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12-10-79 37.; DECEMBER 10, 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, December 10, 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, James H. Scheifley, and Willard V. Young (arrived at 7:10 P.M.), present. 1. The opening prayer was delivered by Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of ~merica was given. 3. Mr. Bird moved for approval of the minutes of the regular ~eeting of December 3, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mrs. Durante stated that she is on the Area Planning Board and has received from them the quarterly report on building permits issued in the County; it compares the cities. She was amazed to see that Delray Beach is up to about 527 dwelling unit permits and the city with the number closest to that is Greenacres with 256 dwelling unit permits issued. Mayor Weekes added that what is more interesting to him on that report is that Boca Raton had 170 total dwelling unit permits com- pared to Delray's 527 while the total value of Boca Raton's permits was 10½ million dollars compared to Delray's 3½ million dollars. 4.b.1. Mr. Scheifley noted that the Bond Election is coming up tomorrow for about $1,300,000. In 1970 the official population of Delray Beach was 19,500; today's population is about 40,000. It is just a question of whether the people of the City are willing to provide the services to keep up with that growth. He urges everyone present tonight to think in positive terms of keeping this City up-to-date, modern, clean and beautiful with continuing good services. 4.c.1. Mr. Bird added that he would like to publicly thank all of the people who give so much of their time to the youth of the City; he is talking about the members, directors, etc., of the various sports teams. Those who have been downtown in the last few days may have seen the posters that they had Printed at their expense particularly to bring people's attention to the needs of the youth of the City with regard to item 4 which will be on the ballot tomorrow. Mayor Weekes added his personal thanks to the officers and directors of the High Point group who have been going door to door handing out information on the Bond Issue and working diligently for the passage of all of the items. 4.d.1. Mayor Weekes reported that he has a letter from the Execu- tive Director of the Girl Scouts of America wanting the City to approve their cookie sale from January 31st to February 11, 1980. Mr. Scheifley moved to approve the Girl Scout cookie sale, seconded by Mrs. Durante. Said motion passed unanimously. 4.d.2. Mayor Weekes further reported that he received a letter today from Mr. Charles Toth who has served as Chairman of the Board of Adjustment. He will have copies of the letter made and distributed to Council. The Mayor read the last paragraph of the letter. 4.d.3. Mayor Weekes announced that he has in hand the signed ease- ment deed that they have been attempting to get for drainage improve- ments in the High Point area. He would like Council to make a motion authorizing acceptance of the easement deed subject to approval by the City Attorney's office as to form, title, etc. Mr. Bird moved to authorize acceptance of the easement deed as outlined by Mayor Weekes, seconded by Mrs. Durante. Said motion passed unanimously. 4.e.1. Mr. Young apologized for being late. He reported that he is interested in Spanish River Arms and he called the Building Department several times with reference'to it. At one time he was told that he couldn't have any information unless he went through the City Manager to get permission for them to give it to him. This, in his understanding, is public information and as such should be given to the public and to a member of City Council.' He has been trying to correlate the number of parking spaces with the new development in Spanish River Arms. Since then, however, he has had a call from Norma Smith of the Building Depart- ment who gave him some information. He would still like to find out what the area of the restaurant is so they can determine whether there are a sufficient number of parking spaces there. He asked that this be referred to a workshop meeting. Mayor Weekes replied that they will have this item on the next workshop meeting. Mayor Weekes announced that this will be the last Council A~ meeting of this year; their next scheduled meeting will be a workshop on the 7th of January and the next Council meeting will be on the 14th of January. If they get too many items, they may have to call a special workshop meeting. He wished his fellow Council members and the members of the audience a very happy holiday season. 5. There were no public requests from the floor. 6.a. There were no items presented that were not on the agenda. 6.b. The Sister City Committee gave a presentation and a progress report. They presented a special citation to the City of Delray Beach from the Readers Digest Foundation and the Town Affiliation Association which is the parent organization of Sister Cities International. They introduced several members of the committee and a representative from Miyazu, Japan. Mayor Weekes thanked the members of the Sister City Committee and added that they are hard workers and have dedicated a lot of time and energy to this project. He is very proud of the sister city relation- ship that they have developed with Miyazu, Japan. Mayor Weekes noted that Rabbi Silver, the newly installed rabbi of the Delray Beach Hebrew Reformed Congregation, is in the audience. Rabbi Silver came forward and gave an invocation. 6.c. The City Manager reported that a public hearing is to be conducted relative to the City's intent to sell the Exciton yacht to Calvin Chapman for $17,000. An agreement dated November 27th has been signed by Mr. Chapman. A public hearing was held on the City's intention to sell the Exciton to Calvin Chapman for $17,000. The public hearing was closed. Mr. Bird moved that the City close the sale of the Exciton yacht in accordance with the agreement between Mr. Chapman and the City _ dated November 27, 1979, seconded by Mrs. Durante. Said motion passed unanimously. The City Attorney added that Mr. Chapman informed him that he will be in Delray tomorrow and they should be able to close sometime tomorrow afternoon. 6.d. The City Manager reported that the use of the course at the Delray Beach Country Club on Saturdays by the Men's Golf Association (to the exclusion of others during certain hours) was considered by Council at its November 19th workshop meeting, at which time the Association was asked to study the matter and come back with a recommendation. The Association subsequently met and he was informed by a memorandum dated December 3rd from Mr. Fonseca, the Pro Manager, that the Men's Associ- ation had determined that they would be willing to settle for either of two options, but the option that they preferred was that they alternate on Wednesdays and Saturdays with two Wednesdays and two Saturdays per month being used by the Association for Men's Day. As a second option, they stated their willingness to maintain Saturday as Men's Day but permit the other golfers to tee off with every third starting time. - 2 - 12/10/79 The City Manager reported further that he met with Mr. Fonseca, Tom Nevins, President of the Men's Association and Sam Rosenbaum, Vice-President of the Men's Association, after receiving the memorandum. They discussed the situation pretty thoroughly. At that time it was agreed that they would support the recommendation that he would make to Council which is in three parts: 1) that Saturday be eliminated as Men's Golf Day at the Delray Beach Country Club; 2) that a Men's Day on some day other than Saturday be set and reset from time to time if need be by the Administration; and 3) that by freeing Saturday they can, on occasion, have special events at the Country Club. Mr. Jim Marsh stated that he is new in the community. He moved here in August and he is an avid and devout golfer. One of the main reasons that he joined the Delray Beach Country Club was so that he could play organized golf on Saturdays. He works during the week and has no other free time to play golf. If they eliminate Saturday as his opportunity to play organized golf, that means that he just about can't play that kind of golf. He's been involved with golf throughout his life and most of the clubs in the United States have a Men's Golf Day on Saturday and he thinks that Delray Beach Country Club should be no different. Mr. Tom Nevins, President of the Golf Association, stated that they had a recommendation in as to having alternate Wednesdays and Saturdays and asked the status of that. The City Manager replied that Council can take care of that in their motion. Mr. Bird moved that Council accept the recommendation of the City Manager and reject the alternate Wednesday/Saturday recommendation and instruct the Administration to respond in writing to the letter from the Men's Golf Association dated December 3, 1979, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Nevins stated that when they run a quick check on their membership which is over 300, they find that approximately 10% of that group are full-time and part-time working people. He wants it to be understood, along with this motion, that if they get any objections, the Men's Golf Association will direct them right back to the City Council through Mr. Fonseca and the City Manager. In response to Mr. Nevins, the City Manager replied that the special days would be programmed by the City; they would actually be set by the Pro Manager in consultation with whoever he needs to talk with. Mr. Scheifley stated that no matter what they decide, they are not going to be able to please everybody. It seems to him that one of the fundamental principles underlying the golf course is that it is self-sustaining and should not be a burden to the taxpayers. The people who are paying the bill, for the most part, are the members of the Golf Association. Of course, there are the City residents who want to play on Saturday and they should be given consideration too. He doesn't see how one group can be excluded and the other favored. It seems to him that the recommendation of the Men's Golf Association for alternate Wednesdays and Saturdays was a good compromise; at least the working people would be able to play in two tournaments a month. In this way they would be pleasing a greater number of people. Mr. Young stated that he can't agree with Mr. Scheifley on that. According to his understanding of what the motion was, the tourna- ments are going to be played on Saturday and he thinks there would be plenty of opportunity for the working people to play on Saturday. He feels that the Administration's recommendation is in order. In response to Mr. Scheifley, the City Manager stated that these special events he was talking about are not exclusively related to the Men's Golf Association; it would include those along with some others. He tried to make it clear to Mr. Nevins and Mr. Rosenbaum that whatever is done, he would hope it would not, in any way, hurt the Men's - 3 - 12/10/79 Golf Association because, like Mr. Scheifley, he thinks that the Associ- ation is a great backbone of their country club operation. He thinks that there would be a lot of confusion with the alternate Wednesday/ Saturday scheduling in that people who are not members of the Men's Golf Association would soon lose track of the schedule and perhaps start showing up on the wrong days. They are told that there are about 30 members of the Men's Association who would favor Saturday as it is now; he would venture to say that there are many more than 30 people in the City who work and would like to play on Saturday but are unable to do so now because of the Men's Association having the course tied up on Saturday. He thinks that the greater number lies outside the Association rather than within the Association with regard to the number of working people that might want to use the course on Saturday. In response to Mayor Weekes, Mr. Remus stated that he thinks - that the recommendation of the City Manager is probably the best way because it gives everybody an opportunity to come and play. He is totally in agreement with it. After further discussion the roll was called to the motion. 6.e. The City Manager reported that it is recommended that Council approve the sixth year Community Development funding request pursuant to the October 25, 1979 letter of request regarding same from the County Community Development Agency. He has prepared a communication with tomorrow's date and if Council approves it tonight, they can get it to the agency within the deadline date of December 14th. They have had $50,000 only, approved for fifth year funding and that's for the con- struction of sidewalks and those will be under construction very shortly. Sixth year funding is what they are responding to; it contains a carrying forward from the fifth year to the sixth year of the items that were not funded during fifth year funding with the exceptions that he has noted. Copies of the response and the funding requests have been provided to Council. With the modifications that were done to bring their sixth year request into line with the current Federal and County policy with respect to the Community Development program, there would be no change in their request for the sixth year as compared to what has already been approved by Council. Mrs. Durante moved that the letter dated December 11, 1979, be forwarded to the County Community Development program as presented by the City Manager, seconded by Mr. Bird. Said motion passed unanimously. 6.f. The City Manager reported that it is recommended that Council consider authorizing execution of an agreement between the City and Boca Raton Yacht and Tennis Club, Inc. for the installation of a 10-inch water main on Germantown Road from Lowson Boulevard to Linton Boulevard. Council authorized the City Attorney to prepare the agreement at the November 13th meeting. The City Attorney asked Council to authorize the City Attorney's office to make minor amendments in the agreements in con- sultation with the Administration. Mr. Brennan has only recently re- - ceived the agreement and he is going to have it reviewed by his attorney~ so there may be some minor adjustments. They are trying to get it processed as quickly as possible. Mr. Bird moved to authorize the execution of the agreement between the City and Boca Raton Yacht and Tennis Club, Inc., for the installation of a 10-inch water main on Germantown Road from Lowson Boulevard to Linton Boulevard and further that the City Attorney in consultation with the Administration be authorized to make minor amend- ments in order to speed up the execution of this agreement, seconded by Mrs. Durante. Said motion passed unanimously. 6.~. The City Manager reported that he wrote Council a memorandum on December 3, 1979, explaining the reason that they need approval of a new Metropolitan Planning Organization Interlocal Agreement. Mrs. Durante moved for aPproval of the new MPO interlocal agreement as presented, seconded by Mr. Scheifley. Said motion passed unanimously. - 4 - 12/10/79 Before roll call the following discussion was had: For the benefit of the public, Mayor Weekes explained that State law provides that the Mayor designate someone to represent the City on the Metropolitan Planning Organization and he did appoint Mrs. Durante who graciously accepted the appointment and has been serving quite well in that capacity. Apparently, Governor Graham says that the Mayor must serve if they are to be a part of the MPO process. At this point the roll was called to the motion. The City Manager asked Mr. Ned Brook, Executive Director of MPO, who was in the audience if he thinks it necessary that Council pass a motion designating the Mayor. Mr. Brook replied that the Governor requested that there be a response from the Mayor. If the Mayor declines to serve, then he is requested to send a response stating who will serve instead. The City Manager stated that it was his understanding that the Mayor serve now and later on if the City wants to change, to then make the change but not now. Mr. Brook replied that that is correct. The present MPO expires on December 31st. They are trying to preserve the continuity of this action but since there's an existing agreement, if Council would authorize the approval of the interlocal agreement now, then any matters in regard to membership changes could be made later. The City Manager advised that he would draft a letter of acceptance. 6.h. The City Manager reported that the Beautification Committee has recommended the appointment of Mrs. Douglas Thayer, 703 S.E. 9th Street, Delray Beach, to the Board, which will fill the last vacancy on the Board. Council may either act on this appointment now or refer it to workshop. Mrs. Durante moved for the appointment of Mrs. Douglas Thayer to the Beautification Committee, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, Mr. Scheifley asked Mrs. Matthews of the Beautification Committee to convey a message to Pat Canning, Chairman of that Board, that Mrs. Alfrieda Forbell who has a great interest in City beautification would like to be considered as a member of the Board if a vacancy should occur. At this point the roll was called to the motion. 7.a. Mayor Weekes acknowledged the minutes of the Beautification ~0mmittee and noted that they asked that the item regarding the news- paper dispensing machines on the beach be brought to Council's atten- tion. They state that Gleason bathhouse was designed to have an alcove for newspapers but the machines are not where they should be. Jack Gomery moved that all newspaper dispensing machines at the beach be moved by the City to the west end of Gleason Park and be properly land- scaped to make them more attractive and that the machines on the south end of the beach be moved by the City to Anchor Park and placed along- side the building; the motion was seconded by Mrs. Matthews and passed unanimously. The City Manager advised that at a Council meeting on November 26, someone in the audience complained about the newspaper vending machines at the beach bathhouse and the party was told that the Administration was checking out the complaint. Council indicated at that time that they favored removal of the machines and passed a motion directing that the vending machines be removed. The following morning, November 27th, he wrote a memorandum to the Parks & Recreation Depart- ment instructing them to remove the newspaper vending machines from the beach pursuant to Council motion preferably by action of the newspapers, failing that then by City forces unless advised to the contrary by the City Attorney. He had word from Parks & Recreation that the City Attor- ney had advised to the contrary and to stand pat until further communi- cation was had. - 5 - 12/10/79 The City Attorney advised that this is being researched by his office and they did, in fact, put a hold on the removal of those news racks. He thinks they can come back to Council with some definite research within about 30 days. Mayor Weekes stated that there was also discussion at that Beautification Committee meeting regarding improved conditions at the City Cemetery. He drove through there the other day and it is much better than what it was a year ago. The Beautification Committee is to be commended for the work that they have expended on that. 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated December 3rd requesting A-95 Clearinghouse review and comment relative to construction of Comprehen- sive Community Mental Health Center Facilities for South County Mental Health Center, Inc. Council, at the December 3rd meeting, voted to forward a letter of support for the loan application. Copies of all material relative to the application have been provided to Council. Mrs. Durante moved that they send a letter to the Area Planning Board commenting that this proposal is consistent with the adopted plans and policies and there is no duplication of ongoing ef- forts by this particular program, seconded by Mr. Scheifley. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 94-79 is before Council for consideration. This resolution authorizes the ex- change of real property owned by the City (vicinity of the Beach Bath- house) with Mr. and Mrs. Mantyla (Arvilla Corporation). A copy of the site plan has been furnished to Council. This was discussed at the July 9th meeting. The City Manager presented Resolution No. 94-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OF DELRAY BEACH THE EXCHANGE OF REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH LOCATED IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 94-79 is on file in the official Resolution Book) 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 Resolution No. 94-79, seconded by Mr. Young. 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.b. The City Manager reported that Resolution No. 96-79 vacating and abandoning the north 15 feet of McCleary Street which abuts Lot 1, Tropic Isle Subdivision is before Council for consideration. The Plannit & Zoning Board at a meeting held on November 20th, recommended by unani- mous vote that the abandonment be approved, provided the easterly 12 feet be retained as an easement. Council, at the November 26th meeting, directed the City Attorney to prepare the resolution. The City Manager presented Resolution No. 96-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE NORTH 15 FEET OF McCLEARY STREET, LYING SOUTH OF AND ADJACENT TO AND WEST OF THE SOUTHERLY PROJECTION OF THE EAST LINE OF LOT 1 OF TROPIC ISLE, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 32, PAGE 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST. 6 - 12/10/79 (Copy of Resolution No. 96-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 96-79, 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. Mr. Robert Chapin, representing Knight Enterprises, came forward and stated that there are two other matters related to this (items 8.o. and 8.p.) and he would appreciate it if Council would con- sider them at this time. Mrs. Durante moved that Items 8.o. and 8.p. be moved forward to follow 8.b. on the agenda, seconded by Mr. Bird. Said motion passed unanimously. 8.o. The City Manager reported that Ordinance No. 84-79 relative to annexing a parcel of land located at the northeast corner of U.S. No. 1 and Eve Street, subject to SAD (Special Activities) District is before Council for consideration on First Reading. This property is presently zoned in the County as CG (General Commercial) and is vacant. Second and FINAL Reading and public hearing will be held at the meeting on January 14, 1980. Council, at the November 26th meeting, directed the City Attorney to prepare the ordinance effecting the annexation. The City Manager presented Ordinance No. 84-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND EVE STREET; 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. 84-79 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.p. The City Manager reported that Ordinance No. 85-79 relative to rezoning and placing land zoned CG (General Commercial) District (County) to SAD (Special Activities) District (City), located at the northeast corner of U.S. No. 1 and Eve Street is before Council for consideration on First Reading. Public hearing will be held and con- sideration will be given to passage on Second and FINAL Reading at the meeting on January 14, 1980. Council, at the November 26th meeting, directed the City Attorney to prepare the ordinance effecting the re- zoning. The City Manager presented Ordinance No. 85-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF CG (GENERAL COMMERCIAL) DISTRICT, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 3.98 ACRES, LOCATED ON THE NORTHEAST CORNER OF U.S. #1 AND EVE STREET IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". The City Manager read the caption of the ordinance. - 7 - 12/10/79 3~o The City Attorney noted that there is one minor amendment on page 2 under subparagraph (d). It reads "That deceleration lanes be provided at the entrance to the project"; it should then read "subject to the approval of the City Engineer" and then continue on with the rest of the paragraph. Mr. Bird moved for the adoption of Ordinance No. 85-79 on First Reading subject to the amendment specified by the City Attorney, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor %~ekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Chapin stated that when he came before Council two weeks ago seeking approval of this ordinance, he talked about the phasing of two office - buildings. He meant to ask Council, at that time, to permit the appli- cant, Knight Enterprises, Inc., to have four years in which to develop that property. The Planning & Zoning Board recommended three years in which to develop the project; there was some debate among the members o_ that Board as to whether putting a time frame was a proper planning con- sideration and the majority unanimously approved 36 months. He is asking that subsection D on page 2 of this ordinance be changed from 36 months to 48 months so that the phasing can be accomplished. In light of the market conditions and in light of the fact that this is a phase development, it seems only appropriate in the phasing concept of a twin story office to permit 48 months. He can see no possible detriment to the City by allowing this. The City Attorney pointed out that the time limitation as it is presently written in the ordinance applies to the time period within which 25% of the total cost of the improvement has to be installed; not the total development completed. Mr. Frank Carey, Chairman of the Planning & Zoning Board, stated that at no time has their Board ever recommended anything beyond 18 months. There has been only one project that he is aware of that has extended beyond that and that was done by Council, not by the Board. The ordinance does say that Council has the power to set whatever time frame they want to establish and they told that to Mr. Chapin. Their argument against going beyond a reasonable limit is the fact that there are certain safeguards and limits when you put a lock on something. If down the road, Mr. Knight sees that he can't get it off the ground within that time frame, he is at liberty to come before Council and ask for an extension. Mr. Scheifley stated that a request like this seems to imply a lack of confidence in the financial stability of the project. It puts it on a highly speculative basis. Mr. Chapin replied that the request for four years has nothing to do with a lack of confidence; it relates to good common sense business planning of a development. Mr. Knight is not going to own this in entirety within 36 months because of the purchase back money mortgage- and he can assure Council that it is not going to get into the hands of anyone else. This is just good, sound, long-term financial planning an( it is not speculative. Mrs. Durante stated that it is no great hardship for the applicant to come back and ask for an extension. Mr. Scheifley added that if they vote for 36 months, there's nothing to prevent the appli- cant from coming back and asking for an extension. At this point the roll was called to the motion. 8.c. The City Manager reported that Resolution No. 97-79 relative to the City assumption of the Solid Waste Authority debt in the amount of $360,000~ is before Council for consideration. - 8 - 12/10/79 The City Manager presented Resolution No. 97-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ASSUMPTION OF THE INDEBTEDNESS REFLECTED IN THE OUTSTANDING REVENUE BONDS OF THE PALM BEACH COUNTY SOLID WASTE AUTHORITY IN REGARD TO THE TAKEOVER OF OPERATION AND OWNERSHIP OF THE TRANS- FER STATION BY THE CITY OF DELRAY BEACH, AND PROVIDING FOR THE ISSUANCE OF REVENUE BONDS BY THE CITY IN AN AMOUNT NOT TO EXCEED $360,000.00 FOR SAID PURPOSE AND FOR THE PAYMENT THEREOF. (Copy of Resolution No. 97-79 is on file in the official Resolution Book) The City Attorney advised that a minor change was made in the resolution at the suggestion of the City Finance Director on page 2 right above Section 5 to read "The Bonds shall bear interest from January 1, 1980" which is the projected takeover date. Mr. Bird moved for the adoption of Resolution No. 971-79, 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. Before roll call the following discussion was had: Mr. Scheifley asked the City Manager if this subject will be of prime con- cern when rates are discussed for garbage and trash for the next fiscal year. The City Manager replied yes, that this will be part of the con- sideration. Mayor Weekes stated that it is already a part of the rate structure and this is a more economical way for the City to go than the way they are going today. He also pointed out that this will be funded by the issuance of ten revenue bonds bearing an interest of 6.98%. At this point the roll was called to the motion. 8.d. The City Manager reported that the following quotations have been received for the purchase of an ice machine for the Delray Beach Country Club: Bidder Quotation Mr. Ice Machine Company $1,735 West Palm Beach Atlantic Refrigeration, Inc. 2,200 Delray Beach Couse Corporation 4,115 West Palm Beach It is recommended that the contract be awarded to the low bidder, Mr. Ice Machine Company, in the amount of $1,735 by passage of Resolution No. 98-79, with funding to come from the 1978 Utility Tax Revenue Bond Issue. The City Manager presented Resolution No. 98-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF AN ICE MACHINE FOR THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 98-79 is on file in the official Resolution Book) - 9 - 12/10/79 Mr. Young stated that he wonders if the actual equipment has been considered here rather than just the price. His condominium just purchased one and they ignored the low priced machine because it did not have the facilities that the next higher priced machine did. He asked the City Manager if he has looked over the specifications. The City Manager replied that he hasn't but the proper people at the Country Club and the Finance Department have and they came to him with the low bid recommendation. Mayor Weekes stated that personally he always relies on the recommendation of the Administration; he has always found that they do their homework on these matters and he assumes that the same applies in this instance. He would be willing to go along with it but there does seem to be a great disparity in the price of these machines. Mr. Scheifley moved for the passage of Resolution No. 98-79 on the condition that the City Manager with his people take another look at this to make sure they're satisfied with the quality of the machine, seconded by Mr. Young. 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 City Manager reported that it is recommended that all the streets and storm drains in Pine Trail East be accepted as opera- tional by adoption of Resolution No. 99-79. The City Manager presented Resolution No. 99-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PINE TRAIL EAST, AS RECORDED IN PLAT BOOK 35, PAGE 174 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 99-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 99-79, 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.f. The City Manager reported that it is recommended that all the sanitary sewers and water utilities installed in Pine Trail East be accepted as operational by adoption of Resolution No. 100-79. The City Manager presented Resolution No. 100-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL EAST, RECORDED IN PLAT BOOK 35, PAGE 174 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCA- TIONS: N.W. 5TH COURT FROM 'BARWICK ROAD TO N.W. 45TH DRIVE; N.W. 45TH DRIVE BETWEEN N.W. 5th COURT AND N.W. 6TH COURT; N.W. 6TH COURT BETWEEN N.W. 45TH DRIVE AND N.W. 45TH WAY; N.W. 45TH WAY BETWEEN N.W. 6TH COURT AND N.W. 5TH COURT AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVID- ING FOR MAINTENANCE FOR AND REPAIRS BY DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 100-79 is on file in the official Resolution Book) - 10 - 12/10/79 Mr. Bird moved for the adoption of Resolution No. 100-79, seconded by Mr. Young. 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.g. The City Manager reported that Resolution No. 101-79 to construct a "T" pile and slab type concrete seawall preventing erosion on a portion of Lots 12 through 19, Block 12, Osceola Park is before Council for consideration. The applicant, National Building and Realty Corporation, filed an application with the Army Corps of Engineers and the Department of Environmental Regulations to construct the seawall. Approval must be obtained from the City before the application can be processed. The City Manager presented Resolution No. 101-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUCTION OF A "T" PILE AND SLAB TYPE CONCRETE SEAWALL AND BACKFILL WHERE APPROPRIATE, FOR THE PRIMARY PURPOSE OF PREVENTING ERO- SION ON A PORTION OF LOTS 12 THRU 19 IN BLOCK 12, AS SHOWN ON THE OSCEOLA PARK MAP, SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 128 OF PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 101-79 is on file in the official Resolution Book) Mrs. Durante moved for adoption of Resolution No. 101-79, 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.h. The City Manager reported that Ordinance No. 75-79 relative to annexing Lot 10, Delray Beach Estates, 2440 North Federal Highway, subject to GC (General Commercial) District is before Council for con- sideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 13th 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. 75-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 10, DELRAY BEACH ESTATES, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~ICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL 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. (Copy of Ordinance No. 75-79 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 adoption of Ordinance No. 75-79 on Second and FINAL Reading, seconded by Mr. Young. 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. - 11 - 12/10/79 8.i. The City Manager reported that Ordinance No. 77-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Ordinance No. 70-79 relative to PERC. This ordi- nance was passed on First Reading at the November 26th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 77-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 166 OF THE FLORIDA STATUTES, AND CHAPTER 447 OF THE FLORIDA STATUTES, RE- LATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA, BY AMENDING ORDINANCE NO. 70-79, BY REPEALING A PORTION OF SECTION - 13A-8 (A)(7) RELATIVE TO EVIDENCE OF COMPLIANCE WITH THE REGISTRATION AND REPORTING REQUIREMENTS AND EVIDENCE OF BUSINESS AGENT; BY REPEALING ALL OF SECTION 13A-8 (A)(8) IN REGARD TO THE REPORTING OF CHANGES IN EMPLOYEE ORGANI- ZATION'S REGISTRATION, AND BY RENUMBERING SECTION 13A-8 (A)(9); AND BY REPEALING 13A-20(G) RELATIVE TO REVIEW OF COMMISSION ORDERS; PROVIDING FOR EFFECTIVENESS OF ORDI- NANCE NO. 77-79; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-79 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. Scheifley moved for the passage of Ordinance No. 77-79 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; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 78-79 relative to establishing a Code Enforcement Board is before Council for consider- ation on Second and FINAL Reading. This ordinance was passed on First Reading at the November 26th 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. 78-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CODE ENFORCEMENT BOARD; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR APPLICA- BILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR ORGAN- - IZATION, QUORUM, COMPENSATION, LEGAL COUNSEL, CLERK, AND RULES AND REGULATIONS; PROVIDING FOR COMPOSITION; PRO- VIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARINGS; PROVIDING FOR POWERS; PROVIDING FOR FINES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ENFORCEMENT ORDERS; PROVIDING FOR APPEAL; PROVIDING FOR SUBPOENA POWERS; PRO- VIDING FOR OTHER REMEDIES; PROVIDING FOR CODIFICATION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 78-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. - 12 - 12/10/79 The City Manager further reported that Council will recall that at the time this ordinance was being considered for passage on First Reading, he informed Council that he wanted to have further con- sultation with the City Attorney's office with regard to several of the items; they have done so and the City Attorney has drafted new language, slightly modifying some sections without any change of substance. The City Attorney reported that they are minor changes. There was one question raised concerning alternates and they are of the opinion that Council could, if they so desire, include alternates as part of the Code Enforcement Board ordinance as long as they are in the same category as the regular members and as long as an alternate would only serve in that category. If Council desires, he will have an amend- ment prepared that will be subsequently brought forward to do that. Mr. Scheifley stated that he feels very strongly that there should be at least one layperson on this Board; someone who isn't a businessman and isn't in any of those other categories. He asked if it would be appropriate to appoint two alternates in this category, either one to serve in the absence of one of the others. The City Attorney replied that it would not be appropriate. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Young inquired if there is no possibility of getting one of these people who come under these various categories, such as archi- tect, engineer, etc., is there any provision that a layperson may be appointed as an alternate. The City Attorney replied that there is a specific delineation in the Statute that sets forth these categories of membership and it is only in the event that they cannot find someone in those categories of membership that they have the latitude to appoint someone else, but they don't have the general authority under the en- abling legislation to have alternates who are laypeople and don't fall under these categories. In the event that they cannot find the people in one of these categories then, yes, they could go to a layperson. Mr. Bird moved for adoption of Ordinance No. 78-79 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.k. The City Manager reported that Ordinance No. 79-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances to prohibit the owners, agents or operators of certain motor vehicles from parking, storing or keeping said motor vehicles on property in any resi- dential zoning district. This ordinance was passed on First Reading at the November 26th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 79-79: 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 29-20(C)(2), "MOTOR VEHICLES PROHIBITED OR RESTRICTED IN RESIDENTIAL ZONING DISTRICTS", TO PRO- HIBIT THE OWNERS, AGENTS OR OPERATORS OF CERTAIN MOTOR VEHICLES FROM PARKING, STORING OR KEEPING SAID MOTOR VEHICLES ON PROPERTY IN ANY RESIDENTIAL ZONING DISTRICT IN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-79 is on file in the official Ordinance Book) - 13 - 12/10/79 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. Young moved for adoption of Ordinance No. 79-79 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; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.1. The City Manager reported that Ordinance No. 82-79, amending Chapter 19, Article V, "Pension Plan for General Employees" to eliminate the requirement of mandatory retirement age is before Council for con- sideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 26th 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. 82-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, ARTICLE V, "PENSION PLAN FOR GENERAL EMPLOYEES," BY REPEALING PARAGRAPH ONE OF SECTION 19-64 AND ENACTING A NEW PARAGRAPH ONE, BY AMENDING SECTION 19-81, BY REPEALING SECTION 19-82 AND ENACTING A NEW SECTION 19-82, BY AMENDING SECTION 19-84 (e)(1), BY AMENDING SECTION 19-84(e)(2), BY AMENDING SECTION 19-85(A)(1), BY AMENDING SECTION 19-85(B)(2), AND BY AMENDING UNNUMBERED PARAGRAPH TWO OF SECTION 19-90 TO ELIMINATE THE REQUIREMENTS OF A MANDATORY RETIREMENT AGE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 82-79 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. The City Attorney pointed out that there was a minor change on page 1 under Section 2 adding the words "or his normal retirement date, if later" which was suggested by the pension plan consultant. Mr. Scheifley moved for the passage of Ordinance No. 82-79 on Second and FINAL Reading with the minor correction as stated by the City Attorney, 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.m. The City Manager reported that Ordinance No. 83-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 19, Article IV, "Pension Plan for Police- men and Firemen" to include police officers in training in the defini- tion of "employee". This ordinance was passed on First Reading at the November 26th meeting. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 83-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19, ARTICLE IV, "PENSION PLAN FOR POLICEMEN AND FIREMEN" BY AMENDING SECTION 19-31 (6) TO INCLUDE POLICE OFFICERS IN TRAINING IN THE DEFINI- TION OF "EMPLOYEE"; PROVIDING'A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 83-79 is on file in the official Ordinance Book) - 14 - 12/10/79 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 adoption of Ordinance No. 83-79 on Second and FINAL Reading, seconded by Mr. Young. 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.n. The City Manager reported that Ordinance No. 38-79, amending Chapter 2 "Administration" of the Code of Ordinances enumerating the municipal departments is before Council for consideration on First Read- ing. The proposed ordinance is needed to update the out-dated listing that now appears showing only Police, Fire, Public Works and Water. The proposed ordinance lists all current City departments. The City Manager presented Ordinance No. 38-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 2-1 AND ENACTING A NEW SECTION 2-1, ENUMERATING THE MUNICIPAL DEPARTMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 38-79 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.q. The City Manager reported that Ordinance No. 86-79 amending Chapter 8 "Boats, Docks and Waterways" of the Code of Ordinances to pro- vide for the regulation of construction of docks, dolphins, finger piers and boat lifts is before Council for consideration on First Reading. This was discussed at the September 17th workshop meeting. The City Manager presented Ordinance No. 86-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS, DOCKS AND WATERWAYS" BY ENACTING A NEW ARTICLE II TO PROVIDE FOR THE REGULATION OF CONSTRUCTION OF DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS; REQUIRING A PE~4IT FOR THE CONSTRUC- TION THEREOF; REQUIRING MAINTENANCE THEREOF; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Young asked if any inquiry has been made to the Corps of Engineers or the Coast Guard with regard to this ordinance. The City Manager replied not that he knows of. The City Attorney stated that he thinks the City Engineer has checked with DER and the Corps of Engineers and also the South Florida Water Management District. The City Manager reported further that at the time this came up for discussion before Council, a member of Council asked that they check out the implication of passage of this ordinance to see how many such facilities they presently have that may be in drastic violation of the provisions of the proposed ordinance. That was done and it appears that there are relatively few; eight was all that they could locate presently in existence that violate the maximum width provision, the most important part of this ordinance. The ordinance provides that the maximum projection be five feet and there were four docks discovered that are eight feet, two that are seven feet and two that are six feet. - 15 - 12/10/79 Mr. Bird stated that he is not comfortable about voting on this ordinance and he would like to see it go to workshop. Mr. Young moved for adoption of Ordinance No. 86-79 on First Reading with the understanding that they will discuss it at a workshop meeting prior to bringing it back for Second and FINAL Reading. The motion died for lack of a second. In response to Mr. Scheifley, Mr. Carey stated that you have to have a permit to build a dock, but there are no regulations as to how you build it, how far out, where the dolphins are or anything like that. Mr. Bird moved to refer this item to workshop, seconded by Mr. Young. 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 City Manager reported that the Planning & Zoning Board at a meeting held on November 27th, recommended by unanimous vote that the zoning ordinance be amended to allow a resource recovery plant in the MI (Medium Industrial) District. Council may act on this recom- mendation or refer it to a workshop meeting. Mrs. Durante moved that the City Attorney be directed to prepare the ordinance, seconded by Mr. Bird. Said motion passed unani- mously. 10. Mr. Bird reported that he attended the testing of the voting '~quipment in West Palm Beach last Friday. He further stated that the City Charter by selection of the first Tuesday in March has put the City in a position where they are going to pay for two elections within a week because the presidential preference primary will be held on the llth of March and the City election will be on the 4th of March. He recommended that some consideration be given to a change in their date so that they can have their ballot simultaneous with the presidential preference for two reasons: 1) they may have a greater turnout and 2) most of the costs are then borne by the County rather than the City. Mr. Scheifley stated that some time ago they appointed an ad hoc committee of about eight people and they worked hard and diligently to come up with this Charter. He thinks that Mr. Bird brought up a question which deserves consideration and he wonders whether they can ask that group to have a meeting to discuss Mr. Bird's suggestion. He further stated that he feels that the December 1st date on their elec- tion procedure is much too early. Mrs. Durante stated that she thinks that the matter of changing the City's election time was researched by the League of Women Voters. 11. Mayor Weekes reported that the Solicitations Committee has approved the request of the American Cancer Society to hold their drive March 16th through March 29, 1980, and has recommended approval. Mr. Young moved for approval of the request, seconded by Mr. Bird. Said motion passed unanimously. 10. Mr. Scheifley moved that they refer the item that Mr. Bird brought up to a workshop meeting, seconded by Mr. Young. Said motion passed unanimously. Before roll call, Mr. Bird asked the City Attorney what the time requirement is if they choose to make a Charter amendment to put on the ballot in March. The City Attorney replied that he would have to check the State Statutes and get back to Council on that. At this point the roll was called to the motion. 12. Mayor Weekes asked if anyone would care to guess what the voter turnout will be for the Bond Referendum tomorrow and the response was as follows: Mr. Young - 18%; Mr. Scheifley - 13%; Mr. Bird - 12½%; Mrs. Durante - 10%; Mayor Weekes - 15%; and City Manager Mariott - 16%. - 16 - 12/10/79 Mayor Weekes declared the meeting adjourned at 9:05 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of December 10, 1979, which minutes were formally approved and adopted by the City Council Onto /~/~O . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 17 - 12/10/79