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01-24-77
JANUARY 24, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, January 24, 1977, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members John E. Gomery, Jr., David E. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. 1. The opening prayer was delivered by Reverend Robert Klemm, Trinity Evangelical Lutheran Church. 2. The .Pledge of Allegiance to the Flag of the United States 0f America was given. 3. Mr. Weekes moved for the approval of the minutes of the regular meeting of January 10, 1977, seconded by Mr. Randolph. Mr. Sanson questioned Item 6.a.1. regarding tabling discussion concerning the Gold Coast CB Center. Mr. Gomery replied that the matter has been settled, so there was no need to bring this matter up for discussion at this Meeting. The motion passed unanimously. 4.a. Mayor Scheifley stated he would deviate Slightly from the Agenda, and introduce Senator Jim Scott. Senator Scott informed the Council and audience that his area gOes from Naples to Collier County, most of Broward, part of Palm Beach up to Boynton Beach, and including much of Delray Beach. He and his committee are dealing with a complete revision of the election laws, and also the Sunshine Law. In many instances, he stated, the Sunshine Law and its interpretation by the Attorney General has hampered local government to the point where representatives of the taxpayers are at a disadvantage in dealing with negotiating property matters, contracts, collective bargaining with public employees, and other matters. Senator Scott stated his office is in Fort Lauderdale, and he would be willing to answer questions, or accept suggestions from anyone. ~r. Weekes commented that this was the first time anyone visited after ~being elected, and Council~was most appreciative. 4.b. Mr. Gomery complimented the City Administration on the prompt action they took last week during the cold weather in reporting that there was a place to go to in the event of sickness or elderly in the family. Also, in the column "News and Views" Mr. Gomery was glad to hear of the lowering of the accident rate. 4.c. Mr. Sanson questioned the status of the discussions that were to be held on the mausoleum. City Manager Mariott said nothing had transpired on it, but it will be brought up at the next Workshop. 4.d. Mr. Weekes stated that he would like to have the proper o-~cials investigate the possibility of a traffic signal at the corner of.North Swinton Avenue and 22nd Street, as it is a very busy intersec- tion. There are currently four stop signs, and it is hazardous. The school bUses going to and from Atlantic High School daily create a traffic problem. 4.e. Mayor Scheifley directed his remarks to Senator Scott concern-' .ing"'Resolution No. 7-77, relative to Beach Erosion Control functions, and stated he attended a meeting in Tampa, of the Directors of the Florida League of Cities. The Mayor made reference to the Tampa paper concerning an interview with Senator Spicola, in which Senator Spicola was attacking the Florida League of Cities as being a poor organization. Mayor Scheifley, along with the Directors of the Florida League of Cities, questioned why this attack took place, and why Senator Spicola had proposed a statute exempting labor temples from ad valorem taxes, and putting them in the same category as churches.- 4.f. Mayor Scheifiey~said recognition should be given to Mr. Watty DU'n~ar, who has b~:en active in the City; he was also E×ecutive Director for the Beach Taxpayers League for a number of years, and has been active in sponsoring ordinances and opposing ordinances. Mr. Dunbar 'will be leaving tke area shortly, and the City of D~lray will be sorry to see him go. b a. ]~,~.,~ F~£<:,~,.!, 13=~) ~; W. 20th c questlonefl why, when the new traffic .!.'i. ghts were put up downtown, the left turn signals were climinot,_~d on Atlantic Avenue. City Manager Mariott replied that he would get a r©sponse from the City's Engineering Department. 6.a. City Manager Mariott stated the City received notice from the County that the Atlantic Avenue Bridge will be out of operation for repairs between 7 P.M. and midnight, on January 25, 1977. 6.b. Mayor Sc~cifley advised that Mr. J. Morgan Mikell is retiring as president of Sun National Bank, and has been a trustee of the Police and Fire Fighters Pension Fund for thirteen Years. Mr. Mikell has attended the meetings regularly, and has been a valuable member. Therefore, on behalf of the City, Mayor Scheifley presented a Service Award to Mr. Mikell for his long and faithful service as a member of this Committee. 6.c. City Manager Mariott stated that this City-County Inter- local Agreement is a~ extension of an existing agreement between the Cit of Delray and Palm Beach County with regard to the Community Development Program. This is a three-year federally-funded program. In the first year, the City was able to ge~ county allocation of funds in the amount of $5.0,000 to pay-for the architectural .work for the Pompey Park Building, and for the upgrading o~ sub-standard housing. The second .: year's funding was about half the construction cost of the Pompey Park Building, and the third year funding, it is hoped, will be for the balance of the construction financing. City Manager Mariott. recommended that Council authorize the execution of the agreement with the County that is similar in nature to the existing agreement. It would be for the period October 1, 1977 to September 30, 1978. Mr. Sanson stated this developed two years ago when he first came on the Council and the Citz originally submitted an applica- tion to receive funds on its own; however, the County Commission desired to be the Lead Agency. In order to qualify for this, they needed a gross population of 200,000 people in the County. The way the County got this was by the cities of Riviera Beach and Delray Beach agreeing to beccme a part of their application, thereby fore- going Delray's right to submit applications on their own. Mr. Sanson read from quotes of Past newspaper articles (1) January 8, 1975, a quote cf Mr. Mariott's "going it alone, we could ask for $500,000 of the $605,000 available for the cities in the County. If. we go through the County, we might not do so well." (2) January 23, 1975, "we.hope to get at least $200,000 of the $600,000 available to communities within Palm Beach County." ' Mr. Sanson stated that Delray Beach, at that time, joined the County and then news came that Palm Beach County had been awarded more than one million dollars for the grant. The County submitted joint applications with 19 municipalities and we are only counting on $605,000 the first year, but approximately sixteen million over the six-yea~ period. A year later, Mr. Jefferies came back before Council and we had not received $1.00 of fund~. During that period, Mr. Jefferi~% set up nice offices with some 25 or 30 employees. When he asked Mr.. Jefferies how soon the City would see some money, he assured him it would be very soon. There was another six months before the City received word we might 9et~ the $50,000 for architectural fees. .The City had submitted three requests (1) Pompey Park (2) Substandard. housing,.and one other project which he doesn't remember. Delray Beach finally received $50,000, although there was no verification that money was received insofar as he knows. Last summer, he asked for a report and was told that Delray would be getting.money perhaps for Pompey Park, but it is uncertain when or if the full amount would be received. He would like to know when the City will start seeing.some of the money. Mr. Randolph replied that he'knows of two homes that materials have been delivered to, old boards have been torn off and new ones put on; in fact, the home of the Hayes'is now under rehabili- tation. At a property on 10th Avenue, there are preparations now to start rehabilitation. He pointed out that red tape in governmental operation is somethJ, ng that must be lived with. Mr. Randolph said the City will not see th(~ money in cash, but will see it more so in action than in a draft for a certain amount of money. Mr. Randolph further stated that he would not like 'to take the time now, but would like to take Mr. Sanson around to some of the homes being upgraded to see .what is being .done. -2- ]./24/77 City Manager Mariott stated ther~ is absolutely no way he would advocate, at this time, that it would be in the best interest of Delray Beach and its people to abandon the County and attempt to go it alone on the program. It is true we don't have cash in the bank, but this is not the kind of program that works that way. The City does have a firm $50,000 allocation from the County to draw on as needed for architectural services. The City has a second year firm alloca- tion from the County of about $200,000 that the City can draw against to pay the contractor. There is every reason to believe that we will receive the balance of the cOnstruction money needed for construction of the Pompey Park Building and the third year funding that will be covered by the agreement on the Agenda. City Manager Mariott further added he has never had more cooperation from any governmental, agency than this one and the City has nothing to gain in an attempt to change at this point. Mr. Sanson added he realizes it would be very bad at this time, but he does'not feel the City was given what we were told we would receive. City Manager Mariott advised Mr. Gomery this was a verbal update on the program and if Council wanted it, he could give a memo further explaining. Mr. Randolph moved for the execution of a city-county Interlocal Agreement relative to the Community Development Program, seconded by Mr. Gomery, said motion passing unanimously. 6.d. City Manager Mariott stated that Council should consider passing a motion directing the City Clerk's office to give proper notice to property owners in Chatelaine in accordance with the Home Rule Act that will eventually lead to rezoning. Mr. Sanson inquired what has been done, if anything, upon his question concerning the exclusion of nonconforming homes. City Manager Mariott stated that Jim Vance's office was contacted, and an answer should be forthcoming by the time the ordinance reaches Council. Mr. Sanson moved that the City Clerk give the appropriate notice under Chapter 166 of the Florida Statutes for rezoning in · accordance with the 1500 square foot limitations, Chatelaine R-lAB zoning classification, seconded by Mr. Randolph, said motion passing unanimously. 6.e. City Manager Mariott recommended that Council authorize the making of the final payment in the amount of $4,630.65 to the contractor for the construction work on the Sanitary Sewer System No. 13, Part A, Gravity Sewers. (Orton Construction Co.) Mr. Randolph commended the contractors who performed the work, and stated they tried not to inconvenience people. In the evening when the contractor would leave, if he had openings in people's driveways, he would see that they were backgraded so they could get their cars out. Mr. Randblph moved for final payment to the contractor for Sanitary Sewer System No. 13, Part A - Gravity Sewers, seconded by Mr. Weekes, said motion passing unanimously. 6.f. City Manager Mariott recommended that Council, by motion, approve the final Estimate Reconciliation Agreement which authorizes payment to Asphalt Paving .Company of Florida, Inc., in the amount of $11,348.50 for the Sanitary Sewer System No. '13, Part B- Lift Station and Force Main. Mr. Weekes moved that final payment be made in the amount of $11,348.50 to Asphalt Paving Company of Florida, Inc., for'Sanitary Sewer System No. 13, Part B, seconded by Mr. Randolph, said motion passing unanimously. ~gz_. City Manager Mariott stated the purchase of this property, (Lot. 1, Block 4, Whidden's Subdivision) part of which is needed for right-of-way purposes, will permit the improvement of N.W. 1st Street between N.W. 10th Avenue and N;W. i4th Avenue. The purchase price of this lot is $3,500. The money will come from the $600,000 Street and SideWalk Bond Issue. Mr. Sanson moved that the Administration be granted permission to purchase Lot 1, Block 4, Whidd~n's Subdivision, part of which is needed for right-of-way purposes, in the amount of $3,500, said funds to come from the $600,000 Street and Sidewalk Bond Issue, seconded by Mr. Weekes, said motion passing unanimously. 6.h. City Manager Mariott recommended that Council approve the Agreement between the South Central Regional Wastewater Treatment ~ and Disposal Board and the City of Delray B~ach -- Supervision of Construction of the Regional Sewage Treatment Facility. The City Manage~ pointed out that there was one word in the contract that Delray Beach did not want in the contract, and others did. Th~ word is "responsive." The City Manager stated he wrote some verbiage during one of the sessions participated in by Mr. Canon, Mr. Startzman, and himself. The City Manager asked that.the verbiage be added to Section 4.. of .t~a. cQntra~t. The verbiage he wanted to add was: "It is understood that responsive in.this section is defined to mean 'giving consideration, giving an answer, responding, which may be either in the affirmative or in the negative to the request." The City Manager stated he felt, with the addition, that this would clearly define what responsive is intended to mean in this particular contract without having to gO to different dictionaries with perhaps a different connotation. It was not thought wise to add it to the contract by Mr. Canon and Mr. Startzman. They agreed with the definition as written, and their conception of the word .'~responsive" meant approximately the same as City Manager Mariott had written it; however, they did not want to put it in the contract. In the interest of getting an agreement on the contract, ~he City Manager compromised and agreed to go with the contract without having the word defined. Mr. Sanson asked the City Manager if he is saying that his definition of the word "responsive" is how he just worded it. City Manager Mariott replied that is his definition and is the way 'he would have liked it, but it was left out. Mr. Sanson asked if this was the way "responsive" was defined between the City Manager, Mr. Canon, and Mr. Startzman. City Manager Mariott replied he wrote what he just read and all three agreed, but it was not put in the contract. Mr. Sanson then asked for detailed minutes of this discussion and specifically make sure that the minutes reflect the definition as City Manager Mariott has just. stated and that in City Manager Mariott's comments it was a mutual agreement of all three' parties. Mr. Gomery questioned one item that is not in the Agreement ~n Paragraph 14, which concerned insurance. Mr. Gomery suggested that the Board purchase Comphrensive General Liability and Workmans Compensation. These policies would probably be subject to a minimum - premium; this was not discussed at the Sewer Board Meeting. Mr. Weekes stated he had talked to Mr. Canon concerning this, and also to Mr. Galloway of Atlantic Insurance Agency, and Mr. Canon feels that he has the authority to purchase the insurance without Board approval. Mr. Weekes moved for the approval of the Agreement between the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach, seconded by Mr. Gomery. Upon roll call, Council v~ted as follows: Mr. Gomery - Y~s; Mr.-Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to. 1 vote. -4- 1/24/77 6.i. City M~]~,ger Mariott star, cd it was ]~:i.s interpretation, in reference to waiving p(~mit fees, that Council %vas not agreeable to waiving thu permit ~ce for the Regional Sewage Treatment Plant, and wished to attempt to secure the permit fee reimbursement from EPA through the normal channels. If that failed, Council would be agree- able to employing the phraseology in Section 8 of the contract in an attempt to secure an equivalent amount of money that the fees might' be expected to bring. Delray Beach feels that it was a Regional Plant, and that all the'participants should-have the priviledge of partici- pating Dna prorata basis in the operation and in the expense that might be involved. Additionally, Delray Beach and Boynton Beach would each advance $10,000 to cover the $20,000 expected total fee cost for the permits. The $20,000 would possibly be put in escrow. The City Manager obtained minutes of the Boynton Beach Council meeting held on January 18, 1977, which authorized the City Manager to put $10,000 in escrow for this purpose;-this is in variance to what Delray Beach Council agreed to. Bo~nton Beach did this with the understanding that Section 8 of the contract would be used as the vehicle for payment of money in lieu of fees withou-t reference to payment of the fees at all. City Manager Mariott did not think Section 8 should be used, except as a last resort. City Attorney Saberson posed the question: Does Delray Beach want to proceed from the standpoint that the fees are going to be paid, and if they are reimbursable, Boynton Beach will get a refund of part of that money? In the event that it is not reim- bursable, the fee will remain paid as is. If'Section 8 is used, Delray will have to itemize each thing done in the inspection and bill the Board for that separately, Then, there still is a question of whether or not that is reimbursable. If'it is not reimbursable that way, it is not payable under Section 8. Mr~ Canon stated .that it was his understanding that since Delray Beach is responsible for pursuing the construction of th~ project, Delray will issue 5he permits, and charge ~or whatever the permits cost. When he receives the bill for the permits, he will split them and Boynto~] Beach and Delray Beach will pay each of their halves. Mr. Weekes read from Boynton Beach's minutes, which 'stated that Mr. DeMarco moved to put $10,000 in escrow simultaneously with Delray Beach, and ~he bill shall be submitted to the CEO for approval, and forwarded to the City Manager, and a letter shall be immediately sent to Delray Beach advising them of this action by the Council, and Section 8 shall be pursued for the reimbursement of the funds. Mr. Weekes moved that the Council agree to the arrangement, seconded by Mr. Sanson. Since Mr. Weekes had included Section 8 in his original motion, Council decided he should withdraw the motion. Mr. Weekes withdrew his motion, and the second by-Mr..Sanson was also withdrawn. Mr. Weekes moved that the City of Delray Beach issue ~he necessary permits for the conStruction of the plant, and any incidental items to be constructed in connection with it, and that coincidental with the issuance of the permits, the City of Delray. Beach will issue a bill to the South Central Regional Wastewater Treatment and Disposal Board which bill will be circulated to Boynton Beach for immediate payment of their share ($10,000) of the permit fees, seconded by. Mr. Sanson, said motion passing unanimously. 6.j. City Manager Mariott stated that the SCRWTD Board, at its January 13, 1977 meeting, voted to authorize the Nuttings Engineers of Florida, Inc., ~o p~rform certain testing services for the Regional Facility and that action should be ratified by each City Council. Mr. Gomery moved that Council authorize Nuttings Engineers of Florida, Inc., to perform testing services at the Regional Sewage Treatment Facility, seconded by Mr. Sanson, said m~tion passing unani- mously. -5- 3./24/77 ........... , ......... '~ c and s:,'t I:i.£'ica t:ion should be con;:sidcred by Council. Mr Randolpli moved for the approval of tile ,Ci{WID Board Resolution No. 2-77, relative to submittin9 application for federal assistance, secondod by Mr. Comcry, said motion'passing nnanimously. 6.1. At the Workshop Meeting of january 19~ 1977~ C~uncil discussed settlement of the George Clemens' lawsuit. Mr. Weekes moved that Council authorize the City Attorney to enter into a settlement agreement with Mr. Clemens on the same basis, terms, and conditi6ns, and for the same money as the Papy case, seconded by Mr. Sanson .. Mayor Scheifley'asked City Attorney Saberson for his opinion on this case. The City Attorney stated tie had indicated to Council, the last time the matter came up, that it was his reco~endation, and - 'Mr. Blue and Mr. Becker, it not be settled for the ~]ount of money discussed, and on the terms and conditions discussed.. When the issue was discussed before, %he City Attorney said there was a difference between the recommendation regarding Mr. Clemens and that of Mr. Papy, which was agreed to between Mr. Oxner representing George Clemens and Mr. Blue; this was that the City will not hereafter give a negative reco~endation with regard to his foyer employment with the City of' Delray Beach. In the Papy case, the language was that the City would give an affi~ative and favorable reco~endation as to his performance as a police officer; the cases are different on their facts, as well as the procedures. City Attorney Saberson said his reco~endation is not to settle it at this time. If Council wants to settle the case, it should be done in accordance with the October 8, 1976 letter .that was written to Council by City Attorney Saberson concerning the case, and further subject to details which Mr. Blue, Mr. Becket, and City Attorney Saberson, work out with Mr. Oxner. After discussion, Mr. Weekes withdrew his motion, and the second to the motion by Mr. Sanson was also withdrawn. Mr. Weekes moved thee. the City Attorney be instructed to' enter into negotiations settlements with Mr. Clemens''attorney on the same dollar amount as was arrived at with Mr. Papy, and subject to the conditions of the letter of October 8, 1976, seconded by Mr. Sanson. Mr. Randolph stated he understands the provisions of 'said' letter, 'but wants to know what it mea~s th'at the City will not hereafter give a negative reco~endation with regard to former employ- ment with the City of Delray Beach. City Attorney Saberson stated as far as he is concerned, what it means is that the City will not give out information concerning his employment, (Mr. Clemens) either favorable or nonfavorable. Mr. Sanson said the individual must write down his former employment, and where he was for that portion of his life; the subsequent employers will be contacting the City asking about this. The City Attorney asked what kind of a recommendation can the City give that would not be negative -- that wou.ld not be favorable; just say that Mr. Clemens worked for the City for a certain - period of time, and yes, he was a police officer. Mr. Randolph stated that if he' was seeking Mr. Clemens in his employment, he would ask whether he was or was not a good police officer (affirmative or negative). Mr. Randolph felt, if 'an affirmative or negative respo~e would be given, it should be given basically the same as it was given for Mr. Papy. Mr. Randolph stated he believes that if this is not settled, the City is going to spend over $25,000 in attorney's fees between now and the time it is settled; it should be ended on a note that is not objectionable to Mr. Clemens. Mr. RandOlph said the October 8, 1976 letter is not acceptable to him. M~. Gomery noted the insurance c~pany would pay $6',000 to~{ards the Papy case and $500 towards the Clemens' case. Mr. Randolph moved to amend the motion that if Council settles, they settle for the same amount and under the same conditio~ as the Papy case, rcgardless of what the insurance company does, seconded by Mr. Sanson. Upon roll call, Council voted as roi. lows: Mr. Gomery - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes Yes; Mayor ScheJ. fley - No. Tho motion passed with a 3 to 2 vote. (The vote was on the motion as amended) City I"~,'~l~'~_l~l~ Mar.lot:t r~:,l~'~'~d tl~tl. {.',,~nc].] d¢,cided at its ,3'a~lu~ry 17, 1977 Wo.t:]:~;l~ot~ Mect.:i.~g, to Mr. Mol?ga, ri Zook as a member of tile B¢)~llTd of ~['l-t]t;tees o:lf 'the Poi. ice and Firef:~ghters Ret. irement.~]y."~tem, to ]fill {~l'~c unexpired term of Mr. J. Morgan Mikell, which ends April 22, 197'/. Mr. Gomcry m~ved for the appointment of Mr. Morgan Zook as a member of the Board of Trustees of the Police arid Fire- f.ighters Retirement System, seconded by Mr. Randolph, said mo~ion passing unanimously. 6.n. The City Manager reported that in compliance with require- ments set forth in Chapter 12 of the City's Code of Ordinances, Council. should appoint Clerks and Inspectors to conduct the upcoming election. City Manager Mario~t stated there have been a number of amendments concerning the list of appointees for Clerks and Inspectors. It is suggested that the list of possible appointees shown below, from which sufficient numbers of Clerks and Lnspectors will be selected by the City Clerk, be approved by Council: Annette Abramson Ena McFee Rose H. Bang. Ruth Murray Kathryn Blum Edna B. Neuhoff ._ Rudolph Brey · Lillian Ouellette Anne S. Bright Annette A. Parisi LaVira B. Brin Adrienne Renaurt Lens Brunner - .. 'Henrietta Riegter Marian Buscemi A.W. Risker Thomas Cherry Gladys V. Risker .. Loretta E. Costello Helen Robinson Peter Costello ErneSt Schier _ .V~rginia M. Davlin Lina Schroedel-- Beatrice Dearstyne Ann Seltzer Sara A. Deneen Claire L. Siefert Sheldon Edmond ' " .Annie Rose Sloan Ellen Fowler William A. Stuiber, Jr. George Feeley Martha M, Swem Gloria A. Galloway /" 'Billy Jo Swilley - E].]~n M. Gender ' Lillian Tag?~r Thelma M. Goodwin. '- Marie L. Taylor William Hawkins Lenora Thomas William L. Higgins Pat Weststein Lemon Ivy' Deborah Woodside Virginia Katzman Hallie E. Worthing Charlotte G~ Kii~l Chester Wright Mellie Kole'an Pear~ Wright Iverson Laster L.L. Youngblood Rose M. Markey Mary Walsh Mayor Scheifley requested a letter be sent to Jackie Winchester requesting that a precinct be established for High Point. The City Clerk will send the letter to Jackie Winchester. Mr. Gomery moved for the appointment from the list of Clerks and Inspectors furnished at this meeting, seconded by Mr. Sanson., said motion passing unanimously. 6.0. City Manager Mariott reported that Council informally agreed at the January 17,.1977 Workshop meeting, to appoint Mr. Paul Friend to fill the recently vacated seat by Mr. Palmatier on the Solid Waste Authority Citizens Advisory Committee. The City was asked some time ago by the Solid Waste Authority to submit a name for their consideration. The Solid Waste Authority will select the name from several cities, and they will be selecting three as regular members and one as an alternate member. Mr. Friend is willing to accept this nomination. Mr. Gomery moved for the nomination of Mr. Paul Friend as a member of the Solid Waste Authority to the unexpired term of Mr. P~].matier, seconded by Mr. Randolph. 7.a. City Manager Mariott stated that a communication has been ~eCdived from the Wayside Guild, Inc., requesting permiss~.on to solicit funds from March 27, 1977 through April 9, 1977, approval of which is recommended by the Solicitations Conunittee. 1/2~Z77 Mr. Gomery stated he understands that this is to be postponed until next Fall, and they will resubmit the request. Mr. Gomery moved that the reques~ from the Wayside Guild, Inc., requesting permission to solicit funds from March 27, 1977 through April 9, 1977, be rejected, seconded byMr. Randolph,~ said motion passing unanimously. 7.b. City Manager Mariott rePorted a request has been received from Reverend L.S. Phillip for a permit to erect a 40' × 60 ' tent 'on property located on the southwest corner of N.W. l~0th Avenue and West Atlantic for the purpose of conducting a religious revival during the period from February 17th through March 3, 1977. This revival has the approval of the Ministerial Association. In addition, Reverend Phillip has submitted a letter from Mr. Harry Hagwood, owner of the property on which the tent is to be erected, giving his permission, as well as a certificate stating that the tent has been flame retardant treated. It is recommended that Council authorize the approval of the application. Mr. Sanson expressed concern in setting a precedent in terms ~f whether there is a need for a religious revival~to last this lengthy period and have the City subjected to this on one of its most heavily traveled streets. City Manager Mariott replied~this happens frequently and would not be setting a precedent. It has been done from time to time in the seven years he has been here, and City require- ments are rather rigid. Mr. Sanson was of the opinion the same purpose could be accomplished if they were able to use the Catherine Strong Center or some other church. Mr. Randolph replied this has~been done on the ' same property as long as he has been in the City and has not been · objectionable.Upon question by Mr. Sanson, Mr. Randolph replied he does not feel this would disturb the residents in the area. Upon question bY Mr. Sanson as to what basis this item comes to Council for approval, the City Attorney advised under Section 17.2.1~ of the City Code. Mr. Sanson questioned if by giving approval does the City in-any way make itself, liable if the tent were to fall down and hurt people.. City Attorney Saberson replied anytime Council approves something and there is some sort of damage, the City is liable to get sued. Reasonable steps have been taken to try and alleviate any problems that might come up. Mr. Weekes moved that Council grant permission for Reverend Phi%lip to hold his revival from February 17, 1977 to March 3, 1977, in accordance with the City Code, seconded by Mr. Randolph, said motion passing unanimously. 8.a. City Manager Mariott recommended adoption of Resolution No. 1-77 requesting permission from the Palm Beach County Board of - Commissioners to rezone Lots 20', 21, 60 and 61, Delray Beach Shores from RM (Residential Multiple Family) (County Zoning) to R-1AA (Single' Family Dwelling) District (City Zoning) The City Manager presented Resolution No. 1-77: A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF C~UNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTE 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RM (RESIDENTIAL FAMILY) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING DISTRICT.) (Copy of Resolution No. 1-77 is attached to the official copy of these minutes) Mr. Sanson moved for the adoption of Resolution No. 1-77, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson -. Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. ~.b. City Manager Mariott stated that at th<~ Januar?~ 17, l!y'?7 Workshop Meeting, it was decided Council. would consider pa:;sage of a resolution expressing a preference that the Linton Bridge not exc¢~e~k four traffic lanes and opposing future widening of State tlighway A1A to more than two traffic lanes. The City Manager presented Resolution No. 2-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REAFFIRMING TIIE SUPPO~%' OF THE CITY OF DELRAY BEACH FOR Tile PROPOSED CONSTRUCTION OF A SOUTH TWELFTH STREET BRIDGE (LINTON BRIDGE) OVER THE INTRACOASTAL WATERWAY. REQUESTING THAT'THE PROPOSED BRIDGE BE LIMITED TO FOUR LANES FOR VEHICULAR TRAFFIC AND THAT ANY ADDITIONAL LANES BE UTILIZED FOR BEAUTIFICATION AND/OR LANDSCAPING PURPOSES AND OPPOSING ANY PROJECTED FOUR LANING OF A1A OCEAN BOULEVARD. (Copy of Resolution No. 2-77 is attached to the official Copy of these.minutes.) Mr. Weekes stated he noticed that with the material Council received, ~here was a resolution before them in addition to the one that was furnished with Council material. He questioned whether there had been changes in the wording, to which City Attorney Saberson replied that there were two: Typographical changes in the fifth Whereas Clause, changed to read "WHEREAS, the construction of a four-lane South 12th Street Bridge would, in and of itself, not require the four-laning of A1A Ocean Boulevard." Secondly, in Section 2 (the second to last line) changed the word "would be" to read "to be." Mr~ Weekes pointed out that the location of the bridge was r~ferred to as South 12th Street, instead of Linton Boulevard. The Mayor said when the plans for the bridge were started, there was not a Linton Boulevard; it has only been named that for about four years. Mr. Weekes moved that Council adopt Resolution No. 2-77 with the amendment that wherever South 12th Street appears in the · resolution, the words parenthetically be added"Linton Boulevard," seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Before roll call on the motion, the following discussion was had.- Mr. Sanson moved that the fourth "Whereas" clause which states "and any ~additional laning be utilized for beautification and/or landscaping purposes" be deleted. Also, in Section 2 which states "with any additional lanes that may be constructed as part of said bridge to be used for beautification and/or landscaping purposes" 'be deleted. The motion died for lack of a second. Mr. Sanson stated he could see no reason for Council to specifically state that a six-lane bridge is necessary or Council is in favor of a six-lane bridge, and he doesn't think Council should go so far as to say "we are in favor of a four-lane bridge anymore than we are not." He didn't know if i~ is possible for the bridge to be redesigned. Mr. Gomery moved that the fourth "Whereas" clause which states "and any additional laning" have "if built" added after that clause. The motion died for lack of a second. Mr. Sanson moved to amend the resolution instead of the words "any additional laning" use the words "any additional space or area." The motion died for lack of a second. Mayor Scheifley said he was in favor of the br~m]e as proposed as long as two lanes are blocked off. Mr. Sanson was not in favor of a six-lane bridge. Mr. Gomery said he did not want it. Mr. Weekes said no one wants it but it is a fact of life. Mr. Sanson moved that the fourth "Whereas" clause in · Section 2 state that the City Council of Delray Beach requests tha~ the new proposed bridge be limited to four lanes. The motion died for lack of a second. · Roll call on the original motion was had at this time. 8.c. City Manager Mariott stated that this was discussed at %he January 17, 1977 Workshop Meeting and passage of Resolution No. 3-77 would authorize the payment of compensation at the rate of $200 per month for administrative duties performed b~ the Chairman of the local PERC. The City Manager presented Resolution No. 3-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER. 13A-3 (b) ESTABLISHING THE COMPENSATION OF THE CHAIRMAN OF THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION. (Copy of Resolution No. 3-77 is attached to the official copy of these minutes) Mr. Gomery moved for the passage of Resolution No. 3-77, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;'Mr. Weekes - .Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.d. The City Manager stated that the following bids haVe been received for the opening, grading and paving of S.W. 2nd Terrace between S.W. 8th Avenue and S.W. 7th Avenue; S.W. 2nd Court between S.W. 8th Avenue and S.W. 7th Avenue and S.W. 7th Avenue between S.W. 2nd Street and S.W. 3rd Street. ~IDDER QUOTATION Hardrives of Delray, Inc. $24,275.00 Delray Beach Asphalt Paving 29,743.00 West Palm Beach The City Manager recommended that the award be made to t~e low bidder, Hardrives of Delray, Inc., in the amount of $24,275.00 by passage of Resolution No. 4-77. This improvement will be funded with money from the Special Assessment Fund. The City Manager presented Resolution No. 4-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT TO }~ARDRIVES OF DELRAY, INC., DELRAY BEACH, FLORIDA FOR THE OPENING, GRADING AND PAVING OF S.W. 2ND· TERRACE, S.W. 2ND COURT AND S.W. 7TH AVENUE,-AS PART OF A SPECIAL ASSESSMENT PROCEEDING PREVIOUSLY AUTHORIZED BY RESOLUTION NOS. 48-76 AND 64-76. (Copy of Resolution No. ~4-.77 is attached to the official copy of these minutes) Mr. Randolph moved for the passage of Resolution No. 4-77, seconded by Mr. Gomery. UDon roll call, Council voted as follows: Mr. Gomery.- Yes; Mr. Randolph - Yes; Mr. Sanson - Yes.; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed, with a 5 to 0. vote. City Manager Mariott stated that the following bids have been received for the opening, grading and paving for that part of Sterling Avenue extending~from Southridge -Road to-S.W. 4th Avenue. BIDDER QUOTATION Hardrives of Delray, Inc. $21,500.00 Delray Beach Asphalt Paving 29,793.00 West Palm Beach The city Manager recommended-that the award be made to the low bidder, Hardrives of Delray, Inc.',~in the amount of $21,500.00, by passage of Resolution No. 5-77. This improvement will be funded with money from the SPecial Assessment Fund. The City Manager presented. Resolution No. 5-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT TO · HARDRIVES OF~DELRAY, INC.,'DELRAY BEACH, FLORIDA -'FOR THE~OPENING, ~GRADING, AND PAVING FOR THAT · ~ PART OF STERLING AVENUE EXTENDING FROM SOUTHRIDGE ~ ~ ~'~ '- ~ ' ROAD-TOS"W.-4TH AVENUE, AS PART OF A-SPECIAL ASSESSMENT PROCEEDING PREVIOUSLY AUTHORIZED BY RESOLUTION NOS: 49-76 AND '65-76. --.~' - ~ ~ -" (Copy--Of Res01u~ion'No~ 5~77'is a~tached~'to~he official copy of these minu~es)- - ~ ~La~ ~_~..-~a~.~ Mr. Gomery moved for the passage of Resolution No. 5-77, seconded by'Mr. Rand61~h~' ~Upon ~oll~Call;~ CounCil voted as-follows: Mr. Gomery - Yes; Mrl ~Randolph~Yes; Mr~Sanson ---Yes; Mr. Weekes - Yes; Mayor Scheifley'~-~Yes~ The motion passed~with-a 5.to 0 vote. 8.f. City Manager Mar±ott stated that Resolution No. 6-77, is relative to application for Federal Funds in connection with the City's 701 Comprehensive Planning Program. The Planning and Zoning Board has recommended approval. The City Manager presented Resolution No. 6-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO INCLUDE THE CITY OF DELRAY BEACH IN ITS APPLICATION TO THE - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR LOCAL PLANNING ASSISTANCE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 1977. (Copy of Resolution No. 6-77 is attached to the official copy of these minutes) Mr. Randolph moved for the passage of Resolution No. 6-77,. seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;'Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Before roll call on the motion, Mr. Sanson stated he is beginning to find out again how Federal Funds creep out and gather up everyone and-how a lot of unnecessary funds get spent. By doing this, the City gets funds as does the Area Planning Board and the Treasure Coast Regional Planning Council for the same purpose. It seems that there is a lot of unnecessary planning and a lot of expendi- tures of taxpayers' funds. -ll- 1/24/77 J~..'Jt_' City Manager MarJ. ott stated that ]<~,~;olut..ion N('), 7.~7'/ opposing t'.he transl~er of '~ '~' e~ ~,~].on control permiht:.J, ng from r)NR to I)I~R has been prepared for Council passag~ consideration', lie slated it is a bad p:i. cce of legislation; it would transfer certain very critical duties from the DN}<, that has a lot of expertise in this field, to the DER, which has no experience in beach erosion control. The City Manager presented Resolution No. 7-77: A RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF DELRAY BEACH, FLORIDA, TO TttE I1ONOI'~BLE GUY SPICOLA, CHAIi~dAN, AND MEMB];R~ OF TItE SENATE COmmITTEE ON · NATURAL RESOURCES, STATE OF FLORIDA, STRONGLY OPPOSING SECTION 16 OF TIlE PUBLISHED PROPOSED LEGISLATION-ENTITLED ENVIRONMENTAL PE~ITTING, PRELIMINARY DRAFT, NOVEMBER 1976, T~NSFERRING CERTAIN BEACtt EROSION CONTROL FUNCTIONS FROM THE DEPARTMENT OF NATU~L RESOURCES TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION. (Copy of'Resolution No. 7-77 is attached to the official copy of these minutes) · Mr. Randolph moved for the passage of Resolution No. 7~77, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery- Yes; Mr. Randolph- Yes; Mr. Sanson- Yes; Mr. Weekes- Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.h. City Manager Mariott stated that the following bids have been rec%ived to furnish labor, equipment and material to repair and correct pavement and stem drainage problems at S.W. 2nd Street. BIDDER QUOTATION Oneman Engineering Company ' : $2,773.00 Delray Beach Lyons Construction Company , 3,850.00 Pompano Beach ' Asphalt Paving .Company 4,873.75 West Palm Beach The city Manager reco~ended that the award be made to'the low bidder, Oneman Engineering Company in the ~ount of $2,773.00 by passage of Resolution No. 8~77. This improvement will be funded from the 1970 Storm Drainage Bond Issue. The engineer's estimate was $3,50~. The City Manager presented Resolution No. 8-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTACT TO FURNISH L~OR, EQUIPMENT, ~TERI~ TO REPAIR AND CORRECT PAVEMENT AND STO~I D~INAGE PROBLEMS AT SOUTIgqEST SECOND STREET IN THIS CITY, IN ACCORDANCE WITH CITY SPECIFICATIONS AS INDICATED ON THE QUOTATION FOIl. (Copy of Resolution No. 8-77 is attached to the official copy of these minutes) Mr. Sanson questioned whether this was work relative to SOuthwest Drainage Project. City Manager ~ariott answered in the affirmative, and also said there were a number of complaints on the catch basins. Russell and Axon oversaw the work and approve: it as fit; ~r. Sanson questioned why then, is it the responsibilit~ of the City to make up for their mistakes, and why are they not bil~ed for this. Mr. Klinck, of Russell 'and Axon', stated that since drainage project was completed, there was a paving project in that area, and Russell and Axon had nothing to do with that. IIe stated .- that originally this was work connected with the Southwest Drainage Projcct, but the present condition is not the result of that. that wc~J:¢~ not dcvolol?cd, and they were lower tl~a~ tl~e and it was necessary to plttce the inlets-lower than the normal street elevatJ, on. Since that time, there has be(211 another-paving project that was done by others. This increased the thickness of the paving around those inlets, thus aggravating the condition to whaB it is now. City Manager Mariot% staked that it is not unusual, ah all to have a situa[:ion where a .drainage project is put in and Catch basins put in to accomodate the terrain that exists. At a later date, independent of that, the street would be paved, and when this is done, the thickness of the street is increased. This creates either low catch basins that remain there if the catch basins are not raised up at that time. They may either be' raised up, and paid for then, and have a smoother ride, or leave the catch basins low and they will catch more water than would be the case than if it was raised up. Apparently, he .concluded, what occurred in this case, when it was repaved, the -- catch basins were not raised. City Manager Mariott stated that he .does not feel it is anyone's problem. Mr. Sanson s~ated it has to be someone's probie~ and since we are basing our discussions on supposition instead'of fact, he, at this time, will not accept responsibility for the City having to pay for it by voting on this resolution. . Mr. Weeke~ moved for the passage of ReSOlutiOn No. 8-77, seconded by Mr. Randolph. Upon roll call, Council voted as ~ollows: Mr. Gomery - Yes; Mr.~ Randolph - Yes; Mr. Sanson - No; Mr. -Weekes - Yes; Mayor Scheifley - Yes. The motion passed 'with a 4 to 1 yore. 8.i. The.City Manager stated Ordinance No. 48-76 amending Chapter 7 "Beaches" of the Code of Ordinances regarding storing or leaving- ~- boats on the beach is being presented for Council consideration on Second and Final Reading. This ordinance was passed on First Re~ding January 10, 1977 meeting. Prior to consideration of passage of this ordinance on Second and Final Reading, 6 public'hearin~ .has been Scheduled to be held at this time. ~ -~' ~- ' .... The. City Manager presented Ordinance No. 48-76: ..... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF-DELRAY " BEACH, FLOR]DA, 7~1~i~DiNG CHAPTER 7 "BEACHES;; OF T}iE · CODE OF OP~INANCES OF THE CITY OF 'DEL~Y BEACH BY ~dENDING SECTION 7-1 TO CREATE A NEW SUBSECTION (16) . REGARDING STORING OR. LEAVING UPON THE BEACH OF ANY . 'BOAT: DELETING SUBSECTION 17, PERTAINING TO POLICE ]POWERS FOR LIFEGUARD C!tIEF; ~NUMDERING SUBSECTION (16); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ~(C0py of Ordinance No. 48-76 is attached %o the official copy.of these minutes) The City Manager read the caption o.f the 'ordinance. A Public Hearing was held having been legally advertised jn compliance with the laws of the State of Florida and the-Charter of ~he City of Oelray Beach. , Mr. Robert FederspieI, 2140 Catherine Drive, Delray Beach, ;pQke concerning the boats on the beach; he does not feel this is a problem, lie stated he would like to have the Council consider . designating a portion of the north beach for that purpose. He has experienced difficulty in attempting to launch the boat from the south .end of the beach due to the traffic problem. The light is directly at the p.oint where he must back his car up with the trailer and direct it into the ramp. · The ramp is not safe,, and once his car is backed in and the boat unloaded, he must leave his trailer some- where, lie feels there may be more of a problem with people injuring themselves playing on trailers that are left in the parking lot, and on the traffic hazards that are created, than a problem with leaving. tile boats on any portion of the beach. Mrs. William Matthews, 1024 White Drive, spoke and said her association (Beach Property Owners AsoociatJon) forwarded a complaint on this boat probit,m; there were only several boats on the beach at that time. SiDce the complaint was made, h{}wever, .there are several other aspects that have l)een brought to ]~cr attention. She skated that none of the otl~er communities allow boats on tl~e ,~ul)lic beaches. ~ l)olray sl~ou].d be the only beach whicl~ p~-~rmits peop'].e to leave their {-s ].,~ga].].y o~i tThe beach, wl~at ].J.k].J.l~ood is there t}~at ill a brief 1~ .~] of t.lm{~, many. boats from at',ywl~(~]Te wJ.].l be o~ 17. h~2 ~]] :LL w,'~:: .p,)~:,-' ,' 'Ll~,'tl: an o.~:dinance cou].d be writ:ten which would .I i.(.:(.u~;(~ pa~'king a boat on the beach for a ]lee. limited to xx::~:i.(.'tc,~.[::~ of t.h(~ (;ommunfty. Thfs would el~mina~:e out of town residents us.ing' :[(: as a palt'kJ, n9 [)lace. Mr. Brown, 8f-0 lligh Point Drive, stated he previously had a ]:)()(:,[: when he lived in Hollywood, and he had to pay in a harbor. tie see~ ~o reason Why the people who do not have boats, should lose t:he u..:~e o:f any beach; he does not think the City has enough public beaches, lie is in favor of the ordinance. - The Public Ilearing was closed. Mr. Sanson concurred that some restrictions must be placed on this; he is in favor of' seeing those restrictions. Ite is not entirely against the idea of having a certain section of the beach ii. mit. ed where it would not be offensive to any residents, and if possi]:~].e, the boats could not be seen from A1A. This could be taken care of at the nor'thern part of the beach. He believes there should be some ki. nd of fee. Mr. Sanson moved for .the passage of Ordinance No. 48-76, on Second and Final Reading, seconded by ~r. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Ye's; Mr. Sang, on - Yes; ~r. Weekes - Yes; Mayor Scheifley - Yes. The motion passed wJ.-th a 5 to 0 vote. Mr. Sanson moved for this subject to be put on the agenda of a fu'tuz'e W~rkshop, seconded by Mr. Gomery. Upon roll call, Council voted as :follows: ~r. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. Weekes moved to reconsider delaying the effective date of havin~ to have the boats removed, seconded by Mr. Gomery. Upon roll ca~ll, Council voted as follows: Mr.~ Gomery - Yes; Mr. Randolph - Yes; 'M~:. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motic, n ?assed with a 5 to 0 vote. Mr. Gomery then moved to amend the ordinance to make the effec-ti~re date 45 day~, seconded by Mr. Weekes. This will allow the City tithe to discuss providing a place to park the boats. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes.~ ~dr. Sanson--Yes'; Mr. Weekes -Yes; Mayor Scheifley- Yes. The motion passed with a 5 to 0 vote.. 8.j. City Manager Mariott stated that Ordinance No. 53-76 is to be presen'ted for passage consideration on Second and Final Reading. This ordinance, if passed Will ~end Chapter 27 "Water and Sanitary Sewerage" of the City's Code of Ordinances. This ordinance was passed on First Reading at the January 10, 1977 meeting. [The City Manager presented Ordinance No. 53-76: AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING CHAPTER 27 "WATER ~D SANITARY SEWE~GE" OF THE CITY'S CODE OF .' ORDINANCES BY REPEALING SECTION 27-2 (b) ~D INSERTING A NEW SUBSECTION (b) TO ADD CHARGES FOR METER INSTALLATION, FIE HYD~TS AND WATER CONNECTIONS AND EXCEPTIONS TO WATER CONNECTION CHARGE; ~ENDING SECTION 27-2 (C) RELATIVE TO SURCHARGE; REPEALING SECTION 27-3 (a) (b) AND (c). AND INSERTING A NEW SUBSECTION (a) (b) AND (C) ~TES FOR WATER .,. INSIDE ~D OUTSIDE CITY; '~dENDING SECTION 27-28 (a) TO ADD THE WOR~ "UNIT"; FURTH~]R ~{ENDZNG SECTION 27-28 (a) TO PROVIDE A S~WER SERVICE CHARGE FOR ALL T~ILER PARKS SERVED BY CITY W;tTER; ~ENDING SECTION 27-28.1 TO ADD EXCEPTION TO SENER CONNECTION CHARGE; REPEALING ALL ORDINANCES. OR PARTS OF ORDINANCES IN CONPL:[CT IIEREWITIt; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, (Copy of Ordinance No. 53-76 is attached to the official copy of these minutes) A ]'ub].ic llc~a~yJ, ng was licld hav.i.J~U been ]c:u,~llY advc~rt:ised i~ c:omplialicc~ witt~ the laws of thc ~:';tate of F].orida and the Chart(~r of thc C~t5 of De].ray Beaclt. There being no objections, the Publ:[c llearing was clo~3cd. Mr. Weekes moved for passage of Ordinance No. 53-76 on Second and Final Read:i.ng, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Y'es; Mr. Sanson -No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.k. CJ. ty Manager Mariott stated that Ordinance N0. 3-77 reducing the required insurance coverage for Leadership Cable Television Systems from $10 million to $5 million dollars has been prepared for Council consideration on First Reading. This was discussed at the January 3, 1977 Workshop meeting. The City Manager presented Ordinance No. 3-77: ~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING ORDINANCE NO. 29-74, SECTION 6 (c) BY REDUCING THE REQUIRED INSU~NCE COVE~GE FROM $10 MILLION DOLLARS TO $5 MILLION DOLLARS ' . -- Mr. Sanson moved for the passage of Ordinance No. 3~'77 · on First Reading, seconded by Mr. Randolph. Upon roll call, CounCil voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson -- Yes; Mr.-Weekes - Yes; Mayor Scheifley - Yes. The motion passed 'with a 5 to 0 vote. 8,1. ' City Manager Mariott stated that Ordinance No. '4'-77 ........ . amending Chapter 4 "Alcoholic Beverages" of the Code of Ordinances ' regulating the sale and use of alcoholic beverages has been prepared . -for passage consideration on First Reading. The City Manager presented Ordinance No. 4--77: ~ ORDIN~CE O~ THE CITY COUNCIL OF THE CITY OF~ DEL~Y BEACH, FLORIDA, ~NDING CH~TER 4 "ALCOHOLIC BEVE~GES" OF THE CODE OF ORDINanCES OF THE CITY OF DEL~Y BEACH BY ~.ENDING SECTION 4-2, HOURS OF SALE; CONSUMPTION AND DELIVERY WHEN SALES PROHIBITED; TO ADD A SUBSECTION (b); EXEMPTION FOR SERVING AND CONSUMING IN PRIVATE HOMES; PROVIDING A SAVING CLAUSE PROVIDING AN EFFECTIVE DATE. ' Mr. Gomery moved for the passage of Ordinance No. 4-77 on First Reading, seconded by Mr. Weekes. Upon .roll call, Council vo{ed as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;.Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion p~ssed with a 5 to 0 vote. 8.m. The City Manager stated Ordinance No. 5-77, establishing regulations for the selection of architects, engineers, landscape architects and land surveyors when needed in accordance with the Consultants' Competitive Negotiation Act has been prepared for Council consideration on First Reading. This was discussed at the January 17, 1977 Workshop meeting. The City Manager presented Ordinance No. 5-77:' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH',. FLORIDA ESTABLISHING ~GULATIONS FOR THE SELECTION OF ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECTS AND LAND SURVEYORS WHEN NEEDED IN ACCORDANCE WIT]I TIIE CONoUL_ANTS COMPETITIVE NEGO~ IAI ION ACT, FLORIDA SIAI(TE 287 055; PROVIDING A SEVE~BILITY CLAUSE. Mr. Weekes referred to Section 3, Paragraph l-A; it ends by stating that "by publishing a notice ir, a local newspaper." Mr. Weekes believed that what should be added should say "or such other publication as may be deemed advisable." Depending upon the type of work that :i.s need~,(! 'to be performed, perhaps advertis~ment cou].d also be done i~t ,'~ trade journal, or another publication beside~; the locz'~l ~ews)?al~,.~". IIe further stated that the Section says thak "the advcrtiscm~n[: may be mai]ed to qualified firms;" ther~ may be other firms tl~,'itt may haw~ an interest in the project.. Itc felt this wording may .:t].(ngthena- -, the ordinance. City Attorney Saberson noted- thaL ~]~e statutes state that the announcement in each insta~ce shall be made in a uniform and consistent manner. That indicaLes that it should be made in the same setting each time. Mr. Weekes referred to Section 5. It states "the City Council shall, within a reasonable amount of time, conduct discussions with no less than three persons or firms regarding their qualifications, etc." Mr. Weekes objected very strongly to this statement. There would be a problem if the City would not have three bidders. He - does not believe the Council should be sitting and interviewing architects, engineers{ and other professional people every time a contract comes up. Mr. Sanson stated that he feels that if the City Manager is allowed to rank the firms, it is abdicating any responsibilities th'at Council has for selecting the firms; the State law dictates that whomever is ranked first has to be negotiated with. City Attorney Saberson said there are two functions: One is ranking, and the other is negotiation. The ranking, under this ordinanpe, is done by Council. The. actual negotiation of the contract, .terms,. and the price, is done bY the Administration. ~ ~ Mr. Weekes' stated he is agreeable to accepting ~he Ordinance as. it is presented. He said the State has given a vehicle whic]i must be adhered to. . ~ Mr. Randolph did not agree with certain sections of the article because it will leave most of the selection to the well- established, historical firms in the area. This will eiimJnate some good people; there may be one or two people in a firm as opposed to a firm of 15 or 20. It will make the selection process difficult. Mr. Sanson moved for the' passage of Ordinance No. 5-77 · on First Reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr.~ Gomery - Yes; Mr. Randolph - Yes'; Mr. Sanson - Yes; Mr. Weekes -- Yes'; Mayor Scheifley -. No. The motion passed with a 4 to 1 vote. '.9.a. The City Manager reported that the Planning and Zoning Board, at a meeting held on December 21st, recommended by unanimous .vote that the following changes to the site plan for Imperial Villas, southeast corner of the intersection of Lowson Boulevard and Dover Road be approved: (1) Building containing units 153 and 154 is to become a single _ family residence; (2) Building containing units 111 and 112 is to become a single family residence; (3)Building containing units 121 and 122 is to become a single. family residence; (4) Building containing units 103 and 104 is to remain a duplex residence, but the building is to be moved back so as to provide four (4) parking spaces in front. This has the'effect of reducing.density by three dwelling 'u~ts and. making a minor modification with regard to parking spaces. Council ean either act upon the Planning and Zoning Board recommenda- tion, om refer it to a Workshop meeting. Mr. Gomery moved to sustain the recommendation by the Planning and Zoning Board at a meeting he!d on. December 21, 1976, in regard to the changes in site plan for Imperial Villas, seconded by Mr. Randolph, said motion passing unimously. - 16 - /// 9.b. City Manager Martell reported that the Planning and Zor~J~ng Board, at a meeting held on January 18'th, recommended bv unanimous vote that the abandonn'~ent of a drainage eascment located within tile Pine Trail flubdivision, southeast corn{':r of the intersection of Lake Ida Road and Military Trail be approved subject to t_he requirements of the Lake Worth Drainage District and Palm Ben, ch County. Mr. Weekes moved to sustain the recommendation by the Planning and Zoning Board, re].a-tive to abandonment of the drainage easement in Pine Trail Subdivision, seconded by Mr. Rando].ph, said motion passing unanimously. 9.c. City Manager Mariott reported that tile Planning and Zoning Board, at a meeting held on January 18th, recommended by unanimous vote that the final plat for Pines of Delray (Phase III), located .on the south side of Lowson Boulevard, between Homewood Boulevard and the E-4 Canal, be approved subjec~ to compliance with all require- ments of the Lake Worth Drainge District as stated in thei~ January 13, 1977 letter. Mr. Randolph moved to sustain the recommendation by the PlanniRg and Zoning Board, relative to final plat for Pines of Delray, seconded by Mr. Weekes, said motion passing unanimously. 9.d. The City Manager reported an application has been received from David and Mary Kuhn to annex a 14,626 square foot parcel of land subject to the R-1AA (Sinqle Family Dwelling) District The subject property is in Section 8-46-43, and is located at the southwest corner of the intersection of N.W. llth.S~reet and N.W. 5th Avenue. Since this request for R-1AA zoning is in .conformance with the existing City and County zoning for this area, it is ~ecommended that Council request the City Attorney to prepare an ordinance effecting the annexation. Mr. Gomery moved that the City Attorney be instructed to prepare an ordinance effecting the annexation of the property located at the southwest corner of the intersection of N.W. tlth Street and N.W. 5th Avenue, seconded by Mr. Sanson, said motion passing unanimously. 10. The City Manager recommended that Council authorize 'payment of the City's bills. Mr. Sanson questioned the bill to Smith, Young & Blue, and also to Mr. Arthur Sprott. The City Attorney advised the check to Smith, Young & Blue was regarding the Clemens' case, and the City Manager adviSed the check to Arthur Sprott concerns an appraisal performed. Mr. Weekes moved that Council authorize payment of the C~ty's bills, seconded by Mr. Randolph, said motion passing unanimously. Genera]. Fund ..... . . ...... ' . $1,327,132.65 Water & Sewer Fund .......... 18,738.00 Cigarette Tax ............ 6,040.00 Utility Tax Fund ........... 4,075.85 Special Projects Fund ........ 64,279.05 Mr. Gomery moved for tile adjournment of the meeting, seconded by Mr. Sanson, said motion passing unanimously. The 'meeting was adjourned at 10:10 P.M. City Clerk ]./24/77 11~ L:D[II?i/~. EWE ~''':'''' ~''~'''' "" :' ~"; ~"~'~' '" ~'~'"~ :~""~',' ':'"'"' .' ',.~,-,..,,_,,..,, .. ~ ,/ ,,, PART B . ,.)~aCe oE Flo:ida (fi) Count>, CiW or other Political Subdivision; Arency is a mfi~ of [check one]: ( )" ; ' ~os[lion }mId jn Agency: . ~_,.c.~,t: .... (.,,/.~.,, ~ PART C ' ~EMORANDUbI' OF CONFLICT 0I,' IN't'ERES't;' tN A VOTIN(; SITUATION [l{cquired b!l ~ 112.3143, F.S., ]975]. I~ you have voted h~ your official capaciW upol} a~y measure in which you had a personal; prNate, or professional inb ~'hich inures to your special priva~ gain or the spc. cial private gain of any principal by whom you are retained, disclose the nature of your interest below. I. Deseripti0n of the matter upon width you vot~i ~n your official capacity: ~ Description of the personal, private, or profe:$~mml interest yo~ have in the above matter which inures to you special private ~ain or the special private :ain of any prh~eipal by whom you are retMned: '-~~m_ Person or principal to whom the special gain described above will inure: a. ~ ) Yourself b. ( ~Q Princil)al by whom youarcrctaincd: ~- RT. D ~[I,ING INSTRUCTIONS '~:~ memorandum must be filed within fifteen (15) clays ~ollo~ving' the meetinsr during which t:ho voting conflict ocoma'ed ~4fifl~. the person responsible for recording l.he mhmtex of the meel:i,~g, who shall incorporate the nmmoramlum in the mee[- miracles. This.form need not be filed merely to indicate tim ahsence of a votinvr conflict. Florida law permit~ but does require you to abstain from votin: w}lotl tt conflict of interest arises; who[her' you abstain or not, 'however, Lhe con- flit{, must be disclosed pursuant ~ the requirements described above. PA~T E NO. TICE: UNDER PROVISlOHS OF SECTION 112.317, [:I(.)IHDA STATUTES, 1975, A FAII. IJRE TO ~AAI(E ANY R~QUIRED DISCLOSURE CONSTITUTE5 GROUNP~ [C)R AND M/~Y Eli? I'UNIMI[~I) I~Y ()NE OR L{()IU~ OF TIlE [OLLOWING: IMPL~ACIIM[N~, RI:hIC)VAL I~II~SlON I'IIOM OIl:ICE OR E~IPLOYMIJNI', DEMOI'IOI'.I, III DUCTION IN 5ALARY~ IJEPIUMAND~ OR A CIVIL PENALTY NOT 1'O EXCE[V ~i4,,000. l12a 1-77. A RESOLUS.._ON OF 'i'[3E Ct~I~I COL~].~CIL OF TIlE CITY OF DELRAY BEACit, FLf)]~.t~]}A, R/~{~U~o~.~ING PERMISSION FROM TI~E BOARD OF COU~.~'~:'~ CQ~IS~31ONERS, PURSUANT TO FLORIDA STA'i~UTE }_'/1.0(~2, 9.'0 REZO~ I~ ANteD TO ~..~:~ THE COUNTY ZONING CI~ASSIFIC3¥YION FJ~ (~"~CIDi~]']~fAL~_~,~ ...... FAMILY) TO T}~ CITY'S ZONING CLASSIFICi~.~"~ON R-]AA %.~ING~ FAMILY D~LLING ]DISTRICT). ~ERi~2:~S, on August 4, ]975, by }louse Bill No. 2203, the State of Florida Legisla'ture did by Special Act annex various property into. the City of Delray Beach; and, ~{EREAS, the property annexed at the time of annexation was sub- ject ~o County Land Use Plan and P3oning t%egulations; and ~REAS, Florida Statute No. 171.062 requires that when land that is annexed was previously su]~>ject to County Land Use control that prior to a change in density the City ~zaust request permission for such change from the Board of County Commissioners of the respective County; and, ~REAS, the City of Delray Ben, ch has determined that in order to make the property described l~c[l, ow comlvc~table with existing uses of surrounding properties i't sh0ulG ]~e rezoncd from ~ (Residential Family) <(Coun't.~' Zoning) to R-~ '(Single Fan]ily'b~,~elling District) (City Zoning) the property is described as followers: Lots 20, 2]., 60 and 61, Delray Beach Shores, according to plat %hereof recorded in Plat Book 23, Page 167, Public Records of Palm Flormo. a. Beach County, "~ NOW, THE~FO~, BE IT RESOLED BY THE CI~f CO~CIL OF ~ CITY T ~7~ . OF DEL~Y BE~CH, FLORIDA, AS FO~LO~ Section 1. That the City Council hereby requests pe~ission from the Board of County Commissioners of Palm Beach County to rezone the property described above ¥~hich is now located within the Municipal Limits of the City of Delray Beach from t~,{ (Residential Family) (County Zoning) to R-1AA (Single Family Dwelling District) (City Zoning) which will r.e'sul[ in a decrease in the density allo¥~ed in such land. Section 2. That a certified copy. of t~is resolution is being sent to each member of the Board of County Commissioners, the County Administrator and the Director of Planning, Zoning and Building. PASSED A~ ADOPTED .in regular session on this the ~th day of Januar~ , 1977. RE~OLUI..(N NO. 2-77 A R}~:SOLUTION (>1? THE CI'J?Y COUNCIL OF THE CITY OF ~I ]~EA~FI~'~IN(~ TIIE SUPPORT DEL,,lAY' BEAC][, b ~ORIDA, OF TiH:] CITY O]? ;)3~Li~Y' DEACH FOR 'lq{E PROPOSED CONSTRUCTIO['i' Ot;' A SOUTi[ TWELTII STREET BRIDGE (LINTON BOULEVARD) OVER TIIE INT~COASTAL WATERWAY, ' ~QU]~STING 'I']IAT TtIE PROPOSED BRIDGE BE LIMITED TO FOUR LANES FOR VEItICULAR T~FFIC AND TI-~T ANY 'ADDITIONAL I.AiqES BE UTILIZED FOR BEAUTIFICATION ~D/OR LANDSCAPING PUI~POSES AND OPPOSING ANY PRO- JECTE]) FOUR LANING OF A-1-A - OCI~AN BOULEVAt~. WHEREAS, the City of Delray Beac]k has passed and adopted ResolUtion Nos 24-69, 27-70, 6-72 and 52-76 supportin9' the construction of a South 12th Street Bridge (Linton Boulevard) over the Intracoastal Waterway; and, ?~tEREAS, the City Council of thc City of De].ray Beach continues to support the construction of a South 12th Street Bridge (Linton Boulevard); and, WHEREAS, the use of six lanes for the bridge seems excessive in light of its location and probable utiliza~ion; and, WI~REAS, the City Council of the City of Delray Beach desires to request that the proposed bridge be limited to four lanes for vehicular traffic and '.~any additional laning be utilized for beautification and/or landscaping pUr- ~ poses; and, WHE]~AS, the construction' of a four lane South 12th Street Bridge (Linton Bou].evard) would in hnd o~ itself not require the four laning of A-1-A Oc~a'n Boulevard; and, WHEREAS, the City CouncLl of the City of Delray Beach wishes to go on record as being very much opposed to any four laning of A-1-A - Ocean Boule, yard either at the location of the South 12th Street Bridge (Linton Boulevard) or 'at any o~her location on the corporate limits of the City of Delray Beach, NOW, THE~FORE, BE IT RESOLED BY THE CITY COUNCIL OF THE CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach continues to Support the construction of a South 12th Street Bridge (Lint0n Boulevard) over the Intracoastal Waterway. Section 2. That the City Council of the City of Delray Beach hereby requests that said South 12th Street Bridge (Linton Boulevard) be limited to- four lanes for vehicular traffic with any additional lanes that may be con- structed as part of said bridge to be used for beautification and/or land- scaping purposes. Section 3. That the 'construction of the proposed' South 12th Street Bridge (Linton Boulevard) does not in and of itself necessitate the four laning of A-1-A - Ocean Boulevard at this location. In any event, the City Council of the City of Delray Beach is opposed.to the four laning of A-1-A - ~3cean Boulevard at this location or any other location in the corporate limit~ :.~f the City of Delray Beach. Section 4. Thai: a certified copy of the resolution be sent to each ?tuber of the Board of County'Co]mnissioners of Palm Beach County and the iorida De]?a. rtment of Transportation. PASSED ~D ADOPTED in regular session on this the 2}~.th day of January 112c RESOLUTION NO. 3-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13A-3 (b) ESTABLISHING ~IE COMPENSATION OF TI-~ C~I~AN OF TIKE DELI~Y BEACH PUBLIC EMPLOi~ES RELATIONS COMMISSION. WHEREAS, the Chairman of the Delray Beach Public Employees ~lations Commission has numerous administrative duties in addition ) the duty to attend the regular meetings of the commission; and, WI-UfREAS, it is the recommendation of the City Administration in which the City Council concurrs that such administrative duties should be compensated, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Chairman of the Delray Beach Public Employees Relations Commission shall hereafter be compensated at the rate of $200.00 per calendar month. 'PASSED AND ADOPTED in regular session on this the ~th day of January , 1977. ATTEST: · ~ City Clerk l12d RESOLUTION NO. 4-77 A RESOLUTION OF THE CITY COUNCIL OF ~{E CITY OF · DELRAY BEACH, FLORIDA, AWARDING A CONTRACT TO HARDRIVES OF DELRAY, INC., DELRAY BEACH, FLORIDA, FOR Tile OPENING, GRADING AND PAVING FOR S.W. 2ND TERILACE, S.W. 2ND .COURT AND S.W. ~ 7TH AVENUE, AS PART OF A SPECIAL AssESSMENT PROCEEDING PREVIOUSLY AUTHORIZED BY RESOLUTION NOS.48-74 AND 64-76. WHEREAS, the City Council of the Cit~ Of Delray Beach, Florida, did, on the 27th day of September, 1976 adopt Resolution No. 48-76, ordering the City Manager to prepare plans and specifications, together with estimate of cost of opening, grading and paving of that part of S.w. 2nd Terrace between S.W. 8th Avenue and S.W. 7th Avenue; S.W. 2nd Court between S.W. 8th Avenue and S.W. 7th Avenue; and S.W. 7th' Avenue between S.W. 2nd Street and S.W. 3rd Street and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in the office of the city Manager; and, WHEREAS, the City Council has declared the necessity for the opening, grading and paving of the area ~escribed above; and, WHEREAS, notice of {he hearing on which Resolution No. 64-76' was pub.]~ished on December 23 and 30~ 1976; add, ~ WHEREAS, at the said hearing City Council determined the estimated cost of the improvement, the properties that will be benefited by the improvement, the formula of sharing the cost by the CitY and property owners and'the terms of payment for said special assessment; and, WHEREAS, to accomplish the construction required to open, grade and pave the area described above, it is necessary for the City Council to award a contract; and, WHEREAS, bids for said contract were duly called, advertised and opened on the 10th day of January, 1977; and, ?~IEREAS, bids were received as follows: - Bidder 'Ainoun~ Asphalt paving $29,743.00 West Palm Beach, Florida Hardrives of Delray, Inc. $24,275.00 Delray Beach, Florida NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~tE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the contract be awarded to IIardrives of De].ray, ' Inc.., low bidder in accordance with th~ bid speci.fications dated JanuarZ Section 2. That this improvement shall be funded with money from the Special Assessment Fund. l12e PASSED AND ADOPTED in regular session on this the 24th day.of January, 1977. ATTEST: Res. No. 4-77, l12f ~ RESOLUTION NO. 5-77 A RESOLUTION OF TITE CITY. COUNCIL OF THE CITY OF DEL1LAY BEACH, FLORIDA, 'AWARDING A CONTRACT TO HARDRIVES OF DELRAY, INC., DELI~Y BEACH, FLORIDA, FOR TITLE OPENING, GRADING AND PAVING FOR TPIAT PART OF STERLING AVENUE EXTENDING FROM SOUTIIRIDGE ROAD TO S.W. 4TH AVENUE, AS PAR'~ OF A SPECIAL ASSESSMENT PROCEEDING PREVIOUSLY AU%~{ORIZED BY RESOLUTION NOS. 49-.76 AND 65-76. W~IEREAS, the City Council of the City of Delray Beach, Florida, did, on the 27th day of September, 1976, adopt Resolution No. 49-76, ordering the City Manager to prepare plans and specifications, together with estimate of cost of opening, grading and paving of that part of Sterling Avenue extending from Southridge Road to S.W. 4th Avenue and requiring said plans, specifications and estimate of cost of such -improvement to be placed on file in the office of the city Manager; o. nd, YUHEREAS, the City Council has declared the necessity for the opening, grading and paving of the area described above; and, WHEREAS, notice of the hearing on which Resolution No. 65-76 was published on December 23 and 30, 1976; and, WHEREAS, at the said hearing, City Council determined the estimated cost of the improvement, the properties that will be benefited by the improvement, the formula of sharing the cost by the City and property owners and the'terms of payment for said special assessment; and, WHEREAS, Zo accomplish the construction required to open, grade and pave'the area described above, it is necessary for the City Council to award a contract; and, WHEREAS, bids for said contract were duly called, advertised and opened on the'10th day of January, 1977; and, WHEREAS, bids were received as follows: Bidder Amount Asphalt Paving $29,793.~0 'West Palm Beach, Florida Hardrives of Delray, Inc. $21,500.00~ De!ray Beach, Florida NOW, THEREFORE, BE IT RESOLVED BY T}~ CITY COUNCIL OF ~ CITY OF DELRAY 'BEACH, FLORIDA, AS FOLLOWS: Section 1. That thc contract be awarded to Hardrives of Dclr~y, Inc., low bidder in accordance with the bid specifications dated January 10, 1977. Section 2. That this improvement shall be funded with money from the Special Ass~essment Fund. l12g PASSED AND ADOPTED in regular session on this the 24th day of January, 1977. ATTEST: City Clerk - 2 - Res. No. 5-77. l12h RESOLUTION NO. 6-77 A REo,J~_,~3.~.ION O]? 'iTtE CItY COUNCIL OF ri~{E CITY OF DEI,l.u,.~< BEACH, FLORIDA, REQUESTING TIlE STA~ OF ~.~.,_'~")~'~ DEPARTMNNT OF COMMUNITY AFFAIRS TO INCL~E THE CITY OF DELI~Y BEACH IN ITS APPLI~TION TO DEPARhT'.'~]~NT OF IIOUSING A~ URBAN DEVELOPMENT FOR LOCAl, PI,ANNING ASSISTANCE FUNDS FOR ~E FISCAL i~AR BEGINNING JULY 1, 1977. WIIEREAS, the City Council of the City of Delray Beach has' recognized certain problems in the Community 'which relate to planning and raanagement; and, WIIEREAS, the Comprehensive Planning Assistance Program administered by the State of Florida Department of Community Affairs offers the opportunity to shrengthen the community development p'rocess through the conduc~i]~g of a planning program, NOW, THERE?'ORE, BE IT R~,SOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACtI, FLORIDA: Sec%ion 1. That thc City Council of the City of Delray Beach officially requests the State of Florida Department of Community Affairs to include the City of Delray Beach in its application to the U. S. Depe, rtment of HousiNg and Urban Development for local planning assistance funds for the fiscal_ year beginning July 1, 1977. Section 2. That a copy of this Resolution be furnished the Stahe of Florida Department of Community Affairs, the Palm Beach Area Pi, arming Board, and other appropriate agencies and individuals. PASSED ANY} ADOPTED in regular session on this the }24.th.day of JanUary 197'7. ATTEST: ' City Clerk 112i RESOLUTION NO. 7-77. A kLoOL'.~:..~.ON OF THE CITY COUNCIL OF THE CITY OF DEL¥O\¥ ]~;iI'.AC!t, FLORIDA, TO TIlE HONORABLE GUY SPICOLA, II~,.~h, AND MEMBERS OF THE SENATE CO~ITTEE ON NATURAI EESOURCES, STATE OF FLORIDA, STRONGLY OPPOS- ING SECq~'!ON 16 OF TI~ PUBLISHED PROPOSED LEGISLATION ENTIT],ED ENVIRON~.~ENTAL PERMITTING, PRELIMINARY D~FT, NOVE~.~.~ ~ 1976 TRANSFERRING CERTAIN BEACH EROSION CONT]IO[~ PgNCTIONS FROM THE DEPARTME~ OF NATU~L RESOUilCE~J TO T~-IE DEPARTMENT OF E~IRON~NTAL REGU- LATIOI~ ~REA.~ ~be captioned legislation would transfer all powers duties, and functio~'~s of the Department of Natural ~ Resources under s.161.041 relating io the processing, issuing mhd denial of permits for any construction or physical activity undertaken specifically for shore pro~ection purposes upon sovereignty lands of Florida or below the. mean high wat~:line of any tidal wm~er of the State are transferred to khe Department of Environmental Regulation by a type four transfer as defined in s.20.0~; and, ~REAS, made to simplify th,~ permitting process by centralizing permit issuance in DER, which in a~d of itself is conceded to be ~ worthwhile objective; and, ~IEREAS, t]]~ proposed legislation goes far beyond the' simple permit issuing p ..... , rc~c~s mhd transfers decision making authority to DER an a~ency that is i;oexperienced in coastal engineering from D~, an agency that is experienced in coastal engineering;, and, W~REAS, pass, age of the proposed legislation would further com- plicate an already complex matter, the control of erosion, by assignment of permitting control_ to one agency, DER, while construction control is exercised by another, DNR; and, ~EREAS, an intolerable jurisdictional situation could result from the proposed legislation if enacted by virtue of the fact that most erosion control devices of whatever nature would be subject to regula- tion by not one agency but two agencies because of the fact that DER would have jurisdiction below the mean high waterline and D~ mbove it; and, WHEREAS, DA~ has many years of successful experience in beach and shore permitting and DER has none, NOW, TIIEREFORE, BE IT RESOLVED BY THE CI~ COUNCIL OF T~ CI~ OF DEL~Y B~CH, F~R.IDA~ AS FOLLOWS: Section 1. That the. Chairman and me~ers of the Senate Co~ittee on Natural Resources are hereby earnestly and strongly requested to vote against Section 16 of the published proposed legislation entitled En- vironmental Permitting, Preli,~inary Draft, Nove~er 19~6. l12j . ; PASSED AND ADOPTED in regular session on this the 24 day of ..... January. , 1977. ATTEST: Cit~Clerk Res. No. 7-77 l12k RESOI,UTION NO. 8-77 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACII, FLORIDA, AUTIIORIZING NEGOTIATION OF A CONTRACT TO FUI~N[[SH L~]3OR, EQUIPMENT, AND MATERIAL TO REPAIR AND CORRECT PAVEMENT AND STORM DRAINAGE PROBLEMS AT SOUTHWEST SECOND STREET IN ' ' THIS CITY, IN ACCORDANCE WITH CITY SPECIFICATIONS AS INDICATED ON TIlE QUOTATION FORM. WHEREAS,. it is the recommendation of the City Manager that the Council ~ting by authority of ~rovisions of Section 78 of the City's Charter, award contract to furnish labor, equipment, and material to repair and correct pavement and storm drainage problems at Southwest Second Street in this City, in accordance with City Specifications as indicated on the quotation form, and WHEREAS, of the seven quotations requested, three were submitted in the amounts of: Oneman Engineering Company $2,773.00 Delrgy Beach, Florida Lyons Construction Company $3,850.00 Pompano Beach, Florida Asphalt Paving Company $4,873.75 "' West Palm Beach, Florida WHEREAS, the City Engineering Office certifies the quoted prices ~o be reasonable and the City Manager z~commends t]~at the City of-Dglray Beach enter into a contract with Oneman Engineering Company, Detray Beach, Florida to furnish labor, equipment, and material to repair and correct pavement and storm drainage problems at Southwest Second Street in this City, in accordance with City Specifications as indicated on the quotation form, .WHICH COMPANY submitted the lowest quotation in the amount of $2,773.00, and .. WHEREAS, it is the Council's opinion that the award of this contract would be in the best interest, of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That 'said contract to furnish labor, equipment, and ~aterial to repair and correct pavement a~d storm drainage problems at outhwest Second Street in this City, in accordance with City Specifications s indicated on the quotation form, be awarded to Oneman Engineering Company ,el. ray Beach, Florida, in the amount of $2,773.00. SECTION 2. That this improvement shall be funded from the 1970 Storm Drainage Bond Issue. PASSED AND ADOPTED in regular session on this the ~h day of January' , 1977~ ATTEST: '" C].t:y Clerk l12k ORDINANCE NO. 48-76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY ~BEACH, FLORIDA, AMENDING CHAPTER 7 "BEACHES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ~4ENDING ' SECTION 7-1 TO CREATE A NEW SUBSECTION (16) REGA]LDING STORING OR LEAVING UPON THE BEACH OF ?~NY BOAT; DELETING SUBSECTION 17, PERTAINING TO POLICE POWERS FOR LIFEGUARD CHIEF ; RENU~BERING SUBSECTION (16) ; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.- NOW, THEREFORE~' BE IT ORDAINED. BY THE CiTY COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: Section !. That Section 7-1 of the Code of Ordinances of the City of Delray Beach is hereby amended by adding a new Subsection (16); deleting Subsection 17 and renumbering Subsection (16) to read as follows: (16) No person shall store or leave upon the beach overnight any boat, nor shall a boat be stored or 'left upon the beach during the day, if the owner. or person entitled to possession or use of the boat, is not using the beach at that particular time of day. (~ {i7) The duly employed lifeguards of the City are authorized to require persons using the beach to obey reasonable commands designed to protect the public and public property in the use of the municipal beach, and the failure to obey 'any lawful co~nand of such .guards ~shall be a violation of this Code. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such .decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective forty-five day~ after passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of J~nuary , 197 7 . ATTEST: '. - - f,j/ City Clerk First Reading JAA~JARY 10, 1977 Second Reading J~-~Y ll2L ORDINANCE NO. 53-76 AN ORDINANCE OF TIlE CITY COUNCIL OF TIIE CITY OF DELRAY BEAC~I, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CITY'S CODE OF ORDINANCES BY REPEALING SECTION 27-2 (b) AND INSERTING A NEW SUBSECTION (b) TO ADD CHARGES FOR METER INSTALLATION, FIRE HYD1ZANTS AND WATER CON- NECTIONS AND EXCEPTIONS TO WATER CO~ECTION CIIARGE; ~ENDING SECTION 27-2(c) RELATIVE TO SURCHARGE; REPEALING SECTION 27-3(a)(b) ~ND (c) ~ND INSERTING A NEW SUDSECTION (a)(b)' ~qD (c) RATES FOR WATER INSIDE AND OUTSIDE CITY; ~4ENDING SECTION 27-28(a) TO ADD TIlE WOi~ "UNIT"; FURTi{ER ~ENDING SECTION 27-28(a) TO PROVIDE A SEWER SERVICE CHARGE FOR ALL · TRAILER PARKS SERVED BY CITY WATER; ~qENDING SECTION 27-28.1 TO ADD EXCEPTION TO SEWER CONNECTION CILARGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES.IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, AS FOLLOWS: Section 1. That Section 27-2(b) is hereby repealed and a new subsection (b) is hereby inserted to read as follows: (b) Meter installation charges shall be as follows: Meter Size Inside City Outside City Charqe .- Charge 3/4 inch $ 120.'00 $ 150.00 1 inch 170.00 212.50 1% inch 280.00 350.00 2 · inch 380.00 475.00 3 inch 1,040.00 ~'1,300.00 4 inch 1,490.00 1,862.50 Fire Hydrants 850.00 1,062.50 There shall also be a water connection charge of $150.00 per residential dwelling unit. A residential dwelling unit is herein defined to be any family living unit, and, where two (2) or more families are living on the same '.premises, each shall be considered as a separate resi- dential dwelling unit. In apartment buildings, coopera- tives, duplexes and the like, each living unit shall be considered a separate residential dwelling unit. There shall also be a non-residential water connection charge which shall be based on $200.00 per-one inch size of water meter installed. Exception to water connection charge: Any structures that would ordinarily be subject ~o the connection charges set forth above Shall be exempt ~f: (1) They are located within a develOpment 2hat has final plat approval as of' the effective date of this ordinance (which was granted on or after January 1, 1972) for 50% or more of the uevelop-. ~ ment. (2) Tha~ as of the effective date of this ordinance, the development shall be under active construction. Active construction, as used herein, shall mean one or more structures in the process of being constructed l12m on the e.f:fcctive aate of thi.n or(lJ.u'~.¥~c,~, and/or one or more struc'(:~.res for v.~]~ich a cr:rtificato or certif:Lcates of occupa~cy have been issued not more than six months preceding the effective date of this ordinance. (3) That, as 'to a particular structure, all permits including but not limited to buildin9 permits, water and sewer permits, have been issued not later th~n January 24, 197['~, and that the meter installation and water connection for such structures occur not later than July 24, 1978. (4)The exception created herein shall not apply to any permits issued prior to the effective date of this amendment; only those structures for which permits are issued subsequent to the effective date of this amendment, and which otherwise meet the above criteria shall be exempt from the connection charges. Section 2. That Section 27-2(c) is hereby amended follows :. (.c) The charges .to users wholly outside the corporate limits of said City be, and the same are hereby fixed at sums equal to the rates sho~,,~ in the sehe~e column set forth in subparagraph hereinabove ~espee~ve-e~assi~icae~ designatq~'~utsi~ City charge" . Section 3. That Section 27-3 (a) (.b) end (c) is hereby repealed and new subsections (a) (b) and (c) are hereby inserted to read as follows: (a) The monthly (except for fire hydrants)rates for water furnished by the water facilities or plant of the City of Delray Beach, Florida, to customers within and outside of the corporate limits ef said city, be and the same are hereby fixed as shown in the following schedule: - Consumption .(1000 qals..) P.gr Mete~ Inside City Outside ci~ 0 - 5 Min. $3.60 Min. $4.50 Each 1 over 5 .30 .375 Fire Hydrants 42.50 per 53.13 per annum ~nnum (b) The above ,rater rates shall apply to all uses. (c) The minimum water rates for residential use shall be applied on a per residential dwelling unit basis. except for trailer parks %~'hich shall be charged one minimum charge and thereafter on khe basis of actual use. Section 4. That the second paragr~]ph of Su'bsection 27-28 amended to read as follows: ? l12n Single family residential dwelling unit for the first. four (4) fixtures or less contained therein, four dollars fifty cents ($4.50); for the next eight (8) . fixtures contained therein, forty cents ($0.40) per fixture and for all fixtures contained therein over twelve (12), twenty-five cents ($0.25) per fixture. Section 5. That Subsection 27-28 (a), as amended, be further me~]ded by ad. ding the following paragraph to read as follows: Sewer service for all trailer parks served by City water will ]De based upon. total water used on a monthly basis as follows: Each 5000 gallons of water registered on the ' water meter or portion thereof, shall con- . stitute one residential dwelling unit. For each 5000 gallons or portion thereof, the minimum monthly charge of $4.50 shall be levied. Section 6. That Section 27-28.1 be' amended to add as a third paragraph the following: Exception to sewe'r connection charge: Any structures that %:-ould ordinarily be subject to the coDnection charges set forth above shall be exempt if: (1) They are located within a development that has final plat approval as of the effective date of this ordinance (which was granted on or after January 1, 1972) for 50~ or more of the develop- ment. ' · (2) That as of the effective date of this ordinance, the development shall be under active construction. Active construction, as used herein, shall mean one or more structures in the process of being constructed on the effective date of this ordinance and/or one or more structures for which a certificate or certificates of occupancy have been issued not more than six months preceding the effeCtive date of this ordinance. (3) That, as to a particular structure, all permits including but not limited to building permits, water and sewer permits, have been issued not 'later than January 24, 1978, and that the sewer con- nection for such structures occur not later than July 24, 1978. (4) The exception created herein shall not apply to any permits issued prior to the effective date of this amendment; only those, structures for which permits are issued subsequent to the effective date of this amendment, and which otherwise meet the above criteria shall be exempt from the connection charges. Section 7. That all ordinances or parts of ordinances in conflict - 3 - Ord. No. 53-76. 112o herewith be and tile same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of' competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective ten'days'~- after.passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of January ., 1977. ATTE S T: First Reading January 10, 1977 Second Reading Jan.uary.24.~ 1977 - 4 - Ord. No. 53-76.