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10-24-77 OCTOBER 24, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P. M., Monday, October 24, 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 Lord's Prayer was repeated in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Randolph moved for the approval of minutes of the regular meeting of October 10, 1977, the special meetings of October 3, 1977 and October 14, 1977, seconded by Mr. Chapin. Said motion passed unanimously. 4.a. Mr. Chapin reported that the application submitted to DER to expand the City's plant, on an as is basis, has been reviewed by the local County Health Department as an agency of the local DER staff. The consultants advised that a letter will be sent to Council within a day or two from the local DER officials to the effect that additional testing will be required to approve the application as was submitted; this is not a rejection; it is not a requirement that the City have lime softening. This is a requirement for additional testing and Mr. Klinck has advised that it will take approximately 30 days. Mr. Chapin stated he is hopeful that with the additional testing the Council can have a workshop meeting without delay with the local officials of DER and the County Health Department to resolve this pressing problem so that the City can proceed without further delay in getting the application approved. 4.b. Mr. Weekes stated he would like to see Council follow up the suggestion made by Mr. Lou Martin as a conservation measure, the use of other sources for irrigation than potable water. He stated it is almost incomprehensible when you think that somewhere between 50 and 60 percent of the City's potable water supply is put on lawns and other irrigation purposes. Mr. Weekes advised that Mr. Martin has asked the developers and the City to implement irrigation from its own wells and other sources. Mr. Weekes suggested that Council and the Administration give consideration to putting this into ordinance form so that all future developers would be required to have their own irrigation system on-site [and that they will no longer use the City's potable water supply to irrigate the shrubbery, lawns and landscaping. He stated he is not sure if this should be carried as far as single family dwellings but would like to look into it. He requested that the City Administration and the City Attorney, from a legal standpoint, investigate this and schedule it for a workshop as soon as Council can feasibly do so. This was acknowledged by the City Manager. 4.c.1. Mayor Scheifley proclaimed October 24, 1977 as "UNITED NATIONS DAY". 4.c.2. Mayor Scheifley stated a couple of weeks ago he mentioned that Dr. Eschenburg is going to Japan on a bonsai trip and asked for suggestions for something he could take from .the City of Delray Beach to Mayor Yano of Miyazu, Japan, as a token of good will. No suggestions were forthcoming so he asked the City Manager to buy an American Flag (a nylon flag 2x3 feet that had been professionally wrapped) The Mayor added that he wrote a letter to Mayor Yano, which Dr. Eschenburg will hand carry, along with the flag. In the meantime, Mayor Scheifley stated, he received a letter from Mayor Yano along with a copy of a proclamation of their City Council. He stated he would like some suggestions from Council, at some date, as to what should be done with the items received from Mayor Yano; for instance, should there be a Sister CitY display in City Hall; should some of these things be displayed on some sort of enclosed bulletin board? 5.a. Lawrence Baggett, 636 Greensward Lane, Delray Beach, spoke in regard to Council's discussion with respect to the water treatment plant of the City. He stated it is his understanding that the appli- cation for extension of the water plant, on an as is basis, has been submitted to the DER and they are considering the request but have not denied the request. The Mayor gave a synopsis on the water issue and Mr. Chapin reiterated his statement as mentioned under item 4.a. 6.a.1. The City Manager reported that the approval of an agreement between the City and the Palm Beach County School Board with respect to the Community School Program, which has been in operation in the City of Delray Beach for several years, is recommended. This agreement is identical to the one that's now in effect and it is for the 1977-78 fiscal year involving an expenditure of $8,000 per year by the City of Delray Beach. Funds are provided in the 1977-78 budget. Mr. Weekes moved that Council approve the agreement for- another year, seconded by Mr. Randolph. Said motion passed unanimously. 6.a.2. The City Manager reported that he had a letter delivered to him by the County Community Development Office which gives the City the authority to proceed with the award of contract for construction of the Pompey Park Building. The letter is from George Gartner, III, Director of Housing and Community Development for Palm Beach County and reads as follows: "At the Community Development Advisory Committee's meeting on Thursday, October 20th, an additional $205,000 was allocated from third year contingencies to be used with pre- vious allocations for funding Pompey Park Multipurpose Facility. I have been advised by Mr. Randall Barnes, Environmental Control Officer, that all required releases have been obtained. Consequently, the total funding allocation in the amount of $715,000 can now be obligated by the City of Delray Beach. The construction of this facility will, I know, be the culmi- nation of many years' work and planning. It is a very happy task to write a letter such as this and I look forward to continuing to work with the City in the years to come." The bids received for the construction of this building are as follows: NAME BASE BIDAMOUNT Sessoms-Grice Construction $756,000 Lassiter Construction Co. 769,890 J.J. Walsh Construction Co. 783,000 World Builders 817,400 The City did not have enough money available for this construction~d an additional $205,000 was requested from Community Development Funds and that has been approved. The City Manager reported that a memorandum was sent to Council stating that it would be necessary for $5,895 presently bud- geted in the City funds for parking lot purposes in Pompey Park, to be used toward the construction of this facility; however, after additional cuts and "shuffling" of funds were made, it would not be necessary to use that money. Counting the $205,000 recently approved by the County, ~makes a total of $715,000, and with Community Develop- ment Funds that can go toward this projec~ the City will not have to participate one cent. Of the $715,000, $665,000 would be for construc- tion purposes. It is recommended that two contracts be awarded tonight - (1) to Sessoms-Grice, the low bidder in the amount of $631,000 which - 2 - 10/24/77 is a new negotiated amount after certain deletions were made from the original plans (2) that a contract be awarded to Hardrives in the amount of $34,000 for site preparation, grubbing, clearing the land, filling and paving. There were two bids for that (1) the low bid by Hardrives of Delray in the amount of $34,000 and (2) Fenton Construction in the amount of $38,000. The City and County were able to save a considerable amount of dollars by awarding a separate contract rather than including these items in the one contract. The second and third year fundings for construction for this facility have already been approved by the County and with the additional $205,000 it makes funds available for the construction that has been outlined. The City Attorney stated that he would like the motion to approve these contracts to include that the award should be subject to approval, of both contracts, by the City Attorney's office as to the substantive provisions. Mr. Randolph moved that the low bid of Sessoms-Grice Construction Company, in the amount of $631,000, which has been renegotiated for the construction of the Pompey Park Building, be awarded subject to the substance and contents by the City Attorney's office, seconded by Mr. Chapin. Said motion passed unanimously. Before roll call Mr. Sanson stated he is extremely pleased to see the facility being built and feels it is needed by the town. However, he is disappointed in the fact that Council started at such a different figure and it is a shame that the City couldn't have gotten a nice facility at the prices that were originally set. The City Manager stated that it would be possible to build a building at the price that was stated sometime ago but it would not be as large a building and several needed facilities would have to be cut out. Mr. Weekes moved that Council award a contract to Hardrives of Delray in the amount of $34,000 for site preparation, grading, paving, etc.,subject to the approval of the City Attorney's office to the substantive matters of the contract, seconded by Mr. Chapin. Said motion passed unanimously. 6.a.3. The City Manager stated he would like Council to consider payment of the architect fees that have been earned to date on the building. These do not appear on the bills for approval because it was not known whether or not the City would be able to build the building that will now be built with the additional $205,000 included. Mr. Sanson asked how much additional is the fees from what was originally thought that w~uld be paid? The City Manager stated he did not know - it would have to be computed. Mr. Randolph moved that Council authorize a proportionate payment to the architect of the Pompey Park Building, to date, whatever that figure is computed to be and that it be paid as soon as possible, seconded by Mr. Chapin. Said motion passed unanimously. Before roll call the City Manager stated that identical fees would be paid whether or not Council passes this motion tonight. This only means that they would be paid sooner and since the firm has done the work, made investments, the City should pay the money. Mr. Sanson stated that when the whole thing started they went to competitive bid on this and was told that a project would cost a certain amount of money and it came out, not just a little more, but incredibly more, and other firms were turned down. Mr. Randolph commented that this has been an issue, the Pompey Park Building formerly known as the Teen Town Center, for at least four years. He stated that this was one of the issues he initially campaigned for his first election to the Delray Beach City Council. It is something that he promised not just the citizens of - 3 - 10/24/77 the western part of town but the entire City of Delray Beach because this is going to be a complex that everyone can enjoy. In looking at the boundary to boundary structure of Delray Beach, you'll find that where that building is to be located is just about in the heart of Delray Beach and once it is built, he trusts that everyone will avail themselves of this facility. He thanked the entire Council for the support they have given him and he personally thanked the City Manager for the help he has provided on this issue. He personally thanked the architect who took of his time on last Thursday evening to help him and the other representatives of the City of Delray Beach substantiate their claim of an additional $205,000. Mr. Randolph further commented that when this first started last week, he was greatly distressed because the same thing Mr. Sanson is saying was said by several people who are members of that committee. There are other people who are building similar buildings, maybe not as elaborate as this one, but they are having funding trouble too; one for over $100,000 for the purchase of a building that is at least 10 to 15 years old. 6.b. The City Manager reported that as discussed at the October 17th Council workshop meeting, it is recommended that Council giva consideration to approving an agreement between the City and Inter- national Systems, Inc., Atlanta, Georgia, for that firm to provide federal grant assistance to the City. The cost to the City is $15,000 a year with half that amount to be paid on execution of the contract and the other half when at least that much money has been received in federal grant money as a result of their services. The City Manager stated he had the Planning Department check with the Department of Community Affairs, in the state of Florida, the type of services that they would be in a position to render the City that would be, not the same as this service, patterned after it somewhat. The distinct impression was had by the Planning Director that the City should not pursue the State Department of Community Affairs program any further, at this particular time, and that the City should go with the services of this firm, as indicated at the workshop. The City Attorney has made further reference checks with regard to this firm and nothing but favorable news has been received, as a result of this. The contract has been redrafted by the City Attorney's office; on the second page, item 4.c. the word "treatment" should be stricken. The City Manager recommended that the initial $7500 come from the General Fund Contin- gency Account. Mr. Chapin asked the City Attorney if this agreement meets with his approval and he answered, yes. Mr. Chapin stated that the one question of substance that bothers him, as opposed to procedure, is item 6 on page 3 where it states "the City shall have sole discre- tion in determining the grants and the amounts for which the application shall be made". He stated he assumes that the City will act through its City Council and, under the Charter, the City Council would be the sole authority. The City Manager stated this is correct. The City Attorney stated that an application that does not obligate the City could be made by the Administration. In the past, it has been made by the Administration when there was some time-bind that the City was in and there was a need to file an application immediately. But the act that binds the City by officials accepting a grant, a contract as such, would be an action that would have to be taken by City Council. The reason that that particular provision was put in is so that the consultant could not come back to the City, at sometime subsequent to the contract, and say it was the City,s act that pre- cluded the consultant from being able to earn the $15,000 fee. They made available to us information on grants, which we refused, and therefore, they can attempt to make some claim for the additional fee. The City Manager stated he thinks this serves a very useful purpose in that regard. All of the grants that the City wants to apply for would be considered toward the $15,000 and the consulting firm would not be able to offer the City a grant that they don't want and claim the $15,000 eligibility. Mr. Chapin asked, as a matter of bugetary policy,'if the City Council is the sole group, on behalf of the City that can apply for federal funds, not anyone else. The City Attorney replied that - 4 - 10/24/77 the City Council is the sole agency that can obligate the City to accept the federal funds. Mr. Chapin suggested that the agreement be amended so that the City Council would have the sole discretion in acceptance, or rejections, of federal funds and that ISI would make no claims for a fee based on a rejection of any federal grant funds by the City. Mr. Chapin moved that Council approve the aproposed agree- ment between International Systems, Inc.,known as ISI and the City, as prepared by the City Attorney, with the expressed stipulation that paragraph 6 on page 3 be amended and revised to provide that the Administration may, through this ISI firm, apply for federal funds. Only the City Council and no one else, shall have sole discretion to accept or reject such funds and any rejection shall not in any way prejudice the City's right to claim for a refund or to refuse to pay the additional fees based on the consultant not obtaining federal funds in excess of $15,000; that $7500 of the funds to be paid from the City's Contingency Fund, 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 Mr. Sanson stated that he does not doubt the City will see the funds; he thinks the company will perform but he does feel that what Council is doing is creating a catch 22 situation. He stated he does not know if it behooves Council or ~ accomplishes much to take federal dollars just because it is there. Delray has gotten more than its fair share of any municipality or governmental entity in the area and, at this point, he feels that there will be little purpose to be served by taking funds just because the City can get them. 6.c.& d. The City Manager reported that the following bids have been received for two self-contained high powered portable field telemetry units for the Fire Department's emergency medical units: BIDDER QUOTATION Motorola Communications & Electronics $11,068 Ft. Lauderdale, FL Pioneer Medical Systems 11,280 Worcester, MA It is recommended that the award be made to the low bidder, Motorola Communications & Electronics in the amount of $11,068. In item 6.d. the following bids, meeting City specifications, have been received for two portable battery operated defibrillators, cardioscopes and recorders for the Fire Department's emergency medical units: BIDDER QUOTATION Motorola Communications & Electronics $12,390 Ft. Lauderdale, FL Helmcamp 12,550 Miami, FL It is recommended that the award be made to the low bidder, Motorola Communications & Electronics in the amount of $12,390. This bid and the bid for the portable field telemetry units total $658 more than provided in the 1977-78 Fire Department budget. This difference can be financed from other Fire Department budgeted funds. - 5 - 10/24/77 Mr. Weekes moved that the low bid for two self-contained high powered portable field telemetry units for the Fire Department be accepted in accordance with the City Manager's recommendation and that the bids be awarded to Motorola Communications & Electronics in the amount of $11,068, the excess amount of funds over those budgeted to come from other Fire Department budgeted items, seconded by Mr. Sanson. Said motion passed unanimously. Before roll call Mr. Sanson commended the City's Emergency Medical team on their efficiency in handling emergency cases and stated he thinks that this service that will now be installed with the new rescue vehicle is a great thing for the citizens of Delray and their future public health. Mr. Chapin moved that Council approve the Administration's recommendation to accept the low bid from Motorola Communications & Electronics in the amount of $12,390 for the purchase of two portable battery operated defibrillators, cardioscopes and recorders for the Fire Department's emergency medical units, seconded by Mr. Randolph. Said motion passed unanimously. Before roll call Mayor Scheifley asked if the City presently has people who are capable of operating this equipment. Captain Wickert stated that the Fire Department has five people who can operate the equipment, at present, and will have a total of 12 at the completion of the program. He noted, upon question by Mr. Sanson, that they hope they will be going into service by the middle of December on a 24 hour a day shift. 6.e. The City Manager reported that Council should entertain a motion to set the dates for the public hearings on the comprehensive rezoning for November 8th and November 22nd; instruct the City Adminis- tration to publish necessary advertising required for these hearings; decide which form of notice to use -- map or mailing. This was dis- cussed at the October 17th workshop meeting. The City Attorney commented that either form of notice is authorized by State Statute. The Mayor asked why the City could not do both and the City Attorney replied that they can. Mr. Chapin moved that Council formally set the hearings for the rezoning ordinances to conform with the City's adopted Land Use Plan for 7:00 P. M. on November 8th and again at 7:00 P. M. on November 22nd, and that this Council instruct the City Administration to provide both map notice with the clarity and mailing to those parcel owners who are affected by these rezoning changes, seconded by Mr. Sanson. Said motion passed unanimously. 6.f. The City Manager reported that it was decided at the October 17th workshop meeting to put on tonight's agenda, the appointment of an alternate member of the Board of Adjustment to fill the unexpired term of Jack Pitts, which term expires on March 15, 1978. The following names have been submitted for consideration: Malek Adjallah Hunter Moss Mary Banting Del Swilley Suzanne Bird Fred Whitman Alfred Carraccia, Jr. Mr. Sanson stated that Hunter Moss and Fred Whitman could be eliminated from the list. Mr. Chapin moved that this matter be tabled for further consideration, seconded by Mr. Sanson. Said motion passed unanimously. 6.g. The City Manager reported that it is recommended that Council approve continuation of an Inter-local Agreement between the City and the County for the Community Development Program. This agreement is somewhat similar to the agreement between the City and the School Board and this program is the one under which the Pompey Park Building - 6 - 10/24/77 is to be constructed. Mr. Weekes moved that Council approve the continuation of the Inter-Local Agreement between the City and the County for the Community Development Program, seconded by Mr. Randolph. Said motion passed unanimously. 6.h. The City Manager reported that to balance appropriations with expenditures for the year ending September 30, 1977, it is re- quested that Council authorize the following transfers: General Fund From: Police Dept. Salaries 901 210 012 $ 45,000 Police Dept. Supplies 901 210 508 5,000 Fire Dept. Supplies 901 230 508 7,000 Cemetery Salaries 901 776 012 4,295 $ 61,295 To: Garbage Transfer Fees 901 315 490 $ 29,500 Street Lighting 901 322 433 14,600 Liability Insurance 901 810 452 5,165 Unemployment Compensation 901 810 458 7,335 Judgment & Claims 901 820 530 2,555 PERC Commission 901 825 410 2,140 $ 61,295 Water & Sewer Fund From: Reserve for Contingency 902 830 800 $141,100 To: Water Source, Electric. 902 420 433 22,300 Water Treatment, Elect. 902 430 433 15,400 Water Distribution Elec. 902 440 433 29,600 Water Distribution Water Meter Purchases 902 440 624 73,800 $141,100 Mayor Scheifley asked if this action is consummated tonight, and approved by the Council, would the Financial Advisory Board get a copy of this act. The City Manager stated he does not know what arrangements were made but assumes that they can. The Mayor asked that a special effort be made to see that the Financial Advisory Board gets a copy. The City Manager acknowledged this. Mr. Sanson questioned the $30,000 additional garbage transfer fees. The City Manager replied that the City pays based on volume basis and there was that much more garbage and trash taken to the transfer plant during the year than was anticipated; there was a fee increase which might have been during the past fiscal year. Mr. Sanson recommended that Council consider having the auditors make a formal presentation when they deliver the audit. This would give Council an opportunity to meet them and ask any specific questions Council might have. Council had no objections to this and it was acknowledged by the City Manager. Mr. Chapin stated that it seems to him what Council is doing is transferring a surplus of $263,690 from last year's budget to this year's budget, which is an accounting procedure. He stated he would like to suggest that in the budget for the 78-79 fiscal year, that the Administration seriously consider the advantages of zero- base budgeting. The City Manager stated he thinks zero-base budgeting should be discussed at a workshop and he is prepared to do so at any time it can be conveniently scheduled in advance of the presentation - 7 - 10/24/77 of the next budget. He stated that zero-base budgeting is not that much recommended for an organization the size of Delray Beach. All of these transfers take place within the last fiscal year rather than a transfer of funds being carried forward to the new fiscal year. Mr. Sanson asked what was the surplus for the year. The City Manager stated he does not know and will not know until the audited figures come in; there is an estimate figure in the budget but they do not know how close to accurate that figure is. Mr. Sanson noted that last year when they requested that the auditors appear to make a presentation, they showed up at a Council meeting; he would prefer that they come to a workshop meeting. The City Manager advised, if this is what Council wants, this will be done. Mr. Randolph moved that Council authorize the transfers shown in agenda item 6.h., seconded by Mr. Sanson. Said motion passed unanimously. 7.a. The Mayor acknowledged the minutes of the Beautification Committee for its October 5, 1977 meeting. Under Council's attention, they requested that property formerly referred to as Kucera-Gwynn property be called the Anchor Park on the condition the anchor from Sandoway Park be transferred to the proposed Anchor Park; this has been done. The Mayor noted that Council's attention has been called to the fact that Karen Sawchuk presented the plans for the new parking lot behind the Executive Mall; George Feeley made a motion that the plan be redesigned to provide a smaller number of parking spaces to provide additional area for landscaping appearance. Mr. Chapin stated that he would like to see this go to workshop because there is a strong feeling among ithe citizens of this community, rightly or wrongly, that the City does not adhere to its own landscaping ordinance and this is a case in point; this should be resolved in a workshop meeting so that he can hear the pros and cons and he would like to do it without undue delay. ~he City Manager stated that to the extent that it is a case in point, there should be no question but the City should fully comply with all of its own laws and ordinances, rules and regulations. Mr. Chapin pointed out that in the minutes of the Beauti- fication Committee on the first page, fourth paragraph, there is also under Council's attention relating to the Atlantic Dunes Park. He stated he would like, if feasible and proper, to have the parking lot enclosed with a 4-foot hedge and that the berm on the north side be added as was suggested in the plan prepared by Mr. Tomioka. Mayor Scheifley stated that after this took place, he had a meeting with Mr. John Dance who assured him without any question that he would do both of these things. . ..... 7.b. The City Manager reported the City is in receipt of an application from Yolanda Hardy for City water service to serve Lots 45, 46 and 47, Block 35, Del-Raton Park, located outside the City. The applicant having executed the City's standard agreement for the providing of water service outside the City, conditioned upon the applicant's property being annexed into the City when such is eligible for annexation, approval of the applicant's request for water service would be in order. This was tabled at the October 10th meeting in order to have a determination made as to whether planned construction would be in compliance with the City's Land Use Plan. It would be in compliance with the plan and approval is recommended. Mayor Scheifley stated he feels very strongly that the City should extend water services to these properties because'the - 8 - 10/24/77 City has been trying for years to annex a lot of pockets and it would be very damaging to the cause not to extend water to a pocket or some- one who wants to annex. Mr. Sanson noted that one reason it was tabled was as stated,but another reason it was tabled was that he was trying to get some kind of communication telling him where these lots are located. He stated he still does not know and he has not been able to drive by the lots to see what's going on, what they are next to or to view them. Also, he would like to know the planned construction of that property. Mr. Chapin asked what is the proposed zoning on the existing Land Use Plan? Mr. Carey stated no one knows exactly where these lots are; there is a problem with this because Mr. Roberson's petition, which property is also located on Florida Boulevard, went before the Ccunty Commission last week and was turned down. The County Commission said it was inconsistent with their Land Use, which is single family in that area. The Mayor asked the size of these lots; the City Manager answered that it is 8625 square feet and the City requirement for two dwelling units under the Land Use Plan is 8000 square feet. He stated the dilemma of the owner appears to be based on the research done by the City's Planning Director since last meeting. This property would comply with the City's Land Use Plan but is located in the County and it does not comply with the zoning for the development they would like there as far as County zoning is concerned. He stated it appears to him that they will be unable to get a permit from the County to build what they want so, maybe, they won't need any water. Mr. Chapin stated that this Council has tried very hard to cooperate with the County and to have reciprocal cooperation from the County. He was somewhat chagrined to read that the County rejected a request authorized by this Council for the rezoning of a parcel of land in the County which was in conformance with the City's Land Use Plan but not in conformance with the proposed County Land Use Plan. If, in fact, this could not be built under the County's zoning regulations, he thinks it is prudent and the better part of valor to table it until this question is resolved once and for all. Mr. Chapin moved that Council table Mrs. Hardy's request for application for City water service to service lots 45, 46 and 47, Block 35, Del-Raton Park, seconded by Mr. Sanson. Said motion passed unanimously. Mr. Sanson requested that Council be supplied with a zelor or some kind of diagram showing where these lots are and where the nearest piece of City land is to them. This was acknowledged by the City Manager. 8.a. The City Manager reported that Ordinance No. 64-77, amending Chapter 9, Section 9-1.2 "Building Code" of the Code of Ordi- nances relative to increasing building permit fees, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 10th 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. 64-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 9-1.2 APPENDIX "M"(a) RECOMMENDED SCHEDULE OF PERMIT FEES AND ENACTING APPENDIX "K"(a) IN SUBSTITUTION OF THE FORMER APPENDIX "M"(a) PERTAINING TO THE 1976 EDITION OF THE STANDARD BUILDING - 9 - 10/24/77 CODE; ENACTING A NEW SUBSECTION (g) TO ESTABLISH A REINSPECTION FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-77 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. The public hearing was closed. Mr. Sanson moved for the adoption of Ordinance No. 64-77 on Second and FINAL Reading, 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.b. The City Manager reported that Ordinance No. 65-77, amending Chapter 3 "Signs and Billboards" of the Code of Ordinances relative to increasing sign fees, is before Council for passage con- sideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 10th 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. 65-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 3-6 PERMIT FEES AND ENACTING A NEW SEC- TION 3-6; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 65-77 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. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 65-77 on Second and FINAL Reading, seconded by Mr. Weekes. 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 Ordinance No. 66-77, amending Chapter 9, Section 9-2 "Standard Mechanical Code" of the Code of Ordinances relative to increasing permit fees, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 10th 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. 66-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 9-2 (b) (1) (2) (3) AND ENACTING A NEW SECTION 9-2(b) (1) (2); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 10 - 10/24/77 (Copy of Ordinance No. 66-77 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. The public hearing was closed. Mr. Weekes moved for passage on Second and FINAL Reading of Ordinance No. 66-77, 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 reported that Ordinance No. 67-77, amending Chapter 13, "Electricity" of the Code of Ordinances relative to increasing electrical fees, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 10th 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. 67-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 13-4(f) (2) (3) AND (4) AND ENACTING A NEW SECTION 13-4(f) (2) (3) AND (4); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-77 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. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 67-77 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. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 68-77, enacting a fee schedule for use ~of the City's tennis center for residents and non-residents, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 10th 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. 68-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A FEE SCHEDULE FOR USE OF THE CITY'S TENNIS CENTER FOR RESIDENTS AND NON- RESIDENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-77 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 - 11 - 10/24/77 Delray Beach, Florida. The public hearing was closed. Mr. Sanson moved for the adoption of Ordinance No. 68-77 on Second and FINAL 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.f. The City Manager reported that Ordinance No. 69-77, repealing Resolution No. 59-76 and enacting fees and service charges for the Delray Beach Cemetery, is before Council for passage considera- tion on Second and FINAL Reading. This ordinance was passed on First Reading at the October 10th 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. 69-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 59-76 AND ADOPTING THIS ORDINANCE PERTAINING TO FEES AND SERVICE CHARGES FOR THE CITY'S CEMETERY, WHICH AMENDS THE RULES AND REGULATIONS GOVERNING THE DELRAY BEACH CEMETERY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 69-77 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. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 69-77 on Second and FINAL Reading, 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. Weekes stated that it has been called to his attention that the ordinance provides for substantial additional charge for the use of the cemetery for those persons who do not live within the City of Delray Beach. He asked if any provision had been made to charge extra for those people who may die here but who do not live here~ such as winter visitors who may be renting an apartment and give their residence address at time of death? The City Attorney stated that as a general rule in constru- ing who is a resident under these ordinances that distinguishes between who gets the resident fee and who get a non-resident fee, you would try and look at it in terms of legal domicile. In the event that a question arose as to whether or not someone was in fact domi- ciled here you would have to receive documentation information from them to justify their resident fee. ~ As a practical matter, if someone is receiving these fees and requested to make a burial and the resident basis in giving a Delray address as a practical measure, probably the person who is in charge of receiving those fees would not make that kind of inquiry. There is no specific provision in the ordinance that addresses that particular question. It would have to actually be brought up to the person who is receiving the fees and then some sort of investigation done to verify it. Mr. Weekes stated that he wondered if there might not be some way or something written into the ordinance to provide that some evidence be given. The other side of the coin is that a person may not actually reside within the corporate limits of this City but has paid for many years substantial taxes in the City as a property owner - 12 - 10/24/77 and business person. To charge them a non-resident surcharge even- though they have paid thousands of dollars into this City in taxes is not quite equitable. Mr. Chapin stated that there are those who live in pockets and paid taxes, license fees, etc., but they have also not paid City Real Estate Taxes and choose to not pay those. He stated his personal feeling is that it is an unwarranted exception from the general policy to have fee for residents and a different fee for non-residents. It was recommended to go ahead and pass the ordinance as is. Mr. Weekes agreed to pass it but will leave himself the option of looking at it again. 8.g. The City Manager reported that Ordinance No. 71-77, amending Chapter 15 of the Code of Ordinances relative to nuisance abatement is before Council for passage consideration on First Reading. This was discussed at the October 17th workshop meeting. The City Manager presented Ordinance No. 71-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15 "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTIONS 15-2 THROUGH 15-9 AND SECTION 15-12 AND EN- ACTING IN LIEU THEREOF NEW SECTIONS 15-2 THROUGH 15-9 AND SECTION 15-12 PROVIDING FOR NUISANCE ABATEMENT, HEARING PROCEDURE, ENFORCEMENT PROVISIONS AND COLLECTION OF COSTS PROVISION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson asked the City Attorney and Mr. Reid to give a brief summary of what Council is trying to accomplish by this revision. The City Attorney stated that shortening the time procedure was one of the thoughts that percipitated the review of the ordinance. There are several things that were changed in the ordinance that don't specifically address themselves to reducing the time. The time is reduced somewhat in the ordinance by virtue of the fact that it's made primarily an administrative process unless the property owner requests a hearing before Council, which he is entitled to do on the question of whether or not a nuisance exists on the property. One .of the_other ~k procedures that can be used to shorten the time that's necessary to process these is for the City to explore the possibility of contracting on either a semiannual or annual basis with a contractor to perform this work. This could be some sort of a fee arrangement where it is billed on the amount of work that is performed so that in each case, when a nuisance is declared to exist, you don't have to go out and accept bids from several contractors. This is being explored at the present time. The notice provision in the ordinance provides, in the event there is no appeal, there is a 30 day notice prior to the time that the City would abate the nuisance. After the nuisance is abated, there is a resolution assessing the cost of the abatement and that resolution is not effective until 30 days later at which time it be- comes a lien on the property; it can be foreclosed in the same nature as the mortgage is foreclosed. In the event that an appeal is filed, a notice of appeal must be presented to the City Manager within 20 days of the date that the Administration has notified the property owner that a nuisance exists; ahearing takes place before Council and there is a time lapse between the time Administration is notified that there is an appeal and the time Council hears that; then within 15 days after Council acts, if Council affirms the decision of the Administration, the nuisance must be abated within that 15 days. If - 13 - 10/24/77 Council overturns the decision, there is no nuisance and the property owner need not do anything. The City Attorney stated that one of the things he thinks is crucial to this procedure that was not involved before is that the property owner is notified in advance, so he knows that a nuisance is being declared and, if he contests that, he can have a hearing before Council. Under the old ordinance Council would actually declare a nuisance to exist and then the property owner ~o~ld be notified that that decision has already been made by Council. One of the items that was addressed before was the height of the vegetation, etc., before a nuisance could be declared was 18 inches in the old ordinance. This ordinance provides in Section 15-4 that there is no height limitation; it just depends on the criteria that's in that section and that section was taken from an ordinance that Dade County uses that was tested on appeal in a case involving Dade County. Mr. Chapin moved for the passage of Ordinance No. 71-77 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 asked Mr. Reid if he is satisfied with the ordinance and does he feel that his department could work well with the improvement? Mr. Reid answered, yes. Mr. Sanson asked the City Manager to check into the status of the Brennan property at the corner of Linton and Germantown Road. Mr. Brennan cleared the entire lot, removed half of the debris but the other half has been sitting there for approximately one and half months. This was acknowledged by the City Manager. Mayor Scheifley requested that Mr. Reid take another look at the Tropical Roofing Property across from Kwik Chek around their containers for garbage and trash. It is one of the most unsightly places in town. Mr. Chapin stated to Mr. Reid that he has heard, on the street, that with all the building activity that is coming to Delray, he is under-staffed and can bearly supervise the inspections of new construction, and they have been unable to do any enforcement of ordinances such as this. Mr. Chapin asked if there is any truth to this, and if so, to enlighten Council on the status of enforcement of such ordinances. Mr. Reid stated that there seems to be an ever increasing number of building inspections every day and, yes, they can handle them. He stated that he has two employees who work Continually on nuisances, abandoned buildings and garbage, trash, etc. As far as buildings that need to be torn down, there are about 30 on the present list for condemnation. Mr. Chapin stated that he hopes the City's Beautification Committee could assist Mr. Reid with photographs of some of the more blatant eye-sores that pocket the City. 8.h. The City Manager reported that Ordinance No. 72-77, amending Ordinance No. 61-77 which amended Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments, is before Council for passage consideration on First Reading. The City Manager presented Ordinance No. 72-77~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 61-77 WHICH AMENDED CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES SECTIONS 29-6 RM-6(P) , 29-7 RM-10(P) , 29-8 RM-15(P) , 29-8.1 PRD-4(R) , 29-8.2 - 14 - 10/24/77 PRD-7(R), 29-8.3 PRD-10(R) SPECIAL REGU- LATIONS BY ADDING THE WORDS "IN ZERO LOT LINE DEVELOPMENT", PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage of Ordinance No. 72-77 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.i. The City Manager reported that Ordinance No. 73-77, amending Chapter 29, Section 29-1 "Zoning" of the Code of Ordinances by adding zero lot line development, is before Council for passage consideration on First Reading. The City Manager presented Ordinance No. 73-77: 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 29-1 "DEFINITIONS" BY ADDING ZERO LOT LINE DEVELOPMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 73-77 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.j. The City Manager reported that Ordinance No. 74-77, amending Chapter 13A "Employer-Employee Relations" of the Code of Ordinances relative to changing local PERC to conform with State PERC, is before Council for passage consideration on First Reading. The City Manager presented Ordinance No. 74-77: An Amendment to and Replacement for Ordi- nance Nos. 68-74, 33-75, and 19-76 AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2(b) OF THE 1968 FLORIDA CON- STITUTION AND CHAPTER 166 OF THE FLORIDA STATUTES, AND CHAPTER 447, FLORIDA STATUTES, RELATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITU- TION OF THE STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDINANCE; PROVIDING RIGHT TO MUNICI- PAL EMPLOYEES TO ORGANIZE AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT; EXPRESSING A STATEMENT OF POLICY, DEFINING COMMISSION, PUBLIC EMPLOYER OR EMPLOYER, PUBLIC EMPLOYEE, MANAGERIAL EMPLOYEES, CONFIDENTIAL EMPLOYEES, STRIKE, STRIKE FUNDS, BARGAINING UNIT, CHIEF EXECUTIVE OFFICER FOR THE PUBLIC EMPLOYER, LEGISLATIVE BODY, EMPLOYEE ORGANIZA- TION OR ORGANIZATION, BARGAINING AGENT, PROFESSIONAL EMPLOYEE, COLLECTIVE BARGAINING, MEMBERSHIP DUES DEDUCTION, CIVIL SERVICE, GOOD FAITH BARGAINING; PROVIDING A METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY BEACH - 15 - 10/24/77 PUBLIC EMPLOYEES RELATIONS COMMISSION AND STATING ITS POWERS AND DUTIES; PROVIDING FOR CITY COUNCIL REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS; EXCLUD- ING RETIREMENT FROM COLLECTIVE BARGAIN- ING; PROVIDING PAYROLL DUES DEDUCTION AND TIME THEREOF; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNI- TION AND CERTIFICATION OF EMPLOYEE ORGANIZATIONS AND BARGAINING AGENTS AND INTERVENTION BY 10 PERCENT SHOWING OF EMPLOYEES IN A PROPOSED UNIT; PROVIDING FOR PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS AND PROVID- ING FOR AN ANNUAL FINANCIAL REPORT AND FEE FROM EMPLOYEE ORGANIZATIONS; PROVIDING FOR COST OF ELECTIONS; PROVIDING FOR RATI- FICATION OF AGREEMENTS; PROVIDING GRIEVANCE PROCEDURES AND ELIMINATING MANDATORY GRIEVANCE PROCESSING; PROVIDING PROCEDURES FOR RESOLUTIONS OF IMPASSE AND ELIMINATING AUTOMATIC IMPASSEE PROCEDURES; PROVIDING FACTORS TO BE CONSIDERED BY SPECIAL MASTER AND CLARIFYING SPECIAL MASTER PROCEDURES; PROVIDING FOR COMPENSATION AND EXPENSES OF MEDIATOR AND SPECIAL MASTER; PROVIDING FOR NOTICE AND AVAILABILITY OF RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS AND PRACTICES AND CHANGING APPEAL PROCEDURES FOR UNFAIR LABOR PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR AWARDING COST OF LITIGATION AND REASONABLE ATTORNEY FEES IN UNFAIR LABOR PRACTICE CHARGES; CLARIFYING THE APPLICATION OF SUNSHINE PROVISIONS; PROVIDING EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF SAME; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney advised that State PERC will be sent a copy of this ordinance, if it is passed on First Reading, and if they have any qualms or any minor amendments to make, he is asking that they get them back so they can be incorporated for Second Reading. The City Attorney stated he does not think there will be any major changes in the ordinance at all. The City Attorney stated that three of the pages have been - changed since Council received their packets; there is a new caption that was provided and at the bottom of the caption it says "adopting the provision of 447.023 Chapter 74-100 Laws of Florida" which he is asking that in a motion this be deleted; on page 2 and 26, he requested that the new pages be inserted. The City Manager stated that initially the City Council wanted to appoint three members to the commission instead of five. At that time the State law provided that the State PERC would have five members, not three. The State PERC, at that time, insisted that the City's membership on their commission be five instead of three. Council, because they were forced to do so in order to get approval of the PERC ordinance, consented to increase the number of PERC commissioners from three to five. The State law has been modified changing the - 16 - 10/24/77 membership on State PERC from five to three which, he assumes, would permit the State to give favorable consideration to the membership of three on a local commission. The ordinance provides for a continuation of five members on the commission; there are presently three members on the commission because there has been two resignations within re- cent months and a move has not been made on the part of the commission chairman to recommend replacement waiting to see what was going to happen to the membership. The City Attorney stated the original justification for requiring the local PERC to have five rather than three members was that, if there is only three members on the commission and an unfair labor practice charge was ruled to be dismissed, it would take two members of the commission, which would be a majority, to reinstate the unfair labor practice. They felt that if a majority reinstated the unfair labor practice that would, in essence, be prejudging the merits of the unfair labor practice and would more or less indicate a desire on the part of those members to find that that was a justi- fied unfair labor practice. On that ground, they could not justify restricting the City to five members. The City Attorney stated he has not explored with the staff of the commission as to whether or not that would be acceptable. He stated he had felt that Council wanted to stay with five members and the question that was previously put to him by more than one Councilmember was whether or not the City is required by the order of the commission to go to three members. He interpreted their order, which was in July, as not requiring a three member commission but only a three member quorum and that particular aspect of the ordinance has not been questioned by the staff. After discussion, it was suggested by the City Attorney %o pass this ordinance, as is, because they are somewhat under a time bind to get this ordinance into the commission by November 16th; the original deadline was October 16th but was given a 30 day extension. He stated he would like to go ahead and move this through and if Council wants to amend the ordinance as adopted, it can be done and make subsequent application. It was decided by Council to pass this and in the meantime they would be expecting recommendation from the local PERC and the City Attorney. Mr. Chapin asked the City Attorney if the change of this ordinance is a voluntary act on the City's part of something mandated from Tallahassee? The City Attorney stated that it was compelled by an order of the commission in Tallahassee. Mr. Chapin asked what is it, in effect, doing to the. City's mini PERC? The City Attorney re- plied that it makes the City's ordinance comply with the State law. The State law has been amended subsequent to the original State law, which was passed in 1974, and their order is to make the City's ordi- nance meet the standards in the State law. Mr. Chapin moved for the adoption of Ordinance No. 74-77 on First Reading, seconded by Mr. Weekes. 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 stated he has appeared three years in a row in front of the committees of the State Legislature that have considered revisions to the collective bargaining act and testified in behalf of local government concerns; what he foresees here is adoption of a lot of things he has argued against and was hoping that the changes would not be made. Mr. Sanson asked the City Attorney if these changes are incorporating every change that was made by the State Legislature? The City Attorney stated that unfortunately the commission did not leave that to his discretion. In their order they set forth 22 categories by section of State Statute that had to be amended in accordance with the State Statute. - 17 - 10/24/77 upon question by Mr. Sanson and discussion by Council, the City Attorney stated that no one has challenged the jurisdiction of the commission to enter the kind of order that they entered. You could take the position and challenge the authority of the commission to enter that kind of order but in all likelihood, that would not stand much of a chance of success in view of the Naples case that was rendered regarding whether or not local option ordinances were effective only after reviewed and approved by State PERC or not. The State commission would probably be able to establish continuing jurisdiction which is their position; that they have continuing jurisdiction over local optional ordinances so that if the ordinance does not comply with those requirements, they deem to make it substantially equivalent to State law; that they could, in effect, enter an order terminating the local commission. 9.a. The City Manager reported that the Planning & Zoning Board, at a meeting held on October 18th, recommended by unanimous vote that the southern part of S. W. 22nd Avenue that veers directly east in the area of the "Delray Oaks" development, be changed to S. W. 29th Street. This request was made by the Fire Department in order to eliminate confusion and time loss in the event of an emergency. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Chapin. Said motion passed unanimously. At this point, time being 9:16 P. M., Councilman Leon M. Weekes, left the room and returned at 9:20 P. M. 9.b. The City Manager reported that the Planning & Zoning Board, at a meeting held on October 18th, recommended by unanimous vote that the final plat approval request for Rainberry Bay (Section I) at the northwest corner of the intersection of Lake Ida Road and Davis Road be approved, subject to compliance with the requirements of the City Engineer as stated in his October 18th memorandum. Mr. Chapin moved that Council sustain the recommendation of the Planning & Zoning Board regarding final plat approval of Rain- berry Bay, Section I, seconded by Mr. Randolph. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board, at a meeting held on October 18th, recommended by a vote of 4 to 2 (Stebbins and Carey dissenting), that'the conditional use approval request for a self service gas station (Elias Oil Company) at the north- east corner of the intersection of U. S. No. 1 and N. E. 8th Street be approved, subject to the following: (1) Compliance with the requirements of the Community Appearance Board as stated in their letters of August 26th and September 16th; (2) A time limitation of 12 months be set for development of the project. Mr. Sanson asked if a place has been an existing use and then if it is abandoned or sold, is that why you go through a conditional use procedure again? The City Attorney stated that if there is a ~. modification in the use, whether or not there is a change in ownership or not, that change in the extent of the use or the permanency of the use, would require additional procedures to be gone through, as far as conditional use. Mr. Sanson asked then, if this conditional use is awarded, then they wo~ld have to comply with the new landscaping ordi- nances? The City Attorney stated yes, that the petitioners will have to comply with the ordinances that are in effect at the time the condi- tional use is approved. At this point Mayor Scheifley left the room temporarily, time being 9:22 P. M. and turned the meeting over to Vice-Mayor Weekes. - 18 - 10/24/77 Mr. Carey stated that the petitioner is going from a filling station to a self-service station, changing the character which, therefore, requires a new site plan. The old station known as Elias will be torn down and a smaller structure built with several islands and an X number of pumps. The difficulty with the location, as it exist is that anyone traveling east bound on 8th Street, once he crosses U~ S. #1, and then decides to take a left turn into that station, will effectively block all flow of traffic behind him. Mr. Carey stated that he contends that if all their customers were 20 years of age, that might be a valid argument, but many of the City's residents are not 20 years of age but 65 and older and they are slower. The biggest attraction of self-service stations is price. If a left-turn lane could be provided on 8th Street or eliminate the left-turn lane east bound on 8th Street, he could accept it but at the point where they have the egress into the station off 8th Street from the east bound lane, that is exactly one lane wide, you're in for a minor disaster in that area during the season. Mr. Randolph stated that the City has had that turning problem for years and asked if this is basically the minority point. Mr. Carey answered yes, in other words they have to concern themselves with the health, safety, and welfare of the community and he contends the City already has a problem and it is not going to improve as the traffic flow on 8th Street increases. At this point Mayor Scheifley returned to the room, time being 9:28 P. M. Mrs. Plume stated that she can appreciate the view point of Mr. Carey but feels that every time you have a left hand turn, whether you're going into the Sail Inn or wherever, you're going to have this problem. This has been a service station for a number of years and she feels the people all around it are going to be benefited by the improvements that are going to take place at this station. It was noted by Charlotte Durante that there will be additional pumps at this station which will make the traffic flow a little faster. Harold Wenal, Highland Beach,representative of the Oil Company, stated they are trying to better this location; they have converted other locations and have bettered the community. He stated that if they don't win this case, the garage is going to stay there and they are going to have to turn it into a garage again which will make it a worse eye-sore than it is. Lee Starkey, 301 Gulfstream Drive, Delray Beach, spoke representing Dan Brady Consulting Engineers, West Palm Beach. He stated that at the location now, there are no curb cuts; it is paved from the intersection to the alley so you can enter and exit that property from any point. They have channelized the traffic with carefully laid out curb cuts which are defined by striping; this is going to control access into and out-of the property. The left turn back up that was alluded to is a problem and will remain a problem and there is no way it could be eliminated; it's a problem in any similar intersection in this town, in this City or any other city. There is more capacity with the layout presented tonight on the site for cars. If, in fact, they do have the elderly using the site and taking more time, there is more room on the site for cars to they won't be backed up. There is presently one island on the property; the layout presented tonight has two islands. Mr. Sanson asked it there is any intention of expanding the use into the typical thing seen at self-service stations with the milk, eggs, etc? Mr. Wenal stated the only products they qualify to sell are sodas, chips and milk; the size of the store will prohibit expanding. Mr. Randolph asked how the attendant ~o~ld work - would this person be inside a caged area or will he be out on the fueling isles. Mr. Wenal stated tha~ the employee will be inside the caged - 19 - 10/24/77 area but probably during two or three months of this season they will have an outside employee for elderly people who do want full service. He stated that they haven't found any customers or older people who do complain because generally they want to take advantage of the price situation because they are on limited budgets. Mr. Chapin asked Mr. Wenal if the basic concept is to reduce price and expand volume. Mr. Wenal stated that they do a substantial volume there now anyway; what they are really trying to do is two things. They will lose volume over time as that station continues to decay and they personally feel they can do a better job and a more profitable job in a much cleanier facility; they don't anticipate doing that much more volume. Mr. Chapin stated that it seems to him that under Chapter 29 of the "Zoning Code" there is really one criteria in which to judge this and that's the ingress and egress. Mr. Chapin noted that there are two ingresses and egresses onto 8th Street - one immediately to the west of the property and asked if this could be regulated so there would be no left turn there. Mr. Wenal stated "yes" they could regulate this by showing an entrance sign as you come east for the far entrance, the furtherest from that interchange. After discussion it was agreed that a sign could be posted making the westerly curb cut an exit and the easterly one an entrance. Mayor Scheifley asked the City Attorney if they could put this condition on. He answered, yes; Council can require that the applicant design the entrances and exits so that this would be accomplished and that they erect signs. Upon question by Mr. Sanson, Mr. Carey stated that the applicant went before the Board of Adjustment for road frontage and lot size and was cleared. Mr. Sanson asked what are the hours of operation. Mr. Wenal stated that right now they are open from 6:00 A.M. to 12:00 midnight and 6:00 A.M. to 1:00 A.M. on weekends. Frank Bruno, owner of the Sail Inn at 657 N.E. 8th Street, stated he is not only speaking for himself but for Rosella's, the Beauty Salon, and the Motel. He stated that presentation sounds good but think about the practical use. They have had to, during the season with attendants at that gas station pumping gas, for self-survival, call the Police Department to keep 7th Avenue open so that their clients could come in to have lunch and exit out. He noted that Council is going to create the same thing that they were afraid of years ago when this was rezoned back to residential and, at a much higher volume with people trying to turn east to go to the beach, to the gas station, and people trying to exit out the alley, the Sail Inn, the Beauty Salon, and Rosella's. Ann Bruno, wife of Frank Bruno, stated that much has been said about the people going east on 8th Street and nothing has been mentioned about the people going west on 8th Street. The lane going west is one lane too and they do back up and will back up conceiveably to the bridge and block that up. It will be difficult to get in and out of the station regardless what the plans are; there is not enough room to do it. The letter from Father Skein, the Church, and the School, stated how they feel about this and Council should give them some consideration. Mr. Wenalistated that this station is not going to cause a total traffic breakdown on 8th Street. He has seen terrible traffic on 8th but it is not because of the station but because 8th Street is a main artery to the beach. The traffic problem is that east of the station there is traffic that is parked perpendicular to the road and in many cases on the edge of the road; across the street is the same situation and the only way this traffic can exit from the property is to back out into the traffic. - 20 - 10/24/77 Mr. Sanson asked that if this petition is denied, is there anything to prohibit the petitioner from continuing to operate as a service station; Mr. Carey answered, no. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Sanson. Before roll call the following discussion was had. Mayor Scheifley stated that this is not an easy question - would you rather have an eye-sore without too much traffic or would you rather have an attractive place with increased traffic. It seems there are places all over town with traffic problems like that and, therefore, feels it would be better to have an attractive place to beautify that corner. Mr. Sanson stated that basically he feels the same way. To improve the appearance of that corner would help improve the quality of the motel a lot more, because you are going to have a service station regardless. The overall advantage is having a cleaned up corner and a nice appearance would certainly help the town in that area. Mr. Weekes concurred with what had been said. He stated that you will also have to consider that there is not a commercial venture in that area that would conform. Everyone of the businesses there has been made non-conforming by changes in the ordinances and he is not sure that the filling station is the principle cause of the problem. It has been brought out that all of the other businesses there have to back out to get onto 8th Street from the place of business and that in itself is extremely dangerous; there is nothing that can be done about it because they were conforming at the time they were built. For several reasons, Mr. Weekes stated he does not think the traffic is going to be any worse than what is there today and in a long haul, it is going to be better. If that corner is not improved at this time, he does not know when it will ever be improved and the City will probably end up with another monument. Mr. Chapin stated he would like to request that the approval of this motion be conditioned upon the applicant restricting the east bound traffic on 8th Street at its westerly entrance and exits and provide "exit only" signs and provide that the easterly entrance be "entrance only" not exit. Mayor Scheifley asked Mr. Randolph if he ~o~ld accept an amendment to the motion with that condition on those two exits as stated by Mr. Chapin; he answered, yes. Mayor Scheifley then asked Mr. Sanson if he would accept this in his second to which he answered yes, and stated that he is assuming that Mr. Randolph's motion included compliance with the CAB and the time limitation; Mr. Randolph answered, yes it does. The City Attorney stated that also the point that the applicant would be limited to the eight pumps shown on the plan as submitted and, if it is material to Council, a limitation of the food items to be sold. The eight pumps should definitely be a condition; the food, what items are to be sold - milk, soda and chips is what was said, and if Council wants to limit it to that, they can do so. Mr. Sanson noted that if they sell a substantial amount of convenience foods, there are going to be people who are then going to turn into the store just for that purpose, thereby increasing.the traffic flow. Mr. Wenal stated that the size of the building, approximately 400 square feet, would not permit the selling of convenience foods. Mayor Scheifley asked that Council vote on the question to sustain the recommendation of the Planning & Zoning Board, to control the exits as outlined by Mr. Chapin, and the limitation of pumps. Said motion passed unanimously. - 21 - 10/24/77 ,9O 9.d. The City Manager reported that an application has been received from the HDV Construction Corporation (Seymour Dubin) to annex a 3.416 acre parcel of land, subject to the SC (SpeCialized Commercial) District. The property is presently used for a trailer camp, and the proposed use is for a leisure recreational bowling center. The subject property is in Sections 28-46-43 and 29-46-43 and is located on the east side of U. S. No. 1 between Avenue "H" and Avenue "J". The Planning & Zoning Board, at a meeting held on October 18th, recommended by unanimous vote that the property be annexed subject to the SC (Specialized Commercial) zoning district. This request is in confor- mance with the City's new Land Use Plan. No one appeared in opposition to this request. Council may either authorize the City Attorney to prepare a resolution to the Palm Beach County Board of County Commissioners requesting permission to rezone this property when annexed or refer the matter to workshop. This property is presently zoned in the Co'unty as GC (General Commercial) in part and RS (Residential Single Family) in part. -~ Mr. Chapin stated that in light of the problem that Council has with an earlier request from Ms. Hardy, he would prefer that Council refer this, item 9.d and 9.e of tonight's agenda, to work- shop to clarify exactly what the problem is in this area. Mr. Chapin moved that items 9.d. and 9.e. be tabled and referred to workshop for reasons stated, seconded by Mr. Weekes. Said motion passed unanimously. 9.e. The City Manager reported that an application has been re- ceived from the HDV Construction Corporation (Seymour Dubin) to annex a 1.17 acre parcel of land, subject to the RM-10 (Multiple Family Dwelling) District. The property is presently used for a trailer court, and the proposed use is for rentable apartments. The subject property is in Section 28-46-43, and is located on the east side of Frederick Boulevard, between Avenue "H" and Avenue "J". The Planning & Zoning Board, at a meeting held on October 18th, recommended by unanimous vote that the property be annexed subject to the RM-10 zoning district. This request is in conformance with the City's new Land Use Plan. No one appeared in opposition to this request. Council may either authorize the City Attorney to prepare a resolution to the Palm Beach County Board of County Commissioners requesting permission to rezone this property when annexed or refer the matter to workshop. This property is presently zoned RS (Residential Single Family) in the County. This item was tabled and referred to workshop in the motion of 9.d. 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 Fund .............. $528,446.43 Cigarette Tax Fund ........... 6,105.00 _ Utilities Tax Fund ........... 63,990.00 Water and Sewer Fund .......... 21,523.77 Mr. Chapin moved, at 10:10 P. M., for the adjournment of the meeting, seconded by Mr. Randolph. Said motion passed unanimously. - 22 - 10/25/77 The undersigned is the city Clerk of the City of Delrav Beach and that the information provided herein is the minutes of the meeting of said City Council of October 24,' 1977 which minutes were formally approved and adopted by the City Council on ~-~F.~c~_ /~f ~ 7 City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of the City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 23 - 10/24/77