinance violates the due process clause of the United States Constitution. He cited two court cases in which the Con- stitution was interpreted to state that notice of what to avoid should be included in every statute and that reasonable men of common IQ must not have to guess at a law. Essentially, what the law states is that if anybody makes any noise by a stereo, radio, etc., and if this noise hap- pens to annoy somebody else, then that person is subject to $500 fine and up to 6 months imprisonment. He requested that Delray Beach adopt a new noise ordinance which would adopt a more objective decibel standard° They would like to keep the City quiet but more importantly is protect- ing the individual rights of the citizens so that they know what not to do. 5.c.1. Mr. Pat O'Laughlin, 24 N.W. 25th Court, stated that he is a victim of this ordinance. He and his family have been residents of Delray Beach for the last seven years and in the last five months they have been put through a great deal in reference to this ordinance. On seven occasions the police have come to their house and asked them to turn down their stereo or portable radio; this was in response to com- plaints from a neighbor who lives directly south of them. Mrs. O'Laughlin added that the last time the police came to her door was on Mother's Day. She was laying in the sun in her backyard with a portable radio on and this neighbor called the police. This is the kind of treatment they have been getting ever since that gentleman has been living there for the last eighteen months. It's put them in a position where they're nervous and they can't relax at home. The City Attorney noted that his office has this under ad- visement. They are reviewing the current ordinance and looking into other ordinances that would be based on decibel readings as opposed to the current standards that are in the ordinance. Mr. O'Laughlin added that he has actually been arrested and he has a record as a result of that. The City Attorney replied that there was a charge brought against the O'Laughlins which was dropped by the City Attorney's office. If there is anything reflected on the re- cords, he is willing to expunge it. Mrs. O'Laughlin added that they have other neighbors that are here tonight and these neighbors are willing to testify that they have never bothered them. 6.a.1. The City Manager reported that the Fraternal Order of Police is seeking to hold an election to determine whether or not a bargaining unit would be formed in the Delray Beach Police Department. Several steps have been taken with regard to this by the Fraternal Order of Police, the City Manager's office and the local PERC. It is recommended - that Council approve the consent election agreement which would permit the holding of an election on May 22, 1980. Mr. Bird moved for approval of the consent election agree- ment to be held on May 22, 1980, seconded by Mr. Young. Said motion passed unanimously. 6.a.2. The City Manager reported that there is the need for Council to approve the holding of a special Council meeting on Monday, May 26~ 1980, at 7:00 P.M. For the benefit of the public, Mayor Weekes advised that the Mayor of our sister City, Miyazu, Japan, and party will be here on that Monday specifically to come to a Council meeting. These arrangements were made not realizing that Monday was Memorial Day and also that the Council meeting dates had been changed from Monday to Tuesday. They decided that they would hold what in fact would be the regular COuncil meeting on Monday night; it will be called a special meeting but it will contain a full agenda. The following Tuesday they will have one item on the agenda which will be a .public hearing on an annexation petition. Mr. Bird moved that Council hold a special meeting on May 26, 1980 at 7:00 P.M., seconded by Mr. Young. Said motion passed unania mously. 6.b. Mayor Weekes stated that it's always a pleasure for him to acknowledge and recognize those citizens of this City who have devoted their time and talent unselfishly to the benefit of this City and its citizens. He presented City Service Awards to the following people: Nancy Adams Member of the Beautification Committee from January 1975 to April 1980' Peg Bowen Member of the Beautification Committee from May 1962 to April 1980. Pat Canning Member of the Beautification Committee from February 1974 to April 1980. A1 Elliot Member of the Beautification Committee from January 1969 to April 1980. George Feeley Member of the Beautification Committee from December 1976 to February 1980. Virginia Outcalt Member of the Beautification Committee from January 1973 to April 1980. Thomas Dennis Member of the Civil Service Board from July 1979 to April 1980. Ted Cumming Member of the Board of Trustees for the Police and Fire Pension plan from December 1977 to April 1980. - 2 - 5/13/80 Mrs. Durante arrived during the presentations of the City Service Awards, the time being 7:20 P.M. 6.c. The City Manager reported that as discussed at the workshop meeting on May 6th, Council is to consider the appointment of members to the Financial Advisory Board. Mr. Bird moved to appoint Frederick Blaser as a regular mem- ber to a term ending April 12, 1982, to elevate Mr. Charles Soelch from alternate to regular member and to install Mary Alice Pignato Underwood as an alternate member with a term ending April 12, 1982, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mrs. Durante stated that she had asked Ms. Pignato about serving as a regular member and it was her impression the whole time they were discussing this that they meant to appoint Ms. Pignato as a regular member, not an alter- nate. This comes as a complete surprise to her. Mr. Bird advised that he made the normal assumption, as they do with all the Boards, that they move the alternates up to regular mem- bers and insert new people at the alternate level. Mr. Soelch advised that he would be perfectly happy to remain as an alternate member of the Board. Mr. Bird stated that if they are going to change their proce- dure, perhaps, they should change it for all of the appointments to Boards. Mr. Young added that he would like to see them stick with their usual procedure. Mrs. Durante stated that the consensus at the workshop meet- ing was to appoint Ms. Pignato as a regular member and she feels that this action is not right or fair. At this point the roll was called to the motion. 6.d. The City Manager reported that it is recommended that Council enter into a letter agreement subject to the approval of the City Manager and the City Attorney for consulting service at the Delray Beach Country Club with Brookside Farms Laboratory Association at a cost of $1200 a year to the City. As discussed by the City Manager at the May 6th work- shop meeting, this consulting service would provide for the taking of soil samples from various locations on the golf course and irrigation water samples and analyzing same at,various times throughout the year and additional consulting service. Mr. Young moved to approve the entering into of a letter agreement subject to the approval of the City Manager and the City Attorney, seconded by Mr. Bird. Said motion passed unanimously. 6.e. The City Manager reported that it is recommended that Council approve summer rates for the Delray Beach Country Club as follows: Greens fees, 18 holes $7.50 Carts, 18 holes 8.00 Mr. Young moved to approve the summer rates for the Delray Beach Country Club as recommended by the City Manager, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird stated that they should set a time limit so far as making sure it comes back to them with appropriate financial input as to impact. Mayor Weekes suggested having a report from the Administration at of the end of June, 45 days, and see how it's holding up. Mr. Young concurred with the sug- gestion. Upon question by Mr. Bird, the City Manager replied that these rates apply to residents; non-resident rates are 50% higher on greens fees. It was Council's consensus to come back to this by the end of June. -'3 - 5/13/80 At this point the roll was called to the motion. 6.f. The City Manager reported that the City received two bids some time ago for the construction of the Island Drive Bridge; one from Murphy Construction Co. in the amount of $90,440 and the second and low bid from Webb General Contracting, Inc., in the amount of $86,200. It is recommended that Council authorize the award to the low bidder, Webb General Contracting, Inc., in the amount of $86,200, and that Council also authorize the transfer of $27,000 from the General Fund Contingency Account to apply to this project cost. The balance of funding has al- ready been provided. Mr. Bird moved to authorize the awarding of the contract to Webb General Contracting, Inc., for the construction of a bridge on Island Drive at a contract price of $86,200 and that $27,000 be trans- ferred from the General Fund Contingency Account to apply to this pro- ject, seconded by Mr. Young. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been ceived from the Area Planning Board dated April 25th requesting A-95 Clearinghouse review and comment relative to Palm Beach County Office of Criminal Justice Planning, South Palm Beach County Mobile Home Crime Prevention Trailer. This grant will cover acquisition and operation of a trailer for law enforcement education of the public which will be shared among the Cities of Delray Beach, Boca Raton and Boynton Beach° Council, at the April 14th meeting, authorized execution of an interlocal agreement between the three Cities re acquisition and operation of the trailer. The City Manager's letter dated May 5th states that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs° Council may either concur with the.City Manager's letter or state its disapproval. Mr. Bird moved to concur with the City Manager's letter, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Young stated that this was brought up at the Palm Beach County Municipal League meeting and unfortunately they had only listed the fact that Boca Raton was going to handle all of this expense. He made an announcement to the effect that Boynton Beach and Delray Beach were also involved in this and he thinks the matter is clear now. The City Manager replied that the Federal Government' requires that on the A-95 review the applicant be limited to one jurisdiction. So, for that technical reason, Boca Raton is listed as the applicant, but three Cities are sharing in it equally as far as expense is concerned and as far as control of the mobile unit is concerned. At this point the roll was called to the motion. 7.b. The City Manager reported that a communication has been re- Ceived from the Area Planning Board dated April 28th requesting A-95 Clearinghouse review and comment relative to South County Mental Health Center, Inc., Adolescent Pregnancy Prevention & Services Project. This facility will educate adolescents concerning prevention of adolescent pregnancy, provide day care to adolescent parents and offer parenting education to adolescent parents. The City Manager's letter dated May 2nd states that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mrs. Durante moved to approve the City Manager's letter regarding the A-95 review, seconded by Mr. Bird. Said motion passed unanimously. - 4 - 5/13/80 7.c. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated April 25th requesting A-95 Clearinghouse review and comment relative to U.S. Department of Housing and Urban Development, Delray Beach Heights Extension. The Planning & Zoning Board, at a meeting held on April 22nd, approved the sketch plan for a proposed replat of a part of Delray Beach Heights Extension, sub- ject to the City Engineer's memorandum of April 16th. The City Manager's letter dated May 2nd states that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mrs. Durante moved to concur with the City Manager's letter regarding this A-95 review, seconded by Mr. Bird. Said motion passed unanimously. 7.d. The City Manager reported that a communication has been re- ceived from the Area Planning Board dated April 28th requesting A-95 Clearinghouse review and comment relative to Florida Department of Com- munity Affairs State Grant Application for "701" Comprehensive Planning Assistance for FY 80-81. The Department of Community Affairs provides technical assistance and services to local government with these funds. Council, at the March 24th meeting, approved sending the standard letter to the APB. This application requests the same assistance; however, this shows the final figures. The City Manager's letter to APB dated May 2nd states that the program will have no adverse effects on ~he local natural, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Mrs. Durante moved that Council concur with the City Manager's letter, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that it is recommended that the sanitary sewers and water utilities installed in Banyan Tree Village be accepted as operational by adoption of Resolution No. 41-80. Council, at the April 28th meeting, skipped Resolution No. 41-80. The resolution has been corrected as the developer's name was misspelled and additional legal description was requested and included in the resolution. The City Manager presented Resolution No. 41-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN BANYAN TREE VILLAGE, AS RE- CORDED IN PLAT BOOK 36, PAGE 5 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: FROM EXISTING MANHOLE (IN FRONT OF HARBOUR- SIDE DEVELOPMENT) RUNNING SOUTH ON THE EAST SIDE OF US-I TO ADJACENT CORNER OF LOT 7 MODEL LAND COMPANY SUBDIVI- SION, THENCE ALONG SAID SUBDIVISION TO THE NORTHWEST CORNER OF BANYAN TREE VILLAGE; THENCE S-89°54'30"-W A DISTANCE OF 70'±; THENCE S-45°-E 116.12'±; THENCE SOUTH A DISTANCE OF 229.12'±; THENCE EAST APPROXIMATELY 160'± DIS- TANCE TO END OF LINE. ALSO, FROM THE NORTHWEST CORNER OF BANYAN TREE VILLAGE S-0°16'00"-W A DISTANCE OF 150'± TO END OF LINE, AS OPERATIONAL AND SETTING THE INITIAL SCHE- DULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RE~OLUTION CHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 41-80 is on file in the official Resolution Book) The City Manager advised that there is a minor typographical error in the third line from the bottom; it should read "escrow account". - 5 - 5/13/80 Mr. Bird moved for the adoption of Resolution No. 41-80 with the amendment, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Resolution No. 42-80 request- ing permission from the Palm Beach County Board of Commissioners to re- zone land to be annexed from CG (General Commercial)(County) to MI (Medium Industrial)(City), located on the south side of Atlantic Avenue, between Congress Avenue and the Seaboard Airlines Railroad is before Council for consideration. Council, at the meeting on April 28th, directed the City Attorney to prepare the resolution. The City Manager presented Resolution No. 42-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL COMMERCIAL) TO THE CITY'S ZONING CLASSIFICATION MI (MEDIUM INDUSTRIAL) DISTRICT. (Copy of Resolution No. 42-80 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 42-80, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that Resolution No. 43-80 request- ing permission from the Palm Beach County Board of Commissioners to re- zone land to be annexed from CG (General commercial)(County) to RM-15 (Multiple Family Dwelling)(City), located on the east side of Federal Highway, between Linton Boulevard and S.E. 10th Street is before Council for consideration. Council directed the City Attorney to prepare the resolution at the April 28th meeting. The City Manager presented Resolution No. 43-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL COMMERCIAL) TO THE CITY'S ZONING CLASSIFICATION RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 43-80 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 43-80, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.d. The City Manager reported that Resolution No. 44-80 is be- fore Council for consideration. This re~o]u~ion authorizes the exchange of real pro~grt~ ~a~ ~ ~h~ ~i~y with~Quality Broadcasting Corporation. ~B~). -Prior to adoption of Resolution No. 44-8O, Council is to ~old a pub.~ic Aearing on the e~cha~ge. Council,. at tSe regular meeting ~n January 28th, authorize~ the Administration to take the necessary steps to effect the land exchange. -'6 - 5/13/80 The City Manager presented Resolution No. 44-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OF DELRAY BEACH THE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 44-80 is on file in the official Resolution Book) The City Attorney noted that in the third Whereas clause, second line from the bottom, it should read "costs" instead of "cost". 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. Young moved for adoption of Resolution No. 44-80 and to authorize the execution of an agreement to effectuate that exchange, the closing date for which is scheduled June 2, 1980, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 21-80 amending Chapter 12 "Garbage and Trash" of the Code of Ordinances granting per- mission for Country Manors, Sections 1 through 8 to contract with a pri- vate contractor for the providing of garbage and trash collection is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the April 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 21-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES, BY AMENDING SECTION 12-3 BY PROVIDING THAT IN SECTIONS 1 THROUGH 8, INCLUSIVE OF COUNTRY MANORS CONDOMINIUM, THE CONDOMINIUM ASSOCIATION SHALL PROVIDE FOR GARBAGE AND TRASH COLLECTION BY CON- TRACTING WITH THE PERSON, FIRM OR CORPORATION OF THEIR CHOICE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 21-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A pub- lic 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 the adoption of Ordinance No. 21-80 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.f. The City Manager reported that Ordinance No. 23-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Water and Sewers" of the Code of Ordi- nances relative to rates. This ordinance was passed on First Reading at the April 28th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 7 - 5/13/80 The City Manager presented Ordinance No. 23-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-18 "RATES" TO CORRECT HEADING ERRORS AND TO ESTABLISH EFFECTIVE DATE OF SAID RATES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 23-80 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A pub- lic 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 the adoption of Ordinance No. 23-80 on Second and FINAL Reading, seconded by Mr. 'Young. Upon roll tall Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8~. The City Manager reported that Ordinance No. 24-80 relative to newspaper vending machines is before Council for consideration on First Reading. This was discussed at the May 6th workshop meeting. The City Manager presented Ordinance No. 24-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23, "STREETS AND SIDE- WALKS", BY ENACTING A NEW ARTICLE III, "NEWSRACK REGULA- TIONS'', PROVIDING DEFINITIONS; PROVIDING STANDARDS FOR MAINTENANCE AND INSTALLATION OF NEWSRACKS ON PUBLIC RIGHTS- OF-WAY; REGULATING THE LOCATION AND PLACEMENT OF NEWSRACKS; PROVIDING FOR ABANDONMENT; REGULATING NEWSRACKS LOCATED ON PRIVATE PROPERTY; PROVIDING FOR ENFORCEMENT OF NEWSRACK REGULATIONS; PROVIDING FOR APPEALS; PROVIDING A SAVING CLAUSE; PROVIDING FOR MAILING OF COPIES OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved to table Ordinance No. 24-80 because it fails to do the things which they were trying to accomplish, seconded by Mr. Young. Mr. Bird stated further that he thinks that it is well within the police powers of the City to control traffic in and around the only two news-stands which seem to have caused a problem in the City. They are unable to regulate the aesthetics of them au~ording to the way this particular ordinance is written. They end up with a lot of verbage and they don't accomplish anything. Mrs. Durante asked how this ordinance originated. The City Manager replied that this has been a talking point for several years. From time to time, different members of Council have voiced a desire to have an ordinance regulating newsracks. Mrs. Matthews of the Beach Property Owners Association has spoken about it on a number of occasions. The City Attorney stated that his office was asked to in- vestigate what type of ordinance could be enacted to regulate newsracks. They obtained model ordinances from several different areas and put together an ordinance and discussed it with Council. Mr. Bird amended his motion to table this item for 30 days, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 8 - 5/13/80 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the conditional use to allow a board and care home for South County Mental Health Center (Crisis Shelter), located on the east side of N.E. 5th Avenue, between N.E. 2nd Street and N.E. 3rd Street, 265 N.E. 5th Avenue be approved, subject to the following: 1) Director of Public Utilities memorandum of March 14th. 2) Availability of water. 3) A time limitation of one year be. set for development of the project. Council, at the April 28th meeting, referred this item to workshop. This was discussed at the workshop meeting on May 6th. Mr. Bird moved to sustain the recommendation of the Planning and Zoning Board subject to the conditions listed in the preface under item 9.a., seconded by Mr. Young. Said motion passed unanimously. 10. Mr. Young reported that at the last meeting of the Fair Tax Council, a resolution was passed by the City of Boca Raton, a copy of which has been given to him. He spoke at the executive meeting that was held recently and it was unanimously decided by the executive board there that this would be presented to the Commissioners. He requested that Council consider adoption of a similar resolution. It was the consensus of Council to have copies of the reso- lution distributed to Council and to discuss it at the next workshop meeting. Mayor Weekes declared the meeting adjourned at 7:55 P.M. ATTEST: / City Clerk 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 13, 1980, which minutes were for- mally approved and adopted by the City Council on~. ~., 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. - 9 - 5/13/80 7S