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04-12-77 177 APRIL 12, 1977 A regular meeting of the Ci'~y Counci]. of the City of Delray Beach, Florida, was held in the COuncil Chambers at 7:00 P. M., Monday, April 12, 1977, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. 1. The opening prayer was delivered by Dr. Andrew Hall of the First Baptist Church. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3 Mr. Sanson moved for the approval of the minutes of the organiza- ~nal meeting of April 4, 1977, seconded by Mr. Chapin. Mr. Sanson requested t t the presentation given by the Beach Property Owners Association be ached as an official part of the minutes. The motion passed unanimously. 4.a. Mr. Chapin asked the City Manager to advise'him and the public the status of the Master Land Use Plan and when it will be put on the agenda for Council's consideration. The City Manager stated the Master Land Use'Plan has been recommended to Council by the Planning & Zoning Board; it was scheduled for workshop sometime ago but the proper people were not able to attend that meeting for the presentation. The City Manager stated the Master Land Use Plan will be scheduled for a future meeting as soon as possible; however, it will not be scheduled for %he workshop meeting Monday night, April 18, 1977. 4.b. Mr. Randolph stated he ~eceived a proposed resolution from the Area Planning Board, Mr. Ned Brooks, which is proposed for signatures of three cities, Boca Raton, Delray, Boynton, as a member of the Metropolitan Planning Organization with transportation its major planning and administration. Mr. Randolph stated he has given this proposed resolution to the City Attorney for his scrutiny and then would like it referred to workshop. Mayor Scheifley asked ~hat the City Manager sci~edul~ this item to workshop after receiving it from the City Attorney. 4.c. Mr. Sanson stated the comments previously made relative to his concerns over the Community Development Program and its administration were ~well founded in that Mr. Jeffries services~as the Director, have been terminated. Mr. Sanson stated Mr. Jeffries' boss thought that the program was not preceeding as quickly and as positively as could be. Mr. Sanson requested a full report from the administration on the status of the Community Development Program. The City Manager stated he will have a written report in about a week for Council regarding this matter. Mr. Randolph stated he hopes that Mr. Sanson's opening statement is not So inclusive that it is going to lead citizens of Delray Beach to believe that the. community Development Program is a flop. Mr. Randolph stated he does not believe, and knows for a fact, that this program is not a flop. He also ~ted he is a member of the Citizen's Action Advisory Council and was not ~ased with the decision that was made by the people in hierarchy in the ~ ( ~nty in the termination of Mr. Jeffries. He stated a meeting is scheduied ~ Thursday, April 21, 1977 and at that meeting he is going to ask the head the Development Program for a full report for the.CAC committee because he would like to know why Mr. Jeffries services were terminated. 4.d. Mr. Sanson stated that on December 22, 1976, Council received n--~ce that the City Manager had appointed a Citizens' Committee to discuss the Pompey Park Building. Mr. Sanson stated a contract was awarded to a local architect to design the building and so far Council has heard nothing as to what's going on. Mr. Sanson asked that Council receive ~ report or schedule for workshop an update report on the Pompey Park Building. Mr. Sanson also requested a financial status of the project. The City Manager stated that the Citizens' Advisory committee to the Administration, with regard to the use of the Pompey~Park Building, has completed their chore and have been dismissed. He stated in his workshop file there is an item concerning the proposed uses of the Pompey Park Building to 178 ~':[ng before Council as soon as room c~n be made on the agenda. The City ~'~mager stated he is hopeful to get a ]:~!~port to Council before this item goes ~ workshop. Mr. Sanson stated on Janu~ry 13, ].977 Council received a notice ~.[ating letters had gone out to the Ar~a 13 rc~:iden~s relative to'sewer hook- ~'~ and he would like to know how many people took advantage of this situation. Mr. Sanson stated he would like to have scheduled for workshop ~]scussion of the situation revolving around thc United Federal Sign on East 2~Xlantic Avenue. Mr. Sanson stated once again he cannot let pass a letter received i~!om the Executive Director of the Sewer Authority directed to the project ]~nager of Russell & Axon about the inability of Russell & Axon to perform in conscientious and competent manner thereby caus'ing the Sewer Board to have a J!~]%d request for 1977 rejected. Mr. Sanson read a portion of the letter he >'~ceived backing this statement. Mr. Weekes stated he would like 'to commend to the Council, City ~anager, and City Attorney's consideration an article in the April issue of ~%~e Reader's Digest relating to public employees collective bargaining. i~. Weekes stated he is going to have this article distributed because it is ~ extremely well-written and thoughtf~31 article in this area and it offers ~[ngs public bodies might do in advance of a crisis to attempt to head off ~h crises. He stated he looks forward to discussing this article at a work- :~l~p in the future. .i. Mayor Scheifley read a Proclcmmation proclaiming the week of April through 30, 1977 as SECRETARIES WEEK. Mayor Scheifley read a Proclamatiom proclaiming the month of April ~ FAIR HOUSING MONTH. There were no public requests from the floor. ..~.1. The City Manager stated Resolution No. 26-77 requested by the ~nty for adoption at this meeting concerns the Sister City Program which is ..i~ outgrowth of the development of Morikami Park west of Delray Beach. The ~'~.~.y Manager stated this resolution is merely another instrument that will ~'~ke effective the City's decision at a prior meeting to enter into a Sister <!~y Program. The City Manager presented Resolution No. 26-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXTENDING AN INVITATION TO THE CITY OF MIYAZU, KYOTO PREFECTURE, JAPAN, TO BECOME A SISTER CITY AND'INVITING THE PEOPLE OF MIYAZU, KYOTO . PREFECTURE, JAPAN TO PARTICIPATE IN SAID PROGRAM. (Copy of Resolution No. 26-77 is on file in the official Resolu- te[on Book.) Mayor Scheifley stated this resolution was requested by !;.i~. Rosenwhite, the curator of Morikami Park program and the passage of this ~emolution is to implement the program which was decided on in workshop on a ~isevious occasion. Mr. Sanson moved for the passage of Resolu{ion No. 26-77, seconded ~y Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; ~'. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. ?~ motion passed with a 5 to 0 vote. ~.~.a.2. The City Manager gave a brief report of a County Commission work- ~p meeting he and Mr. Sanson attended on Thursday, April 7, 1977 at the ~unty Courthouse. The City Manager stated the meeting was to brief the County - 2 - 4/12/77 179 Co]mnission on the County's long-standing but dormant BeaCh Erosion Control Program. Some years ago the County Commission detcrmined that they would not be able to include the 42 miles of shoreline, in Palm Beach County, in one beach erosion control project; it could be planned but finances would not permit the nourishment and construction to be done all at once. It was therefore decided, tentatively at that time, to have the first project be the portion of the shoreline between the Boynton Inlet and the northern City limit of Delray Beach. There were several valid reasons from a technical standpoint why this area was chosen. From a personal viewpoint, this project would have a very beneficial effect on the beach erosion program in Delray Beach; however, the first'project has not gotten off the'ground during the past 2% years or so because of the inability of the County to secure an agreement with Gulfstream, Ocean Ridge and Briny Breezes whose consent is needed to have an equitable participation in the program. Because the County cannot come to an agreement w~-~h the town of Gulfstream, Ocean Ridge and Briny Breezes, the County's c sulting engineers and other advisors have settled on a second project as a sibility provided the first alternate does not go. This second project i located in north county and it was finally ~etermined near the end of the cussion, at the County Commission Workshop meeting, that the County would hold in abeyance a determination to proceed immediately with the second alternate as a last effort in attempting to bring the cities and towns immedi- ately north of Delray Beach into agreement with the County and vice versa in order to have a viable program in south county. The City Manager stated it is not known at the present time if this can be accomplished but efforts are being made in that direction. '- ' 6.a.3. The City Manager commented on the City's Safety Program in which a press conference was held a few days ago. He stated, however, as a part of the City's Safety Program the water plant in the Public Works Department did not receive the publicity it so richly deserved as they played a major part in helping to lead and pick up awards along the way and to bring the City's Safety Program to a point where insurance can be obtained for less money than it cost last year. Delray Beach is the only City in the State-of Florida that has been able to do this. ~ .... -.~ The City Manager stated this award, won by the City's Water Plant, is an award which is given each year by the Florida Water & ~oilution Control Association and only one is given a year. This award is given to the water plant in the State of Florida that is considered best in its operation as far as safety and accident records are concerned. Having won this award, the City's water plant is automatically placed in the National competition for the National Safety Award. The City Manager stated Mr. Lou Martin, the City's Public .Utilities Director and Bob Ailstock, the. water plant operator'along with their employees and other City personnel deserve a lot of credit for bringing this honor to the City of Delray Beach. 6.b. Mr. Tom Petillo, 903 Lake Shore Drive, Delray Beach, District Manager of Florida Power & Light Company, presented the City of Delray Beach a Certificate of Appreciation. Mr. Petillo stated that Florida Power & Light ,has just passed its 50th year of operation and is presently serving some 165 communities in the State of Florida. He stated it is very unique that in the 50 years of operation Delray Beach is one of the several communities that was ~ed together originally back in 1926 when Florida Power & Light was first unded and in light of this, a Certification of Appreciation was drawn up. r the City of Delray Beach. Mayor Scheifley accepted the Certificate for the City conveying h±s thanks. 6.c. Th~ City Manager stated, as has been discussed at several meetings, Council is to give .consideration to authorizing the City Attorney to draft an ordinance to allow Board and Care Homes in the RM-10 and RM-15 Multiple Family Dwelling Districts by conditional use approval for future consideration. He stated this is an ordinance amendment only and does not apply at this time' directly to any specific location in the City; it is of a general nature. Mayor Scheifley stated this item was discussed at a workshop meeting for. an hour and forty minu~es approximatelY two weeks ago and there has been a lot of discussion since that time both in the press, privately - 3 - 4/12/77 ~d at various meetings. The Mayor stated this is a very difficult, contro- ~:rsial, and emotional item and the purpose of this item being on the agenda ~ as the City Manager stated, for the Council to make a decision to advise ' ~c City Attorney as to what type of ordinance, if any, to prepare to provide .~r Board and Care Centers for retarded people. Mr. Sanson stated at the last meeting Mr. Weekes requested the ~'2ty Attorney do some research and come back with a report on a new definition ~'.~ Board and Care Homes. Mr. Sanson stated he would like to know the status. The City Attorney stated he discussed this with the Planning !.,i~rector in the event that the Council does want to allow Board and Care Homes '~mited to Board and Care Homes for Mentally Retarded and decided that they ~uld simply amend the existing definition that is contained in the zoning ~-,i'~de as applied in RM-10 and RM-15 zoning districts. In other words, there is ~ general definition contained in the zoning code at this time of what con- ~itutes a Board and Care Home. There is no designation or limitation in ~rms of it being for mental retardation, alcohol rehabilitation, drug rehabi- !!ration, etc. It would be the intent to use this same definition limiting to homes for the mentally retarded and use that definition only in ~-10 d RM-15 districts and at the same time use the broader definition in the isting General Commercial District. The Mayor asked how this would affect or apply to the retirement ~e board and care homes. The City Attorney stated this would have no ~plication at all to retirement type homes. The City Attorney commented on the applicability of zoning ~inances in general to State Funded Programs. He stated he was furnished ~ormation by applicants concerning an Attorney General's opinion pertaining the exemption of local zoning regulations as far as these types of facilities ~ concerned. The City Attorney stated that opinions furnished are not ?licable law in the State of Florida. There was a Supreme Court case rendered the Supreme Court of Florida in May, 1976 which provided that these type of silities are not automatically exempt even though they are State funded. ~? mere fact that the State has funded the program does ~not indicate that the a, te intended that they be exempt from local regulations and the Supreme ~.~rt has ruled that in the event that the State desires to exempt itself from ,cal regulations it may do so by specific legislation on that subject as ?lied to a particular type of use. The court indicated that the proper form, ~ the first instance, to decide the question of whether or not a particular. e should be allowed is at the local level before the applicable City Council · Planning & Zoning Board. They ~mployed what was termed the balancing of .terest test and it is up to the local authorities, subject to court review ~. a later time, to balance the public need for the facility - looking at the .~isting land use scheme, alternative location for the site in less restrictive o~ing areas, alternative methods for providing the needed.improvement ih the ~z.triment to adjoining land owners; this is the balancing of interest test as ~ated by'the Supreme Court. Mr. Randolph moved that the City Council of the City of Delray ~each, 6nder 'item 6c of the agenda, not consider authoring the drafting of an ~dinance relative to Board and Care Homes., seconded by Mr. Weekes Before roll call on the motion the following discussion was had.~ ~[ayor Scheifley asked the City Attorney what would be the effect of this if t ~otion is passed. The City Attorney replied that the ordinance would remain ~s~ is if this motion is passed; there would be no amendment to the RM-10 or ~-15 district. Mr. Sanson stated that if this motion were to fail and if.Council ~lows the conditional use to be placed in the zoning code, that Council then ~i~a~ntinue and express themselves on the specific situation Mr. Sanson stated i~r sometime he favored allowing the use based on .the major premise that what ~[~m wrong for one neighborhood might be right somewhere =lSe; that there is very :?[fferent types of neighborhoods, then there are others here within the City [[~at are zoned the same category, and that quite possibly, in the future if the ~?~z~ority of Council would decide that a Board and' Care Hom~ in Tropic Palms is ~%~t. proper, that it might be entirely proper somewhere else in the City. # - 4 - 4/12/77 181 Mr. Sanson stated one problem, which has arisen in the last few days in t~alking with Mr. Saberson, is that on page 79 of the zoning code under section D ~re the standards for evaluating conditional uses and when the Council and thc Planning & Zoning Board is to make a decision as to %~hether a conditional use should be approved, Council is to consider these standards and judge the merits of the case on these standards. Mr. Sanson stated there are ten standards listed and he and Mr. Saberson basically dete~mined that nine out of the hen standards were met for this use to be permitted in Tropic Palms. The City Attorney replied that the specific meeting of that criteria~i's not before Council at this me~ting and that there is no site plan before Council in which they could evaluate the meaning of that criteria. He stated when he and Mr. Sanson went through the standards it was to indicate to Mr. Sanson that he fel~ in all likelihood on several of the standards which h~~ to do with off-street parking, service of utilities, etc., that there would n be a problem in all probability of being able to meet these standards. Mr. Sanson stated the point he is trying to make is that standard n bet ten talks about the economic effects on adjacent and nearby properties in the City as ~a whole and also item number eight - the general compatibility with adjacent properties and other properties in the zoning district. For these reasons and the discussions, Mr. Sanson stated he was not and is not in favor of seeing this facility in Tropic Palms if a vote comes to that. He stated Mr. Saberson feels that items number eight and ten might be very 'speculative as to how well they could stand up to be shown as not having merit for the Tropic Palms area in a court of law if the use was added and those item~; were to be considered on an application for a conditional use of ~his facility in Tropic Palms. ~e stated this is what worries him and he is leaning on the basis of saying that if there is a chance that this goes to court and the decision of the Council to not allow this facility in Tropic Palms could be defeated in court, then he would have to go with not even allowing the use. Mr. Sanson stated these are his 'reasons for voting in favor of this motion on the floor. Mr. Chapin stated this is a city wide zoning problem and not applicable to the Tropic Palms subdivision, but applicable to all RM-10 and RM-15 zones. He stated he has looked at the zoning classifications in the City ordinance and noticed tha~ Board and Care Homes are permitted in GC (General Commercial) Districts and he tried to equate the other uses that are permitted in RM-10 and noticed uses far more compatible for the proposed use; therefore, he feels that the use that is proposed is suitable in the RM-10 and RM-15 classification. -' Mr. Chapin stated that he has serious reservations with the definition of Board and Care Homes; whether the appropriateness of this definition, in a basically residential area, would be suitable for alcoholic rehabilitation, drug rehabilitation, half-way homes, juvenile detention facilities. If Council could have assurance from the City Attorney that such an amendment can be implemented for Council consideration, he would then be opposed to this motion. Mr. Chapin also stated he is mindful of the procla- mation that was read earlier stating that this is Fair Housing month and feels :~ has some relevance and hopes that the City Attorney could give a proper finition which would protect the basic residential character of these two ning districts. Mr. Weekes stated he realizes Council is not here to consider the specific situation which is the conditional use of a Board and Care facility in Tropic Palms, rather an amendment to the RM-10'and RM-15 zones, but it is impossible for him to separate the two questions in his mind. He stated no matter how you phrase the change of the ordinance in order to make it possible you come back to a facility in Tropic Palms. In that context, he stated he must think of this in two ways: as a person and individual he would not oppose that use. Mr. Weekes stated he is not on Council as an individual but as a representative of the citizens and taxpayers of the City of' Delray Beach and that the Council members owe the citizens a responsibility to react in accor- dance with their wishes and he feels the wishes of the vast majority of the citizens who would be most directly involved in this has been made abundantly clear. Mr. Weekes stated he has thought on this 'for many hours and it is the - 5 - 4/12/77 182 ~:~¢'! most difficult decision that he has made since he has been involved Delray Beach Council work for some six years. Mayor Sche~fley stated he has been on Council for about nine .r~s and ~bout once a year some subject comes up for which there is no '~,3ar if you are fair and consider both sides and this is one of them. He ~l~ed this is probably the third most controversial issue that has come up ~e he has been in the chair and this is a subject that requires a lot of ~'L searching and he has spent a lot of time talking to people whose opinions ]~'espects and none of them have strong'feelings one way or the other. The ~or stated on the one hand you have a very worthy cause of people who are '7ortunate due to an accident.at birth about which they can do nothing; it ~.uires a lot of compassion and help and anyone who believes in the princi- ~, that most of us doeknow that they need help but on the other hand there .' people who feel that a location of this type might depreciate property "ues which involves a selfish motive which may or may not be true. The Mayor state~ about two years ago Council had a much more ~troversial issue similar to this case; the place was finally approved and · it is an asset to the community-and all the fears that were expressed at 't time have dissipated and the child care center is a great asset to the .:~unity and has been very successful. The Mayor stated in this case there a few with a bit of prejudice, bigotry, and because of things that were d, narrow-mindedness. He stated he is in favor of Board and Care Centers · their proper places but he does not know what the proper place is. He ted he would not vote fo.r an amendment that was going to be pro'posed ~.owing them in RM-10 and RM-].5 only. Because if it is a worthy cause as a ~:ch, which is approved for any area, then theY 'should be approved for any -,~.- single family, RM-6, RM-10, RM-15 and General Commercial - and people live in a single area should vote to allow them in multiple resident tricts. The Mayor stated if any consideratiOn is given to the change of inance, it should be to allow them in any 'area of the City; however, there suitable places in the City and the County for Board and Care Centers for .arded people and would therefore support this motion. Op°n roll call Council vo%ed as follows: Mr. Chapin - No; Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. motion passed with a 4. to 1 vote. Due to previous membership in the Tropic Isle Civic Association possible cop. flict of interest, Mayor Scheifley turned'the gavel over to '.a-Mayor Weekes and left the dais. The City Manage~ reported that coUncil has been requested to consider '.~bursement of legal expenses incurred by the Tropic Isle Civic Association connection with the Gateway Shopping Center Litigation. The City Manager ~:ed that Mr. Lou Bowring is present to speak on this item. Lou Bowring, Tropic Isle Civic Association, Delray Beach, spoke ;~)ehalf of the Tropic Isle Civic Association conveying his personal feelings ~3egards to .this matter. He stated that the Tropic Isle Civic Association asked by the City of Delray Beach, through the City Attorney, to intervene the case with the City and Gateway Shopping Center. Mr. Bowring reported .~.-~ originally the Tropic Isle Civic Association was going to sue the City Delray Beach to force them to abide by their own ordinances, but was asked intervene in the case against the City which they did. Had a suit been ..,'~ght directly against the City, the Civic Association feels they would not in this predicament and could have defended themselves. He stated they :w the developers were going to bring a suit against them but they felt ~.volous suits were going'to be brought against them which eventually happened. 'Mr. Bowring stated they hired Mr. Marty Perry, a lawyer from .Palm ch, and were fairly sure they could solve the City's problem. Then they :rd through their lawyer, Mr. Perry, that the City decided they did not have ~ase and the Tropic Isle Civic Association was to settle the case the best .~ they could and the City would back them. Mr. Bowring stated they tried · ~ were very close to settling th< case the best way they could when they ~'!denly discovered there was a City Council meeting coming up that was called the last second to change the ordinance setback from 50 feet to 20 feet. - 6 - 4/12/77 At this point the Tropic Isle Civic Association had encoL~ntered about seven million dollars worth of law suits and it was not impossible to countersue, to try and get back the legal fees and they had to settle within a few days. Therefore, the Tropic Isle Civic AssociatiDn signed releases which prevented them from countersuing the developer for those frivolous suits and had not the City invited the'Association into this case, as is his feelings and the feelings of others, they could have won their case and could have countersued on the frivolous suits and at least gotten the legal fees back. The City Attorney stated he was requested by Mr. Kromer to attend the meeting of the Tropic Isle Civic Association and try to explain the City's position and to be of any help he could to the Board of Directors in Tropic Isle. At the meeting, the City Attorney was asked whether or not he felt it 'would benefit the City's law suit for Tropic Isle to enter the case to which he said "yes"; that was a judgemental decision, it was not authorization from zhe City Council, it was not authorization fro~ him, and it was not a specific 3equest that.Tropic Isle intervene in the case. His answer was in response zo a specific question as to whether or not it would .help the case and yes it ~ould. As far as the decision to intervene as opposed to a suit against the City, that decision was not made, at least from what Mr. Perry told him, on the basis of whether or not it would be better in terms of helping the City, in terms of intervention or the petition for an injunction against the City that was made solely and entirely in terms of the need to make a decision. immediately to get in the case as per Mr. Perry and the only way they could get into the case, as fast'as it was proceeding, was to intervene; to file a separate law suit, have service of process on the defendants, have motions filed, subsequent answers, the case would have been over and there was no way for them to get in the case without intervening. The City Attorney stated the motivation for the ordinance amendment was not one specific case; that proposal had been brought before the Planning &' Zoning Board in the City for consideration because of the problems the City was having along Federal Highway in refusing to issue building permits because of the 50 foot setback requirement.'This created a problem with all types of property throughout the City and it was this policy 'judgement that motivated the change in the ordinance. The Planning & Zoning Board had recommended about three months before that the ordinance be changed. The City Attorney stated the bargaining power of the Tropic Isle Civic Association came from the parking requirements and not frora the Setback. He Stated the parking requirements were the one thing that the City could hold the developer to when it ultimately turned out that there had not been admini- strative construction to the ordinance that would provide a basis for him being able to establish discriminatory enforcement. The CJ.~y Attorney stated, as Mr. Perry pointed out in his letter, the only relevant distinctions between the settlement that was negotiated before there was any knowledge on the part of the Opposing side as to any possible change and the settlement that was ultimately effected which was after the knowledge of an impending change was the requirement of a 1:00 closing for restaurants as opposed to an 11:00 closing, which had been previous negotiated and the payment of attorneys fees on behalf of Tropic Isle by the. developer paying $4500 instead $3000 which was previously negotiated. Mr. Frank Noble, 1807 Spanish Trail, Delray Beach, president of the Tropic Isle Civic Association, stated this problem started out due to an error in the Building Department; the ordinance was in effect at the time, which is the basis of the whole problem; it was not enforced, and somebody in the Building Department let it go by. Subsequently, members of the Civic Association were contacted by several residents concerning the close proximity of the building and'a temporary stop-work order was issued for t. he building from the Building Department. At some point in time a judge issued an order to lift the stop-work order and from there came the legal hassle. It was his impression at the meeting that Mr. Sabez'son wished to have the Tropic Isle Civic Association join in with the City. The City Attorney said he indicated at that meeting that he would like the Tropic Isle Civic Association to come in the case but he didn't indica - 7 - 4/12/77 184 '~ there was any'authorization to come in on behalf of the City. What he .... cated was, yes, it would help the City. Mr. Noble noted that the City Attorney stating that their entering case would help the'City was interpreted as a request that they enter the ii~ and they did. There was a lot of legal expenses, part of which were ',~Phone calls between the City Attorney and Mr. Perry at $100 an hour which · been negotiated to $75. In view of the fact that the ordinance was passed i:he middle of settling this case with Margolas and Stone, this caused the .'.ic Isle Civic Association to lose their bargaining power and if the Tropic ~.~ Civic Association had let the violation continue and not pursued the case ~' would have lost nothing but a 30 foot setback. Vice-Mayor Weekes stated that Council has received from Mr. Bowring_ '~.ngthy and detailed schedule of what happened in the way of a chronology ::~ Mr. Perry, .their attorney, and Council has heard the arguments prior to time on at least two occasions. Mr. Sanson noted that it was somewhat at his instigation that this .~::er came up where he asked Council to give consideration to reimbursement ::.hese monies to the Tropic Isles Civic Association. He stated he has not ::ged his mind and feelings that this is the right and proper thing to do; t his decision is based on the fact that there was a genuine misunderstanding the part of the Tropic Isle people to Mr. Saberson's meeting with them and , request. Mr. Sanson stated that he doesn't think that Mr. Saberson would ~.cate that he felt Council would approve of something without having that i~orization formerly from Council, but he does think there was a genuine ~nderstanding given by him to the people. Mr. Sanson also stated that he :%ks the nails were put in the coffin and the basic situation was resolved .:~ the Council voted to repeal the setback requirements. The Council, i~efore made the Tropic Isle Civic Association's position completely'untenable i undefensible. He added that he doesn't 'think that anyone could feel that , City, from the administration aspect, the Council aspect, the attorney and ' ..:!al aspect, had not caused this situation with the effect that the Tropic Isle ' ~ic Association expended funds which were spent on the part of these people to :p this City defend its case, and it is now up to the Council to make good that situation and that the City can legally reimburse these people and that would be proper to do so. Mr. Randolph asked for the outstanding balance of legal fees on 'i~is matter and the amount of $1192 was given as an approximate balance. Mr. Chapin asked when the case was settled were there releases :i~tween the Association, individuals and the Clty so that all parties could .'.~ released of this transaction. Also if there are any outstanding liabilities :, a~yone involved. Mr. Noble .stated that to the best of his knowledge there ~'e no outstanding liabilities in this transaction and all claims that the ~ssociation or individuals may have had against the City have been released. Mr. Chapin asked Mr. Noble if Mike Listick was present at the ~eting Mr. Saberson attended or on a retainer to represent the Association. ~ro Noble stated Mike Listick was on a retainer but was not ~resent at the ..:~eting. The Vice-Mayor asked if Mr. Perry had been hired at that time and - ~!u'. Noble answered no. The City Attorney stated that the releases that were required wer · ?hat of the Plantiff, Margolas & Stone the developers, individually and on ~:~half of Jay-Mar - there was a partnership and limited partnership executed :~leases to the City, Roy Reid, officers, employees of the City including ~.:~uncil members and to the members of the Tropic Isle Civic Association. ~.'>~ere were no releases from individuals of the Tropic Isle Civic Association ~ :~ck to the City. He stated that it was releases by the Plantiff, developers ~', the City, and to the intervener and the City back to the developers. The City Attorney commented on the invitation he received to attend ~i~e Tropic Isle Civic Association Board Meeting. He stated that there are ~o aspects: first of all, was there the request or was there the invitation, '~:hich the members of the Tropic Isle Civic Association feels that there was; '~'l-~e other question is was there an invitation with the expectation of payment. - 8 - 4/12/77 185 At the Board of Directors meeting of the Tropic Isle Civic Association, it was discussed how the ligitation would be funded and at that time he did not indicate to the Board that the City would fund ~he ligitation. It was dis- cussed by the Board-to send out a flier to-members explaining the situation and requesting donations from the members, which was subsequently done. Amy Noble, 1807 Spanish Trail, Delray Beach stated that maybe their misunderstanding was when Mr. Saberson was at the Board of Directors meeting they were told at that time that he was being paid by the City and they therefore 'thought he was representing the City. The City Attorney stated whenever he is doing City business the City is paying him. Mrs. Charles T. Johnson, 939 Alamanda Drive, Delray Beach, spoke a a Director of the Tropic Isle Civic Association and advised she was present o the meeting the night Mr. Saberson attended. Mr. Saberson's presence at t ~ir regular meeting was self-evidence that his visit was for the purpose of .isting the support of the Tropic Isle Civic Association through intervening 'actions. Mrs. Johnson stated the legal effect on the Part of the Tropic Isle Civic Association in lending support to the City's position exhausted their financial resources and they are now faced with. unpaid legal fees. She stated they are in a position where they are compelled to seek the support of the City to help defray part of the enormous expense they have incurred in coming to the City's aid. Mrs. Johnson stated that it- is not a question of precedence but meeting the obligation, a deep, moral obligation on the part of the City to, to help the Tropic Isle Civic Association defray the expenses incurred in coming to the City!s support ~ Mr. Fred Whitman, President of the Tropic Palms Homeowners Associ- ation, spoke in behalf of the taxpayers of the Tropic Palms Homeowners Associ- ation stating that they feel that the City. should help with.some of the expenditures the Tropic Isle Civic Association had to go through with their lawyers since they were led to believe they were working in conjunction with the City and were acting in good faith. Mr. Sanson moved f6r the authorization of the City Administration to reimburse the Tropic Isles Civic Association for the legal expenses they incurred minus the $4500 they are to receive from Margolas and not to exceed $3500, seconded by Mr. Randolph. Mr. Chapin stated he has listened to independent Counsels express their views, has been advised by the former, distinguished City Attorney John Ross Adams, and feels that if it was a question of a moral obligation and good faith, he would have no problem in supporting this motion; he thinks the City was incompetent and acted to the detrement of the Tropic Isle people and.he is sorry for that and thinks that the Association, its leaders, its membership as well as the other civic associations throughout the community, play a tremendous part in preserving the quality of life and any character of this~ community. Conceding all this, Mr. Chapin stated he feels it comes down to the question as a matter of financial integrity, responsibility to the taxpayers of the C~ty and it seems that almost a year later it is~hard to rectify that s~tuation by paying a non-City employee, an independent person, legal fees. his knowledge, the City did not authorize the City Attorney to hire an out- ~e counsel and the City did not have any hand in negotiating any legal fees. ~ Association had a right to enforce the ordinances and that its interest ~e not necessarily neutral as were those of the City. Mr. Chapin added he thinks the'Association was hurt in what was alleged about "pulling the rug from underneath them" during the litigation but he feels the taxpayers of this community would not be served, in'the long run to pay outstanding legal fees, as a matter of negotiation, and to do this now, owould mean to subject the City to a suit for an unauthorized payment of public funds. Mr. Randolph stated~he was in on all of the meetings that Council had in reference to the ramifications of this entire subject matter and he thinks Council was a little remissful in that they did not keep the Tropic Isle Civic Association advised at to what they were doing and subsequently let the Association out on a limb. He stated he does not agree in ~elping them with the funding as a blanket policy, but they are taxpayers and they joined the city in an effort to discourage something that was possibly distasteful to the - 9 - 4/12/77 !!ry. Mr. Randolph stated what the Tropic Isle Civic Association envisioned /.~©m Mr. Saberson's state'~r~ent, as of the meeting he attended with them, ~s <mpletely discarded from his remarks but he feels that with the efforts of the ~-~opic Isle Civic Association to stop the e~ent[! that.were occuring with the opping center, Council would be remissful not to assist 'them somewhat and would not allow this to be estab]ished as a precedence for future items of i.~is nature. However, along these particular lines, Mr. Randolph stated he ~i~i~els that if the City has someone supporting them, that they should be considere~ · ~.?i~ all of Council's decision-making process and in this case Council should i.~-~.sist the Tropic Isle Civic Association. Vice-Mayor Weekes stated this is another case where you can make good argument on either side of the question. On the one hand there was i=~ver any offer of the City's assistance in paying for these legal fees; it was matter of interpretation depending on where you stood as to what the City's - ~ ~ition was about an invitation to intervene in the suit and how that came /~.~out. But at no point has anyone alleged that the City offered to pay any of ~'~i=a legal expenses that were involved. Subsequently, it has been stated that <ii~ City "jerked the rug from under the Tropic Isle Civic Association's attorn~ ~'' ' ,1 their offer of settlement they had negotiated. The.fact is, their own ' ;torney sta~tes that the only difference between the final settlement and the ~< ~tlement which has been ~endered was a difference in the closing hours from 711:00 P. M. to 1:00 A. M. and that's the only substantive difference. The Vice-Mayor stated that the other side of the coin is that the ~.~i~ty got itself into a very dire predicament and Tropic Isle Civic' Association ~?f the residents of Tropic Isle stood shoulder to shoulder with the City to ~ to get the City out of that predicament and that deserves consideration. '..~ Vice-Mayor stated his own feelings is that the balance of the weight'should ".~ to the Association for their support in helping the City out of what was a · .~y bad situation. Upon roll call Council voted as follows: Mr. Chapin - No; .. '. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes. The motion passed with 3 to 1 vote. At this point the Mayor reentered the chambers and took the chair, ~e being 8:45 P. M. ' ~. At this point Item 6.e was discussed and passed. It was noted that .... motion to approve Item 6~d was incomplete as it did not state the fund from ~ ~ich this would be paid. The following amending motion on item 6.d was made .~?~er the Mayor turned the gavel over to Vice-Mayor Weekes. Mr. Sanson mo~ed to amend this motion (motion in Item 6.d) that ~i~.~is fee be paid out of the General Fund Contingency Account, seconded by . Randolph. Upon roll call Council voted as follows: Mr. Chapin - No; '. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes. The motion passed ~/ith a 3 to 1 vote. The Mayor returned to the dais. The City Manager stated the following bids have been received for ~ '~..~struction of Sanitary Sewer Project Part "C": BIDDER QUOTATION Bumby & Stimpson, Inc. $1~468,397.30 Orlando Sharp Construction Company 1,705,462.00 Palm Coast' Intercounty Construction Corporation '2,121.394.36 Ft. Lauderdale ~"~ City Manager reported since all of the bids were in excess of the Grant ,~<,~unt for construction on this project, it has been determined and approved the Economic Development Administration that the award of the contract may - 10 - 4/12/77 187 be made to the ].ow bidder, Bumby & Stimpson, Inc. in the amount of $1,025,000 for a reduced scope of work included, in the bid documents which has been determined to bring the cost of the project within the amount of $1,04].,159 allocated for construction in the Grant offer. Mr. Weekes moved to award the contract to Bumby and Stiml?son the low bidder in the amount of $1,468,397.30 and approve the issuance of a change order concurrent with the award of the contract to reduce the amount of the contract to $1,025,000, the amount of funds available for the work. Seconded by Mr. Chapin. Said mo'tion passed unanimously. 6.f. The City Manager recommended that the City accept the Environmen- tal Protection Agency's additional offer of an increase of $137,628 dated March 28, 1977 to EPA Project No. C-120406010 which includes cost to cover the s ids phase of the regional treatment plant and ratify the execution of the a eptance forms by the Chief Executive Officer of the South Central Regional W tewater Treatment and Disposal Board. Mr. Chapin moved that the City accept the Environmental'Protection Agency's additional offer of an increase of $137,628 dated March 28, 1977 to EPA Project No. C-120406010 which includes cost to cover the solids phase of the regional treatment plant and ratify the execution of the acceptance forms by the Chief Executive Officer of the South Central Regional Wastewater Treat- ment and Disposal Board, seconded by Mr. Randolph. Upon roll Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote'. 6.g. The Cfty Manager recommended that Council declare a nuisance to exist on the following properties and in compliance with Chapter 15 of the City's Code of Ordinances direct the City Clerk to comply with the ordinance in abating these nuisances: Treaty Point Property (Tropic Towers Tract I & II) North of the C-15 Canal, South of Tropic Isle Harb°r, East of the Intracoastal Waterway and West of Spanish Circle.' E 161' of W 166' of Lot 11, Block 1, Osceola Park (S.E. 5th Street - vacant lot) Next to 622 S.E. 5th Street. Mr. Sanson moVed that a nuisance be declared on the listed pro- perties'given to Council and direct the City Clerk to comply with the ordinance in abating these nuisances, 'seconded by Mr. weekes. Said motion passed unanimously. 6.h. The 'City Manager reported the following bids were received for construction of the Beach Bath House: 'BIDDER QUOTATION Bryson Construction, Inc. $63,510.00' Ft. Lauderdale Campbell Construction Company 78,865.00 Delray Beach The City Manager discussed with the architect, in an attempt to determine whether or not four to five thousand dollars or so could be cut from the project without too adversely affecting the building and he was informed that this could not be done. The City Manager reported the bids exceed the tOtal funding all6cated for this project between three and four thousand dollars. The City Manager, therefore, recommended that Council authorize acceptance of the low bid and later he will come to Council with a recommended source of fuDding for whatever the deficit turns out to be which, at this point, appears to be about $4,000. 'The Mayor stated that usually when bids like this are made and are presented to Council there is a time limit as to when something is to be con- - 11 - 4/12/77 188 :;~::"ucted and asked the City Manager when Council could anticip~.~te construction '?' this bid is awarded. The City Ma;lager stated %hat time is 130 days from the beginning · ,~f construction and, if the bid is awarded, they would commence.~ wi'thin [.he ~'.c::xt two weeks and be completed in September or aro~nd the first of Oc[t:ober. Mr. Weekes questioned why there are on].y two bidders considering ~;~h.e construction industry being depressed as it has been. The City Manager :i'.%ated he 'did not know why there were onl'y two bidders. The Mayor stated he. has been hearing conflicting reports about the ,:;<:nstruction industry and what they are doing and whether it is depressed or ~':;.oming he doesn't know. Mr. Sanson stated he assumes in the construction of this bath hous~ c:ontractors woul'd take every precaution and make every decision relative to 7.,y possibility of future hurricanes. Mr. Weekes moved for the authorizing of the City Administration ~3 accept the low bid from Bryson Construction Company, Inc., Ft, Lauderdale ~ the amount of $63,510.00, seconded by Mr. Randolph. ' Said motion passed animously. .i. It was recommended by the City Manager that this item be skipped. The Ci.ty Manage~ reported that Morgan Zook is willing to accept .appointment to a three-year term, ending April 22, 1980 to the Board of ~:~ustees, Police and Firefighters Retirement System. - ~ The Mayor stated that a few months ago Morgan Michael, who has .'~n a member of the Board for a long time and former president of the Delray ~ch Sun Bank, retired and moved to northern Florida. The City then requested '.::t.t Mr. Morgan Zook, who is Mr. Michael's replacement as President of the ..]_ray Beach Sun National Bank, take this appointment, which he graciously did; fever, the term expires this monLL. The Mayor stated he talked to Mr. Zook .:t week and he stated he would be very happy to serve the City in this :?acity if Council saw fi.t to reappoint him. Mr. Chapin moved for the reappointment of Morgan Zook for a . ~.?~:ee-year term to the Board of Trustees, Police and Firefighters Retirement '~'.~:-;.tem, ending APril 22, 1980, seconded by Mr. Randolph. Said motion passed ~..~:. The City Manager recommended that water supply wells numbers 2W, '3. i..., and 4W be accepted as operational to be added to the City's raw water supply ..~:,~:i:tem and authorize the final payment in the amount of $3,625 to be made to :..~- contractor Alsay-Pippin Corporation. This will be funded with money from ~'!.~r~ 1972 Water and Sewer Bond Issue. Mr.. Randolph moved for the acceptance of water supply Wells numbers ?i'!, 3W, and 4W and the final payment be paid to the Contractor Alsay-Pippin in~ '~. amount of $3,625 with funding to come from the 1972 Water and Sewer Bond ~ ~::ue, seconded by Mr. Sanson. Said motion passed unanimously. 7.a. The City Manager reported that a communicatiOn has been received '-;i:-0-~ the Area Planning Board dated March 28th, requesting A-95 Clearinghouse ?r~view and comments relative to the proposed subdivision development for ~hase ~i of Tropic Palms Plat No. 2 (Bass Creek). The proposal is in conformance ~..;':."~:h the City's Land Use Plan and existing zoning for the property and recommende( [!~;~t Council. give A-95 Clearinghouse sanction to this item which will be passed :~ to the Area Planning Board.' The City Manager stahed that this did not go to .the Planning Board .~:ause they are single family homes but the Planning Director checked 'this for :;'[.s compatibility with the Land Use Plan and it is compatible. - 12 - 4/12/77 189 It was stated upon question by Mr. Chapin, that the definition of an A-95 Clearinghouse review is a check, balance, and recheck on the develop- ment of land projects. The City Attorney stated it refers to a circular published by the Office of Management and Budget, in the Executive Department of the Federal Government, whose objective is to make sure that federal standards are being met in implementing federal programs; that there is not an overlap in programs in different geographical areas in the country, and that the programs are wanted at the local level. The regional agency receives notification of a project coming through and they are required to give notification to local governments of the processing of an application for federal funds. The City Manager stated his biggest complaint with the process is t~ t the City very seldom has enough lead time between the time his office r eives a request from the Area Planning Board for local reaction and the d dline date they specify. Since local reaction means action by the legisla- t e body and by having two meetings a month it often falls where the City's ~gislative action is after the fact. The City Manager stated he has written %he Area Planning Board two letters to this effect and copies were given to Council. Mr. Randolph moved to approve the recommendation of the administra- tion, seconded by Mr. Sanson. Said motion passed unanimously. Before roll call Mr. Sanson stated that the A-95 Clearinghouse review is now done by the Area Planning Board. It is being recommended to the County Commission that they instruct the Area Planning Board that they no longer handle the A-95 Clearinghouse reviews and that it would be transferred to the Regional Planning Council who is handling it anyway. The purpose for this came from the review committee he just finished serving on to eliminate duplications in bureaucracies in the areas they could and this was a duplication now of the Regional Planning Council. Mr. Sanson nOted that. on March 30, 1977 he reported to the Building Department %hat there had been-three .billboards erected on Lhe premises at Bass Creek fronting on 1-95. He asked the Building Department if these were legal signs and if permits had been issued for these signs. On March 30, 1977, two representatives of the Building Department went out there and determined that the signs are illegal and no permits were issued and the action taken is that the ordinance has been violated. Mr. Sanson stated the owner is supposedly turning the situation over to MacLaren Signs and applications will be made for the. signs. Knowing the sign ordinance as he does there is no way those signs could.comply because they are billboards, they are aesthetically unpleasing, they are in violation of the highway beautification act, and as of this date, April 12, 1977, they are still standing. If it has been determined that they are illegal, he feels they should come down regardless of whether or not they eventually might meet the sign ordinance. Mr. Sanson asked if something could be done about this. The City Attorney stated this is the first time he has heard of this particular situation; however, the sign ordinance does provide for removal )ceedings. He stated that if the signs are illegal per se, and if there is way in which he could construe them to be legal, he would suggest that Council ! ~uest that they be removed and, if not, then follow the normal enforcement >cedure. The City Manager asked if there is a time period if the owner does not wish to take them down. The City Attorney stated that there is a time period set forth in the ordinance, a specific notice has to be given to them giving them an opportunity to remove the sign ahd if it is not removed the City would remove them at the owner's cost. The City Manager stated this could be what's happening now; however, he would check into it. 8.a. The City Manager stated that Resolution No. 23-77 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which faila~ to abate such nuisances within the allotted time from date of original nuisance violation notice. The property affected has previously been repor0ted to Council in - 13 - 4/12/77 190 ~rvey report of January 10, 1977. The City Manager present, ed P. esolution No. 23-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT TO THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy. of Resolution No. 23-77 is on file in the official Resolution Book.) Mr. Sanson moved for the passage of Resolution No. 23-77, seconded ~>y Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; 3~r. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. ?he motion passed with a' 5 to 0 vote. ~.b. The City Manager reported that Resolution No. 24-77 authorizing 'i~e emergency purchase of a 1970 International Garbage Packer truck for the ii~ublic Works Department is to replace a City truck which was burned up and '~urned out to be a total l~ss. He s ~ted the City was able to secure a settle- i ~nt from the insurance company in the amount of $6,021 plus some salvageable i. ~.rtions of the truck. He reported that the $6,021 secured from the insurance ~i~F~mpany is within $1,000 of the $7,000 the City has to pay to replace the ~uck. The City Manager presented Resolution No. 24-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE EMERGENCY PURCHASE OF A.1970 INTERNATIONAL GARBAGE PACKER TRUCK. (Copy of Resolution No. 24-77 is on file in the official i~solution Book.) The Mayor stated that he noticed the $7,000 is to come out of the ~ .~tingency Account and wondered if that account is about exhausted. The City :~ager stated after the payment of $7,000 from that account the balance would >. $19,735 not considering payment of the Tropic Isle legal fees. Mr. Weekes asked if the money received from the insurance settlement ~'i'!!.l go back in the Contingency Fund. The City Manager stated the money received ~i~.,~ the insurance company would go into the City's Revenue Fund and not the ~i ~tingency Fund. The City Manager stated this is the legal, safe and acceptable ~ .~,~ of handling this and that it complies with the government auditors and all' ~ other rules and regulations the City has to go by. ~ Mr. Chapin asked if the City has received the check from the :~'~.surance company and the City Manager stated he does not know if the check h ~.,~e in; this is immaterial as far as cash availability is concerned because ~ .e <i~ty's cash is alright. Mr. Chapin moved for the passage of Resolution N6. 24-77, seconded ':.~'.Mr..Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; .~'. Randolph ~ Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. ~,!,~ motion passed with a 4 to 1 vote. ~.c. The City Manager reported that Resolution No. 25-77 is relative to ,~esting the State to budget $500,000 for Delray Beach Erosion Control expense. .Mr. Chapin stated that he thinks it's politics as usual to pass a :~'esolution to send to the Governor. Council sI)ould'do more this time and he - 14 - 4/12/77 1§1 urged the members of Council to consider a letter from the Administration outlining the history of the funding of the program in 1973 by the State of Florida. He stated that he would further ]]ope that. this resolution would go to the County Legislative Delegation and re©tubers of the County Commission along with a similar letter. He thinks this has to be a community-wide effort and not just a simple resolution from Council but hopefully from the Civic organi- zations in this community. He noted it was the BPOA and particularly the Chamber of Co~nerce in 1972 and 1973 who spearheaded the renourishment of the beach. He advised that he has contacted Senator Johnston and others have contacted, members of the Senate. The Mayor stated that this should be an addition to this resolution because this is the formerly approved way of expressing an opinion of Council and the government and when we send a resolution to these people the City r~ ~'eives acknowledgement. The-City Manager reported that much effort is going into an attempt t secure the $500,000 for ~elray Beach specifically and also for some other p. .jects that were cut out of the government budget. He stated he personally talked to Senator Phil Lewis and Representative Bill James who will have a lot to do with determining whether or not these funds are put in by the State Legislature. The Florida Beach and Shore Association is doing quite a bit of lobbying on behalf of the cities who have had their beach erosion project cut. To clarify an erroneous newspaper report that came out within the last few days stating that the State Cabinet has budgeted our erosion control project to the amount of $374,000 is incorrect and he determined conclusively with his conver- sations with Bill Carlton's office and Finance Director that the Cabinet did meet and at the m~eting they approved the project'in Delray Beach but they did not fund the project. The City Manager presented Resolution No. 25-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA TO PROVIDE IN ITS 1977-78 FISCAL YEAR BUDGET THE SUM O~~ $500,000 TO BE USED AS THE STATE CONTRIBUTION TOWARD THE CONSTRUCTION COST OF THE DELRAY BEACH RENOURISHMENT AND PRESERVATION'PROGRAM. (Copy of Resolution No. 25-77 is on file in the official Resolution Book.) Mr. Chapin moved' for the passage of Resolution No. 25-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. R~ndolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson stated he feels the resolution should have a sectiOn which specifies more specifically where the City wants the resolution sent. Mr. Sanson offered an amendment to Resolution 25-77 adding a ~ion II stating that bopies of this resolution are to be forwarded to the G, ~rnor, President of the Senate, Speaker of the House and members of the ~ Beach County Legislative Delegation. This amendment was accepted 'by Chapin and Mr. Randolph who moved and seconded the motion. 8.'d. The. City Manager reported that Ordinance 12-77 relative to annexing property south of Gulfstream Boulevard between U.S. No. 1 and Dixie Highway, Section 4-46-43 subject to the GC (General Commercial) District was passed on First Reading on March 14, 1957' and is presented'for consideration for Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading a public hearing has been scheduled'to be held at this time. The City Manager presented Ordinance No. 12-77: - 15 - 4/12/77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACII, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; i~:DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING TItEREOF. (Copy of Ordinance No. 12-77 is on file in the official C~r'dinance Book. ) The City Manager read the caption of the ordinance. A public ~.~aring was held having been legally advertised in compliance with the laws of i!'~e State of Florida and the Charter of the City of Delray Beach, Florida. Th i~ ~b~tic hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 12-77 'on Seconu7 ~g FINAL Reading, seconded by Mr. Weekes. Upo~a roll. call Council voted as .llows: Mr'. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - ~s; Mayor Scheifley - Yes. The motion passed~with a 5 to 0 vote. ~ ,'~. ~The City Manager reported that Ordinance No. 18-77 repealing ~ i'~ion 3-21(d) of the Code of Ordinances relative to signs -- annexations was ~ '~sed on First Reading by Council on March 28, 1977 and is now before Council consideration for Second and FINAL Reading. Prior to consideration of i~sage of this ordinance on Second and FINAL Reading, a public hearing has been ~ '~eduled to be held at this time. The City Manager presented Ordinance No. 18-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 3-21(d) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND REPLACING i'C WITH THE PROVISIONS CON-- TAINED HEREIN WHICH PROVIDE THAT WHEN A SIGN EXISTS WHICH DOES NOT MEET THE REQUIREMENTS OF CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND IF SUCH SIGN IS LOCATED UPON REAL PROPERTY WHICH HAS BEEN ANNEXED TO THE CITY OF DELRAY BEACH SUBSEQUENT TO DECEMBER 18, 1975, THEN SUCH SIGN IS SUBJECT TO THE REQUIREMENTS PERTAINING TO NONCONFORMING SIGNS WITH THE APPLICABLE TIME PERIODS RUNNING FROM DECEMBER 18, 1975; RPOVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 18-77 is.on file in the official ~i~dinan~e Book. ) The City Manager read the caption of the ordinance. A public i~e.aring was held having been legally advertised in compliance with the laws ~he State of Florida and the Charter of the City of Delray Beach, Florida. ~he public hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 18-77 on Second ! g:nd FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - ~es; Mayor Scheifley - Yes. The motion passed.with a 5 to 0 vote. The City Manager reported ~hat Ordinance No. 19-77 amending Chapter *?-~eaches" of the Code of Ordinances was passed on First Reading on March 28, ~{~77 and is now before Council for consideration for Second and FINAL Reading. / public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 19-77: - 16 - 4/12/77 193 AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 7 .. "BEACHES" OF THE CODE OF ORDINANCES OF TIIE CITY --~ OF DELRAY BEACH BY AMENDING SECTION 7-1(16) TO EXEMPT.NON-MOTORIZED BOATS NOT EXCEEDING 20 FEET IN LENGTH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-77 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City. of Delray Beach, Florida. Mrs. William Matthews, 1024 White Drive, Delray Beach stated on F: st hearing Council kindly allowed Mr. Lane to speak on this ordinance and si only wants to remind Council that from his experience he stated controls alt necessary when boats are allowed in a restricted beach area like this. She stated for her association this is the second ordinance in a very brief period of time relating to boats on the beach and if a problem should develop relative to them being on the beach you may expect a request for a third one some time in the future. The public hearing was closed. · . ~ Mr. Chapin moved for the adoption.of Ordinance No.-19-77 on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll.call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; 'Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 Vote. 8.g. The City Manager reported that Ordinance No. 11-77 relative to rezoning -- North of N. E. 8th Street between N. E. 7th Avenue and U. S. No. 1 from ~-15 (Multiple Family Dwelling) District to GC (General Commercial)District is before Council for consideration of passage Sn First Reading. A public hearing ha~ been scheduled to be held at this time. The holding of this hearing- is made necessary by Section 166.041, Florida Statutes. Council, at its regular meeting on February 28th, requested the City Clerk to give proper notice to property owners in the vicinity of N.E. 8th Street between N.E. 7th Avenue and U. S. No. 1 in_accordance with the Home Rule Act that will eventually lead to rezoning. The City Manager presented Ordinance No. 11-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING DISTRICT) IN GC (GENERAL COMMERCIAL DISTRICT) SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND LOCATED NORTH OF N. E; 8TH STREET BETWEEN N. E. 7TH AVENUE AND U. S. #1, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1976". The City Manager read the caption of the ordinance. A public h~.aring was held having been legally advertised in compliance with. the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. RandolPh moved for the passage, of Ordinance No. 11-77 on First Reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.h. The City Manager reported that Ordinance No. 20-77 amending Chapter 29 ~6-~ing" of the Code of Ordinances prohibiting the Board of Adjustment from granting a variance to any requirements, terms or conditions' set forth in Chapter 15C is before Council for consideration of passage on First Reading. - 17 - 4/12/77 194 The City Manager presented Ordinance No. 20-'/'7: AN ORDINANCE OF THE CITY COUNCIL OF TIIE C_ i Y OF DEL]LAY BEACH, FLORIDA, AMENDING CIIAPTEI% 29 "ZONING" OF THE CODE OF ORDIN~CES O~' THE CITY OF DELILAY BEAC~I BY AMENDING ,.~ ....... ,. 29-25(G) (h) "VARiZ~CES PROIIIBIT]!]D" '~0 ADD SUBSECTION (4) PROHIBIT~ENG THE DOARD OF ADJUSTMENT FROf~f GRAN~IN~ A VARIANCE TO ANY REQUIREMENTS, TEt~MS, OR CONDITIONS SET FORTH IN CHAPTER 15C OF THE CODE OF ORDINk~CES; PROVIDING A SAVING CLAUSE; PROVIDING ~ EFFECTIVE DATE. The City Manager read the caption of the ordinance. The-City Attorney stated the reason this ordinance was put on the ~ ~genda was to be consistent' with past practice when there is a situation ~egarding the Community Appearance Board where variances are not pe~nitted; th. ~ould also apply in the Board of Adjustment section of the Zoning Code. At ~he last meeting Council moved the permitting authority for landscaping permits ~'.o the Community Appearance Board and this amendment is proposed for the pur- :;.ose of cross-referencing it to the Board of Adjustment section of the Zoning Code. Mr. Sanson moved for the passage of Ordinance No. 20-77 on First ~;~ading, seconded.by Mr. Chapin. Upon roll call Council voted as follows: l'~z'. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; '~yor Scheifley - Yes. The motion passed with a 5 to 0 vote. · .a. The City Manager reported that the recommendation from the'Planning Zoning Board relative to sidewalks -- Bougainvilla Subdivision (IIamlet - :~:ase III) was brought to Council sometime ago at which time it was with a ..snimous recommendation coming from the Planning & Zoning. Board at the January , 1977 meeting that the sidewalk variance be approved by Council. At that ~e it was discovered that the ord~n~Dce requiring sidewalk~ Sid not give .dncil the perrogative to waive the sidewalk requirements. 'This was discussed '~_ the February 7th workshop meeting. Since that time an amending ordinance ~s been passed giving Council that authority. Mr. Sanson moved that Council waive the sidewalk requirement to the :'~.,ugainvilla Subdivision of the Hamlet, seconded by Mr. Randolph. Upon roll ~11 Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; ~i~z. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed %ith a 5 to 0 vote. 7~9. The City Manager recommended authorization for payment of the City's b./~7~ls. Mr. Sanson noted that on Page 1 of the bills dated 4/07/77 there were 'Ii checks made out for $528 to the basketball teams of the last tournament and '~ondered why the City is paying them. The City Manager stated that these are Yash-outs. He stated the City receives money periodically from the Parks & }~ecreation Department for attendance, etc. and the City in turn makes the 6isbursements; it is not the taxpayers money. Mr. Weekes moved that Council authorize payment of the'City's bil~ seconded by Mr. Randolph. Said motion passed unanimously. General Fund (3/31/77) ............ $168,633.18 General Fund (4/07/77) ............ 289,585.82. Special Project Fund ............. 2,853.00 Water &'Sewer Fund .............. 452,004.92 'Cigarette Tax Fund ........ · ...... 12,000.00 Utility Tax Fund ............... 54,075.85 - 18 - 4112177 City CJc~]:]c APPROVED: _ ,, The und'ersigned is tl~e City Clerk 'of .the City of Delray ]3~ach and that the in.f. ormation provided herein is the minutes of the meeting of said City Council for April 12, 1977 which minutes wcre formally approved and ~clo]pted by the City Council. on ~~ ~fl /~7~ City Clerk NOTE TO READER: If ~he minntes that you have received are hoe-compleL~d as indicated above, ~hen ~his means that these az*e not i:he ~]_czal minu~es of the City Council. They will beco2~e the of~' '' ._ minutes only after they ]lave been reviewed and' app.~rovc~:[ which may involve some amen~en-~s, additions or oeletzons {:{- the minutes as se~ ~er-kh above. - 19- 411.21'7'1