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12-12-77 147 DECEMBER 12, 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, December 12, 1977 with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. 1. The 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. Weekes moved for the approval of the minutes of the regular meeting on November 28, 1977 and the special meetings on November 22, 1977 and December 5, 1977, seconded by Mr. Randolph. Said motion passed unanimously with the following correction. Before roll call Mr. Sanson noted that in the minutes of November 28, page 7, item 6.1., 2nd paragraph from the bottom where it says" .... there is a reason to keep these police investi- gation tapes.", the words from the public should be added to read " .... there is a reason to keep these police investigation tapes from the public." On page 3, item 4.a.l., Mr. Sanson stated this is relative to the fact that there was supposed to be an emergency hearing on December 8th pertaining to the Beach Bathhouse and asked for an up- date by the City Attorney. The City Attorney stated that the hearing was held and the judge ruled that the City could start full construction again on January 4th. ~Upon question by Mr. Sanson the City Attorney stated the City does no~ have to post a bond. 4.a. Mr. Chapin commented that he saw the dredge today and it brought the question to mind, which he would like to refer to the City Attorney, will the City pay for the sand as it is deposited on the beach or will the City pay for the sand at the time the contract is concluded? This was acknowledged by the City Attorney. 4.b.1. Mr. Sanson stated that sometime back he had asked for a report from the City Manager on the Administration's evaluation of the current situation with the abolition of the municipal courts and asked if Council is going to receiv~ that. The City Manager stated he has the information and it is just a matter of putting it together; it will be given to Council very shortly. 4.b.2. Mr. Sanson requested a report from the City Manager on the situation with the garbage transfer station. He stated that apparently the time is getting close for the shut down of that station which the paper says is in October, and he does not know what plans the City has if that does, in fact, take place. This was acknowledged by the City Manager. 4.b.3. Mr. Sanson noted that on December 8, 1976, the City was notified formally of the proposed retirement of the City Engineer and he formally retired on January 28, 1977. He questioned why there is not a new City Engineer, to date, and where the money has gone for a year's salary and what are the intentions~of the City Manager to find a new City Engineer? The City Manager stated the City has saved the salary of the City Engineer during the time there has not been the additional person on the City payroll. He stated that the City Engineer, other than the City Attorney, is the only profession on the City's payroll that, by State Law, must carry a Florida registration; this makes it more difficult to recruit among other things. An appoint- ment was offered sometime ago after national advertising, but fell through due to the party, who was from out-of-state, not accepting the position. Therefore, the City has had to start all over again. Fortunately, the City is in a position where they do not have to rush into this because of the competent people in the department. 4.c. Mr. Weekes noted that from time to time he receives complaints about the speed with which the FEC trains come through Delray, especially at night. He stated he has asked the City Attorney to check into this to see if there are any ordinances on the books which will limit the speed of the train or if there are state statutes or what methods can be used to control the speed of these trains. He stated that in his opinion, and a number of the citizens, this constitutes a danger to the safety and welfare of the citizens of this City. The City Attorney stated that there is no provision that he has found in the ordinances; however, he is going to check with Boca Raton who enforces such a provision and will report back to CounCil. 4.d. Mayor Scheifley noted that this afternoon, he took it upon himself to represent the City Council and the City to atten&'.-.~ the funeral services of Albert Leftcourt who died on Saturday. He was a kind, gentle, compassionate man and he probably did more than any one individual to promote the Sister City relationship between Delray Beach and Miyazu. 5. ~There were no public requests from the floor. 6.a. The City Manager reported that he did what checking he could by telephone on the Living Memorial Fund that has been estab- lished by the Palm Beach County League of Cities in the name of Bill Cruikshank, who was the Executive Director of the Palm Beach County League up until his death a short time ago. A sum of $1000 has been raised so far toward this fund; the purpose of which is to present scholarships to students of government in the name and memory of Bill C~Dikshank. The City Manager stated that as far as he knows, individuals have been contributing to the fund, to date, and the only municipality that has contributed is the City of Cloud Lake and they contributed $25. Mayor Scheifley questioned the legality of this. The City Attorney stated that Council has probably heard the phrase that "public funds are to be used for public purposes" and to the extent that this would further government and be an expenditure that would further the interest of a municipality, it could be construed to be a legal expenditure by the City; however, he feels that it is a borderline situation, as it is going, into a private fund to be disposed of by private individuals. The City does not have any restrictions, as. such, that would guarantee that a public benefit to the City of Delray Beach would be received. Mr. Sanson asked for clarification of the City Attorney's statement that it would be a donation to a private fund allocated by private individuals. He asked if he means that, when it is to be considered, the money would be donated to Palm Beach Municipal League as they are the keepers~of the Savings Account for the Scholar- ship fund? As far as it being allocated, it would be allocated by the Palm Beach Municipal League. Mr. Sanson stated it is his under- standing that every municipality in the County wouldlbe able to submit at least one name for a citizen of their town who could be eligible to be chosen for the scholarship. The monies would be allocated for tuition cost at Palm Beach Junior College for people majoring in government related studies. The City Attorney stated he realizes there will be cer- tain restrictions on the expenditure of the money, but relating that to a public purpose and public benefit as related to Delray Beach is somewhat tenuous, but in the event that a small contribution was made, there would not be a big objection. - 2 - 12/12/77 Mr. Weekes moved that the City contribute $50 to the Cruikshank Memorial Fund, seconded by Mr. Randolph. Said motion passed unanimously. 6.b. Mayor Scheifley noted that Dr. Charles Eschenberg is a member of the Morikami Advisory Committee and, on his bonsai trip to Japan, he acted as an emissary for the City and presented to the Mayor of Miyazu, Japan an American Flag from the City of Delray Beach. Dr. Charles Eschenberg gave a report of his trip to Japan and the material sent back to the City of Delray Beach by the Mayor of Miyazu, Japan which included a Japanese Flag and a flag of the City of Miyazu. He stated it was his feelings that the people of Miyazu are quite interested in the interchange program. Now that the official exchanges have been made, the members of the Citizens Advisory Committee for the Morikami Park and Museum, wish to carry the ball a bit further; a resolution from the City Council has been received stating they could do this. Dr. Eschenberg stated that they are going to try and get an actual committee going under the auspices of the Friends of Morikami, Inc. He stated they will spearhead it but they will be looking for the people of the community to join in promoting a person to person exchange to build upon what has already been established. Dr. Eschenberg stated he would like the permission of the Mayor and City Council to exhibit the items he brought from the City of Miyazu at the Delray Beach Public Library during the month of January, at which time there will be a Japanese Flower Arrangement project going on to try and gender community interest. Mayor Scheifley stated that one of the problems the City has is finding a place to display the items that have been sent to him from Japan and he asked if Dr. Eschenberg and the committee could come up wi~ some ideas. 6.c. The City Manager reported that Council informally decided, at the workshop meeting on December 5th, that a moratorium on Council meetings during the period December 13th through December 31, 1977 should be acted on. The City Attorney stated that there is a provision in the City Charter which requires two regular meetings a month and, because of that provision, the Council is going to have to have one more meeting this month. Council did this one time in 1974 but that was under a different Charter; the City Attorney suggested scheduling next Monday night, December 19, 1977 for that meeting and have a very abbreviated agenda,'whi~h would include public requests from the floor, Council items and any other small miscellaneous items that may come up in the meantime - all the ordinances would be scheduled for the January meeting. Mr. Chapin moved that Council advance the next regular meeting to December 19th, and to have an abbreviated agenda as out- lined by the City Attorney, seconded by Mr. Weekes. Said motion passed unanimously with the following amendment. Before roll call Mr. Weekes stated that he would support the motion with the caveat that Council may have to have a special meeting, either a regular meeting or workshop on the matter of the water treatment plant. Mr. Chapin stated he would agree with that amendment. Mayor Scheifley stated that Mr. Bernenko originally suggested this idea; Mr. Bernenko suggested that at the next organi- zational meeting, when they set the dates for Council meeting, that they look ahead to December, 1978 and try to get the Council meetings scheduled before the 15th of December. - 3 - 12/12/77 6.d. The City Manager reported that Council, at the Special meeting held on December 5th, decided to have further discussion regarding partial termination of the Russell & Axon contract tonight. The City Attorney stated that the notice was given that tonight a discussion would be had on the partial termination and that, in the event that Council decides to file a partial termination, then a 30 day written notice is provided for in the contract with termination to be effective 30 days hence. The City Attorney stated he had discussed this with Mr. Bonner, who is the Attorney for Russell & Axon, prior to the meeting and he stated the firm has no objection to waiving the 30 day requirement but does have some pro- blem in terms of the definition of exactly what it is that is being terminated. The City Attorney stated that the notice that was sent out referred to chemical tests and there seems to be some doubt as to what that encompasses. Dale Bonner, Attorney from Daytona Beach, representing Russell & Axon, stated that he is authorized by George Russell, of Russell & Axon, to waive the 30 day requirement provided that there is a meeting of the minds in understanding what future engineering services the firm is going to be terminated on. He stated he does not understand what the chemical testing is and neither does Mr. Russell; if this term could be understood, there would be no problem. Mr. Sanson stated this was discussed at some length and the majority of Council agreed with the retaining of the firm of Barker, Osha & Anderson and Council would be looking at the immediate function for the firm to perform what is termed "jar test" which, as explained to Council, seems to be a fairly simple test and would not take too long. Mr. Moyle's comments during that meeting was that he felt the "jar tests" are all that would be needed and that the City would have State approval after their performance and the City could proceed. Mr. Sanson stated that in view of the conster- nation that Mr. Weekes has on the time element, Council should plan ahead; they should anticipate that there might be further require- ments for additional chemical testing to see whether or not the proposed process will be satisfactory to meet the DER and Health Department standards. Mr. Weekes .stated he thinks they have to define clearly what Council intends by this because the term, as they have used it, has been a pretty loose term. It is entirely possible, if not pro- bable, that at the end of the construction program they're going to have to test the finished product. He stated he does not intend the term "chemical testing" to include that kind of work. Mr. Sanson stated there are two things he is trying to get Council to take into consideration - (i) the time factor and (2) if you want to cut the time in half, if you have to have a "pilot plant study", then that means using Manalapan's equipment. Mr. Chapin stated he would not object to the term "depth" subject to the advic~ !of the attorneys involved - chemical testing be defined to include "jar test" and a "pilot study test", if necessary. In fairness and clearness of understanding, it would not include after construction tests that may be required. Tests that may be required after construction, or in the process of construction, where not just the pilot or segment be tested, but the whole opera- tion itself would be tested, is where he would draw the line. Mr. Chapin noted that the majority of the members of Council would define the partial termination to (a) "jar test" (b) "pilot plant test" but would not go so far as to include in the partial termination a full scale test of the entire operation within the City's limits of the proposed plant expansion treatment facility itself. - 4 - 12/12/77 151 Mr. Bonner stated he is unclear on two points as to the "pilot plant test" (1) is Council saying this is to be done only if it is needed - Mr. Chapin answered that, to their knowledge, it is not needed but they want to cover every base, as they proceed, so it would be only if it is needed; (2) Mr. Bonner stated he under- stands there is a possibility the State may define "pilot plant testing" to include the actual building, or plant itself, and to run it as a "pilot test plant". If the definition is, in fact, that broad or becomes that broad in the future, he would foresee, as an attorney, that the "pilot plant test" would include the building of the plant itself, which he does not believe is the intent of anyone at the meeting. The majority of Council agreed with Mr. Bonner's inter- pretation of the chemical testing. Mr. Randolph asked when~talking about the possible use of Manalapan's pilot plant, are they talking about a written agree- ment to utilize this equipment in conjunction with the possible use of Barker, Osha & Anderson, Inc., and, approximately, how long and how involved this will be and what is the approximate cost to the City? Mr. Sanson stated that because there has not been a former need to look at the process, he has not gotten into those specific details in all points. He stated that the situation with the pilo~ plant is~not so much that it's that elaborate in terms of feature; what's elaborate is the equipment that is within it and this equipment has all been purchased, is available and set up in Manalapan. There has been no indication that there would be any charge for the use of the equipment; however, he stated he is sure the City would want to make good on any equipment that might be broken or become in a disrepair, if something happens. Mayor_Scheifley asked if there will be a money cap with Mr. Anderson or what will the arrangement be? Mr. Sanson stated that as far as he understands the City will have to enter a portion into the Competitive Negotiations Act. He stated that Mr. Anderson feels that the "jar tests" themselves are very simple functions and will be well under the $5000 limit under State Law. If Council has to face the "pilot plant" question, Mr. Sanson stated he thinks it is going to be an issue that is going to be faced separately. Mr. Weekes stated that it is premature to discuss this but he has in mind a plan which may..preclude this necessity of the "pilot plant" study but the "jar test" will have to be done regard- less. He stated he is very hopeful that they will not be required to perform the "pilot plant" studies; he is not ready to go into detail at this time but in the next few days they may have some kind of a formal presentation on some way out of this. Mr. Klinck stated that he thinks it is somewhat of a preconceived conclusion they are going to need "pilot plant" studies and second that a "pilot plant" study conducted on the equipment that Mr. Sanson is discussing will not prove anything for the treat- ment plant; the mere idea of trucking water from the wells to Manala- pan is ridiculous because it would immediately change the composition of the water starting with the oxygenation of it. He stated that if Council gets to the point where so-called "pilot plant testing" has to be made in order for them to determine what design perimeters are necessary to treat Delray Beach water, prepare plans and speci- fications, then, at that point, Council should give a complete termination of the contract because they won't have anything to do with it. Mr. Klinck stated he thinks the point at hand is a partial termination in regard to the "jar test" and, if the other question comes up, address it at that time. - 5 - 12/12/77 Mr. Bonner stated that he has authority from Mr. Russell to waive the 30 day requirement as to chemical testing only as it relates to the specific "jar test" coming up; he has no further authority beyond that and would have to go back to Mr. Russell for a determination as to the question of the "pilot plant". Mr. Chapin moved that Council partially terminate the firm of Russell & Axon, as to performance of the "jar test",in connection with the expansion of the water treatment facility (in so moving, he thinks that it is pure speculation as to whether Council will need a "pilot study" and if they do, they will address that question at that time whether Council wants to avail themselves of the generous offer from Manalapan or whether Council wishes for Russell & Axon to do it) and have the firm of Barker, Osha, & Anderson per- form those tests and keep an open mind on any other subsequent test that may be required in the interim, 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 - No. Said motion passed with a 4 to 1 vote. Before the second, the City Attorney asked Mr. Bonner whether or not the waiver of the 30 day termination notice is uncon- ditional as applied to the "jar test" or conditional upon Council's partial termination being limited to the "jar test". Mr. Bonner stated his only position is his authority which is to waive the 30 days as if the term "chemical testing" refers to the specific "jar test" as contemplated; he has no authority beyond that. At this point Mr. Weekes seconded the motion and the following discussion was had. Mr. Palmatier stated he thinks it would be important to have some clarification as to Mr. Klinck's remarks that if "pilot plant test", meaning the preconstruction pilot plant tests, were to be necessary that they wouldn't have anything to do with it. He stated he is wondering that, in making that statement, if Mr. Klinck believes that these tests wouldn't be necessatry or whether or not he believes they will not prove anything. 6.e. The City Manager reported that Council informally decided, at the December 5th workshop meeting, to appoint Ted Cumming to the Police & Firefighters Retirement System, Board of Trustees, to fill the unexpired term of Morgan!Zook which ends April 22, 1980. Mr. Sanson moved for the appointment of Ted Cumming to the Police & Firefighters Retiremen~ System, term ending April 22, 1980, seconded by Mr. Randolph. Before roll call Mr. Chapin asked does the person have to be a resident of the City of Delray Beach? Due to the City Attorney's absence from the room at this time, Mr. Sanson moved to table the motion until the return of the City Attorney to answer this question, seconded by Mr. Randolph. Said motion passed unanimously. 6.f. The City Manager reported that it is recommended that Council authorize the acceptance of an easement deed from Louis Brunetti, Jr., President of the 1923 Building Associates, Inc., to the City for the west six feet of Lot 555 in Tropic Palms Subdivision (1169 Avocet Road) for drainage purposes. This was requested by the City and has been installed. Mr. Weekes moved that Council accept the easement deed from Louis Brunetti, Jr., on the west six feet of Lot 555, Tropic Palms Subdivision for drainage purposes, seconded by Mr. Sanson. Said motion passed unanimously. - 6 - 12/12/77 153 6.e. At this point the City Attorney returned to the meeting and in answer to Mr. Chapin's question as to whether or not the person appointed to the Police & Firefighters Retirement System has to be a resident, he answered, no. Mr. Sanson moved that this item be moved from the table, seconded by Mr. Randolph. Said motion passed unanimously. Mr. Sanson moved that Ted Cumming be appointed to the unexpired term of Morgan Zook on the Police & Firefighters Retire- ment System, ending April 22, 1980, seconded by Mr. Randolph. Said motion passed unanimously. 6.g. The City Manager reported that the following quotations have been received for one 1000 gallon pumper for the Fire Depart- ment: iBIDDER QUOTATION Gator Emergency Vehicles, Inc. $58,715.00 Seminole, F1 W.Q. Dowling Fire Equipment 70,795.88 Keystone Heights, FL W. Q. Dowling Fire Equipment met the specifications. Gator Emergency Vehicles, Inc., had 29 variations from the specifications and they did not add the additional equipment included in the speci- fications which made their bid lower. $70,000 is provided in the current budget for the pumper. Three items, totaling $867 will be deleted from the equipment list, making the total price of the vehicle and equipment $69,928.88. It is recommended that the award be made to W. Q. Dowling Fire Equipment in the amount of $69,928.88. Mr. Chapin moved that Council accept the bid of W.Q. Dowling in the amount of $69,928.88, seconded by Mr. Weekes. Said motion passed unanimously. 6.h. The City Manager reported that Council should consider authorizing Barker, Osha & Anderson, Inc., to perform chemical tests relative to expansion of the water treatment plant (if termination notice requirement is waived by Russell & Axon). Mr. Chapin moved that the firm of Barker, Osha & Anderson, Inc., to perform jar tests necessary in connection with the expansion of the City's water treatment facility, be authorized, 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 - No. Said motion passed with a 4 to 1 vote with the following amendment. The City Attorney noted that this particular authorization can only be made if the fee is less than $5000 otherwise it has to be competitively negotiated. Mr. Chapin amended his motion with a cap of $5000, 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 - No. Said motion passed with a 4 to 1 vote. 6.i. The City Manager reported that as discussed at the December 5th Council workshop meeting, Council is to give considera- tion at tonight's meeting to amending the contract with Bumby & Stimpson, Inc., pursuant to discussion that was had at the workshop meeting. The City Attorney noted that this amendment is to authorize a demobilization payment in the amount of $9800 in the event that the City exercises its right to terminate the contract - 7 - 12/12/77 154 and, if terminat±on becomes necessary ±n the event that the fundinq is reduced, or terminated, and/or an injunction entered, prohibiting the funds expenditure. Mr. Weekes moved that Council amend the contract with Bumby & Stimpson, Inc., to include this provision, seconded by Mr. Randolph. Said motion passed unanimously. 7.a. The City Manager reported that a communication from County Administrator John C. Sansbury, dated November 30, 1977, soliciting the City's comments and recommendations relative to the County Library System was referred by the City Manager's office to the Delray Beach Library for their input for City Council considera- tion. The response from the Library was not received in time for the December 5th workshop meeting, hence, it should be reviewed for Council's action tonight, since Mr. Sansbury has requested a response from the City not later than December 21st. Upon request by the Mayor for a brief explanation of Ms. Wolf's recommendations, Mr. Sanson stated that the way he reads it, she is saying that she still thinks the City's present prosition is correct and the only possibility of a change would be perhaps joining with Highland Beach; she sees no reason to reconsider joining the County unless substantial changes are added. This was concurred by the attorney for the Library, Mr. Norman Otto. Mr. Chapin asked Attorney Norman Otto if he think it is appropriate for Council to reply to the County Administrator saying that the City has reviewed the report prepared by Mr. Sansbury and finds it to be fair and equitable and that, based upon the present situation, Delray wishes to go it alone; on the other hand, if there are major changes in the County, the City will keep an open mind on that score. Mr. Chapin stated that this will give the City's position on the matter but, also keep the dialogue open for possible improvement or r~ersal of the existing trend. Mr. Otto stated he would not go into that much detail; he would simply make the response that the City supports the continued negotiation of the future problems between them with the hopes that they can be solved rationally. He stated that he thinks the funda- mental question is, do you want separate systems throughout without any common links, or do you want a group that cooperates and shares their facilities, plans and ideas. -The answer to that should be following the Arthur D. Little study and having a cooperative system. He stated that he thinks it would be beneficial to the ! ~ City if Council would advise the County that your desires were along that line rather than a separate number of systems. Mr. Chapin stated that, if it is agreeable with the majority of members of Council, he would think that the City Manager should be requested to reply to Mr. Sansbury saying that, in theory, in concept, the facility of Delray Beach agrees with the original concept outlined by the Arthur D. Little report; until there are major changes in the present modus operandi, that the City wishes to go it alone. This was agreeble with the majority of Council and Attorney Otto stated that he thinks it is fairly accurate. Mr. Chapin moved that the City Manager be requested to reply to Mr. Sansbury saying that, in theory, in concept, the facili- ty of Delray Beach agrees with the original concept outlined by the Arthur D. Little report; until there are major changes in the pre- sent modus operandi, that the City wishes to go it alone, seconded by Mr. Randolph. Said motion passed unanimously. Mr. Sanson informed Council that he received a call from the new Executive Director of the County Charter Commission asking him if he would take part in an informal discussion with people all over the County, at 9:00, Wednesday in West Palm Beach, relative to the library situation. Since he will be unable to make it he asked if anyone else on Council would be able to attend. Mr. Sanson - 8 - 12/12/77 155 stated that they wanted any other interested citizen and he thought that perhaps the president of the Library Association should go; however, they did not want any of the staff or paid people associated with this to attend. Mr. Sanson noted that he would ask Mr. Cumming, President of the Library Association to attend and any of the Council members who wish to go in his place may do so. 7.b. The City Manager reported that the City has been invited by County Parks & Recreation Director John Dance to submit a funding request for recreational improvements. It is thought that each of the five County Commission Districts will be allotted $100,000 (for a total of $500,000). Since the development of Miller Park is well under way, in accordance wth provisions of a master plan, the park is regional in nature (available to County as well as City residents) and since the City has sufficient funds provided in the current budget to meet the matching funds requirement of this new County funding program, (but not enough to pay full development costs), it is recommended that the City request the County to allo- cate $50,000 (half of the total available for this Commission District) for Miller Park development. Mr. Sanson noted that under point one of the letter Council received, this money is to be received in the 1978-79 budget and, in the second paragraph, it stated that "this principle funding will be derived from ad valorem taxes"; in the first paragraph it states "subject to available funding". Mr. Sanson stated that it worries him because what is going to happen is property taxes are going to be raised to whatever degree it takes to raise $500,000 and he cannot support Council going along with this unless, at least, the motion states that this money will be given out assuming it does not necessitate additional taxes being levied on the people. Mayor Scheifley asked if Council does not accept it, will the $100,000 go to the other County Commissioners? The City Manager stated that Delray is not the only area within this commission district - $100,000 is not much money for this district. If we. do not take iti, the other municipalities would like to have it and it wouldn't have to go to some of the other Commission Districts. Mr. Sanson stated that it seems to him that the County Parks & Recreation Department is wanting additional money to expand their budget and have more projects going on that they can take care of. He added that he does not-mind asking for the money and he wants the City of Delray to have it, but it does not hurt to put in a clause that theCity supports this program providing that the money is not having to be raised through raising taxes. Mr. Weekes stated that he personally believes that it is a rip-off on the taxpayers but as long as it is there it is not fair to the City's taxpayers not to get as much of it as they can - Council owes it to the citizens of Delray. Mr. Weekes moved that the City Administration be authorized to reply to Mr. Dance's letter seeking $50,000 of these funds to be matched by $50,000 of the City's Revenue Sharing Funds, which has already been allocated for the Miller Park project, seconded by Mr. Chapin. 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. 7.c. The City Manager reported that a communication has been received from Delray Beach Public Library Association requesting permission to solicit funds from February 26th through March 11, 1978, approval of which is recommended by the Solicitations Committee. Mr. Chapin moved that Council approve fund raising for the Delray Beach Library Association from February 26 through March 11, 1978, seconded by Mr. Randolph. Said motion passed unanimously. - 9 - 12/12/77 7.d. The City Manager reported that a communication has been received from the Salvation Army requesting permission to solicit funds from December 17th through December 24, 1977, approval of which is recommended by the Solicitations' Committee. Mayor Scheifley stated that he thinks the Delray Beach Community Chest shares their funds with 30 some agencies and asked if the Salvation Army is one of those. He then asked, if they are, does the Council authorize fund raising campaigns in addition to the Community Chest which is approved as a separate project? The City Attorney stated that anyone who meets the criteria in the ordinance is entitled to a solicitation permit - there is nothing in the ordinance that would exclude them, if they receive funding from an agency. Attorney Otto stated that the Community Chest fund agencies with operating expenses and a member agency is not permitted to do a solicitation for operating expenses if they are a member of the Community Chest; however, if they wanted to do a capital fund drive then they may. The distinguishing factor is either operating funds vs capital facilities. If this drive is for operating funds, then the Community Chest would advise them that they may be dropped from the agency. Mr. Chapin moved that the Salvation Army be authorized to.solicit funds for toys for children and food for needy families on Christmas Day from December 17th through December 24, 1977, seconded by Mr. Sanson. Said motion passed unanimously. 8.a. The City Manager reported that the following bids have been received to award a contract to install a 12-foot wide. asphalt addition to Reigle Avenue: BIDDER QUOTATION Carr Soil & Sod-Driveways $4,960.00 Delray Beach Hardrives, Inc. 7,950.00 Delray Beach It is recommended that the award be-made to the low bidder, Carr Soil & Sod-Driveways in the amount of $4,960.00 by passage of Resolution No. 66-77. The City Manager presented Resolution No. 66-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO INSTALL AN ASPHALT ADDITION TO REIGLE AVENUE, CITY OF DELRAY .BEACH, APPROXIMATELY 600 LINEAL FEET OF ROADWAY (12 FEET WIDE) IN ACCOR- DANCE WITH THE CITY OF DELRAY BEACH SPECIFICATIONS. (Copy of Resolution No. 66-77 is on file in the official Resolution Book.) Mr. Weekes moved that Council accept the low bid by Carr .Soil & Sod-Driveways in the amount of $4,960.00 to pave a 12-foot wide asphalt addition to Reigle Avenue, 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. - 10 - 12/12/77 157 Mr. Weekes corrected his motion to adopt Resolution No. 66-77, 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. Mr. Sanson asked the City Manager if he could give Council a quick report in writing, at a future date, as to how much money is left in the Street Improvement Fund. This was acknowledged by the City Manager. 8.b. The City Manager reported that Resolution No. 67-77, relative to endorsing the Performing Arts Center, is before Council for passage consideration. This was discussed at the December 5th workshop meeting. The City Manager presented Resolution No. 67-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE PROPOSED COMMUNITY PERFORMING ARTS CENTER AT PALM BEACH JUNIOR COLLEGE. Mayor Scheifley stated he called Mr. Norton Cotterill ans asked if he would appear at this meeting tonight but he is quite ill and unable to make it. Mr. Weekes suggested that this item be deferred until a later date. This was agreeable with Council. 8.c. The City Manager reported that Ordinance No. 38-77, repealing Chapter 23A "Subdivisions" of the Code of Ordinances and substituting a new Chapter 23A S Dalvisions is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 28th 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. 38-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 23A "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 23A ENTITLED "SUBDIVISIONS" REGULATING THE SUBDIVISION AND PLATTING OF PROPERTY IN THE cITY oF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-77 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. The City Attorney stated that corrected pages were given Council which, basically, restates what was done at the last Council meeting. This is the change in wording in "D" on page 21 and he requests that the motion be adopted with that change. He stated that this ordinance does not include the vesting of final preliminary plat approval in the Planning & Zoning Board, that will be added later. - 11 - 12/12/77 Mr. Sanson moved to pass Ordinance No. 38-77 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.d. Ordinance No. 72-77, if passed, will amend Ordinance No. 61-77 which amended Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments. This ordinance is before Council for passage consideration on Second and FINAL Reading. It was passed on First Reading at the November 28th 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. 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 PRD-7 (R), 29-8.3 PRD-10 (R) SPECIAL REGULATIONS 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. A public hearing was held having been legally advertised in com- pliance 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 the passage of Ordinance No. 72-77 on Second and FINAL Reading, seconded by Mr. Randolph. Before roll call Mr. Carey stated, upon question by Mr. Sanson, that he finds this ordinance a bit ambiguous; the part which says "except attached garages, whether attached or unattached" loses i him completely and he does not understand what is being said. Mr. Chapin moved that Council table this item, pending further clarification between the City Attorney and the Planning & Zoning Board's language in this particular ordinance, 72-77, 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. 8.e. 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 Second and FINAL Reading. This ordinance was passed on First Reading at the November 28th meeting. Prior to considera- tion 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. 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. (Copy of Ordinance No. 73-77 is on file in the official Ordinance Book.) - 12 - 12/12/77 159 The City Manager read the caption of the ordinance. A public hearing was held, having been legally advertised in com- pliance 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 passage of Ordinance No. 73-77 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.f. The City Manager reported that Ordinance No. 74-77 is before Council for passage consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 13A "Employer-Employee Relations" of the Code of Ordinances relative to changing local PERC to conform with State PERC. This ordinance was passed on First Reading at the November 28th meeting. Prior to consideration 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. 74-77: An Amendment to and Replacement for Ordinance 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 CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDI- NANCE; PROVIDING RIGHT TO MUNICIPAL 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 ORGANI- ZATION OR ORGANIZATION, BARGAINING AGENT, PROFESSIONAL EMPLOYEE, COLLECTIVE BARGAINING, MEMBERSHIP DUES DEDUCTION, CIVIL SERVICE, GOOD FAITH.BARGAINING; PROVIDING A METHOD OF BARGAINING PRO- CEDURE; CREATING AND PROVIDING ADMINIS- TRATION BY THE DELRAY BEACH 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; EXCLUDING RETIREMENT FROM COLLECTIVE BARGAINING; PROVIDING PAYROLL DUES DEDUCTION AND TIME THEREOF; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION 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 PROVIDING FOR AN ANNUAL FINANCIAL REPORT AND FEE FROM EMPLOYEE ORGANIZATIONS; PROVIDING FOR COST OF ELECTIONS; PROVIDING FOR RATIFICATION OF AGREEMENTS; PROVIDING GRIEVANCE PROCEDURES AND ELIMINATING MANDATORY GRIEVANCE PROCESSING; PROVIDING PROCEDURES FOR RESOLUTIONS OF IMPASSE AND ELIMINATING AUTOMATIC IMPASSE PROCEDURES; - 13 - 12/12/77 PROVIDING F~CTORS TO BE CONSIDERED BY SPECIAL MASTER kND CLARIFYING SPECIAL MASTER PROCEDURES; PROVIDING FOR COMPEN- SATION AND EXPENSES OF MEDIATOR AND SPECIAL MASTER; PROVIDING FOR NOTICE AND AVAILABILITY OF RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCE- DURES TO RESOLVE UNLAWFUL ACTIONS AND PRACTICES AND CHANGING APPEAL PROCEDURES FOR UNFAIR LABOR PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVIDING INJUNC- TIVE 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. (Copy of Ordinance No. 74-77 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 passage of Ordinance No. 74-77 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.g. The City Manager reported that Ordinance No. 76-77, amending Chapter 18 "Peddlers and Solicitors" prohibiting peddlers, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 28th 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. 76-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY PROHIBITING PEDDLERS AS DEFINED IN SECTION 18-1(b) FROM OPERATING IN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mrs. William Matthews, 1024 White Drive, stated she does not have any personal feelings on this except that she has read in the paper several different stories that there are a lot of problems with this ordinance; example - it does not allow Girl Scouts to sell cookies and there are other examples cited. She wonders whether it might be a good example to get it straight before passing it. The City Attorney stated that the ordinance, as it is written, specifically prohibits someone who will be carrying around - 14 - 12/12/77 161 their goods for sale from doing that and, if there is a company you don't want to prohibit, then the ordinance should be amended. It is possible that it can be amended on the grounds that that particular kind of solicitation, or sale, would be a charitable sale because the proceeds are used for charitable purposes. That could be handled through an amendment to the charitabl~ solicitation ordinance and have that kind of thing reviewed by that committee. In answer to Mr. Carey's question regarding the Avon ladies, the City Attorney stated that there is a definition in the Code of a peddler and solicitor which generally hinges on whether or not they are carrying the material with them or whether or not they are simply taking orders and then delivering it later. He stated that the ordinance is prepared on the definition itself, as already exists in the ordinance, and permitting the type of which is the carrying around of goods. Mr. Chapin stated that in a residential community, hawking of wares, fresh vegetables, watermelons, used furniture or whatever it may be is not the kind of a thing you would like to have in a residential neighborhood. The problem he has with this ordinance is that the Girl Scouts could not sell cookies, or calendars; the Little League could not solicit funds for bats, balls and uniforms; the Kiwanis could not conduct a light bulb sale for the charities in this community; Atlantic High School and the band, the Booster Clubs, the other public schools in the County would be prohibited from soliciting for those types of activities; all the churches in the community would have problems with this. He would like to see the ordinance refined and not put these organizations and clubs out of business; there is a problem that should be addressed but in so doing you should respect the rights of others. Mr. Chapin moved to table this item and to instruct the City Attorney to investigate further a clearer definition so that there will be an enforceable ordinance that does not override some of the legitimat~rights of decent, well-meaning organizations in the City of Delray. The motion died for lack of a second. Mr. Randolph stated that he can appreciate some of the comments brought up about this particular ordinance. He has dis- cussed this, at length, with people who have called him about the provisions of the ordinance and about the prohibition on the people Mr. Chapin mentioned. These are all good organizations, well intended; however, everybody is not in that same vein - example, there has been almost a complete grocery store set up on the corner of S.W. 8th Avenue and Atlantic Avenue. It is in competition with the surrounding businesses and they do not appreciate this parti- cular type of thing and it should be stopped as soon as possible. He stated he could go along with the suggestion made by Mr. Chapin but he would not want to have this ordinance lag on for three, four or five months and still be in the same situation as in the past. If it is postponed, the City Attorney or whoever is going to work on it should act quickly and return it to Council as soon as possible. Charlotte Durante, 326 Washington Avenue, stated that she thinks Mr. Chapin has a good handle on what they are trying to do; they never intended to rule out any charitable solicitations because a lot of clubs and organizations in that area are involved in charitable solicitations. The intent was to put a handle on a lot of the obnoxious kind of selling where people do come into the neighborhood on weekends. She stated she suspects~they do not have a permit because they are also there on Sundays which is prohibited. The City Attorney stated he sees this as a zoning problem and it is a question of what commercial uses, if any, whether for charitable or noncharitable, is going to be allowed in residential zoning districts. The way the Zoning Code is set up now, the only thing that is allowed is home occupations which does not allow for the sale of items of merchandise. If the whole matter is going to - 15 - 12/12/77 be restudied, it should be in conjunction with the Planning & Zoning Board and with the view to eliminating the whole chapter in the Zoning Code which deals with peddlers and solicitors; that ordinance comes from an era that no longer has any application. Mr. Chapin moved that this ordinance be tabled and direct the City Attorney and the Planning & Zoning Board, without undue delay, to restudy this entire question as a zoning matter and he would like the thrust of theCity Attorney's approach (a) as treating it as a zoning matter and (b) the only limitations to commercial activity that would be permitted in any residential family district, would be of a charitable solicitation nature (this would probably eliminate the whole question of peddlers and Council should take this opportunity to move forward and bring the ordinances up- to-date; in tabling this motion he would like to echo Mr. Randolph's comments and not see this drag on too long; he would hope that January or towards the end of January is not too late for the - Planning & Zoning Board to make its recommendations along with the City Attorney), 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. (The public hearing was not closed.) 8.h. 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. This ordinance sets forth the basic Board of Adjustment fee in that it would increase it ifrom $50 to $125 as previously agreed by Council after discussion at several meetings. It does not include the two additional smaller and lesser use fees that would ordinarily be a part of this ordinance. The reason being that the City Attorney's office, in studying this, raised the question as tO whether or not such study should be given to fee schedules on other items; this will be scheduled for an early work- shop meeting. The City Manager presented Ordinance No. 62-77: 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 29-29 TO INCREASE THE BOARD OF ADJUSTMENT FEES; 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. 62-77 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. 77-77, concerning the opening, grading and paving of Sterling Avenue extending from Southridge Road to S. W. 4th Avenue, is before Council for passage consideration on First Reading, following the holding of a public hearing on the assessment roll. Council, at the November 28th meeting, authorized the public hearing and preparation of the ordinance. - 16 - 12/12/77 163 The City Manager presented Ordinance No. 77-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING, AND PAVING THAT PORTION OF STERLING AVENUE EXTENDING FROM SOUTH- RIDGE ROAD TO S.W. 4th AVENUE. The City Manager read the caption of the ordinance. A public hearing was held on the assessment roll, 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 passage of Ordinance No. 77-77 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. 8.j. The City Manager reported that Ordinance No. 78-77, concerning the opening, grading and paving of S.W. 2nd Terrace between S.W. 8th Avenue and S. W. 7th Avenue; S. W. 2nd Court between S. W. 8th Avenue and S.W. 7th Avenue; and S. W. 7th Avenue between S.W. 2nd Street and S.W. 3rd Street, is before Council for passage consideration on First Reading, following the holding of a public hearing on the assessment roll. Council authorized the public hearing and preparation of the ordinance at the November 28th meeting. The City Manager presented Ordinance No. 78-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF S.W. 2ND TERRACE BETWEEN S.W. 8TH AVENUE AND S.W. 7TH AVENUE; S.W. 2ND COURT BETWEEN S.W. 8TH AVENUE AND S.W. 7TH AVENUE; AND S.W. 7TH AVENUE BETWEEN S.W. 2ND STREET AND S.W. 3RD STREET. The City Manager read the caption of the ordinance. A public hearing was held on the assessment roll, !having been legally ad- vertised in compliance with the laws' of"the State of Florida and the Char- ter of the City of Delray. Beach, Florida. The public hearing was closed. Mr. Weekes moved for the adoption of Ordinance No. 78-77 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. 8.k. The City Manager reported that Ordinance No. 81-77, relative to annexing a 21,545-square foot parcel of land located in Section 20-46-43 on the north side of Linton Boulevard between S.W. 8th Avenue and S.W. 4th Avenue subject to R-1AA (Single Family Dwelling) District is before Council for passage consideration on First Reading. Council, by passage of Resolution No. 54-77, requested the Board of County Commissioners for permission to rezone the land to be annexed from County zoning classification RM (Multiple) to the City'z zoning classification R-1AA (Single Family Dwelling) District. Permission from the Board of County Commissioners to rezone the subject property to City zoning classification having been received, Council may consider passing the ordinance on First Reading. - 17 - 12/12/77 The City Manager presented Ordinance No. 81-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption of Ordinance No. 81-77 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. Before roll call Mr. Sanson stated that he thinks the City is going to be missing a big opportunity if they.don't try every way possible to insure that the City can annex the large residential, single family home development that is now being built directly behind this property and the fire station. He stated he brought this up sometime ago when the City executed a water and sewer agree- ment to that development; the point being that the road directly behind this property is supposedly a City road. The City Attorney did some research and gave Council a brief memo stating that, in his opinion, just because the properties are contiguous to that road they cannot be annexed in. Mr. Sanson stated he is not so sure now that in some way some of this property does not abut up next to the Fire Station or next to the Kipp property. Mr. Chapin stated that iCouncil had a discussion on this, at the request of Mr. Sanson, and the City Attorney did prepare the memorandum saying that, based upon the Attorney General opinion, Council could not do it under the existing law. The reaction was, of the four other members of Council, the law does not permit it and they would have to adhere to the law until such time there is a contiguous parcel other than a City-street. Mr. Sanson asked how do you justify all the annexations the City has had in the Lake Ida area based on contiguous to City streets? The City Attorney stated he thinks the answer is that those prior annexations were probably not valid, but in this parti- cular problem, he checked not only with the Attorney General's office but he had the Planning Department prepare a map and send it to the Florida League Council to discuss with them and they, also, stated they felt it would be illegal to annex that property. The City Attorney added the most conservative approach that could be taken, that would put the City in the most solid legal position, would be not to annex this property and not to annex any other property that is contiguous by virtue of being next to property that was annexed based only on a street. The reason he did not take that posture because it would, in effect, preclude al- most every annexation in the City. Mr. Sanson stated he would like to think that he is doing whatever is necessary to annex the large tract of land in the southwest corner. The City Attorney noted that, if Mr. Sanson is speaking of Ridgewood, he spoke with their Attorney and was informed that they might not even go forward with the project because of the water problem, and will contact the City Attorney within the next couple - 18 - 12/12/77 165 of days to inform him of their intentions. 8.1. The City Manager reported that Ordinance No. 82-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to establishing additional platting requirements for multiple family lots, is before Council for passage consideration on First Reading. This was discussed at the December 5th workshop meeting. The City Manager stated that the City Attorney has re- quested that this item be skipped for this meeting. 9. Reports: None. 10. Bills for approval: None. 11. Mr. Weekes stated he would like to publicly thank M~'.' Bernenko ~for his very nice letter that was printed in the Delray Beach News Journal. He thought it was very thoughtful and a fair assessment of the Council and he appreciated it very much. Mr. Chapin moved, at 9:15 P. M., for the adjournment of the meeting, seconded by Mr. Weekes. Said motion passed unanimously. city Clerk APP~VED: ~ ~/ The uhdersigned is the City Clerk of the City of Delray Beach and that'~the· information_.provided herein is the minutes of the meeting of said City Council of December 12, 1977 which minutes were formally approved and adopted by the City Council on (~., ~/ ~?f . ~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. - 19 - 12/12/77