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09-13-78SpMtg SEPTEMBER 13~ 1978 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 12:00 Noon, Wednesday, September 13, 1978, with Mayor Leon M. Weekes presiding, City Manager J.Eldon Mariott, City Attorney Roger Saberson, and Council Members Robert D. Chapin, Charlotte G. Durante and James H. Scheifley present. Councilman Aaron i. Sanson, IV., was absent. Mayor Weekes called the meeting to order and announced that same had been called for the purpose of (1) Considering Rainberry Lake Site Plan and (2) Considering adoption of Re- solution No. 77-78 approving the filing by Planned Parenthood of an application for grant funds and for the City to be re- sponsible for the local match. Prior to consideration of the first item, Mayor Weekes stepped down due to conflict of interest and Vice-Mayor Chapin assumed the chair. 1. Vice-Mayor Chapin advised that this item has been dis- cussed at workshop and also at the regular Council meeting of September 11, 1978. Mr.Sanson has requested that the following letter concerning this subject be made a part of the record. "September 12, 1978 Mrs. Elizabeth Arnau Clerk of the City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: REPORT OF PLANNING & ZONING BOARD Relative to Site & Development Plan Approval - Rainberry Lake Dear Mrs. Arnau: It is my understanding that the City Council at a meeting to be held at noon on Wednesday, September 13, 1978, at the City Hall, will consider and act upon the report of the Planning and Zoning Board recommending that the site and development plan approval request for Rainberry Lake be approved. Will you please make known and register my strong objection to approval of Rainberry Lake Site Plan be- cause it does not make adequate provision for impact on traffic arteries, including signalization require- ments. Sincerely yours, /s/ Aaron I. Sanson, IV." Mrs. Durante moved to sustain the recommendation of the Planning and Zoning Board subject to the comments as outlined in the Planning Director's August 22, 1978 memorandum and the August 23,1978,CAB meeting minutes, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Vice-Mayor Chapin - Yes. The motion passed with a 3 to 0 vote. Before roll call, the City Attorney stated that this matter was tabled at the September 11,1978, meeting at his request so that he could check into whether or not the project would con- stitute a DRI (Development of Regional Impact) under Chapter 380 of the Florida Statutes. The City Attorney advised that he has dis- cussed the matter with the general counsel for the division and has received the information from them that the threshold that would apply to the project as far as the enforcement attitude of the division would be the 3,000 unit threshold rather than the 2,000 that was in effect when Rainberry Bay was first begun. The City Attorney further advised that Rainberry Bay was begun approximately a year ago. At that time Mr. Sanson raised the question as to whether it was or was not a DRI. There was information submitted to the Division by Mr. Siemens that the units to be built in the project, includin9 the land area en- compassing the current project, Rainberry Lake, would be somewhere in the area of 1900+ units. The City received back information that the site plan at that particular time would not constitute a DRI because it was under the threshold. The plans that have been actually submitted to the City, in July of this year and which were heard by the Planning and Zoning Board on August 15, 1978, change the number of units in the project from the 1900+ that were in- dicated previously to over 2,000 units. It was that change that led the City Attorney to the conclusion that there was a poss- ibility that the project could be construed to be a DRI and it was for that reason that he requested the City Council to permit him to check that out. Roll was taken on the motion at this time. Mayor Weekes returned to the Chambers and assumed the chair at this time. 2. Mayor Weekes advised that consideration should be given to the adoption of Resolution No. 77-78 approving the filing by Planned Parenthood of an application for grant funds and for the city to be responsible for the local match. Mayor Weekes presented Resolution No.77-78. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AUTHORIZING AND APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS UNDER THE FLORIDA FINANCIAL ASSISTANCE AND COMMUNITY SERVICES ACT; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER PROVISIONS OF SAID ACT. (Copy of Resolution No. 77-78 is on file in the offical Resolution Book). Upon question by Mr. Scheifley, the City Attorney ex- plained that under State Statutes this particular grant requires the City to be financially responsible for the local share as a condition of the grant and they request that the City acknowledge this in the form of a resolution so that the Department of Community Affairs will know at the time they pass on a grant re- quest that the local agency is, in fact, in favor and will finan- cially stand behind it in the event that the delegate agency does not. The total grant request for the State is $50,000; the local match is $50,000. $25,000 of the local match is going to be pro- vided in cash and $25,000 provided in in-kind services. Mr. Chapin advised that in the past two years, the Planned Parenthood organization, to protect the City, has put in escrow the exact amount of money that is required. The passbook for this savings account is kept by the Finance Director and there is no financial exposure whatsoever to the City; Planned Parenthood needs a governmental agency to act as a sponsor and this does not cost the City a thing. Mr. Scheifley moved for the passage of Resolution No. 77-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. Mr. Chapin moved at 12:14 P.M., for the adjournment of the meeting, seconded by Mrs. Durante. The motion passed unanimously. -2- 9/13/78 City Clerk 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 September 13, 1978 which minutes we, re formally approved and adopted by the City Council on _~~~7~.~ /~ 7~ .. · // 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 in- volve some amendments, additions, or deletions to the minutes as set forth above. -3- 9/13/78