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12-04-78 DECEMBER 4, 1978 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:03 P.M., Monday, December 4, 1978, with Mayor Leon M. Weekes presiding and City Manager J. Eldon Mariott, Assistant City Attorney Clifford Shandy, and Council members Robert D. Chapin, Charlotte G. Durante, John E. Gomery, Jr., and James H. Scheifley, present. 1. The Lord's prayer was recited in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Scheifley moved for the approval of the minutes of the regular meeting of November 27, 1978 and the special meetings of November 17, 1978 and November 20, 1978, seconded by Mrs. Durante. Said motion passed unanimously 4.a.1. Mr. Chapin stated that he met with County Commissioner Gregory at the Courthouse on Thursday morning of last week and he brought Mr. Gregory up to date on the ongoing relationships between the City and the County, particularly with the relationship pertaining to the 5 acres south of Miller Park. Mr. Gregory assured him he was fully familiar with the County's agreement to purchase that acreage and turn it over to the City for the City's use and development. He told him that he was establishing an office here in the South County Courthouse Annex and Mr. ChaPin will arrange for any members of Council who would like to meet with Mr. Gregory and he feels they should do so individually rather than as a group to avoid any compli- cation with the sunshine law. He is pleased that they have some cooperation in the offing. 4.a.2. Mr. Chapin stated that through the efforts of the City Manager, he has arranged a meeting with Ned Brook, the Council's representative of the Metropolitan Planning Organization, Frank Carey and himself to discuss adequate funding for improvements of roads in the west section of the community so that the improvements in the greater Delray Beach area, hopefully, will not be shortchanged and Delray will receive its fair share of improvements in the year 2000 plan. He will keep Council aware of any developments in that effort and he is pledged to get some results. 4.a.3. Mr. Chapin stated that he feels that the report from the Fact Finding Committee in regard to the allegations~ of police brutality and discrimination in and among the Police Department ranks at the top of those reports that he has been privileged to review in terms of its completeness and its thoroughness and he thinks that the eight members of that committee deserve a vote of thanks for their coming forward in this community and giving of their time, talent and service. They laid their names and reputations on the line in so doing it and they deserve the gratitude of this Council and he personally thanked them for their extraordinary efforts. 4.b.1. Mr. Gomery stated that he would also like to thank and to compliment the Fact Finding Committee on their work which was very well done. 4.b.2. Mr. Gomery called Council's attention to the fact that the Boca Council, last week, agreed to sue the County Commission to try to straighten out the dual taxation. For two years the City residents were given about 1½ mills break on the sheriff's road patrol and it has been taken away in the last two years and Boca wants their money back and wants it reinstated. 4.c.1. Mr. Scheifley stated that last Friday he was interviewed by Channel 5. He told them that he would not comment on the substance of the report of the Fact Finding Committee but he did comment on the committee. He said he had full confidence in the committee. He feels it was an outstanding job, a fine committee and an excellent report. 4.d.1. Mayor Weekes stated that he wished to echo the praises given by the other members of Council in regard to the work done by the Fact Finding Committee. He further stated that he deliberately and pur- posely did not discuss that report during the time that the committee was convening. He was prepared to accept the findings of the committee and had he selected a committee himself, he could not have chosen a better one than City Manager Mariott chose. The report is probably one of the most complete, clearest, reports that he has ever read and he added his personal thanks to those who served on the committe and especially to Mrs. Durante and to Mr. DeWitt who chaired it. He hopes that the public and the press will accept that report. 4.d.2. Mayor Weekes also stated that he expects to see Mr. Gregory once informally on Friday of this week and once formally the first part of next week. 5.a. Mr. Tore Wallin stated that some time ago an ordinance was passed regarding sewer charges and then the City was turned down by the Federal Government and it was referred back to the engineer to come up with some charges. He wanted to know where that stands today. The City .Manager stated that it~is still being worked on. They do not have a proposal as yet. 5.b. Alice Finst, 707 .Place Tavant, stated that. since the Mayor is going to see Mr. Gregory, she hopes that he would pursue the issue of the park land in West Delray that the City endorsed in July or August of this year. 6.a. The City Manager reported that there is going to be a movie that was brought about just today. He imagines that not too many people in Delray Beach have had the opportunity of seeing what the ocean bottom looks like. He had not bad that opportunity until just recently. Just a few months ago at Captiva Island at an annual con- ference of the Florida Shore and Beach Preservation Association held jointly with the American Shore and Beach Preservation Association, one of the items on that crowded program was a showing of slides and the giving of a narrative by a representative of the Arthur V. Strock Consulting Engineering Firm with regard to the environmental monitor- ing of Delray's Beach Restoration project. Mrs. Durante, who has seen the presentation, thought it would be well if members of City Council and any other interested people could get to see it. The same Strock representative that gave the showing at the conference at Captiva Island will give it .tonight. He is Richard H. Spadoni who is an Ocean Engineer and a Biologist with the Arthur V. Strock & Associates, Inc. Mr. Spadoni came forward and showed slides and gave a narrative. The presentation dealt with the erosion project and the underwater sea life in Delray Beach. Following the presentation, Mr. Spadoni answered questions from the Council and members of the public who were present at the meeting. Mayor Weekes thanked Mr. Spadoni for his presentation. 6.b. The Assistant City Attorney reported that the City Attorney's office recommends that Council consider passing a motion stating "that the City Council ratifies and confirms the inclusion of the revisions to the Civil Service Act as done by the City Clerk". Mr. Chapin moved that Council ratify and confirm the inclusions of the revisions - Ordinance No. 66-78 and Chapter 67-1284 to the Civil Service Act as done by the City Clerk, seconded by Mrs. Durante. Said motion passed unanimously. 6.c. The ASsistant City Attorney reported that the City Attorney's office recommends that Council consider passing a motion stating "that the City Council ratifies and confirms the inclusion of Ordinance Nos. 66-78 and 68-78 into the City Charter as done by the City Clerk". - 2 - 12/4/78 Mr. Chapin moved that Council ratify and confirm the inclu- sion of Ordinance Nos. 66-78 and 68-78 into the City Charter as done by the City Clerk, seconded by Mrs. Durante. Said motion passed unanimously. The Assistant City Attorney reported that in addition to the two motions that were already made, they should have a third motion approving the City Charter and Civil Service Act as revised by the City Clerk and directing the City Clerk to file the revised Charter and revised Civil Service Act with the Department of State. Mr. Chapin moved that Council approve the City Charter and Civil Service Act as revised by the City Clerk and direct the City Clerk to file the revised Charter and revised Civil Service Act with the Department of Stat~, seconded by Mrs. Durante. Said motion passed unanimously. 7. There were no petitions and communications. 8.a. The City Manager reported that Ordinance No. 78-78 amending Chapter 9 "Building Code" of the Code of Ordinances relative to consolidation of construction boards has been prepared for Council consideration on Second and FINAL reading. This ordinance was passed on First Reading at the November 13th meeting. The City Manager presented Ordinance No. 78-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING CODE" OF THE CODE OF ORDINANCES BY ENACTING A NEW ARTICLE IV ESTABLISHING A BOARD OF CONSTRUCTION APPEALS TO HEAR APPEALS CONCERNING INTERPRETATION OR ADMINISTRATION OF THE PROVISIONS OF CHAPTER 9, "BUILDING CODE"; CHAPTER 13, "ELEC- TRICITY''; AND CHAPTER 21, "PLUMBING"; ESTABLISHING AN APPEALS PROCEDURE; REPEALING SECTIONS OF THE AFOREMENTIONED CHAPTERS ESTABLISHING AND GIVING POWERS TO THE BUILDING CODE APPEAL BOARD, ELECTRICAL EXAMINING BOARD, PLUMBING BOARD, AND STANDARD MECHANICAL EXAMINING BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 78-78 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. The Public Hearing was closed at the November 27th meeting and passage of the ordinance on Second and FINAL Reading was tabled for the City Attorney to reword Section 6E providing that a vote of not less than five members shall be required to adopt any affirmative action of the Board. Mr. Gomery moved for the passage of Ordinance No. 78-78 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that an application has been received from HDV Construction Corporation, Seymour Dubin, to annex a 4.586-acre parcel of land, subject to RM-10 (Multiple Family Dwelling) District. The property is presently used as a trailer camp and the proposed use is multiple family rental apartments and club. The Planning & Zoning Board at a meeting held on November 28th, recommended by unanimous vote that the property be annexed subject to the RM-10 zoning. Since this request for RM-10 zoning conforms with the pro- posed land use plan, approval of the annexation is recommended. This property is presently zoned in the County as commercial in part, and single family in part. It is recommended that the City Attorney be directed to prepare the ordinance effecting the annexation. - 3 - 12/4/78 Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board in regard to Mr. Dubin's request for annexation subject to RM-10 zoning and that the City Attorney be directed to prepare the ordinance, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. The City Manager reported that Council, at the November 27th meeting, upheld the recommendation of the Planning & Zoning Board that the rezoning request of a parcel of land from R-lA (Single Family Dwelling) District to R-1AA (Single Family Dwelling) District, located in Section 12-46-42 on the east side of Barwick Road between Lake Ida Road and the L-30 Canal be approved. Council should direct the City Clerk to comply with Chapter 166.041 of the Florida Statutes to notify the affected property owners. Mr. Scheifley moved that the City Clerk be directed to comply with Chapter 166.041 of the Florida Statutes and notify the affected property owners of this rezoning, seconded by Mr. Chapin. Said motion passed unanimously. 9.c. Mayor Weekes reported that the petitioner has requested that this item be removed from the agenda tonight. Mr. Siemens is in New York and could not be here for the meeting and he asked that Council defer it to the next meeting. Mayor Weekes declared the meeting adjourned at 8:20 P.M. Clerk ATTEST: MAY.OR 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 4, 1978 which_~inutes were. formally approved and adopted by the City Council on ~<~-d~0 /// f~f. 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. - 4 - 12/4/78