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10-22-79 OCTOBER 22, 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, October 22, 1979, with Mayor Leon M. Weekes, presiding and Acting City Manager Elizabeth Arnau, City Attorney Roger Saberson, and Council members [~alcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and ;'~illard V. Young, present. 1. The opening prayer was delivered by Dr. Mary Kupferle, Unity of Delray Beach. 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 October 8, 1979, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Mr. Bird noted that they received a copy of a proposed agenda for a meeting of the Civil Service Board to be held on October 24, 1979. It appears that the Civil Service Board intends to extend an authorization which Council granted to them with regard to service by an outside attorney. He requested that the City Administration instruct the Board that if they feel the need for additional legal counsel over and above what Council authorized at the special meeting of September 6th, that they contact the City Council and make a formal request. It appears that the Civil Service Board will have Mr. Samuel Thomas, an attorney from West Palm Beach, providing input with regard to a case which Council authorized, that being the Scadlock case. Additionally, they are looking to have Mr. Thomas assist them in some manner with regard to the case of Paul Wymbs. The City Attorney advised that it would be appropriate to have someone either from the City Administration or the City Attorney's office'notify the Civil Service Board of Council's intention. Mrs. Durante suggested that they ask Dr. Mitchell, Chairman of the Civil Service Board, what the Board is planning to do before they jump to any conclusions. Mr. Scheifley stated that if the Civil Service Board retains a lawyer to contest the actions that the Council took, the City would be put in the position of paying lawyers for both sides. Mayor Weekes stated that he thinks that Mr. Bird is trying to prevent a misunderstanding over fees between the Civil Service Board, the City and Mr. Thomas. He agrees that it should be made clear in advance that the Board has no authorization from Council to extend any more funds than those that have been already expended and authorized. Mr. Bird moved that the City Administration either through the Acting City Manager or the City Attorney's office remind the Civil Service Board that the authorization for payment to Mr. Thomas ceased upon the expiration of the action in the Court on Monday, September 10th, seconded by Mr. Young. Said motion passed unanimously. 4.b.1 Mayor Weekes presented a proclamation proclaiming the week of November 5 through November 10, 1979 as "Jewish War Veterans Week". A member of that organization came forward to accept the proclamation and presented a certificate of appreciation to Mayor Weekes for his dedication to community relations. 5.a.1. Mrs. Alice Finst, 707 Place Tavant, stated that she under- stands that the City is in the process of acquiring approximately 3 acres of park land in the vicinity of the Barwick fire station. If the City does acquire that land, she would like to see some money included in the Bond Issue for preparing that land for recreation. Mayor Weekes replied that there have been some negotiations to acquire some land but as far as including a figure in the present proposed Bond Issue for developing it, he does not believe it is possible to do it at this time. They must pass the Bond Resolution tonight in order to adhere to the time table which they've established and it is not feasible to further delay the Bond Resolution in order to investigate that particularly when they don't even have the land in hand at this time. Mrs. Finst stated that the plat was presented to the Planning & Zoning Board last week showing that the land would be donated to the City. Mayor Weekes stated that he is glad to hear it but it has not yet come before Council at this point. Mr. Bird stated that as he recalls one of the confiscated boats is in the budget and the other is not. If that boat went for sale perhaps they could earmark those funds for capital improvements for Parks and Recreations. 5.b.1. Mr. Willie Sharpe, S.W. 14th Ave., stated that some time ago A he spoke to the City Council regarding putting a traffic light on 12th and Atlantic and opening up 1st Street by taking out the stop sign to make it a through street and he would like to know if anything has been done. Mayor Weekes stated that he knows that something was done in regard to Mr. Sharpe's suggestions; however, the City Manager isn't here tonight to specifically respond. He will ask the City Manager to contact Mr. Sharpe when he returns to the City. Mrs. Durante stated that Mr. Church, City Engineer, brought a report to Council some time after Mr. Sharpe first came to Council with his suggestions and Mr. Church suggested a number of changes which Council acted on. Mayor Weekes stated that if Mr. Church has some answers, they will have him contact Mr. Sharpe. The City Attorney advised that with reference to the changes that Mrs. Durante was referring to, involving primarily stop sign changes, there is an ordinance that is being prepared to give the Engineering Department and/or the Police Department the authority to post traffic control devices after a traffic engineering study has been done and that will probably be on the books within the next month or so. It will accomplish the stop sign changes. The traffic light is another question on which the City Manager will have to get back to them. 5.c.1. A lady in the audience asked what the status was in regard to the Beach Committee study. Mayor Weekes stated that it is not on tonight's~agenda but he would be happy to give her a copy of their report. He asked her to stop by the City Clerk's office tomorrow to pick it up. She suggested having one parking permit for peak season and another for year-round. 6.a. There were no items submitted through the City Manager that were not on the agenda. ~ 9.d. Mayor Weekes advised that the attorney representing the petitioners on this item has asked that it be removed from the agenda for this evening's meeting. Mr. Bird moved that item 9.d. be removed from the agenda, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b. Mayor Weekes reported that City Service Awards are given to people in recognition of the efforts that they have devoted on behalf of the City when they leave the various boards. He presented two City Service Awards; one to Mr. Frank Noble who has served from June 1976 to September 1979 on the Board of Adjustment and the other to Mr. Preston Wright who has served from April 1975 to August 1979 on the Board of Adjustment. - 2 - 10/22/79 6.c. The Acting City Manager'reP6rted that it is recommended that Council set the first regular meeting of Council to be held during the month of November for 7 p.m., Tuesday, November 13th as the second Monday will be observed by the City as a holiday (Veterans' Day). Mr. Bird moved that Council set the meeting date for the first Council meeting in November to 7:00 p.m., Tuesday, November 13th, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The Acting City Manager reported that as discussed at the October 15th workshop meeting, Council is to consider approval of exe- cution of License Agreement between the City and Frank H. Rolfes, Jr. for operation of the Delray Beach Country Club restaurant and bar as revised per the City Manager's memorandum of October 12th. ~.lr. Young moved that Council approve the execution of the License Agreement between the City and Frank H. Rolfes, Jr. for the operation of the Delray Beach Country Club restaurant and bar, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Scheifley asked what the proposed effective date will be if they approve this agreement tonight. The City Attorney replied that it will be the date that they sign it with Mr. Rolfes and he imagines that it will be some time this week if they can get together with Mr. Rolfes and have the Agreement executed. He suggested doing it in the terms that if it's not signed by both parties as of a certain date, that the City rejects the bid. Mr. Scheifley stated that his concern is that this get going as soon as possible because the season is starting. At this point the roll was called to the motion. 6.e. The Acting City Manager reported that it is recommended that Council accept an easement deed in the Spanish Wells subdivision to connect~ the Faircrest Heights water and sewer systems into the Spanish Wells system. Mr. Bird moved that Council accept the easement deed in the Spanish Wells subdivision to connect the Faircrest Heights water and sewer systems to the Spanish Wells system, seconded by Mrs. Durante. Said motion passed unanimously. 6.f. The Acting City Manager reported that Council is to consider granting authorization to Mr. Frank Cibula, Jr. to settle the case of Thornton vs. City of Delray Beach. The City Attorney reported that since the letter transmitted with the Council agenda, there has been a further development in regard to this case. They have received a formal offer from the plaintiff to settle in the amount of $6500 which was communicated to him today by Mr. Turbyfill who is their adjustor. It came to him with his recommendation and the recommendation of the attorney handling the case for the City. It is recommended that authorization be granted to Mr. Cibula to settle the case for $6500 or such lesser sum as he in his judgment might determine. Mr. Bird moved that Council grant authorization to Mr. Cibula to settle the case of Thornton vs. City of Delray Beach in an amount not to exceed $6500, seconded by Mrs. Durante. Said motion passed unanimously. 6.g. The Acting City Manager reported that pursuant to informal workshop decision on October 15th, Council is to give consideration to pass, by motion, "the definition of a resident would be a person who is either a registered voter in the City; owns a residential dwelling unit in the City; has executed a contract to purchase a dwelling unit in the City; or files a declaration of domicile in the City". Mr. Scheifley moved that the definition for residential requirements for City recreational facilities be changed from registered voter or owner of registered property to "the definition of a resident would be a person who is either a registered voter in the City; owns a residential dwelling unit in the City; has executed a contract to pur- chase a dwelling unit in the City; or files a declaration of domicile in the City", seconded by Mr. Bird. Said motion passed unanimously. - 3 - 10/22/79 6.h. The Acting City Manager reported that it is recommended that Council authorize the retaining of Mudge, Rose, Guthrie and Alexander to serve as New York bond counsel and Roger Saberson, City Attorney, to serve as local bond counsel on the upcoming general obligation bond issue. The City Attorney reported that this is in reference to the general obligation bond issue, the resolution for which is on the agenda tonight. The firm of Mudge, Rose, Guthrie and Alexander is the New York bond counsel for the City; their fee will be between $3,000 to $5,000 depending upon the actual amount authorized by the voters. The City Attorney's fee would be 1/3 of 1% of the amount authorized in accordance with the previous Council action. It is recommended that Council authorize New York bond counsel and local bond counsel in accordance with those terms and conditions. The New York bond counsel asked him to point out one thing in reference to the quotation of fees for bond issues; that these would cover the fees through the closing and assuming no appeals, no going to the Supreme Court of Florida or anything of that nature; that would be extra. ~Mrs. Durante moved that Council authorize the retaining of Mudge, Rose, Guthrie and Alexander to serve as New York bond counsel and Roger Saberson, City Attorney, to serve as local bond counsel on the upcoming general obligation bond issue in accordance with the fee schedule outlined by the City Attorney, seconded by Mr. Young. Said motion passed unanimously. 6.i. The Acting City Manager reported that as was discussed at the October 1st workshop meeting, it is recommended that Council authorize the City's Fiscal Agent, Dean Witter Reynolds, Inc. to serve the City as Financial Consultant for a $1,390,000 general obligation bond issue for the financing of various capital improvements and equipment. The Financial Consultant's fee is to be $10,000-$12,000, depending on the size of the bond issue. The City Attorney advised that if Council authorizes it in accordance with Mr. Ross' letter of October 3, 1979, that would be sufficient. Mr. Scheifley moved that Council approve Dean Witter Reynolds, Inc., represented by Stanley Ross as the City's Financial Consultant for the $1,390,000 general obligation bond issue according to the terms as outlined in the letter from Mr. Ross dated October 3, 1979, seconded by Mr. Young. Said motion passed unanimously. 6.j. The Acting City Manager reported that it is recommended that consideration be given to approval of the City-Local 1842, Inter- national Association of Firefighters contract, ending September 30, 1980. The City Attorney reported that this contract is the culmination of the negotiations between the International Association of Firefighters and the City for the fiscal year 1979-1980. It has been reviewed by the Union and they are in agreement with this as amended by the City Manager's notes which Council received with the agenda. Mr. Bird moved that Council approve the City-Local 1842, International Association of Firefighters contract ending September 30, 1980, seconded by Mr. Scheifley. Said motion passed unanimously. 6.k. The Acting City Manager reported that it is recommended that Council ratify the South Central Regional Wastewater Treatment and Disposal Board action taken at its October 11, 1979 meeting in- creasing the regional plant user charge from 21¢ to 25¢ per 1,000 gallons. Mr. Young moved that Council ratify the South Central Regional Wastewater Treatment and Disposal Board action to increase the rates from 21¢ to 25¢ per 1,000 gallons, seconded by Mr. Scheifley. Said motion passed unanimously. - 4 - 10/22/79 7.a. The Acting City Manager reported that a communication has been received from Community Chest Services of Delray Beach, Gulf Stream, Highland Beach and Village of Golf, requesting permission to solicit funds from February llth to February 25, 1980, approval of which is recommended by the Solicitations Committee. Mr. Bird moved that Council grant authority to the Community Chest Services of Delray Beach, Gulf Stream, Highland Beach and Village of Golf to solicit funds from February llth to February 25, 1980, seconded by Mrs. Durante. Said motion passed unanimously. 7.b. The Acting City Manager reported that a communication has been received from Milton ~ers Unit #65, American Legion Auxiliary, Department of Florida requesting permission to solicit funds from February 4th to February 9, 1980, approval of which is recommended by the Solicitations Committee. Mrs. Durante moved that Council approve the request from Milton Myers Unit ~65, American Legion Auxiliary, Department of Florida to solicit funds from February 4th to February 9, 1980, seconded by Mr. Bird. Said motion passed unanimously. 7.c. The Acting City Manager reported that a communication has been received from the League of Women Voters of South Palm Beach County, Florida, Inc., requesting permission to solicit funds on November 7, 1979 with follow up, approval of which is recommended by the Solicitations Committee. Hr. Scheifley moved that the request from the Florida League of Women Voters to solicit funds on November 7, 1979 be approved, seconded by Mr. Young. Said motion passed unanimously. 7.d. The Acting City Manager reported that a communication has been received from the Delray Beach Public Library Association, Inc., requesting permission to solicit funds from March 2nd to March 15, 1980, approval of which is recommended by the Solicitations Committee. Mr. Young moved that Council approve the request from the Delray Beach Public Library Association, Inc., for solicitation of funds from March 2nd to March 15, 1980, seconded by Mrs. Durante. 6.d. At this point, Mr. Frank Rolfes (item 6.d.) arrived at the meeting. Mayor Weekes asked him to come forward and advised him that Council has authorized approval and execution of the agreement between him and the City for the operation of the restaurant and bar facilities at the Delray Beach Country Club. Mr. Scheifley asked how soon Mr. Rolfes can execute the docUment. Mr. Rolfes replied that he can execute the document as soon as he knows that the equipment is in place. Mr. Scheifley stated that he was out there today and was informed that all the equipment is in place in the kitchen; however, it hasn't been cleaned or painted yet. Mr. Rolfes stated that if they give him two weeks from now, he can have it in operation if things are the way they should be. He has to have menus made up and get china and silver. The City Attorney asked if they are now in agreement that they can sign the agreement and have it effective November 5, 1979; two weeks from tonight. Mr. Rolfes replied that he sees no reason why not. The City Attorney stated that what Council would like is to sign an agreement now to set a time period, a definite date in the future at which the effective date of the lease will begin to run. Mayor Weekes stated that they want to be fair and he thinks it would be unfair to ask Mr. Rolfes to enter into something obligating him to do something over which he has no control. The City's responsibility is to get the equipment hooked up and ready to operate. - 5 - 10/22/79 7.e. The Acting City Manager reported that the City is in receipt of an application from Alan J. Abbott and Alan B. Miller for City water service to serve Little Lobster Shanty of Delray Beach, Florida, Inc., 2440 North Federal Highway, located outside the City. The applicant having executed the City's standard water service agreement, it is recommended that Council approve the applicant's receipt of water service from the City and since the property is contiguous to the existing City limits, to further consider authorizing the City Attorney to prepare an annexation ordinance. The request for City water service is to serve a restaurant which has been in operation for several years. Mrs. Durante moved that Council execute the City's standard water service agreement with the parties, Alan J. Abbott and Alan B. Miller and further authorize the City Attorney to prepare an annexation ordinance, seconded by Mr. Bird. Said motion passed unanimously. 7.f. The Acting City Manager reported that a communication has bee~ received from the Area Planning Board dated October 17th requesting A-95 Clearinghouse review and comment relative to Delray Migrant Health Care Project. This project includes funding for the Ambulatory Migrant Center in Delray and the East Coast Entitlement Project (a comprehensive health care project for migrants utilizing Blue Cross/Blue Shield of Florida for third party reimbursement). This project will not result in any adverse effects to the local natural, social or economic environment. Mrs. Durante moved that a communication be sent to the Area Planning Board stating that this project will in no way have any adverse effect on the local natural, social or economic environment and there is no duplication of effort, seconded by Mr. Bird. Said motion passed unanimously. 7.g. The Acting City Manager reported that a communication has been received from the Area Planning Board dated October 16th~request- ing A-95 Clearinghouse review and comment relative to Phase IV of the Rainbe~ry Lake Development located on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal. This proposal is consistent with.adopted plans and policies, as the site and development plans for this development were approved by Council on October 8, 1979. This development will not result in any adverse effects to the local natural, social or economic enviromnent. Mr. Young moved that a communication be sent to the Area Planning Board stating that this project will have no adverse effects to the local natural, social or economic environment, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The Acting City Manager reported that Resolution No. 77-79 determining certain details of $4,000,000 Water and Sewer Revenue Bonds is before Council for consideration. The City Attorney reported that the Bond validation was held last Thursday and the Bonds were approved by the Circuit Court. The appeal time will run thirty days hence from last Thursday. This reso- -- lution determines certain details of the Bonds that will be issued including the interest date, the date of the bonds, the first date of payment on the bonds, the maturity dates and other details. It also approves the preliminary official statement which has been furnished to the City. Approval is recommended. The Acting City Manager presented Resolution No. 77-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DETERMINING CERTAIN DETAILS OF $4,000,000 WATER AND SEWER REVENUE BONDS, SERIES 1979, OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 77-79 is on file in the official Resolution Book) Mr. Scheifley moved for the adoption of Resolution No. 77-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 6 - 10/22/79 8.b. The Acting City Manager reported that Resolution No. 80-79 vacating and abandoning the north four feet of a 16-foot utility ease- ment within the Delray Oaks Subdivision is before Council for considera- tion. The Planning & Zoning Board at a meeting held on September 25th, recommended by unanimous vote that the abandonment located in the Delray Oaks development, at the northwest corner of Congress Avenue and the C-15 Canal be approved, due to construction in the immediate area of the easement. Council, at the October 8th meeting, directed the City Attorney to prepare the resolution. The Acting City Manager presented Resolution No. 80-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH FOUR (4) FEET OF A SIXTEEN (16) FOOT UTILITY EASEMENT WITHIN THE DELRAY OAKS SUBDIVISION, AS RECORDED IN PLAT BOOK 33, PAGE 190, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 80-79 is on file in the official Resolution Book) ~r. Bird moved for the adoption of Resolution No. 80-79, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; r.~rs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The Acting City Manager reported that it is recommended that Council approve Resolution No. 81-79 which requests the State of Florida, through the Department of Natual Resources, to reimburse the City $35,877.10, the remaining portion of the State's participation in the City's 1978 beach nourishment project. Payment of this amount will bring the State's share of funding to a total of $441,421.10. The Acting City Manager presented Resolution No. 81-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE 1978 DELRAY BEACH MAINTENANCE NOURISHMENT PROJECT. (Copy of Resolution No. 81-79 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 81-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The Acting City Manager reported that the following quota- tions have been received for resurfacing and widening of the parking lot at the Delray Beach Country Club: Bidder Quotation Carr Soil & Sod Driveways Resurfacing 10,500 sq. $23,100.00 Delray Beach yds. @ $2.20 per sq. yd. Widening parking lot 4,900.00 700 yds. @ $7.00 per sq. yd. Total $28,000.00 Hardrives, Inc. Resurfacing 10,500 sq. 23,625.00 Delray Beach yds. @ $2.25 per sq. yd. Widening parking lot 6,650.00 700 yds. @ $9.50 per sq. yd. Total $30,275.00 - 7 - 10/22/79 It is recommended that the contract be awarded to the low bidder, Carr Soil & Sod Driveways in the amount of $28,000.00 by adoption of Reso- lution No. 82-79 with funding to come from the 1978 Utility Tax Revenue Bond Issue. The Acting City Manager presented Resolution No. 82-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE RESURFACING AND WIDENING OF THE PARKING LOT AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 82-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 82-79 awarding the contract to Carr Soil & Sod Driveways with funding to come from the 1978 Utility Tax Revenue Bond Issue, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The Acting City Manager reported that Resolution No. 83-79 is before Council for consideration. The City Attorney reported that this resolution approves an addendum to the agreement between Intercounty Construction Corporation of Florida and the City of Delray Beach whereby the City's liability is limited to $2,000,000 unless and until the City has received the proceeds of the 1979 Water and Sewer Revenue Bond Issue. The Acting City Manager presented Resolution No. 83-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN INTERCOUNTY CON- STRUCTION CORPORATION OF FLORIDA AND THE CITY OF DELRAY BEACH FOR THE CONSTRUCTION OF WATER WORKS IMPROVEMENTS, PARTS A AND B (PROJECT NO. 637-591-22). (Copy of Resolution No. 83-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 83-79, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.f. The Acting City Manager reported that it is recommended that Resolution No. 84-79 relative to a general obligation bond issue in the amount of $1,390,000 be adopted. The City Attorney reported that this is the resolution that authorizes the various projects proposed by the City in regard to the general obligation bond issue involving the City Hall, the fire station building at Barwick Road and Lake Ida Road, the purchase of fire equipment and rescue vehicles, the renovation and expansion of the police station, the construction of various bicycle paths and improvements to Miller Park. - 8 - 10/22/79 The Acting City Manager presented Resolution No. 84-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE RENOVATION A~D EX- PANSION OF THE EXISTING CITY HALL BUILDING, THE CON- STRUCTION OF A FIRE STATION BUILDING AND FOR THE PURCHASE OF FIRE EQUIPMENT AND RESCUE VEHICLES, THE RENOVATION AND EXPANSION OF THE EXISTING POLICE STATION BUILDING, FOR THE CONSTRUCTION OF BICYCLE PATHS AND FOR IMPROVEMENTS TO MILLER PARK IN AND FOR THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $1,390,000.00 TO FINANCE THE SAME IN THE MANNER HEREIN SET FORTH, AND ORDERING AND PROVIDING FOR A BOND ELECTION ON THE APPROVAL OF THE BONDS. (Copy of Resolution No. 84-79 is on file in the official Resolution Book) The City Attorney reported further that the proposed form of the ballots propose different questions for some of the different proposed issues. The fire station and related improvements are in one question; the City Hall in another; the police station in another; and the improvements regarding the bicycle paths and Miller Park are in another. Bond counsel was requested by the City, if possible, to put all issues in one question. After having researched it, they have informed him that, in their opinion, that is not legally possible. This is the greatest extent to which they can aggregate those projects. Mr. Bird moved for the adoption of Resolution No. 84-79 relative to the general obligation bond issue in the amount of $1,390,000, seconded by Mr. Young. Upon roll call Council voted as follows: ~r. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young --Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll tall the following discussion was had: the City Attorney pointed out that this resolution sets the election date for December 11, 1979. Mr. Bird stated that the public shouldn't delude themselves by thinking that Council can do these things within the current tax framework of the City of Delray Beach; if they do approve this, there is no way the City will be able to fund that equipment without making a meaningful increase in ad valorem tax. Mrs. Durante added that the City Manager provided them with some figures; the annual operation of the fire station out west including EMT services is going to cost $300,000. Mr. Portnay stated that he feels that the City doesn't need as many firefighters as they do need rescue squads. If the City could cut down on some of the fire equipment, it would certainly save the City a lot of money. Mayor Weekes replied that this extra piece of equipment and the men to man it may very well enable the City to improve its ISO fire rating. Delray Beach is now rated as a class 5 City and it's entirely possible that they'll be able to go to a class 4 after this increased capacity and men are added. In which case, the average citizen may very well save enough on his fire insurance premium to offset the cost. Mr. Bird stated that the members of Council will be avail- able to speak on this issue at the various associations to try and help the voter understand the issue and the need for it. Mrs. Durante added that it might be good if they had some citizens like Mr. Portnay to help sell the bond issue. At this point the roll was called to the motion. - 9 - 10/22/79 322 8.g. The Acting City Manager reported that Ordinance No. 72-79 relative to rezoning and placing land zoned R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwelling) District, located at the northwest corner of Del-Haven Drive and A1A is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 8th 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 Acting City Manager presented Ordinance No. 72-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY , BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN ~-6 (MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHWEST CORNER OF DEL-HAVEN DRIVE AND A-1-A AND AMEND- ING '!ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". {Copy of Ordinance No. 72-79 is on file in the official Ordinance Book) The Acting 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 adoption of Ordinance No. 72-79 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.h. ' The Acting City Manager reported that Ordinance No. 73-79 relative to annexing a parcel of land located on the west side of Seacrest Boulevard between Tangerine Trail and Avacado Road, subject to R-iAAA (Single Family Dwelling) District is before Council for con- sideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family) and is used for a residence. Second and FINAL Reading and public hearing will be held at the meeting on November 26th. Council, at the October Sth meeting, directed the City Attorney to prepare the ordinance effecting the annexation. The Acting City Manager presented Ordinance No. 73-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 5, BLOCK "C", LAKE HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. THE SUBJECT PROPERTY IS IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND IS LOCATED ON THE WEST SIDE OF SEACREST BOULE- VARD, BET~EEN TANGERINE TRAIL AND AVOCADO ROAD; REDE- FINING 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 Acting City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 73-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The Acting City Manager reported that Ordinance No. 74-79, amending Ordinance No. 64-79 relative to dockage fees is before Council for consideration on First Reading. This was discussed at the workshop meeting on October 15th. - 10 - 10/22/79 The Acting City Manager presented Ordinance No. 74-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 64-79(c)(1)(2) AND (3) BY DECREASING THE PER FOOT PER DAY CHARGE FOR DOCKAGE USAGE UNDER THE MONTHLY CONTRACT AND CONTRACTS OF FOUR (4) MONTHS DURATION OR MORE; FURTHER AMENDING ORDINANCE ~O. 64-79 BY CHANGING THE EFFECTIVE DATE TO OCTOBER 5, 1979; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 74-79 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The Acting City Manager reported that an application has been received from Seacrest Presbyterian Church to annex a 4.54-acre parcel of land, subject to R-1AA (Single Family Dwelling) District. The subject property is in Section 4-46-43 and is located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard. Since this request is in conformance with the City's Land Use Plan and County zoning for this area, approval of the annexation is recommended. This property is presently zoned in the County as RS (Residential Single Family). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. Mr. Bird moved that the City Attorney be instructed to prepare the ordinance effecting the annexation, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. The Acting City Manager reported that the Planning & Zoning Board at a meeting held on October 16th, recommended by unanimous vote that the conditional use request to construct a swimming pool and tennis courts on a deck over the existing parking area at Spanish River Inn, located on the north side of Atlantic Avenue, between Seabreeze Avenue and Andrews Avenue, be approved, subject to the following: 1) Director of Public Utilities memorandum of September 18th. 2) Availability of water. 3) That the swimming pool and tennis courts shall be operated only between the hours of 8:00 a.m. and 9:00 p.m. 4) Artificial lighting used to illuminate the premises shall be directed away from adjacent properties. 5) A time limitation of one year be set for development of the project. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to the comments in the preface to the agenda, seconded by Mr. Bird. Said motion passed unanimously. 9.c. The Acting City Manager reported that the Planning and Zoning Board at a meeting held on October 16th, recommended by unanimous vote that the conditional use in the LI (Light Industrial) District to allow a lumberyard, office and warehouse for McEwen Lumber Company, located south of Atlantic Avenue, between Congress Avenue and the SAL Railroad be approved, subject to the following: - 11 - 10/22/79 22a, 1) City Engineer's memorandum of September 25th. 2) Director of Public Utilities memorandum of September 7th. 3) Availability of water. 4) A time limitation of one year be set for development of the project. Mr. Scheifley moved that Council sustain the recommendation of the Planning & Zoning Board for a conditional use for McEwen Lumber Company, seconded by Mr. Young. Said motion passed unanimously. 9.d. This item was brought up after Item 6.a. and removed from the agenda. 10. Mayor Weekes asked if Council needs to ratify the action of the Sewer Board in adopting the Sewer Board's budget. -The City Attorney replied that the City Manager noted on his memo to Council that he had some questions about that and that's why he didn't put it on tonight's agenda. Mr. Bird stated that the only question that the City Manager brought up with regard to that was whether or not the positions that were funded in the Administrative section, the additional clerical help that would be required if Council adopted the recordkeeping system which he proposed. Mr. Scheifley stated that it is his understanding that something was included in the budget which the City Manager thought the Board should approve. When Council approved the Sewer Board budget, they approved a salary increase of 45% to someone unknowingly. Mayor Weekes stated that his concern is that they don't put the Sewer Board in a position where they can't pay their bills. Mayor Weekes noted that there is a typing error in the amount of $300; the subtotal on salaries on the third page should be $39,300 instead of $39,000 and the total should be changed accordingly. Mr. Bird moved to approve the budget as presented to them from the South Central Regional Wastewater Treatment and Disposal Board with the corrections outlined by the Mayor, seconded by Mr.~Young. Said motion passed unanimously. 11. Mr. Scheifley noted that he wrote a letter to the City Attorney asking a couple of legal questions brought up by the people of High Point concerning garbage and trash; he told them he would try and get them an answer by November 1st. The City Attorney replied that they are working on it. Mayor Weekes declared the meeting adjourned at 8:15 P.M. · ~ City Clerk ATTEST: MAYOR - 12 - 10/22/79 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 October 22, 1979, which minutes were formally approved and adopted by the City Council on~. f~. ff7f . ~C lerk 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. - 13 - 10/22/79