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09-26-77 SEPTEMBER 26, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:07 P. M., Monday, September 26, 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 Reverend Robert Klemm of Trinity Evangelical Lutheran Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Weekes moved for the approval of the minutes of the regular meeting of September 12, 1977, seconded by Mr. Randolph. Said motion passed unanimously. Before roll call Mr. Sanson noted that under item 6.c., page 5, 3rd paragraph, 6 lines~down, the name "Russell & Axon" should be Montgomery Engineering; under item 6.e., page 7, at the top of the page, 1st sentence where it states "therefore this should be corrected", Mr. Sanson stated he would like a statement of affirmation that this correction was going to be made which was his understanding that Council agreed to make. The City Attorney noted that the change had been made. 4.a.1. Mr. Chapin noted that the chairman of the Planning & Zoning Board's term expires on September 28, 1977. The Board is conducting a public hearing tomorrow night and, if necessary, the 29th of this month. Mr. Chapin stated he thinks it will be appropriate for Council to consider the reappointment of Mr. Carey as chairman of this board. Mr. Chapin moved for the reappointment of Frank Carey for a three year term expiring September 28, 1980 for the Planning & Zoning Board, seconded by Mr. Weekes. Said motion passed unanimously. 4.a.2. Mr. Chapin noted that the City's recently authorized appli- cation to expand its water treatment plant, costing approximately $2.2 million, was to be submitted today; if not it will be submitted tomorrow to the local officials of DER in West Palm Beach and the County Health Department of West Palm Beach. Based upon what he learned at the meeting Friday, in West Palm Beach with special counsel for the City, Mr. Moyle and top echelon of Russell & Axon, he is hopeful the City will get an affirmative decision on that application within a week to ten days. If not, perhaps the conceptual approval will be granted in Tallahassee at the DER office within the next 30 days. 4.a.3. Mr. Chapin requested that the City Manager set a workshop in the very near future to discuss the procedure and communication for the budget for 1978-79 fiscal year. He stated the Financial Advisory Board made two very good comments and recommendations. One relates to review of the merit salary increase system and the other to review the salary structure of the City. He stated these are large items and he would like to see them set up in a separate workshop between now and the end of the year. 4.a.4. Mr. Chapin requested that the Administration refer to the Financial Advisory Board, the adequacy of the funding of the general employees retirement fund as well as the police and fireman retire- ment fund and have the Financial Advisory Board report back to Council. Mayor Scheifley stated that this week Mr. Young, the City Manager and himself are going to meet to discuss these problems and he feels it is a good idea to put it on a workshop meeting and by that time some of these suggestions may be resolved. Mayor Scheifley stated, in reference to the pension fund, the ordinance specifically excludes the Financial Advisory Board's participation. The Police and Fireman Pension Board hire not only consultants and planning associates, but also a financial advisory service. 4.b.1. Mr. Sanson stated that he assumes in the near future Council will be considering the appointment for the replacement on the Planning & Zoning Board for Mr. Poole. The City Manager stated that will be considered at the work- shop; it was not put on the agenda because it should go to workshop first. 4.b.2. Mr. Sanson stated that in the last three to four months, he has had three reported incidents of cars being vandalized and broken into during Council functions; the latest incident having happened last week. He noted that there is someone present at the closing of the meeting but perhaps someone should be present during the course of the meeting. He asked that the Administration give this some attention. 4.b.3. Mr. Sanson noted that election time is suddenly going to be upon us and any kind of action to be taken on the public works com- plex will not have been discussed. He understood that nine months ago Council discussed this and was going to give active consideration to putting together a referendum question and, if Council waits much longer, it cannot be done and done right. 4.b.4. Mr. Sanson questioned the appointment for a department head in the Engineering Department. The City Manager advised that this is being pursued; there is a number of applications but he is not ready with an appointment yet. 4.c. Mr. Weekes stated he is in receipt of a letter from the Intercontinental Bank of Miami Beach turning down the City's offer for the purchase of the property to the south of Miller Park. He would like the consensus of Council to authorize him to respond to that letter, acknowledging its receipt, and advising them that the matter will not be considered further by Council until after his return from vacation. He stated he asks this because he has been involved since the beginning and he would like to continue to be involved. Mayor Scheifley asked the Council if they are in agreement with this and they answered yes. 4.d. Mr. Sanson noted that he will not be in attendance at the October 31st meeting, if there is one; this being the 5th Monday of the month there may not be a meeting. 4.e. Mayor Scheifley read a Proclamation proclaiming the month of November, 1977 as "Jewish War Veterans Auxiliary Month". A repre- sentative of the auxiliary thanked the Mayor for the issuance of the proclamation. 5. Mrs. William Matthews, 1024 White Drive, Delray Beach, representing the Beach Property Owners Association, suggested that adjacent to the pedestrian lane on the proposed Linton Boulevard Bridge, provisions be made for a bicycle lane. Mayor Scheifley noted that this is to be on the agenda for workshop on Monday night and asked that they be present to discuss this in more detail. 6.a.1. The City Attorney reported in reference to Dual Tax Litiga- tion, a document has been passed to Council entitled "Alternative Writ of Mandamus" On the second page of that document it is noted that there is a hearing scheduled for this Friday at 3:30 P. M. and at that hearing the cities will be presenting evidence and testimony as to the - 2 - 9/26/77 impact of the current budget, the tax, etc. 6.a.2. The City Attorney noted that relative to the sale of the Stryker Yacht, they have been working toward a sale date of October 14th and an auction time of 10:00 A. M. on that date. He stated he would like Council's consent to set up a special meeting at 11:00 A.M. on that date to either accept or reject the highest bidder or such other bid the City may wish to deal with. Mr. Chapin stated it would be agreeable with him if it could be at 11:45 instead of 11:00. Mr. Weekes stated he may have to be out of town on that date; the other Councilmen agreed with 11:45 A. M. 6.b. Mayor Scheifley presented awards on behalf of Council and the City in appreciation for the people who have volunteered their service to the City. He noted they performed these services without any pay or remuneration from the City. He expressed Council's thanks to the following: Philip S. Campbell - Public Employees Relations Commission Ted Jakomas - Downtown Development Authority James L. Love - Downtown Development Authority John J. Mangan - Public Employees Relations Commission There were awards for Swan Brown of the Community Appearance Board, Robert M. Kinkead of the Board of Adjustment and James G. Whildin, Jr. of the Community Appearance Board who were not in attendance to receive their awards. 6.c. The City Manager reported that Council, at its meeting on May 23, 1977, reappointed Evert Young, Walter Anstey and William Nix as regular members of the Financial Advisory Board to terms ending April 12, 1978. Terms on the Board are for two years (not one year) and the appointment should end April 12, 1979. To make this correction, Council should entertain a motion for the reappointment of Evert Young, Walter Anstey and William Nix as regular members of the Financial Advisory Board to two-year terms ending April 12, 1979. Mr. Chapin moved for the reappointment of Evert Young, Walter Anstey and William Nix as regular members of the Financial Advisory Board for a two-year term ending April 12, 1979, seconded by Mr. Randolph. Said motion passed unanimously. The City Manager noted that Thomas Smith's name is not on the list just referred to. Mr. Smith was not officially appointed by Council due to a change that Council wished to make in the ordinance, adding that a person could serve as a member of this board if they are a taxpayer in addition to being an elector of the City. Council should consider, at this time, appointing Thomas Smith as an alternate member of the Financial Advisory Board to a term expiring April 12, 1979. Mr. Weekes moved that Thomas Smith be appointed to the Financial Advisory Board for a two-year period as an alternate member to a term expiring April 12, 1979, seconded by Mr. Chapin. Said motion passed unanimously. 6.d. The City Manager reported that Civil Service Board Chairman John Detwiler, has recommended that John L. Pitts be appointed to the Civil Service Board to serve the unexpired term of J. Arnold Carter ending April 1, 1979. Mr. Pitts is willing to serve. Mr. Weekes moved that John L. Pitts be appointed to the Civil Service Board to serve the unexpired term of J. Arnold Carter ending April 1, 1979, seconded by Mr. Chapin. Said motion passed unanimously. 6.e. The City Manager reported that, as discussed at the Septem- ber 19th workshop meeting, Council is to consider a replacement for Robert Kinkead, an alternate member of the Board of Adjustment to a - 3 - 9/26/77 term ending March 15, 1980. Mr. Chapin moved for the appointment of Marie Horenburger as an alternate member of the Board of Adjustment for a term ending March 15, 1980, seconded by Mr. Sanson. Said motion passed unanimously. 6.f. The City Manager reported pursuant to discussion at work- shop on September 19th, it is recommended that the Board of Adjustment Rules of Procedure proposed by the Board of Adjustment be approved by Council. The rules were revised to include the desired provision of Council with respect to alternate members. Paragraph 2, page 3 of the rules contains reference to a $50 appeal filing fee. During bud- get workshop discussion, the City Manager recommended raising the City's Board of Adjustment filing fee from $50 to $100. Decision was deferred by Council to some future date. Mr. Weekes questioned the City Attorney if the filing fee should be part of the rules of procedure. The City Attorney answered that it is not required to be part of the rules of procedure but any- one who would pick up the rules would be advised of what the fee is. Mr. Weekes stated that he and Mr. Sanson requested that the Single Family Residential Fee remain the same and be increased for all others. Mr. Sanson stated that it is his basic feeling that quite a few of the people who come before the Board for requests for variances are people from the lower income areas. Because of very poor past zoning practices in Delray, they had to suffer tremendously with smaller lots than what would now be permitted and unnecessary and unreasonable setbacks. Therefore, he questions whether these people could afford the $100 fee. Mr. Weekes noted that in the single family area many of the petitioners come before the Board of Adjustment because the City has made them nonconforming and, therefore, the City is now asking them to pay a fee to try to overcome something that the City has forced upon them as citizens. Mayor Scheifley stated he feels the fee should be uniform and for someone who wants to lower the millage and reduce taxes and put things on a paying basis, is not consistent; he thinks it should be uniform and it is just another step in getting into litigation and more class action suits, etc. He stated Council should strive for the goal of putting things on a paying basis. The City Attorney stated that the Board of Adjustment rules also contain a provision that in the event that an appeal is withdrawn before public notice is given, $30 or three-fifths (3/5) of the appeal fee is returned which is something Council might want to deal with in their motion. Also, as far as distinguishing between single family and commercial, in order to be clear on what aspect of single family Council is focusing on, consideration should be given to whether or not you're talking about someone in the single family zoning district, someone applying for one lot, or someone applying for a variance which has to do with a platted subdivision, which is a single family subdivi- sion. Mr. Weekes stated that his intent is to accommodate those people who are living in existing houses that have been made non- conforming by some action of this Council or prior Council; someone who has to come in and go before the Board of Adjustment because of something Council has done to make his property nonconforming. He stated he is not concerned insofar as the fee is concerned about the developer who wants to reduce the side yards, etc. Mr. Randolph stated he concurs with Mr. Weekes' thinking along this line; however, he would like to hold this under the auspices of single family - that a person who owns a single family dwelling and that person came forth with an application - fine - but other than that category, no. ~ - 4 - 9/26/77 Mr. Chapin suggested that Council strike any fee notations in Section 2 and Section 3 from the rules of procedure so as not to complicate it. Therefore, he recommends to adopt the rules of proce- dure striking the words "of $50" in Section 2, page 3; and in Section 3, page 3, take out the last sentence. There was a discussion on the $10 fee to cover amended public notice in paragraph 6, page 4. Mr. Chapin moved that Council eliminate the first two refer- ences to dollars in Sections 2 and 3 and in paragraph 6, strike out $10 and Council adopt the rules with these deletions, seconded by Mr. Weekes. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 3 to 2 vote. Mr. Weekes stated he would like to have some input from the Administration as to what it costs for an amended filing. It was no. ted the cost for the price of a public notice in the newspaper is approxi- mately $12 to $14. The City Manager stated it would be approximately $20 because there is cost and additional postage and $20 would be a reasonable figure. 6.g. The City Manager reported that as discussed at workshop on September 19th, Council is to consider authorizing the retention of Dr. Eidsness to investigate the water treatment plant filter rate. He stated he has been unable to talk with Dr. Eidsness since that time - he is away and is due back by next Tuesday. His office is expected to talk with him in a day or two and they will have him call. The City Manager stated that, if Council still wishes to proceed with this course of action, he would recommend that Council authorize Dr. Fred Eidsness be retained on the terms and conditions as discussed at the workshop meeting. Mr. Weekes stated that, since making the suggestion that Council hire Dr. Eidsness, there has been a substantial lawsuit filed against the firm that bears Dr. Eidsness' name. He noted that per- sonally, that does not affect his evaluation of Dr. Eidsness' ability to perform the work which Council has suggested that he be asked to perform. However, if the majority of Council feels uncomfortable with that, he would be glad to listen to another suggestion. He stated that his aim is simply to try to find someone who is very confident and who can give Council an unbiased evaluation of this plant. Mr. Chapin stated that in light of the fact that Dr. Eidsness is unavailable to state whether or not he would accept this appoint- ment, it would be appropriate to postpone, temporarily, this matter until Council can determine if he will be willing to serve. Mr. Sanson stated that Council might want to consider the avenue that what is trying to be accomplished is to see whether or not the City's plant is sufficient to handle higher filter rate capacity. Perhaps Council would want to retain the services of a firm that has dealt with plants being built here in the state of Florida with higher filter rate capacities. He stated he does not know specifically of any firms and, therefore, feels it would be wise to table this and see if Council can find some of the firms that have handled this in other cities in Florida. Mr. Sanson moved that this item be tabled, seconded by Mr. Chapin. Said motion passed unanimously. 6.h. The City Manager recommended that the grant offer from the U. S. Department of Commerce Economic Development Administration under the Local Public Works Capital Development and Investment Act of 1976 in the amount of $416,000 for the construction of Sanitary Sewer Im- provements, Round II be accepted. Mr. Chapin moved that Council accept the federal dollars from the U. S. Department of Commerce Economic Development Administra- tion in the amount of $416,000 for the construction of Sanitary Sewer Improvements, Round II, seconded by Mr. Randolph. Said motion passed - 5 - 9/26/77 unanimously. The City Manager noted that this is one of the improvement projects that the City had tentatively approved by the Federal Govern- ment some time ago in the same group of projects that the Plumosa School Library was included in. At that meeting, when Council agreed by motion to proceed with the projects as outlined, Council authorized the firm of Russell & Axon to proceed with the preparation of the necessary applications and to take all other steps; this was later confirmed by the agreement that was entered into by the City and Russell & Axon on May 11, 1977. 6.i. The City Manager reported that it is recommended that Coun- cil authorize approval of a lease agreement between the Delray Beach Jaycees and the City for a Summer Day Camp.' The Parks & Recreation Department has used the Jaycee Clubhouse and the grounds since 1969 when the Jaycees entered into a lease with the County for the use of the property. The Jaycees are requesting $500 rental for use of the premises from October 1, 1977 through September 30, 1978. Funds are provided in the Parks & Recreation budget for this purpose. The City Attorney noted that in paragraph 2, the first page of the lease, there is a date to be filled in with regard to when the $500 rental payment would be made. He stated, if no one had any feelings to the contrary, it probably should be made at the time the City would take possession which would be one week after the Palm Beach County Schools start summer vacation. After discussion, it was agreed the City Attorney would make this amendment to the lease. Mr. Chapin noted that most leases that he draws up have a provision that the lessee should have adequate insurance and hold the landlord harmless and indemnify the landlord from any causes of action, etc. He asked the City Attorney if he feels such is necessary in this instance. The City Attorney answered not in a lease of this type; the dollar figure being given for the use of the premises is such that, if you were going to make that requirement of the lessee, they would need that much more money. The City's insurance program would provide sufficient coverage and you must have insurance for the operation of the day camp. Mr. Randolph moved that Council authorize approval of the lease agreement between the Delray Beach Jaycees and the City for the Summer Day Camp program for the sum of $500 with the date to be in- serted by the City Attorney, seconded by Mr. Weekes. Said motion passed unanimously. 6.j. The City Manager reported that the following quotations have been received for selling the City chlorine to be used in the Water and Sewer Department during the fiscal year 1977-78: 125 One-ton 110 150-Lb 7,500 Cylinders Cylinders Lbs HTH Allied Chlorine and $19,918.75 $2,475.00 Chemical Products, Miami Jones Chemical Company 20,275.00 2,128.50 $5,268.75 Ft. Lauderdale Thompson-Hayward Chemical 21,925.00 2,574.00 4,612.50 Hallandale Aqua Chem Company No Bid No Bid 4,950.00 Coral Gables It is recommended that the low bid in each category be awarded as follows: One-ton cylinders to Allied Chlorine and Chemical Products, Inc. in the amount of $19,918.75; 150-lb cylinders to Jones Chemical Company - 6 - 9/26/77 in the amount of $2,128.50; and HTH to Thompson-Hayward Chemical Company in the amount of $4,612.50. Sufficient funds for these pur- chases are provided in the 1977-78 Public Utilities budget. Mr. Randolph moved that the bids be awarded to the low bidder as outlined by the City Manager, providing the funds will come from the Public Utilities' budget, seconded by Mr. Sanson. Said motion passed unanimously. 6.k. The City Manager recommended that this item be skipped. Mr. Chapin moved that the execution of a mutual aid agree- ment between the City and the County in case of a disaster be tabled, seconded by Mr. Sanson. Said motion passed unanimously. 6.1. The City Manager reported that it is recommended that Council authorize the City Administration to retain ownership of and use for City purposes, the 1977 GMC Pick-up truck confiscated by the City Police Department in a drug raid from which a 1974 Stryker Yacht and a 13.5' Boston Whaler were also confiscated. If approved by Council, the pick-up truck will be assigned to the Water and Sewer Department in lieu of purchasing a 3/4 ton truck for which $6,500 is provided in the 1977-78 budget. The City Attorney has advised that the City may legally take this action. Mr. Chapin asked the City Manager if Council takes this action, could Council then delete the like sum of $6500 from the 1977- 78 budget? The City Manager answered, yes; however, it doesn't mean anything as far as the water and sewer budget is concerned; it would be just that much money that the City would not spend. Mr. Chapin moved that Council authorize the City Administra- tion to retain ownership of the 1977 GMC Pick-up truck, seconded by Mr. Randolph. Said motion passed unanimously. 6.m. The City Manager recommended that Council authorize approval of Change Order No. 1 relative to the contract for four New Water Supply Wells, Part B, Raw Water Mains which will add $1,945.62 to the original contract price of $319,218.35. The change is needed to elimi- nate a conflict in the installation of a new 24" raw water main and an existing 12" water main. Mr. Randolph moved for the authorization for the approval of Changer Order No. 1, relative to the contract for four New Water Supply Wells, Part B, Raw Water Mains with the sum of $1,945.62 to be added to the original contract price of $319,218.35, seconded by Mr. Chapin. Said motion passed unanimously. 6.n. The City Manager reported the Palm Beach County Parks & Recreation Committee requested the City's assistance in renaming the Kucera-Gwynn property since the present name reflects the former owners from whom Palm Beach County and Delray Beach acquired the property. Suggested names are: NAMES SUGGESTED BY Coquina Park Ena G. McFee, Realtor Driftwood Park " Sun Rise Park " Surfside Park " Turtle Track Park " Sand-O-Way Park " Jack Saunders Park Parks & Recreation Department This was discussed at the September 19th workshop meeting. Mr. Weekes moved that Council recommend that the north parking lot be named Sandoway Park, seconded by Mr. Chapin. Said motion passed unanimously. Mr. Chapin suggested that the name Sand-O-Way be spelled as one word, Sandoway. The Mayor commented that the reason for this - 7 - 9/26/77 name is that there was a Sandoway structure there for many years which was torn down. Mayor Scheifley suggested Surfside Park for the south park, that being the area where the surfers congregate. Mr. Chapin moved that the naming of the south parking lot be referred to the Beautification Committee for further input in this matter, seconded by Mr. Sanson. Said motion passed unanimously. Mayor Scheifley stated that the Beautification Committee will be meeting on the first Wednesday in October, which means Council will not be able to act on it until the next Council meeting. The City Manager stated John Dance, the Director of County Parks, has requested that the suggested name be furnished him to take to the County Committee for action, however, he will attempt to reach Mr. Dance by phone and ask him if it could be delayed until Council has a chance to look at it. Mayor Scheifley suggested that the City Manager also contact Jack Gomery to make sure they consider this at the Beautification Committee and come to a definite decision next Wednesday. 6.o. The City Manager reported the following quotations have been received for landscaping, placement of railroad ties, sprinkling system and removal of paving at the N. E. 1st Street parking lot: Item 1 - Landscaping and placement of railroad ties BIDDER QUOTATIONS Delray Nursery and Landscape, Inc. $11,895.00 Delray Beach Sunny State Nursery & Landscape Co. 20,163.50 Boca Raton Turner Nursery & Landscape Co. 20,582.43 Item 2 - Sprinkler System ~BIDDER QUOTATIONS Ribatto's Lawn Sprinkler Co. $1,282.00 Boynton Beach Rohrbaugh Sprinkler Service 1,675.00 Boynton Beach National Sprinklers & Wells, Inc. 2,571.32 Boca Raton Dan Kilpatrick Sprinkler Installers 1,558.90 Boca Raton Item 3 - Removal of paving BIDDER QUOTATIONS Hardrives, Inc. $3,673.00 Delray Beach Campbell Construction Co. 4,275.00 Delray Beach It is recommended that the low bid in each category be awarded as follows: Item 1 - Landscaping and placement of railroad ties to Delray Nursery and Landscape, Inc. in the amount of $11,895; Item 2 - Sprinkler System to Ribatto's Lawn Sprinkler Company in the amount of $1282; and Item 3 - Removal of paving to Hardrives, Inc. in the amount of - 8 - 9/26/77 $3673. Funds for the above will come from interest earnings in the Capital Improvement Construction Fund per prior workshop discussion (when Mr. Gomery was on Council). Mr. Weekes moved that Council accept the low bids for the landscaping and placement of railroad ties, sprinkler system, and removal of paving at the N. E. 1st Street parking lot with such bids being awarded to the low bidder in accordance with the outline pre- sented by the City Manager, seconded by Mr. Chapin. Said motion passed unanimously. 7.a. Mayor Scheifley acknowledged the minutes of the Beautifi- cation Committee for its September 7, 1977 meeting. 7.b. The City Manager reported that a communication has been received from Mr. Stephen Sorak requesting an extension of one year to October 11, 1978 for conditional use approval of the Congress Professional Building on the west side of Congress Avenue between Atlantic Avenue and Lowson Boulevard. It is recommended that this request be referred to the Planning & Zoning Board for study and recommendation. Mr. Chapin moved that Council sustain the recommendation to refer this to the Planning & Zoning Board for study and recommen- dation, seconded by Mr. Randolph. Said motion passed unanimously. Before roll call Mr. Sanson asked that the members of the Planning & Zoning Board take a good look as to whether or not the ex- tension should be granted; it should be seriously considered whether or not they want to lead that area to residential or commercial. This will be an extension of one project that has already been allowed and by doing it you're strengthening Mr. Collins' argument that the area should be strip zoned commercial and, as far as he can tell, it is not being in conformance with the land use plan or the present zoning. 7.c. The City Manager reported that a communication has been received from the League of Women Voters of South Palm Beach County requesting permission to solicit funds on November 2, 1977, approval of which is recommended by the Solicitations Committee. Mr. Chapin moved for the approval of this recommendation to authorize solicitation of funds by the League of Women Voters of South Palm Beach County, seconded by Mr. Randolph. Said motion passed unanimously. Before roll call, Ingrid Eckler, Seacrest Boulevard, Delray Beach, Chairman of the League of Women Voters of South Palm Beach County - 1977 Finance Drive, spoke on the requirement in the ordinance pertaining to a quarter-page ad being published in the local paper prior to the drive. She noted their cost would be $89 and that pre- sents a hardship. The League conducts a limited drive, in fact, approximately 75 letters will go out to a very special list of friends and supporters of the League with follow-up visits by members. Last year they received $683 from those approached in Delray Beach. This requirement for an ad, which is the first time they ha~e been required to do this in Delray Beach, means that 13 percent of what was col- lected last year must be used for a display ad. Therefore, the League respectfully appeals to the Council for relief in this matter. Upon question as to why the ad is required, the City Attorney stated that the reason for it is so that the citizens of Delray get an expense breakdown of the organization and how they spend the money - how much is spent at the local level, regional level, etc., and how much is eaten up in expenses. It gives them an idea of where the money is going before they contribute. Mrs. Eckler noted that part of the requirement is that this information be sent as an enclosure in every letter that is mailed and this they will do. - 9 - 9/26/77 Mr. Chapin suggested that Council authorize the City Attor- ney to come up with a solution to alleviate the hardship. The problem is, it cannot be done this year in time for the drive; however, Council will try to do it next year and do it lawfully. If Council tries to do something in terms of a waiver or some type of equitable relief, it would be opening the door for a lot of other possible abuses. Mayor Scheifley thanked Mrs. Eckler and commented that he thinks she has done a service to all the organizations and pointed out a flaw for people who conduct small drives but there is nothing Council can legally do without violating a lot of principles. 8.a. The City Manager reported that Resolution No. 49-77 authorizes the filing of an application with the State of Florida Department of Community Affairs for State Funds in connection with requesting financial assistance from the Local Government Comprehensive Planning Act Assistance Fund Program for 1977-78. Adoption of Resolution No. 49-77 is recommended. The City Manager presented Resolution No. 49-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF COM- MUNITY AFFAIRS TO INCLUDE THE CITY OF DELRAY BEACH'S APPLICATION AMONG THOSE REQUESTING FINANCIAL ASSISTANCE FROM THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM FOR 1977-78. (Copy of Resolution No. 49-77 is on file in the official Resolution Book.) Mr. Randolph moved for the adoption of Resolution No. 49-77, seconded by Mr. Chapin. Upon roll call 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. Before roll call Mr. Sanson asked the City Attorney if he prepared the resolution; the City Attorney answered that the resolu- tion was submitted by the department. Mr. Sanson stated that the $750,000 has been decided to be allocated on a "as needed" basis, meaning those cities who truly need financial help are going to get it. The $750,000 was a drop in the bucket to the estimated cost of this program for the municipalities and local governments of Florida. This is probably one of the more~ blatant examples of the legislature's unfairness to mandate programs and not provide funding for the implementation. It would be the Florida League's position to ask for more money in the upcoming budget and he hopes Council will continue to support that position. 8.b. The City Manager reported that Resolution No. 50-77 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisance within the allocated time from date of origi- nal nuisance violation notice. The property affected has previously been reported to Council by the City Manager in survey report of April 12,. 1977. Council may request any further desired information in lieu of which, and in compliance with Section 15 of the City's Code of Ordinances. Adoption of Resolution No. 50-77 is recommended. The City Manager presented Resolution No. 50-77: 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 ' - 10 - 9/26/77 TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUI- SANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 50-77 is on file in the official Resolution Book.) Mr. Sanson moved for the adoption of Resolution No. 50-77, seconded by Mr. Chapin. Upon roll call 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. 8.c. The City Manager reported that Resolution No. 51-77, to the Florida State 1977-78 Constitution Revision Commission requesting a proposed revision to Florida State Constitution Article VIII relative to dual taxation, is before Council for passage consideration. The City Manager presented Resolution No. 51-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE FLORIDA STATE 1977-78 CONSTITUTION REVI- SION COMMISSION RESPECTFULLY REQUESTING A PROPOSED REVISION TO FLORIDA STATE CONSTITUTION ARTICLE VIII, SECTION 1. (h). (Copy of Resolution No. 51-77 is on file in the official Resolution Book.) Mr. Weekes moved for the adoption of Resolution No. 51-77, seconded by Mr. Chapin. Upon roll call 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. 8.d. The City Manager recommended that this item be skipped until the passage consideration of item 8.g. (Budget Ordinance). 8.e. The City Manager reported that Ordinance No. 45-77, rela- tive to rezoning Lots 20 and 21, Delray Beach Shores, Section 21-46-43 on the west side of A1A, between White Drive and Rhodes Villa Avenue from RM (Residential Multiple Family District-Medium Density) (County zoning) to R-1AA (Single Family Dwelling District) (City zoning) is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 22nd meeting at which time a public hearing was held. The City Manager presented Ordinance No. 45-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (RESIDENTIAL MULTIPLE FAMILY) DISTRICT (MEDIUM DENSITY) (COUNTY ZONING) IN R-1AA (SINGLE FAMILY DWELLING) DISTRICT (CITY ZONING), LOTS 20 AND 21, DELRAY BEACH SHORES SUBDIVISION. SAID LANDS LYING ON THE WEST SIDE OF A-l-A, BETWEEN WHITE DRIVE AND RHODES VILLA AVENUE IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 23, PAGE 167, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AMENDING "ZONING ~.~P OF DELRAY BEACH, FLORIDA, 1976". (Copy of Ordinance No. 45-77 is on file in the official Ordinance Book.) - 11 - 9/26/77 The City Manager read the caption of the Ordinance. Mr. Weekes moved for the passage on Second and FINAL Reading, Ordinance No. 45-77, seconded by Mr. Chapin. Upon roll call 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. At this point Mr. Chapin left the room to avoid any con- flict of interest on the next item in that his law partner represents the petitioners. 8.f. The City Manager reported that Ordinance No. 46-77, rela- tive to rezoning Lots 60 and 61, Delray Beach Shores, Section 21-46-43 on the west side of A1A, between Lewis Cove and Brooks Lane from RM (Residential Multiple Family District-Medium Density) (County zoning) to RM-6 (Multiple Family Dwelling District) (City zoning), is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 22nd meeting, at which time a public hearing was held. The City Manager presented Ordinance No. 46-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (RESIDENTIAL MULTIPLE FAMILY) DISTRICT (MEDIUM DENSITY) (COUNTY ZONING) IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT (CITY ZONING), LOTS 60 AND 61, DELRAY BEACH SHORES SUBDIVISION. SAID LANDS LYING ON THE WEST SIDE OF A-l-A, BETWEEN LEWIS COVE AND BROOKS LANE IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RE' CORDED IN PLAT BOOK 23, PAGE 167, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1976". (Copy of Ordinance No. 46-77 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage of Ordinance No. 46-77 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. At this point Mr. Chapin returned to his chair. 8.g. The City Manager reported that Ordinance No. 58-77, relative to the 1977-78 municipal budget is before Council for passage consid- eration on Second and FINAL Reading. This ordinance was passed on First Reading at the September 12th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 58-77: AN ORDINANCE MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDI- TURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1977 TO THE 30TH DAY OF SEPTEMBER, 1978: TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESO- ~ - 12 - 9/26/77 LUTIONS AND ORDINANCES WHOLLY IN CON- FLICT WITH THIS ORDINANCE, AND ALL RESOLUTIONS AND ORDINANCES INCONSIS- TENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Ordinance No. 58-77 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. Frank Ellis, 553 Jaeger Drive, Tropic Palms, Delray Beach, stated that there is nothing to indicate what the budget figures amount to in dollars and cents or what they cover and it seems, if the public is to vote on this, theY should know more about it. He asked if there were any copies made of the budget on First Reading that could be supplied so that the public could follow it. Mayor Scheifley stated that copies are available; a distri- bution is made to the Council, the press, the Financial Advisory Board and a copy is kept in the City Clerk's office for anyone who wishes to see it. Mr. Ellis stated when discussion of the budget first started the figure was something like $11 million and now, according to the newspapers, it has jumped up to $13 million. In addition to this a lot of citizens in Tropic Palms he spoke to about taxes claim they have also received a County increase in their taxes from $5000 to $8000 on their property. Mr. Ellis asked if this was considered at the time Council reviewed the budget, to which the Mayor answered yes, and the points that Mr. Ellis has alluded to were taken into very careful consideration and Council is very aware of them. The City Manager stated that the City's policy is to make about 20 or so copies of the proposed budget only; enough copies for City Council, the Financial Advisory Board, the Press, the City Clerk's office, the City Manager's office and the City Attorney's office. A copy is made available in the City Clerk's office for anyone to come in and look at. Mr. Sanson asked if it is a practice to have a copy of the proposed budget at the library, if not, he would recommend that a copy be placed in the library. It was determined that a copy of the approved budget is sent to the library, however, it would not be a problem to send a copy of the proposed budget. The public hearing was closed. Mr. Weekes moved for the passage of Ordinance No. 58-77 on Second and FINAL Reading, adopting the 1977-78 budget, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had. Mr. Sanson questioned the increase in debt service in this year's budget as compared to last year's and asked unless new bonds or certificates have been issued, wouldn't the debt service go down? The City Manager responded that it is not necessarily true as the balance on the bond issue goes down, that the amount of debt service requirement decreases. There is a schedule for debt service including principle and interest payment and there is a specified amount on each bond issued for each year. The way to determine what is going to be needed during the coming year each time you make the budget for debt service for the next year is to add up all those ' - 13 - 9/26/77 requirements; this is what was done in this case and the totals added up to what is in the budget. Mr. Weekes noted that some of these things were partially funded last year and the year before that out of excess funds that were left over from some of the bond issues, so that those funds are now being exhausted and having to be funded out of revenue now. Mr. Sanson noted that there is approximately $45 million in increased property assessment values in the City and questioned Mr. Weber, Finance Director, as to what kind of revenue does that generate, as opposed to the proposed millage rate? Mr. Weber stated he does not have that figure. Mr. Sanson stated that if he has-to oppose the budget it will be on one basic, general premise - that he feels this city is spending too much money this year. He stated he supports and applauds the Council for its efforts to increase revenue, which is one way of reducing millage, but in no way does that address the problem to reduce spending. He was hopeful that Council could have taken a very tight- fisted attitude of trying to cut expenditures in some manner. It would have taken $210,547 to reduce the budget to where there would be no tax increase. Mr. Sanson stated he felt that perhaps Council could have accomplished an increase in salaries for the employees of 5 percent higher or lower and would like to have seen Council do away with having to give cost of living increases. He stated he would like to have seen a complete overhaul done of the personnel pay plans, which he feels would accomplish quite a bit more in terms of equity and higher morale among some of the employees. There are three areas in the personnel pay plan that a revision would help to correct - (1) reclassifications of entire departments, principally the fire and police departments; (2) the merit increase program is of no real sub- stance - it should be renamed and classified as what it is or become a true merit increase program where an award would be given on per- formance and not longevity; (3) the starting salaries are too high. Mr. Sanson stated he would have liked to have seen some attention given in the area of capital expenditures. Some of the capital expenditures could have been staggered, half this year and half next year or deferred until future years. Some areas he would like considered are (1) $72,900 for police vehicles - he suggests that this item be deleted on the basis that the proceeds from the sale of the boat are going to be used to possibly implement a fleet plan and, if not, the $73,000 can be put back in from that source of funding for the vehicles; (2) why can't the $30,000 for the architectural fees for the proposed expansions of City Hall be postponed - it will not be done with any current funds that are available; (3) in the outline of the budget, in essence, two employees are being eliminated but as he sees it the City is basically hiring six. Mr. Sanson stated he proposes to eliminate the hiring of five of those people and retain one beach ranger and try to add another one next year. This estimated cost would lower the budget by approximately $40 to $50 thousand; (4) delete $25,000 that was added to the Contingency Fund with the understanding that the excess monies from the boat sale could replace this. Mr. Sanson presented to Council a comparison of the City's budget ten years ago compared to now and pointed out that there is some substance to the feeling that the City might be spending a lot more money than it needs. Mr. Sanson stated he ~o~ld like for Council to consider his small examples in the area of capital expenditures in view of the fact that there is a substantial sum of money coming from the sale of the boat and pass a budget that will not have a tax increase on the citizens of Delray. Mayor Scheifley commented that Mr. Sanson made some good idealistic points and everyone would like to reduce the budget. Mr. Sanson has taken the position several times before that the budget ~ - 14 - 9/26/77 should be reduced but, when asked for specifics, they were not forth- coming. Mayor Scheifley stated Mr. Sanson has recommended some very good questions to be studied on the pay scales. The budget can be reduced by 3 mills by eliminating such things as lifeguards, closing down the library, close down the parks, stop cutting the grass, etc., but he does not believe the public will be willing to sacrifice these ammenities that will deteriorate the quality of life in the City. Mr. Chapin stated although he has not been entirely pleased with the process of consideration and lack of communication in consid- ering the budget, he believes the budget contains a very fine delicate balance between maintaining the quality of life in this community and the fiscal responsibility that has been placed on Council. Mr. Randolph stated that it would be nice to reduce spending but in doing so he would not like to be responsible for reducing the quality of service. Mr. Sanson asked that consideration be given at a future workshop for the budget of the Cooperative Dispatch Center in the amount of $75,000. He feels that the agreement should be amended to where the Administration City Managers administering CDC do not approve the budget. 8.d. The City Manager reported that it is recommended that Reso- lution No. 52-77, establishing the City's millage rates for the 1977-78 fiscal year be adopted. The resolution is in conformance with prior discussions and actions with respect to the establishment of the City's 1977-78 budget. The total millage to be 9.1236 composed from operating expenses in the amount of 7.9696 mills and debt service in the amount of 1.1540 mills. The City Manager presented Resolution No. 52-77: A RESOLUTION TO LEVY A TAX ON ALL PROPER- TIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST IN BONDED INDEBT- EDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 52-77 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 52-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 4 to 1 vote. 8.h. The City Attorney requested that this item, Ordinance No. 59-77~ be tabled because it needs further consideration by his depart- ment and Administration. Mayor Scheifley stated he would object to tabling this if it is going to cause a loss of $20,000 or $30,000 to the City until this is settled. He stated if this rate is not put in effect, which has been computed in the budget, there is going to be a loss of $.50 per customer and it is going to take a lot longer to settle than Council thinks. The Mayor stated he would like to get the assurance of Council that whatever rates are established and whatever loss is suffered, will be recovered toward the goal of putting this service on a self-sustaining basis. The City Attorney stated that the City is supposed to receive bids on the 29th of September for the whole operation of the garbage and trash department. Those bids are going to lead to a decision by the City as to whether or not the City wants to contract out and also provide information that may lead to a consideration of further increases, decreases, or adjustments. In light of the fact ~ - 15 - 9/26/77 that these bids are coming in, it ~o~ld be wise to wait until they are in and until they can receive more input from the consultants that have been hired on this project. Mayor Scheifley stated that he still feels that if Council does not approve this increase tonight he would like to have the agreement of Council that whatever fees are established in the future (if they are established by this Council and Council does the servicing that this would be recovered during the fiscal year. The City Attorney stated that accomplishing that particular goal will depend upon cost allocated to the different types of service and whether or not it's possible to set a rate high enough that is still within that cost and yet still pick up the difference. Mr. Weekes stated that the $.50 per month proposed increase will in no way make the garbage and trash collection service self- - sustaining. It simply means that a little less of it is being subsi- dized by general revenue. Mr. Chapin stated that if the City can recoup the slight loss of revenue, which may occur in a 60-day delay so that Council can have confident evidence presented to justify an increase thereby reducing the overall deficit, would be a major step forward. Mr. Sanson stated he would support the proposed motion on the basis of Mr. Chapin's comments. He asked the City Attorney, legally, if the City were to go to private collection what happens with all the proposed money that is being raised for property taxes? The City Attorney stated if the City contracts it out, they are going to have to pay the contractor a certain amount for his services. This is why there may be changes that are dictated by those bids in the rate struc- ture that sufficient money will be coming in to pay the contractor and it may have to be allocated differently than it is now. Mr. Weekes moved to table item 8.h. on Second and FINAL Reading of Ordinance No. 59-77, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. Said motion passed with a 4 to 1 vote. 8.i. The City Manager reported that Ordinance No. 60-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to boarding and rooming houses as a Permitted Use in the GC (General Commercial), SC (Specialized Commercial), CBD (Central Business District) and LC (Limited Commercial) District is before Council for passage consideration on First Reading. This was discussed at the September 19th workshop meeting. The City Manager presented Ordinance No. 60-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, - FLORIDA, BY REPEALING SECTION 29-1 DEFINITIONS (9) AND INSERTING A NEW SECTION 29-1(9); BY AMENDING SECTION 29-11 GC (GENERAL COMMERCIAL) DISTRICT (B) PErmITTED USES; SECTION 29-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (B) PERMITTED USES; SECTION 29-13 CBD (CENTRAL BUSINESS DISTRICT) (B) PERMITTED USES; SECTION 29-13.1 LC (LIMITED COM- MERCIAL) DISTRICT (B) PERMITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. ~ - 16 - 9/26/77 Mr. Randolph moved for the passage of Ordinance No. 60-77 on FirstiReading, seconded by Mr. Chapin. Upon roll call 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. 8.j. The City Manager reported that Ordinance No. 61-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to accessory buildings, is before Council for passage consideration on First Reading. This was discussed at the September 19th workshop meeting. The City Manager presented Ordinance No. 61-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-6 RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT (P) SPECIAL REGULATIONS; SECTION 29-7 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT (P) SPECIAL REGULATIONS; SECTION 29-8 RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT (P) SPECIAL REGULATIONS BY ADDING A NEW SUB- SECTION (3); BY AMENDING SECTION 29-8.1 PRD-4 (PLANNED RESIDENTIAL DISTRICT) (R) SPECIAL REGULATIONS; SECTION 29-8.2 PRD-7 (PLANNED RESIDENTIAL DISTRICT) (R) SPECIAL REGULATIONS; SECTION 29-8.3 PRD-10 (PLANNED RESIDENTIAL DISTRICT) (R) SPECIAL REGULATIONS BY ADDING A NEW SUBSECTION (9); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 61-77 on First Reading, seconded by Mr. Randolph. Upon roll call 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. 8.k. The City Manager reported that Ordinance No. 62-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to Board of Adjustment fees is before Council for passage consideration on First Reading. Mr. Chapin moved that Council table Ordinance No. 62-77. 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. Said motion passed with a 5 to 0 vote. Mr. Chapin stated that in tabling this it was his intent that the City Attorney would look into this and report back to Council. 8.1. The City Manager reported that Ordinance No. 63-77, amending Chapter 12 "Elections" of the Code of Ordinances relative to providing a time to obtain nominating petitions is before Council for passage consideration on First Reading. Council informally decided at the workshop meeting on September 19th that Chapter 12 "Elections" be amended to state that petitions by City Council candidates may be secured from the City Clerk during the period commencing December 1st prior to the stated filing date. The League of Women Voters recommended a beginning date of December 15th. The City Manager presented Ordinance No. 63-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "ELECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ~ - 17 - 9/26/77 FLORIDA, BY AMENDING SECTION 12-2(B) (2) PROVIDING A TIME TO OBTAIN NOMINATING PETITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 63-77 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. Said motion passed with a 5 to 0 vote. Before roll call Mr. Sanson noted that when the person picks up the petitions on December 1, he will not know at that time how many signatures he needs ~and it will take 30 days for him to find out. Mayor Scheifley stated that the person would have a pretty good idea and a prudent person would get a lot more than necessary to allow for invalid signatures. 9.a. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 20th, recommended by a vote of 5 to 0 (Col. Poole abstaining) that the conditional use request for the National Church of God in Section 20-46-43, at the northwest corner of the intersection of S. W. 9th Court and S. W. 6th Avenue be approved, subject to the following: (1) Compliance with the requirements of the Community Appearance Board as stated in their minutes of August 24th; (2) A time limitation of 12 months be set for development of the project. Council may consider approval of this item or refer it to a future workshop meeting. Mr. Carey stated that the church seats 30 people and is on a very small lot. The petitioners understands that in no way can he enlarge the facilities. Mr. Weekes moved that Council accept the report of the Planning & Zoning Board relative to conditional use approval for the National Church of God, seconded by Mr. Randolph. Said motion passed unanimously. Before roll call Mr. Sanson asked, in approving a church like this, how is it treated on the tax roll. It was answered that this will come off the tax roll because it is a church. Mr. Sanson stated that over the years, in the City of Delray Beach, there has been a lot of properties approved as churches and questions how many are still functioning, yet they might still be on the tax roll as churches. 9.b. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 20th, recommended by unanimous vote that an extension of six months to January 10, 1978 for preliminary plat approval of Lakes of Delray in Section 29-46-43 at the southeast corner of the intersection of 1-95 and Linton Boulevard be approved. Council, at its meeting on August 22nd, referred this request to the Planning & Zoning Board for study and recommendation. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Sanson. Said motion passed unanimously. Mr. Chapin questioned why Council has to review preliminary plats and wonders if this could be a matter solely within the juris- diction of the Planning & Zoning Board and only final plats be brought before Council. He requested that this possibility be referred to the - 18 - 9/26/77 City Attorney and the Planning & Zoning Board. The City Attorney stated he would look into this. 9.c. The City Manager reported that an application has been received from Robert R. and Margaret M. Kipp to annex a parcel of land subject to R-1AA (Single Family Dwelling) District. The subject property is in Section 20-46-43 and is located at 601 Linton Boule- vard. The Planning & Zoning Board at a meeting held on September 20th, recommended by unanimous vote that the property be annexed sub- ject to R-1AA (Single Family Dwelling) District. Council may authorize the City Attorney to prepare an ordinance effecting the annexation. The City Attorney stated the action for this, if Council wants to follow the recommendation of the Planning & Zoning Board, should be for the City Attorney's office to prepare a resolution to the Board of County Commissioners. The Mayor stated that he thought in all the hearings that there would never be a single family on Linton Boulevard; that it would all be commercial. It was noted that the house is already on the property and contiguous. Mr. Sanson asked the City Attorney if the City is going to be able to annex the properties behind this property; he answered, no and he does not know how this property sits with respect to those other lots but will check with Dan Kotulla as to how this would change. Mr. Sanson requested that the City Attorney's negative decision be discussed at a workshop; the City Manager acknowledged this. Mr. Chapin moved t~a~ Council authorize the City Attorney to prepare a resolution requesting the Board of County Commissioners approval to annex subject property into the City of Delray Beach, seconded by Mr. Randolph. Said motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 20th, recommended by unanimous vote that the final plat approval request of Shadywoods (Phase I), located in Section 25-46-42 on the north side of Linton Boulevard between Military Trail and Dover Road be approved. Phase I consists of 50 duplex lots on 20.99 acres. Mr. Weekes moved that Council accept the recommendation of the Planning & Zoning Board relative to final plat approval of Shady- woods Phase I, seconded by Mr. Randolph. Said motion passed unanimously. Mr. Weekes left the room for the next item. 9.e. The City Manager reported that the Planning & Zoning Board, at a meeting held on August 23rd, recommended by unanimous vote that the revised final plat approval request of Pine Trail Subdivision Section III (Rainberry Woods), located in Section 12-46-42 on the south side of Lake Ida Road between Military Trail and Barwick Road be approved, subject to compliance with the City Engineer's comments as stated in his August 22nd memorandum. The revision consists of a realignment of streets and lot layouts resulting from additional require- ment for flood plain areas. Mr. Sanson questioned what revisions were made. Mr. Carey stated it was a realignment of the roads due to the on-sight drainage; it does not change the density in any way and does not change the landscaping in any way. Mr. Chapin moved that Council approve the revised final plat approval request of Pine Trail Subdivision also known as Rain- berry Woods, as recommended by a unanimous vote of the Planning & Zoning Board, seconded by Mr. Randolph. Said motion passed unanimously. Mr. Weekes returned to the room. - 19 - 9/26/7.7 9.f. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 20th, recommended by unanimous vote that the final plant approval request of Abbey Delray (Phase I), located in Section 19-46-43 on the south side of Lowson Boulevard, between Congress Avenue and the E-4 Canal, be approved. Phase I consists of the 100 bed convalescent center. In May of 1977, the final plat for the entire project was approved, however, due to problems with bonding requirements, the developer has decided to abandon the original final plat approval and final plat the project in phases. Mr. Sanson moved that the final plat approval request for Abbey Delray Phase I be granted, seconded by Mr. Chapin. Said motion passed unanimously. Before roll call Mr. Sanson expressed concern as to whether or not this project might take the course of that in Lake Delray and try to avoid paying taxes to help support the City's services. Mr. Hanna advised that the people who are going to be running this project have made the decision that they will not attempt to do that; they will pay their fair share and feel that it is only proper. Mr. Sanson publicly thanked them for that and hopes that other pro- jects of this type would take the same attitude. 9.g. The City Manager reported that the Planning & Zoning Board, at a meeting held on September 20th, recommended by unanimous vote that the final plat approval request of Spanish Wells (Phase I),located in Section 25-46-42 on the south side of Linton Boulevard between Military Trail and Dover Road, be approved, subject to compliance with the requirements of the City Engineer as stated in his September 19th memorandum. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Weekes. Said motion passed unanimously. 11. Mayor Scheifley asked the City Manager for a status report on the beach restoration project. The City Manager stated that there has been another delay and they plan to start the dredge from Ocean Ridge on October 3rd and will arrive about October 10th in Delray. Mr. Chapin stated that he is concerned with starting a beach restoration project in mid-October with the northeast winds. He asked if it would be appropriate, on the advice of the consultants, to review the propriety of commencing beach restoration at this late date. The City Manager stated that that has been done and is being done on a continuing basis. Mr. Sanson stated he totally concurs with Mr. Chapin's comments and thinks it is going to end up in diaster for the City. His concern is that even if it does proceed and completed, the City is going to see a bunch of cost overruns and going to be handed some bills for a lot of additional expense which he does not consider to be the City's fault. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Weekes moved that Council authorize payment of the City's bills, seconded by Mr. Randolph. Said motion passed unanimously. General Funds ............... $316,504.02 Water & Sewer ............... 273,519.72 Special Assessment Fund .......... 9,000.00 Cigarette Tax Fund ............ 14,060.00 Utility Tax Fund ............. 58,000.00 Cemetery Perpetual Care Fund ...... 2,500.00 Special Projects Fund .......... 2,853.00 Improvement Trust Fund .......... 4,000.00 Lowson Blvd W&S Project Fund ....... 9,300.00 Federal Public Works Grant Fund . . . 6,676.27 - 20 - 9/26/77 12. Mr. Weekes asked the City Manager his views on the letter from the Department of Transportation that they are not,-in fact, transferring the responsibility for the bridge to the City. The City Manager stated the transfer has not been made as of this date; that perhaps wheels have been set in motion to cause a transfer to be made at some future date, but he does not think it is an accomplished fact as of now. Mr. Sanson moved, at 9:50 P. M., for the adjournment of the meeting, seconded by Mr. Randolph. Said motion passed unanimously. ity Clerk The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 26, 1977 which minutes were formally approved and adopted by the City Council on ~ /o/ /9 ?~ . Cit~ clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of the City Council. They will be- come the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. ~ - 21 - 9/26/77