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05-14-79 MAY 14, 1979 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., Monday, May 14, 1979, 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, and James H. Scheifley, present. Mr. Young was on vacation. 1. The opening prayer was delivered by Reverend Andrew Hall, First Baptist Church. 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 23, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mayor Weekes stated that he has been asked to read into the record a letter in relation to the emergency medical personnel who reponded to a call from Mrs. Behr and her husband. (Copy of the letter is attached). Mr. Behr was stricken at the Arcade Tap Room and the City's emergency medical personnel responded in four minutes time and Mrs. Behr feels that if it hadn't been for their prompt response and their care for Mr. Behr, he would not be with us today. 4.a.2. Mayor Wee~es stated that he has had a number of calls and letters commending the City personnel who responded to the recent torrential rains and the evacuation of many residents from the low- lying areas and he extended his personal thanks to those employees. 4.a.3. Mayor Weekes requested that Item 9.c. be moved forward on the agenda to appear after Item 5 and before Item 6 because of the large number of people here from Lakeview and surrounding areas. Mr. Bird moved that Item 9.c. be moved to that position on the agenda, seconded by Mrs. Durante. Said motion passed unani- mously. 5.a. Mortimer W. Rowe, 3001 Lowson Boulevard, stated that he is here representing the taxpayers. He asked that Mayor Weekes read into the record a letter which he has brought regarding item 9.c. (Copy of the letter is attached). 5.b. Sam Portnay, 1350 High Point Way, stated that he is representing all the residents living in High Point, Section 6. They were flooded last Sunday and again today. There are rivers in the back of some of their homes and the people that own cars are in fear of further rain. He apologized for what was said in the Sun Sentinel a week ago; he never said those words in front of the Council. He showed Council a copy of what he said in the Miami Herald. He knows that the City is having a meeting tomorrow concerning this, but High Point Way and High Point Place are flooded on the south by a develop- ~ent just south of them, which is three feet higher than they are; there is no drainage there and the water keeps seeping into their place. They request that High Point Way and High Point Place be given additional sewers so that the water can be released. They are all scared and they are hoping that the City can come up with a proper solution to their problem as soon as possible. They were promised around May 1st that they were going to get a traffic light on Barwick Road and Atlantic Avenue and it's now mid-May and they still have no light. Mayor Weekes asked the City Manager to check into the situation with the light. He agrees with Mr. Portnay that it would serve no purpose for the people of High Point to hire their own engi- neer. The City Engineer will be at the meeting tomorrow, as well as the Lake Worth Drainage District's engineer, Mr. Tate's engineer and the engineer for the South Florida Management District, which is really the parent organization for water drainage and things of that ~ort. With four sets of engineers, surely, they can come up with an nswe r. 5.c. Fred Crisci, a resident of Section 6 in High Point, stated that the builders had a general meeting before their takeover and Mr. Tate, one of the builders, informed them that Section 6 was a very low area and an engineering problem which they had dealt with the best they could. At a Council meeting on May 7th, Mr. Stanley Tate informed those present that the type of soil, hardpan, in Sec- tion 6 was impervious to drainage. At that meeting, Mr. Tate also stated that large amounts of fill were removed and deposited in Section 7. If this area is low as confirmed by the builder, then why the removal of large amounts of fill? Barwick Road at one time had a slight canal; the builder in grading the back of the houses down there covered this trench and it alleviated the water from Barwick Road flooding over into their property. They cannot afford to take a runoff from a road. Everytime it rains the back of these houses are flooded due to poor grading. These basins were never designed to carry the water from Barwick Road; consequently, they are always under water at the slightest bit of rain. He hopes this criticism will be constructive at tomorrow's meeting. 5.~. Kathleen McMahon, Section 5 of High Point, stated that the men that went beyond the call of duty on April 25th and brought those people up to her backyard in those boats is something she never wants to see again. When Mr. Tate built these buildings, is there any reason why he should not have been made to bring them up one more block? Mayor Weekes stated that the City of Delray Beach does not control the drainage design, the permit for drainage or anything of that sort; it's done by the South Florida Water Management Dis- trict who is the overseeing organization. They issue all permits and have to approve all drainage plans. He doesn't know why they didn't do it. Mrs. McMahon stated that she thinks the City owes these people at High Point some kind of a consideration. 9.c. The City Manager reported that the Planning and Zoning Board at a meeting held on April 17th, recommended by unanimous vote that the conditional use approval request in the R-1AAA-B and R-1AA (Single~ Family Dwelling Districts) to allow an existing golf course with expanded club house and dining room facilities, located on the west side of Dover Road between Linton ~oulevard and Sherwood Boule- vard be approved, subject to the following: 1) Comments of the City Engineer as stated in his memo- randum of April 17th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 16, 1978. 3) Availability of water. 4) A time limitation of one (1) year be set for develop- ment of the project. This was discussed at the May 7th workshop meeting. The City Attorney stated that Mr. Rowe called him on Wednesday and indicated that some of the'people in the Sherwood Park, Lakeview and Imperial Villas areas had not been notified as part of the Planning and Zoning Board process. They went back and checked the notification with the Planning Department and the City Clerk's office and determined that Mr. Rowe was correct that there were many people not notified. That being the case, the petition is not in a form for City Council to act on tonight. They have to go back and start the process over again, which means that the people within 500 feet will be notified and the applicant is going to have to submit an additional application fee and a new list of property owners within 500 feet of the proposed conditional use. - 2 - 5/14/79 Mr. Bird moved that item 9.c. the conditional use approv- al for Lakeview Golf Course be remanded to the Planning and Zoning Board for additional input, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes declared a five minute recess at 7:30 P.M. The meeting reconvened at 7:35 P.M. In response to a question from Mrs. Durante about the meeting tomorrow between the engineers, Mayor Weekes stated that what he attempted to do was to pull together the people who really have the responsibility for the drainage in High Point and those people are the South Florida Water Management District, the Lake Worth Drainage District primarily, the City of Delray Beach and its City Engineer and the developer. He called Mr. Malloy, Executive Director of South Florida Water Management District on two occasions; he has sent his engineers down and his engineers were there on sight at the time of the second rain last week when we had three inches in one hour. They have determined what they deem to be the problem and what they deem to be the solution. With those people, he and Mr. Church jointly called the meeting tomorrow at 2:00 p.m. in the conference room between the engineers of the bodies he just named, the presi- dents of each association at High Point and one other person from the association in the event any of the presidents cannot attend. Michael Brody, High Point Section 3, gave a presentation on behalf of all the presidents of High Point Association naming Mayor Weekes "Honorary Admiral of the Delray Beach Navy" on behalf of all his efforts with their waterfront lots. 6.a.1. The City Manager reported that Council consented at a recent workshop meeting to follow the recommendation of the Planning and Zoning Board and accept Mr. Serafin Leal's April 13th response to the State and his March 23rd response to the County with respect to the City's Comprehensive Plan. June 12th and June 26th were agreed upon as special meeting dates for modification and final approval of the Comprehensive Plan. Mrs. Durante moved to authorize the forwarding of these submittals, seconded by Mr. Bird. Said motion passed unanimously. 6.a.2. The City Manager stated that he thinks that the City has a very fine group of City employees and that has been mentioned a number of times to him. He would like to make everyone aware of an instance with regard to the Building Inspection Department and three of the officials in that department with respect to a nationwide organization, the American Society of Building and Construction Inspectors. At their recent annual meeting, three of the personnel from the Building Inspection Department were honored, one of them twice. Raymond Ricker was elected as Vice-Chairman for the State of Florida, Mel Pendergrass was elected State Chairman for the State of Florida and Roy Reid was elected third Vice-President of the National Association and Mr. Reid was also elected to the post of Community Relations Counsel. There are only four specific special posts desig- nated by this national organization; one of them in Community Rela- tions and Mr. Reid was selected to head that spot. He thinks that speaks very well for Delray's relatively small Building Inspection Department when you consider the fact that this is a national organi- zation and he wants people to have a better idea of the caliber of people that are working for the City of Delray Beach. 6.b. The City Manager reported that it is recommended that Council set the second regular meeting of Council to be held during the month of May for 7 p.m., May 29th, as the fourth Monday will be observed by the City as a holiday (Memorial Day). Mr. Bird moved that the Council meeting be held on May 29th at 7 p.m., seconded by Mrs. Durante. Said motion passed unani- mously. 6.c. The City Manager reported that it is recommended that Council authorize advertising for sale a 1978 Ford LTD II which was totaled out as a result of an accident involving a high speed chase. - 3 - 5/14/79 Mr. Scheifley moved for such authorization, seconded by Mr. Bird. Said motion passed unanimously. 6.d. The City Manager reported that as discussed at the May 7th workshop meeting, Council is to give consideration to a Fourth of July fireworks display costing approximately $3,400. Mr. Warren Grimes furnished the fireworks display for many years prior to his death a few years ago. The cost to the City was $3,000 last year. The cost for 1979 would be approximately $3,400. Council, at its May 7th workshop meeting, requested the City Manager to determine whether Boynton Beach would be agreeable to sharing the fireworks cost for 1979. Boynton Beach has already made arrangements and is therefore not interested. In lieu of the City'spending $3,400 for fireworks this year, it is the City Manager's recommendation that $500 be allocated for miscellaneous expenses for arrangements by the Parks and Recreation Department for the July Fourth celebration. Mr. Bird moved that $500 to come from the General Fund Contingency Account be allocated to miscellaneous daytime activities during the Fourth of July in lieu of the fireworks, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call Mayor Weekes stated that he hates to see the City give up its fireworks display after so many years. For a great many years Mr. Warren Grimes donated the fireworks for the City and since his passing the City has taken it over but it seems to him that there are other things that the money could be used for that are more important and more valuable to the City than fireworks so he will vote for the motion reluctantly. At this point the roll was called to the motion. 6.e. The City Manager reported that as decided informally at the May 7th workshop meeting, Council is to consider waiving sidewalk requirements in Pines of Delray North. Mr. Bird moved that Council waive the requirement for sidewalks in Pines of Delray North, seconded by Mrs. Durante. Said motion passed unanimously. At the request of the City Manager, item 6.f. was moved back on the agenda to follow item 8.i. 6.3. The City Manager reported that Council decided informally at the May 7th workshop meeting to select design No. 3 by Don Goodrum for the City flag. Mr. Bird moved that Council approve design No. 3 by Don Goodrum as the City flag, seconded by Mr. Scheifley. Said motion passed unanimously. 6.h. The City Manager reported that Council should consider retaining Bond Counsel relative to the upcoming $4 million Water and Sewer Revenue bond issue. The City Attorney stated that he distributed a memorandum to City Council this morning in regard to this subject and he re- quested that a motion be made approving the authorization of Bond Counsel in accordance with the letter with the fee as indicated plus cost. (Copy attached). Mrs. Durante moved that Council approve the authorization of Bond Counsel as outlined by the City Attorney, seconded by Mr. Bird. Said motion passed unanimously. 6.i. The City Manager reported that as discussed at the May 7th workshop meeting, it is recommended that the Summer Day Camp registration fee be increased from $5 to $15 per registrant. Mr. Bird moved for approval of the increase from $5 to $15, seconded by Mr. Scheifley. Said motion passed unanimously. - 4 - 5/14/79 6.j. The City Manager reported that it is recommended that Council authorize removal of the security section steel on the second floor of the Police Station in the east and west wings of the build- ing with the understanding that the remover of the steel will be given the steel in return for the removal. Abolition of the Munici- pal Courts makes it unnecessary that the City continue the security sections at the Police Station. This space is needed for Police Department expansion. Mr. Bird moved for approval of the removal and donation of the steel, seconded by Mrs. Durante. Said motion passed unani- mously. 6.k. The City Manager reported that Council should consider setting a Council public hearing date relative to the Special Master's report concerning negotiations between the Professional Firefighters of Delray Beach, Local 1842 and the City of Delray Beach. He recommended holding the meeting on May 23rd at 4:00 p.m. Mr. Bird moved that Council conduct a public hearing relative to the Special Master's report concerning the Professional Firefighters of Delray Beach, Local 1842, for 4:00 p.m. on May 23, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 7.a. Mayor Weekes acknowledged the minutes of the Beautifica- tion Committee for its meeting of April 4, 1979. 7.b. The City Manager reported that the City is in receipt of an application from Palers~ Development Corporation for City water service to serve Section 20-46-43, south of S.W. llth Street between S.W. 4th Avenue and S.W. 6th Avenue, located outside the City. The applicant having executed the City's standard agreement for the pro- viding of water service outside the City conditioned upon the appli- cant's property being annexed into the City when such is eligible for annexation, approval of the applicant's request for water service is recommended. The request for City water service is to serve five acres to be known as Fall Ridge of Delray. The development will consist of duplexes. This was referred by Council to the Planning & Zoning Board at the March 26th meeting. This was discussed at the workshop meeting on May 7th. Mr. Scheifley moved that Council approve the standard water service annexation agreement with regard to this project, se- conded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 27-79 authorizing participation in the cost of a sewer line installation on S.W. 4th Avenue between S.W. 10th Street and Sterling Avenue in cooperation with Palers Development Corporation is before Council for consideration. Cost of the installation is estimated at $13,548.00. The City's share is estimated to be $3,802.94, with funding to come from funds budgeted for this purpose. This was tabled at the March 26th meeting. This item was discussed at the May 7th workshop meet- ing. The City Manager presented Resolution No. 27-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PARTICIPATION IN THE COST OF A SEWER LINE INSTALLATION ON S.W. FOURTH AVENUE BE- TWEEN S.W. TENTH STREET AND STERLING AVENUE IN CONJUNC- TION WITH THE PALERS DEVELOPMENT CORPORATION. (Copy of Resolution No. 27-79 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 27-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes -Yes. Said motion passed with a 4 to 0 vote. - 5 - 5/14/79 8.b. The City Manager reported that Resolution No. 35-79 cOm- mending the Chairman and Vice-Chairman of the Delray Affair Committee is before Council for consideration. Council, at the April 23rd meeting, directed the City Attorney to prepare the resolution. The City Manager presented Resolution No. 35-79: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE CHAIRMAN AND VICE-CHAIRMAN OF THE DELRAY AFFAIR COMMITTEE FOR THEIR EFFORTS IN ORGANIZING AND CONDUCTING THE 1979 DELRAY AFFAIR, AND COMMENDING THE GREATER DELRAY BEACH CHAMBER OF COMMERCE, THE ADMINISTRATION AND EMPLOYEES OF THE CITY OF DELRAY BEACH, AND THE VARIOUS EXHIBITORS AND PARTICIPANTS FOR THEIR ASSISTANCE IN CONDUCTING THE DELRAY AFFAIR. (Copy of Resolution No. 35-79 is on file in the official Resolution Book) Mr. Bird moved for approval of Resolution No. 35-79, se- conded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.c. The City Manager reported that the following quotations have been received for installation of an irrigation system at the Delray Beach Country Club: John Manville Co. Toro Designed Buckner Designed Bidder System System Moore Golf, Inc. $189,300.00 $175,400.00 Tampa Aqua Turf 193,733.00 196,681.73 Jacksonville The Toro system is designed with 557 sprinkler heads and the Buckner system is designed with 477 sprinkler heads. The Toro system is considered to require less maintenance than the Buckner system and is reportedly used by most of the major courses in the area. It is understood that the Hamlet 'is in the process of converting from Buckner to Toro. It is recommended that a contract be awarded to Moore Golf, Inc. in the amount of $189,300.00 for installation of the Toro designed system by passage of Resolution No. 36-79, with funds to come from the 1978 Utility Tax Revenue bond issue. The City Manager presented Resolution No. 36-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE INSTALLATION OF AN IRRIGATION SYSTEM AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 36-79 is on file in the official Resolution Book) Mayor Weekes stated that he received a note from Mr. Young today and Mr. Young has investigated this and talked to several people and he recommends that Council take the bid which has been recommended by the City Administration. Mr. Scheifley moved for the passage of Resolution No. 36-79 with funds to come from the 1978 Utility Tax Revenue bond issue, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 6 - 5/14/79 Before roll call the following discussion was had: George Lawson, an irrigation sales representative with the DeBra Equipment Co. in Hollywood, Florida, stated that the City has favored them already with a resolution to accept golf carts from their com- pany. Their company utilizes John Manville Buckner Irrigation equip- ment. Their bid for a Buckner systym submitted through Moore Golf, Inc. is for $13,400 less than the same company's bid for a Toro system. The two systems are two completely different designs; the design as done by their company utilizes fewer heads at a higher performance. The Toro design utilizes about 507 heads and the Buckner design utilizes 437 heads. Because the heads are of a higher performance the coverage is equal. The initial price of the equip- ment is lower and there will be fewer heads to maintain as well. Mr. Scheifley asked Tomas Fonseca, Golf Pro for the Delray Beach Country Club, to give him an idea of when they expect the people to start the work if this resolution is passed and the length of time and the date in which he expects it to be completed. Mr. Fonseca stated that in talking to the companies that supply the material, the quotations are made by taking the designs submitted with the material calculated into the design and the in- stallers actually bid the design itself with the material included. The Moore Golf Co. in the contract will agree to do it in 120 days based on a performance bond; that, of course, depends on delivery of material. The delivery of the material which would be the sprinkler heads, pipes, fittings, etc., would be done within the next 10 to 30 days, most of it within 10 days. They would guarantee to do it in 120 days on a performance bond. At this point the roll was called to the motion. 8.d. The City Manager reported that the following quotations have been received for selling the City 70 golf carts for the Delray Beach Country Club: Bidder Make Quotation Pifer, Inc. Harley Davidson (3 wheel) $116,900 Jupiter DeBra Equipment Co. Club Car (4 wheel) 118,650 Hollywood Polaris E-Z-Go -E-Z-Go (3 wheel) 122,430 Pompano Ross Products, Inc. Melex (3 wheel) 112,700 Boca Raton It is recommended that a purchase award be made to DeBra Equipment Company in the amount of $118,650 by passage of Resolution No. 37-79, with funds to come from the 1978 Utility Tax Revenue bond issue. The Club Car cart is considered to be the best buy for the City, taking service, comfort, safety and maintenance expense into consideration. The Ci~ty Manager presented Resolution No. 37-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF SEVENTY (70) ELECTRIC GOLF CARTS FOR THE DELRAY BEACH COU~TRY CLUB. (Copy of Resolution No. 37-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 37-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 7 - 5/14/79 Before roll call Mr. Scheifley asked Mr. Fonseca if he can arrange to have brackets for rakes on each cart installed before delivery if this resolution is passed. Mr. Fonseca stated that on the specifications for these carts one of the accessories was a towbar and the other ones were the rake brackets and the canopies for each cart. Mr. Scheifley asked if it is possible to arrange for horizontal ball carriers rather than the vertical ball carriers that they now have. Mr. Fonseca stated that he hasn't had a chance to talk to them about it but he thinks that it could be changed. Mr. Scheifley asked when they anticipate delivery of these carts. Mr. Fonseca stated that currently they are on a lease with E-Z-Go. They can get delivery of 30 carts within the next ten days and the other 40 in the 30 subsequent days. The price quoted on the carts includes batteries and chargers. At this point the roll was called to the motion. - 8.e. The City Manager reported that the following quotations have been received for replanting of the greens at the Delray Beach Country C16b: Bidder Quotation Southern Turf Nurseries $ .18 per sq ft Tampa Pursley Turf Farms .18 per sq ft Bradenton Patton'Seed Company .18 per sq ft Lakeland, GA All three companies quoted the same price for Tifdwarf, which is the finest bermuda grass used on southern Florida greens. Since Southern Turf Nurseries developed Tifdwarf, it is recommended that the con- tract be awarded to them by passage of Resolution No. 38-79, with funds to come from the 1978 Utility TaX Revenue bond issue. The total greens area is estimated to be 154,000 square feet and the total estimated cost is $27,720. The City Manager presented Resolution No. 38-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE RENOVATION OF THE GREENS AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 38-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 38-79, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; - Mayor Weekes - Yes. Said motion passed by a 4 to 0 vote. 8.f. The City Manager reported that Ordinance No. 24-79 rela- tive to rezoning and placing land zoned PRD-10 (Planned Residential) District in RM-15 (Multiple Family Dwelling) District, west side of Dover Road between Linton Boulevard and Sherwood Boulevard, is before Council for consideration on Second and FINAL Reading. This ordi- nance was passed on First Reading at the April 23rd meeting. 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. 24-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-10 (PLANNED RESIDENTIAL) DISTRICT IN RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED WEST OF DOVER ROAD AND NORTH OF LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". - 8 - 5/14/79 (Copy of Ordinance No. 24-79 is on file in the official Ordinance Book) The City Manager 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. Ron Sanson, 415 Bluebird Drive, asked for the name of the person who is developing this property and what the reason is for increasing the density. Mr. Carey, Planning and Zoning Board, stated that Lake- view Greens Development is a residential property already developed and the difficulty was that the recreation area associated with this development was in the next parcel of land. The public hearing was closed. Mr. Bird moved for passage of Ordinance No. 24-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.g. The City Manager reported that Ordinance No. 25-79 rela- tive to rezoning and placing land zoned GC (General Commercial) Dis- trict in R-IA (Single Family Dwelling) District, 24 N.W. 13th Avenue is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the April 23rd meeting. 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. 25-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN R-IA (SINGLE FAMILY DWELLING) DISTRICT, LOT 13, BLOCK 1, ODMAN'S SUBDIVISION, LOCATED AT 24 N.W. 13TH AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 25-79 is on file in the official Ordinance Book) The City Manager 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. Mrs. Durante moved for the passage of Ordinance No. 25-79 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.h. The City Manager reported that Ordinance No. 27-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Ordinance No. 61-78 relative to the 1978-79 budget by adding a new Article VII to make appropriations of sums of money for all necessary expenditures for the Delray Beach Country Club from December 1, 1978 through September 30, 1979. The amount of the budget both in estimated expenditures and estimated revenue for this fiscal year is in the amount of $321,000. This ordinance was passed on First Reading at the April 23rd meeting. 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. - 9- 5/14/79 ASS The City Manager presented Ordinance No. 27-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NUMBER 61-78 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE FISCAL YEAR 1978-1979, BY ADDING NEW ARTICLE VII TO MAKE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EX- PENDITURES FOR THE DELRAY BEACH COUNTRY CLUB FOR THE PERIOD FROM THE FIRST DAY OF DECEMBER, 1978, THROUGH THE THIRTIETH DAY OF SEPTEMBER, 1979; TO RENUMBER THE ARTI- CLES OF ORDINANCE NO. 61-78 TO BE CONSISTENT HEREWITH; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HERE- WITH. (Copy of Ordinance No. 27-78 is on file in the official Ordinance Book) The City Manager 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. Scheifley moved for the passage of Ordinance No. 27-79 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.i. The City Manager reported that Ordinance No. 28-79 amend- ~ng Section 19-33(5)(d) "Pensions" of the Code of Ordinances relative to the Police and Firefighters Retirement System is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the April 23rd meeting. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been schedulec to be held at this time. The City Manager presented Ordinance No. 28-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, ARTICLE IV "PENSION PLAN FOR~POLICEMEN & FIREMEN".SECTION 19-33(5)(d) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT ANY INCREASE IN THE PRIMARY NONFAMILY SOCIAL SECURITY BENEFIT ATTRIBUTABLE TO THE COST OF LIVING PROVISIONS OF FEDERAL SOCIAL SECURITY LAW SHALL NOT BE USED TO REDUCE OR OFFSET THE MONTHLY AMOUNT TO WHICH THE DISABLED MEMBER IS ENTITLED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 28-79 is on file in the official Ordinance Book) The City Manager 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 the passage of Ordinance No. 28-79 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6. f. The City Manager reported that it is recommended that Council authorize the transfer of $5,000 from the Delray Beach Country Club contingency account to provide for the purchase of food, beverages and supplies to operate the restaurant/bar during the period that the kitchen is closed for renovation. - 10 - 5/14/79 Mr. Scheifley moved for such authorization, seconded by Mr. Bird. Said motion passed unanimously. 8.j. The City Manager reported that Ordinance No. 10-79 rela- tive to rezoning and placing land zoned RM-15 (Multiple Family Dwell- ing) District in ~4-10 (Multiple Family Dwelling) District, north side of Avenue "J" between Florida Boulevard and Spanish Trail, is before Council for consideration on First Reading. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on May 29th. The City Manager presented Ordinance No. 10-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, LOTS, 400, 401, 402, 411, 412 AND 413, TROPIC ISLE SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 25, PAGE 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF AVENUE J BETWEEN FLORIDA BOULEVARD AND SPANISH TRAIL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of .the ordinance. Mrs. Durante moved for the passage of Ordinance No. 10-79 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor %;eekes - Yes.. Said motion passed with a 4 to 0 vote. 8.k. The City Manager reported that Ordinance No. 29-79 amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to con- gregate living facilities is before Council for consideration on First Reading. The Planning & Zoning Board at a meeting held on December 19th, recommended by unanimous vote that the zoning ordi- nance be amended. The City Manager presented Ordinance No. 29-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 29-7(C), 29-8(C), 29-11(C), 29-12(C), 29-13(C) AND 29-13.1(C) TO ALLOW ADULT CONGREGATE LIVING FACILITIES AS CONDITIONAL USES; AMENDING SECTION 29-17, "SUPPLEMENTARY REGULATIONS", BY ADDING SUBSECTION (T) PROVIDING FOR ADULT CONGREGATE LIVING FACILITIES, PROVIDING FOR LOCATIONS, PROVIDING FOR LOT AREA, PROVIDING FOR FRONTAGE, PROVIDING FOR CAPACITY, PROVIDING FOR ROOM FACILITIES, PROVIDING FOR MINIMUM LEISURE FLOOR AREA, PROVIDING FOR PARKING, PROVIDING FOR COMPLIANCE WITH STATUTES AND RULES; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 29-79 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes stated that he noticed in the definition of adult congregate living facilities, they set an age limit of 55 years of age or older and he asked the City Attorney if that is legal and whether or not it is discriminatory. The City Attorney stated that the original proposal from the Planning and Zoning Board had an age of 62 and they have re- searched the question of age restrictions and the only age for which they could find support was the age of 55; there is sufficient legal support for that age. - 11 - 5/14/79 8.1. The City Manager reported that Ordinance No. 30-79, amending Chapter 3 "Signs and Billboards" of the Code of Ordinances to clarify and update said ordinance is before Council for consider- ation on First Reading. The City Manager presented Ordinance No. 30-79: AN ORDINANCE'OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES BY REPEALING SECTION 3-2 AND ENACTING A NEW SECTION 3-2; REPEALING SECTION 3-3(a)(4) AND RENUMBERING (a)(5) TO (a)(4); REPEALING SECTION 3-3(b) AND ENACTING A NEW SECTION 3-3(b); AMENDING SEC- TION 3-5(7); REPEALING SECTION 3-12 AND ENACTING A NEW SECTION 3-12; AMENDING SECTION 3-13(1); AMENDING SECTIONS 3-14(A)(2), 3-14(C) AND 3-14(D)(1); REPEALING SECTIONS 3-14(E) AND 3-14(F) AND ENACTING NEW SECTION 3-14(E), 3-14(F) AND 3-14(G); AMENDING SECTIONS 3-15(A) AND 3-15(D)(1)(a); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney requested that this ordinance be skipped over tonight. (At this time the Assistant City Attorney took over for the discussion of this item). Mr. Ken Ellingsworth stated that this ordinance needs revisions on pages 9 and 10. The Assistant City Attorney stated that Council can go ahead and pass the. ordinance on First Reading with the understanding that those additions will be made on the final passage of the ordi- nance. Mr. Bird requested that on page 3 of the ordinance, Sec- tion 3, No. (8), "Canopy sign, under" be clarified before this ordi- nance comes up for Second and FINAL Reading. Mayor Weekes and Mrs. Durante both stated that they feel this wording is already clear. Mr. Bird also suggested that on page 5, No. (33) "Politi- cal sign" be clarified. He feels that it is not enforceable. He also feels the same way about No. (48) "Snipe sign" on page 6, and No. (7) on page 8. He would also like to see a provision within this ordinance to permit temporary signs to be approved in an expeditious manner, perhaps by an inspector, not trying to usurp the authority of nor reduce the effectiveness of the Community Appearance Board. Mr. Bird stated that he is not satisfied with this ordi- nance as it appears .and he suggested bringing it back to a workshop meeting. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 30-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. 8.m. The City Manager reported that Ordinance No. 31-79 amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to GC (General Commercial) District (Special Geographical Area) is before Council for consideration on First Reading. This was discussed at the May 7th workshop meeting. The City Manager presented Ordinance No. 31-79: - 12 - 5/14/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-11(N) GC (GENERAL COMMERCIAL) DIS- TRICT TO ADD A NEW SUBSECTION (4) RELATIVE TO ESTABLISH- ING A SPECIAL GEOGRAPHICAL AREA IN WHICH CERTAIN ADDI- TIONAL USES ARE ALLOWED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 31-79 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.n. The City Manager reported that Ordinance No. 32-79, amending Chapter 13 "Electricity" of the Code of Ordinances relative to deregulation of Leadership Cablevision Associates rates and charges is before Council for consideration on First Reading. This was discussed at the workshop meeting on May 7th. The City Manager presented Ordinance No. 32-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, "ELECTRICITY", DIVI- SION 2 "DELRAY BEACH CATV LEADERSHIP FRANCHISE", BY REPEALING SECTION 13-54 "RATES AND CHARGES TO SUB- SCRIBERS" AND SUBSTITUTING NEW SECTION 13-54 "RATES AND CHARGES TO SUBSCRIBERS"; PROVIDING FOR THE SETTING OF RATES AND CHARGES FOR CABLE TELEVISION AND DISTRIBUTION BY THE GRANTEE, AND THAT SUCH RATES AND CHARGES SHALL BE REASONABLE, JUST AND FAIR, AND SHALL PROVIDE THE GRANTEE A REASONABLE RETURN ON ITS INVESTMENT; PROVIDING FOR THIRTY DAY NOTICE OF RATE AND/OR CHARGE INCREASES; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the passage of Ordinance No. 32-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.o. The City Manager reported that Ordinance No. 33-79, amending Chapter 7 "Beaches" of the Code of Ordinances relative to storage of boats on the municipal beach is before Council for con- sideration on First Reading. This was discussed at the May 7th workshop meeting. The City Manager presented Ordinance No. 33-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 7-1(16) OF THE CODE OF ORDINANCES AND RENUMBERING SECTIONS 7-1(17) AND 7-1(18), REPEALING SECTION 7-2 AND ENACTING A NEW SECTION 7-2 PROHIBITING THE STORAGE OF BOATS ON THE MUNICIPAL BEACH, EXCEPT NON-MOTORIZED BOATS NOT EXCEEDING 20 FEET IN LENGTH, DESIGNATING AN AREA IN WHICH STORAGE OF NON- MOTORIZED BOATS WILL BE PERMITTED UPON THE OBTAINING OF A PERMIT FROM THE CITY, REPEALING SECTION 7-3; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 13 - 5/14/79 Mr. Bird moved for the passage of Ordinance No. 33-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.p. The City Manager reported that Ordinance No. 34-79 rela- tive to annexing a 1.7-acre parcel of land located in Section 9-46-43, south of Lake Avenue between U.S. No. 1 and Old Dixie High- way, subject to GC (General Commercial) District is before Council for consideration on First Reading. This was recommended by a unani- mous vote of the Planning and Zoning Board. This property is pre- sently zoned in the County as CG (General Commercial). The property is used as a tourist court and present buildings will be razed. A new commercial and office building is proposed. Second and FINAL Reading and public hearing will be held at the meeting on June llth. This was discussed at the workshop meeting on May 7th. The City Manager presented Ordinance No. 34-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL THAT PART OF LOTS 6 AND 7 OF THE SUBDIVISION OF HARRY SEEMILLER, LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1), ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 72, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 34-79 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on April 17th, recommended by unanimous vote that the site and development plan approval request for The Point, located on the west side of the F.E.C. Railroad, between Lindell Boulevard and the C-15 Canal, be'approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of April 4th. 2) Comments of the Director of Public Works/Utilities as stated in his April 13th memorandum. 3) Availability of water. 4) A time limitation of 18 months be set for develop- ment of the project. This is a 52 dwelling unit proposed development and was discussed at the May 7th workshop meeting. Mrs. Durante moved that Council sustain the recommenda- tion of the Planning and Zoning Board, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed unanimously. 9.b. The City Manage~ reported that the Planning & Zoning Board at a meeting held on April 17th, recommended by unanimous vote that the site and development plan approval request for Lakeside, located west of Dover Road, between Linton Boulevard and Sherwood Boulevard, be approved, subject to the following: - 14 - 5/14/79 1) Comments of the City Engineer as stated in his memorandum of April 5th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of April 6th. 3) Availability of water. 4) A time limitation of 18 months be set for develop- ment of the project. This is an 84 dwelling unit proposed development and was discussed at the workshop meeting on May 7th. In response to a question from Council, Mr. Carey stated that in the developer's, Mr. Picard, application the sidewalks and bike paths are in the plan. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board relative to the Lakeside development, seconded by Mrs. Durante. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on April 24th, recommended by unanimous vote that the zoning ordinance be amended to allow life care retirement communities in the PRD-10 (Planned Residential) District. It is recommended that Council direct the City Attorney to draft the zoning ordinance amendment. Mr. Bird moved that Council sustain the recommendation of the Planning & Zoning Board and direct the City Attorney to draft the ordinance, seconded by Mr. Scheifley. Said motion passed unani- mously. 9'.e. The City Manager reported that Alan Ciklen, the attorney representing the applicant, contacted his office today and requested that this item be skipped over and that it come back to the June llth meeting. Mayor Weekes declared the meeting adjourned at 9:10 P.M. ATTEST: y Clerk M A ¥ O R Tho undor$±gned is the City Clerk of the C±ty of Dolray Beach and that the informat±on providod hore±n is tho minuto$ of tho meoting of sa±d City Council of May 14, 1979, which m'~nutos wero formally approved and adopted by the C'ity ¢ounc±l on~'JT~.~ ,,.~ /???. 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 rev.iewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 15 - 5/14/79 May 14,1979 Mr. Leon Weekes, Mayor City of Delray Beach City Hall 100 S.W. 1st Avenue Delray Beach, FL 33444 Mr Mayor and Honorable City Council Members: We wish to humbly and earnestly thank you for the posture you have assumed in'listening to our request as to the original Planning and Zoning Board Recommendation pertaining to the Conditional Use Approval for the Lake View Golf Club which was to have appeared on tonight's agenda. We~ wish to particularly thank City Attorney Mr. Roger Saverson and the members of the Planning and Zoning Board who have co- operated in the best interest of Delray Beach tax payers. Their task has to be the most arduous and misunderstood by the public. It is high time that they should receive the plaudits of the en- tire community for their unselfish efforts in behalf of our citizenry. Again we thank you. Mort W. Rowe 3001Lowson Blvd Delary Beach, FL 33445 t-~~mC~~~~C~- 100 N. W. 1ST AVE[~UE (305) 278 2841 OELRAY BEACH, FLORIDA 33444 May 14, 1979 City Council City of Delray Beach . ' Delray Beach, Florida 33444 Re: Retaining Bond Counsel - 1979 Water.and Sewer Revenue Bond Issue.- Agenda Item 6h Dear City Council: In regard tO the above referred to Water and Sewer Revenue Bond Issue, it is requested that a motion be adopted at tonight's meeting authorizing the retention of bond counsel as follows: 1. New York bond counsel - bludg~, Rose, Guthrie and Alexander - $12,500.00 Local.bond counsel - City Attorney - ~10,000.00 I called Stan Ross of Dean Witter Reynolds, Inc., the City's - 'Fiscal Agent on Friday, May 11, 1979, to get his recommendation, as has been done in the past, as to what would be a reasonable Attorney's fee for an issue of this size ($4,000,000) and type. He indicated that the above fees would in his opinion be reasonable. He thought that the somewhat higher fee of New York bond counsel over the fee charged with regard to the Utility Tax Bond Issue ($10,000) was justified because of the difference in the type of issues; this one requiring a considerably larger Official Statement and a greater volume of technical information, in terms of both engineering and financial data. As a matter of information, attached is a copy of a letter from Delray Beach's former City Attorney to City Council outlining the past history of the City with regard to local counsel'fees. The fee established above is in accordance with what is quoted in this letter i. e. 1/4 of 1 per cent, even though Stan has indicated that a somewhat higher fee would be justified in this instance in regard to both New York and local counsel. City Council May 14, 1979 - 2 - If you have any questions concerning the above requested author- ization, please call me at my office. Sincerely yours, Roger G. Saberson, City Attorney City of Delray Beach, Florida em CC: .J. Eldon Mariott,. City Manager ': 06 · O. ROBERT FELLOWS ATTO[~.NEY AT LAW 610 EAST ATI.AN-FIC AVENUE DELRAY BEACH. FLO!~,IDA 333t44. ^ts^ con~- ~ Octeber 9, 19S9 City Council Delray ~each, !~=~ entlemen: . P,e: Attorney fee--Vn~d~tion Pro,ceedings for $4, 000, 000.00 t~ Gene~ ~li~a~on Bonds ~sue In ~he past, the'city attorney ~d co~ have rea~ a mutu~ :~.]re~en: on the fee for h~d~n2 v~ida~on processes. ~ You have ent~r~ into a con~ract 'mith the fisc~ agent~ who w~ prep~e ~nd pay fora ~e P~o~ Form, ~o~ce of S~e ~d Of~J~ Stat~ent, bond s~e -~a~'ze~isi~ chases, bond prin~i~ cos~, ~ their o~n out-of-pocket ~en~. You a~-e contemplat~ a contact with a b~d~ mtto~ey wko v;i~ be '~}le ..,~de ~n seeing Uhat ~ nec~s~y leg~ steps ~e taken. The j~ of v~iflatin~ aRorne3-. ~ brie~ outline, includes the ~espons~ty io see that ~1~ necessa~ proc~ur~ step~ (b~s, c~Vasaing the eleetien, ads ~ votin:f req~dre~ents) ~-e t~en before ring suit; f~ng s~t ~d ~t$~ a jud~ent a~ing ~ne bonds. - /, , As a rnaiter of i~orma'~on, the atto~ey fee fo~ v~dat~ bonds 5nrou~a~t Palm Bea~ County r~ges from not~ng for a f,'!} tf~e city attorney to :'1 ':er cent· There ia no e..t~lxah~ fee ch~ge. Delvay'a four=er city attorney ':?:o3Z~d I/3 of 1 per ce~. Due to the size of the issue, I w~ unde~ake t~s v~idation suiz for 1/-i of 1 per cent ff the bond issue is $2,000,000.03 or over and 1Ia of I per ,.,.,,~ ..... if under $2,000,000.00. .~y fee w~ch w~l be a~r~ w~ be p~d f~om the p:to.:e~s from the s~e oi bonds ~ .wo~d nm have to co~e out of con~gency. It wo'~d be ~preciat~, if t~a a~gement is satbfactory, that a motion be made at the next resulav co~.~ meeting, und~ misc~e~ business, ' "~ 0 TWO ., , , .,,.,. 1959 agp~ovin~ the attorney fee arrangement set forth in this letter. I%esP ectfully sub~itted G: ~ober% 'City Attorney David Iv[. Gatct~el, Ciiy ~iLanager J. L. sounders, j~es B. %V~son, Vice ~,[ayor John L. Pitts, ~, Councilman Jab. es H. S~heilleY, Coun~m~ O. F. Y~an:~1°~ coun~mmu I%. D. %Vo~g, City Clerk