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01-12-76 JANUARY 12, 1976 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, January 12, 1976, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV, present. 1. The Lord's Prayer was recited in unison. 2, The Pledge of Allegiance. to the Flag of the United States of ~erica was given. 3. The minutes of the regular meeting of December 22, 1975 and the ~'ecial meeting of January 5, 1976, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Gent. 4.a.1. Mr. Gent referred to Chapter 29, Zoning Code, Section 29-6.3, which is the Central Business District area under Conditional Uses. He stated the reference in this section to RM-20 should be removed since RM-20 has been abolished in the City. Mr. Gent moved that the City Attorney be directed to prepare an ordinance amending Section 29-6.3, paragraph C, Item 6, tO delete the RM-20 zoning district and replace it with RM-15 zoning district, seconded by Mrs. Krivos. The motion passed unanimously. 4.a.2.. Mrs. Krivos questioned Item 7.a. of the agenda which refers to Resolution No. 2-75 of the South Central Regional Wastewater Treat- ment and Disposal Board. She stated a copy of Resolution No. 3-75 of this Board is attached to the agenda, but is not on the agenda. She asked if Resolution No. 2-76 of the Board would be considered. The City Manager replied he would introduce Resolution Nos. 2-76 and 3-75 under Item 6.a. on the agenda. 4.a.3. Mrs. Krivos asked the City Attorney the status of the sale of the land to Boynton Beach for the Wastewater Treatment Plant. The City Attorney replied he had not received the proposed contract from the City Attorney of Boyntqn Beach. At the request of Mrs. Krivos, the City Attorney stated he would check the status to attempt to expedite the matter. Mayor Scheifley pointed out the City is losing approximately $60 per day on interest'because the contract.has not been completed. 4.a.4. Mrs. Krivos asked the City Attorney what the status was on the Clemens' case. The City Attorney stated the attorney for Mr. Clemens would appear at the workshop next Monday evening to present his sug- gestion for settlement in this case. 4.a.5. Mrs. Krivos asked Council and the City Manager about the two abandoned buildings owned by Mr. Shapiro in Tropic Palms. She stated they are in'very bad shape and she understood the developer has declared bankruptcy. The City Manager stated he would check into the matter. 4.a.6. Mrs. Krivos asked about the status of S.W. 4th Avenue from 10th Street to Linton Boulevard. The City Manager stated the City has been unable to obtain County approval to pave this road due to the lack' of money in the County. He further stated the outlook for achieving this work in the near 'future is not good at the present time. 4.a.7. Mrs. Krivos asked if the record of Mr. Richard Zolnay would be ~istributed to Council. The City Manager stated he had the report and would provide Council with copies. 4.a.8. Mr. Sanson referred to the memorandum of January 7, 1976 from Chief Cochran to the City Manager relative to the problem the Police Department is having interpreting the ordinance restricting parking on A-1-A. He stated he had understood the intent of the ordinance is to restrict the weight of the vehicles to such a degree that there would not be a vehicle large enough to take up more than one parking space, i.e., campers, etc. He requested that Council pass a motion to amend 9 the ordinance reducing the weight limit to 6,000 pounds or schedule the matter for a workshop discussion. Mr. Sanson stated he has counted on one day 13 vehicles that were taking up more than one parking space. The recommended reduction in weight is ~t the request of Chief Cochran. The City Attorney stated the 8,000 pound weight limit was used in the ordinance since this is the authorization received by the City from the Department of Transportation. He further stated that the resolution requested that vehicles that take up more than one parking space be prohibited; the Department of Transportation did not include that phrase, but had stated the 8,000 pound weight limitation would take care of limiting one parking space per vehicle. Council requested that the City Attorney contact the Department of Transportation to request that a weight limitation of 6,000 pounds be placed in the ordinance instead of 8,000 pounds. The City Attorney will also request that the limitation of one parking space be included. Mr. Sanson also stated that more parking signs are needed in the area. 4.a.9. Mr. Sanson stated in September or October, he had asked Council to consider the formation of a Financial Advisory Board. At the time .it was discussed at workshop, Mayor Scheifley was out of town and two members of Council had indicated they would prefer to wait until less pressing matters were before Council to discuss the matter. Mr. Sanson redistributed a rough draft of his proposed ordinance and asked that the item be rescheduled for a workshop. Mrs. Krivos stated she wholeheartedly supported the formation of such a Board due to the depressed millage, etc.. It was suggested that the workshop be scheduled for the first Monday of February to discuss this matter. 4.a.10. Mayor Scheifley introduced Mr. Larry Birchmeyer, the new Housing Director for Delray Beach. 4.a.ll. Mayor Scheifley stated he had spent the entire day in Federal Court in West Palm Beach concerning the Hughes' case. He stated the City and three policemen are defendants in the case. The Court selected the jury'today and Judge Fulton will begin the formal trial either Wednesday afternoon or Thursday morning. The City will be notified. Mrs. Krivos has offered to represent the City at the defense table along with Mayor $cheifley. .5.a. Mrs. Kay Larche, 5190 Garfield Road, Delray Beach, Florida, representing the League of Women Voters.of South Palm Beach County, read a statement to Council concerning the fact that 49% of the City is zoned for multi-family development. The statement strongly urged that the desires of the City's citizens to keep a low density in multi-family zoning be carried out and urged that the coming update of the Land Use Plan maintain the single family character of Delray Beach. Mrs. Larche stated this request had been made at the Planning and Zoning Board last month. Mr. Sanson asked Mr. Tore Wallin if there are any plans from the.Planning and Zoning Board as to a definite date to consider this issue. Mr. Wallin replied it is a continuing question and as soon as the Planning and Zoning Board receives the. proposed Land Use Plan, the Board~will seriously study it. 5.b. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach, spoke concerning the Police Department. He prefaced his remarks by saying he felt Chief Cochran was a professional; he s~id he had discussed his complaint with the City Manager. He felt the Department was as far back todaY as it was 20 years ago with the same situations existing. He referred to the suits before the City filed by policemen who have been dismissed. 'He feels the probationary period i~ too long and the dis- missals are generally based on trumped-up .charges. He said several me~ in charge in the Department are responsible for the trouble in the .Police Department. 6.a. The City Manager reported Resolution No. 2-76 passed on January '8, 1976, by the South Central 5~gional Wastewater Treatment and Disposal Board, should be acted upon by Council at this meeting. The resolution designates the Board as the lead agency for the 201 Facilities Program. Mrs. Krivos moved for the ratification of Resolution No. 2-76 of the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. --2-- 1-12-76. 6.a.2. The City Manager reported Resolution No. 3-75 of the South Central Regional Wastewater Treatment and Disposal Board should also be ratified by Council at this meeting. The resolution authorizes the Chief Executive Officer of that Board to file applications, papers and to represent the Board before the proper agencies. Mrs. Krivos moved for the ratification of Resolution No. 3-75 of the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, seconded by Mr. Gent. Upon roll call~ Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph ~ Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 6.a.3. City Manager Mariott reported Mr. Gent, at the workshop meet- ing on January 5, 1976, requested that a written report dealing with the termination of Mr. Richard Zolnay As a probationary patrolman be presented to Council at this meeting and that it be scheduled for a workshop meeting for next Monday night, which meeting Mr. Zolnay would be invited to attend. City Manager Mariott reported the City Attorney had advised that Mr. Zolnay be requested to sign a release which Mr. Zolnay has done. The City Manager presented Council and the City Attor- ney a copy of the report. Mrs. Krivos asked the City Manager if this report includes his record from the Police Department Personnel Files. The City Manager replied it includes everything that the Police officials felt surrounded the reasons for his termination. He further stated if there were other documents Council would like to see that were available, he would attempt to provide them. Mr. Gent reminded Council Mr. Zolnay is the person who asked for the h~aring. Mr. Sanson stated the report should be available to the press. The City Attorney agreed. 6.b. The City Manager reported bids were recently received for the ~o~struction of the second unit of the municipal cemetery, funds for which have been provided in the Federal Revenue Sharing Funds. The first phase has been completed. The bids are as follows: / Bidder i Bid Finton Construction Company, Inc. $54,717.95 Boynton Beach Hardrives of Delray 56,885.00 Delray Beach Campbell Construction Company 70,058.00 Delray Beach Big Four Construction Company 72,800.00 West Palm Beach Webb General Contractor 91,868.88 Pompano Beach The City Manager recommended the award be made to the low bidder, Finton Construction Company, Inc., in the amount of $54,717.95, funds to be allocated from the Federal Revenue Sharing Funds? Mr. Sanson so moved, seconded by Mr. Gent, said motion passing unanimously. 6.c. The City Manager reported bids have been received to sell the City three 3/4 ton pick-up trucks to be used by the Sanitation Division. of the Public Works Department: Bidder Gross T~ade-In Net Adams Chevrolet $12,063.00 $1,700.00 $10,363.00 Delray Beach · Hauser Dodge 12,671.34 2,100.00 10,571.34 Delray Beach The City Manager recommended that the award be made to the low bidder, Adams Chevrolet, in the amount of $10,363.00; funds are provided in this year's budget for this purpose, lacking $363, which money can be --3-- 1-12-76. made up from various line item accounts in the Public Works Department Budget. Mr. Randolph moved for the award of the bid to Adams Chevrolet, in ~the amount of $10,363.00, with funds to come 'from the current operating budget, seconded by Mrs. Krivos. The motion passed unanimously. 6.d. City Manager Mariott reported the City recently received quotations for the purchase of two categories of fire hose, one 2% inch and the other 1% inch, as follows: 2,000 feet 1,000 feet Bidder 2%" fire hose 1%" fire hose Biscayne Fire Eqpt. Co. $3,380.00 $1,170.00 Miami W. Q. Dowling 4,312.00 1,440.60 Keystone Heights Bi-Lateral Fire Hose Co. 5,096.00 1,940.40 Ft. Lauderdale Gator Fire & Safety Co. 5,308.00 2,020.00 Cocoa Beach The City Manager recommended that the award be made to the Bi-Lateral Fire Hose Company since the Biscayne Fire Equipment Company hose and the W. Q. Dowling hose do not meet the City specifications. The hose from the Bi-Lateral Fire Hose Company meets all City specifica- tions, which is the lowest bid meeting such specifications. The funds. are provided for in the Fire Department Budget for this fiscal year with a shortage of $336.40 which Would be made up from other Fire Department line item accounts. Mr. Sanson moved to award the purchase to the Bi- Lateral Fire Hose Company of Ft. Lauderdale in the amount of $7,036.40 with funds to come from budgeted funds from the Fire Department, seconded by Mr. Gent, said motion passing unanimously. 6.e. The City Manager recommended that Council authorize the dis- posal of. up to 18 hand guns presently owned by and located in the Police Department. These guns are in fair to poor condition. They would be replaced by ten No. 64 hand guns. Mrs. Krivos asked to whom the weapons would be sold. Chief Cochran.replied Rods and Guns would purchase the guns for $70 each, with the City paying $105 each for the new guns. 'Mr. Gent'moved that Council authorize the Police Department to dispose of the hand guns as requested to be replaced with ten No. 64 hand guns, seconded by Mr. Randolph, said motion passing unanimously. 6.f. The City Manager reported Rescue Unit No. 8 used by the Fire Department was put out of Service due to its condition in December, 1975. The vehicle is a 1961 Chevrolet Corvair, Greenbrier, and the City Manager recommended that Council authorize advertising it for sale. Mr. Randolph so moved, seconded by Mr. Gent, said motion passing unanimously. 6.g. The City Manager recommended that Council approve the submis- sion of an application for Federal Grant Funds in the amount of $1,053,68~ to be used as part of the estimated total construction cost of $1,404,911 for Wastewater Treatment Facilities, as discussed at the January 5th work- shop meeting. The City's share of the cost of this project is to come. from the $5 million Water and Sewer Revenue Bond Issue. The City Manager reported this is a resubmission of an application that was submitted by the-City some time ago; the resubmission is due to more stringent con- ditions set forth by the agencies involved. Mr. Gent moved that Council authorize the submission of an application'for Federal Grant Funds in the amount of $1~053,683, seconded by Mr. Randolph. Mr. Sanson asked the City Manager if this submission could be complicated by the "201" Program problems that are occurring; could they refuse to consider the applica- tion until the 201 Program is under way. The City Manager stated this is very possible'. After discussion, Council voted unanimously to pass the motion. -4- 1-12-76. 6.h. City Manager Mariott recommended that Council pass a motion authorizing the City Administration to operate the City Docks located on Marine Way at S.E. 1st Street in lieu of attempting to secure a new lessee to perform this service and that a companion motion be passed establishing a separate enterprise fund to be entitled "City Owned Docks" with all dock revenues to be paid into this fund and all dock expenses to be paid by this fund. Any balance in excess of $1,000 at .the end of each fiscal year will be transferred to the General Fund Revenue. This matter has been discussed at length by Council. It is estimated that the City will be able to realize at least $5,000 net revenue more per year by operating the docks. The City Manager stated all monies in excess of $1,000 annually would be transferred out of this fund to the General Fund to help balance the General Fund. Mr. Randolph- moved that the City Administration be authorized to operate the City Docks located at Marineway and S.E. 1st Street, seconded by Mr. Gent. The motion passed unanimously. Mr. Sanson moved to request the City Manager to set up a separate enterprise fund entitled "City Owned Docks" with all dock revenues to be paid into this fund and all dock expenses to be paid by the Fund, with any balance in excess of $1,000 at the end of each fiscal year to be transferred to the General Fund Revenue, seconded by Mr. Randolph, said motion passing unanimously. Mr. Sanson asked that the City Attorney present a status report at the next Council meeting on the Marineway Seawall which has'been pending approximately one year. 6.i. The City Manager reported the City's Consulting Engineers, RUssell & Axon, have requested that the City seek an extension of 30 days for acceptance of the grant offer in the amount of $7,784,450 recently proffered by the EPA for the construction of the Sewage Treat- ment Plant for the reasons outlined in Mr. George Russell's January 7, 1976 letter to EPA and a draft copy of the City Manager's proposed letter to EPA. The deadline for acceptance of the grant offer, without an extension of time, is three weeks from December 31, 1975. Boynton Beach has already requested an extension of 30 days in this matter. The extension is being requested to allow Russell & Axon time to have additional conversations and explorations concerning the disposal of sludge. Mrs. Krivos moved that Council grant the request that the City seek a 3'0 day extension for the acceptance of this grant offer from the EPA in the amount of $7,784,450, seconded by Mr. Gent. The motion passed unanimously. 6.j.~ The City Manager reCommended that Council consider awarding a contract for work in ~onnection with the development of the S.W. 4th Avenue Recreation Complex. The City Manager gave a tabulation of bids recently opened by the City to Council and the City Attorney. The bids are for extensive work that would entirely construct one regulation ball field, would provide for electrical work, irrigation, security fencing, control building with restrooms, snack bar and press box. There were four bids received. The 'specifications were presented in such a manner that two bids were solicited, one being a base bid and the other an alternate bid. The alternate proposal provides for better installation having to do with type of piping, sod, and'installation of protective glass for the press box. Bids - Phase I .~,~ Amount Bidder Base Alte'rna~e~ Hardrives of Delray, Inc. $316,646.21 $337,212.61'* S. A. Wiesberg, Inc. 360,617.11 375,789.13 Stinson Construction 363,709.29 382,835.09 Campbell Construction 425,172,00 432,675.56 * Piping; Sod; Protective glass for press box. ** Recommended. -5- 1-12-76. ~v~- ~Th~ City Manager. reported ev~n~the -iow bid ~om'esa~to a much ~igher ~igure than the.CitY, has' in-cash;.~ther~fo~e~,~-i~.wo~td not be -~rudent to-award a contract without conditions-attached~ince the cash for this purpose is not available. He stated the City has been informed i~y~ the Bicentennial Committee that-Delray Beach i~:'tO receive $250,000 ~rom that source for this prOjeCt..-An'-application has been filed for ~h~ firSt, draw, $150,00'0-; against--thi~ grant and this is expected to be forthcoming very shortly in cash. The City Manager stated it appears the $250,000 will be forthcoming which~, tOgether with them°ney the City has on hand for this purpose, would be__s~ffic~.ent_to co~er the entire contract. He recommended that Council, in order to safeguard the securing, of this contract at what is conSidered to be a very favorable bid, and in order to begin the project with all of the elements that the City would have the money to cover, award the bid to the low bidder, - Hardrives of Delray, Inc. The City Manager stated there are 9.elements that make up the entire project with a low bid amount of $337,212.61, which is the alternate bid. The provisions to be stipulated with the award of the bid are as follows: 1 - that the contractor will not begin construction of any element until so notified by the City; 2 - that the City will not give notice to the contractor to proceed on any element for which sufficient cash on hand is not provided; 3 - that the City would have the option of deleting any of the elements within a period of one year from the date of the award of the contract; and 4 - that the project and stipulations be subject to the rules and regulation~ of the Bicentennial Administration. This would enable the City to begin construction of S.W. 4th Avenue. The County Commission, at a recent meeting, acting upon the recommendation of the County Engineer, officially acted to contribute $10,000 to the City of Delray Beach toward the con- struction cost of S.W. 4th Avenue. The cost for this project is a little more than $32,000; it is approximately 1,000 feet beginning at Linton Boulevard and extending southward to near the southwest corner of the park site that is under the ownership of the City. It is hoped that the one ball field will be ready for use by next season. The City Manager -stated the City Attorney would assist in the modifications as outlined above in,he contract. The City Attorney stated the contract would in- clude a specific limitation of where the funds are coming from and that the City will not be obligated except to the extent that the money is actually received from that source. Mayor Scheifley stated he would entertain a motion to award the contract to Hardrives of Delray, Inc. in the 'amount of $337,212.61 with all of the conditions attached and placed in the official minutes of the meeting. M~. Gent so moved, seconded by Mr.. Randolph. Mr. Sanson asked the City Manager to repeat exactly what would be built in this project. The City Manager replied a regula- tion ball f. ield on the northwest corner of the site; this will include the construction of an access road plus on-site roadway construction, sodding, basework, grading, fill, construction of a control building containing restrooms, locker rooms, snack stand and press box, fencing and all the electrical and plumbing work. The lights will be provided out of other funds. Phase II development will occur at a later date ' since funding is not available for this. Phase II includes two more ball .fields. The motion passed unanimously. 7.a. The City Manager reported a resolution has. been received from the South Central Regional Wastewater Treatment and Disposal Board authorizing and directing the Chief Executive Officer of the Board to make expenditures to conduct the business of the Board. He recommended Council ratify the resolution by motion. Mrs. Krivos moved for the ratification of Resolution No. 2-75 of the Southcentral Regional Waste- water Treatment and Disposal Board of Palm Beach County, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Kr~vos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 7.b. City Manager Mariott stated Council discussed at the January 5th workshop meeting the funding of the Delray Beach Housing Authority. At a recent meeting, Council allocated $3,000 to the Authority for operating expenses for the balance of this fiscal year; included in this amount was a $1,800 line item for rent. Since that time, the Housing Authority has been designated as the operating agent for Stewart Arms and because of this, the Authority will be furnished an office rent-free --6-- 1-12-76. at Stewart Arms. The Authority will need the $1,800 for other operating expenses and equipment and they are requesting permission from Council to use the $3,000 as the Authority sees fit. Mr. Randolph moved to authorize the Housing Authority to utilize the $3,000 as needed, seconded by Mr. Sanson, said motion passing unanimously. 7.c. The City Manager reported Council has discussed at workshop authorizing by motion the expenditure.of funds for the purchase'of plaques for the players, coaches and members of the Atlantic High School Football Team and a large plaque for Atlantic High School in commemora- tion of the outstanding performance by the Atlantic High School Football Team during the past season. The estimated cost of the plaques is on the order of $500 - $600. Mr. Gent moved that Council authorize the purchase of these plaques, seconded by.Mrs. Krivos,. said motion passing unanimously. Mr. Gent asked if this item went to bid; the City Manager replied there would be informal quotations and the matter of obtaining the type of plaque required would be considered. 7.d. The City Manager introduced Mr. Ansell Jeffries, Jr., Director, Community Development, Palm Beach County, to discuss the County-proposed amendment to the Inter-Local Agreement between the County and the City of Delray Beach. Mr. Jeffries stated last year the City came to the aid of Palm Beach County in qualifying for Community Development Funds under the Act of 1974; the Act states the County would be eligible for Community Development Funds if the County qualified as an urban county. To qualify as an urban county, a population Df 200,000 is required. Various mUnicipalities in the County formed the required 200,000 population. The original Inter-Local Agreement stated the City would be in the urban county for one year and the agreement would have to be renewed each year. The County must have the Inter-Local Agreements for the second year in Jacksonville's HUD Office by the 1st of February. The County,'therefore, is asking the City to extend the Inter-Local Agreement for the second year. The first year was for 12 months; the second year will be for 15 months due to the difference in fiscal years between the County and the Federal Government. The City Attorney suggested that Council move the City be authorized to execute the amendment to the Inter-Local Agreement as indicated on the Council item agenda 7.d. Mr. Randolph moved for the extension of the Inter-Local Agreement from 12 to 27 months between the City of Delray Beach and Palm Beach County concerning the Community Development Act, seconded by Mr. Gent. Council. requested some indication from Mr. Jeffries as to the involvement of Delray Beach prior to taking a vote. Mr. Jeffries stated Palm Beach County received approval for $1,068,000 to be used in the urban county, which consists of the unincorporated areas and 19 municipalities. 'He explained the various administrative processes involved. Priority One for Delray Beach is Teen Town which has been estimated to cost approximately $500,000. He stated in the capital improvement budget, only $280,000 can be distribu- ted among the 19 municipalities, and the unincorporated areas. He reported the first item in Delray Beach'will be to have the architectural plans, etc. completed for Teen Town. He estimated the building of Teen Town will begin about July of 1976. Mr. Jeffries stated he could not commit any money at this time, however. He explained the breakdown of the money received in the grant. After discussion, Council voted unanimously to extend the Inter-Local Agreement between the City and the County. 8.a. The City Manager presented Resolution N°. 1-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE .ATLANTIC HIGH SCHOOL FOOTBALL TEAM KNOWN AS THE "EAGLES" FOR ITS CONTRIBUTION TO THE COMMUNITY. (Copy of Resolution No. 1-76 is attached to the official copy of these minutes.) Mr. Randolph moved for the adoption of Resolution No. 1-76, seconded by Mr. Gent. Upon roll call, COuncil Voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph -'Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion pasSed with a V0te of 5 to 0. Mayor Scheifley presented the Resolution to Coach Carney Wilder. --7-- 1-12-76. 8.b. The City Manager presented Resolution No. 2-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE DELRAY ROCKS FOOTBALL TEAMS FOR THEIR CONTRIBUTION TO THE COMMUNITY. (Copy of Resolution No. 2-76'is attached to the official copy of these minutes.) Mr. Sanson moved for the adoption of Resolution No. 2-76, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. Mayor Scheifley presented Coaches Matthew Mitchell and Ernest Galinas with the Resolution. 8.c. The City Manager presented Resolution No. 3-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE URBAN LEAGUE OF PALM BEACH COUNTY; AND FOR OTHER PURPOSES. (Copy of Resolution No. 3-76 is attached to the official copy of th~se minutes.) The City Manager stated Council informally agreed to pass Resolution No. 3-76 at the last workshop meeting. Mr. Gent asked if the Urban League is a lobbyist organization or a charitable organization, or both. .Mr. Sanson stated the charity they would give would be in-kind services. He stated they espouse their causes as equality and fairness for all. The City Attorney stated this is not an application to solicit, but.rather an endorsement.by the City Council of the organization itself. He stated he did not have a copy of their articles of incorporation or bylaws and did not know what their internal policies are. The resolution states they are non-profit and non-partisan. The City Attor- ney said he would assume non-partisan would mean they are neither a lobbying organization nor a political organization. Mr. Gent reported the organization had made it clear in their presentation that the next thing they want is money from the City COuncil of Delray Beach. He stated this is soliciting money and he feels they should provide a financial statement. He stated he was not referring to the organization itself, but was basing his comments on principle. Mayor Scheifley said he felt the goals shown in the resolution are commendable and an endorsement of the organization would not grant them money. Mr. Randolph stated the organization is a national organization and it stands for ideal goals. When the organization comes into a City, it always attempts to help the City. Mr. Randolph said the organization has been in the City for over six months and they. were involved in the formation of the Housing Authority Board. He said he felt it would be a mistake not to pass this resolution welcoming them into the community, as did Mr. Sanson. Mr. Randolph moved for the adoption of Resolution No. 3-76, seconded by Mr. Sanson. Mrs. Krivos stated she knew nothing about the Urban League other than what Mr. Percy Lee, Executive Director of the League, and Mr. Randolph have told the Council. She cited an example of an ill- managed case with a young man who is her neighbor. Mr. Randolph stated this organization basically helps people who are unemployed and he knew. of cases where they have helped persons obtain work. After further discussion among Council and members of the audience, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes~ Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 4 tn 1. 8.d. The City Manager presented Resolution No. 4-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION .OF A CONTRACT TO RESURFACE (A) TEEN TOWN TENNIS COURTS AT 240 NORTH- WEST TENTH AVENUE AND (B) DELRAY BEACH TENNIS COURTS - PRACTICE AREA AT 125 WEST ATLANTIC AVENUE, IN THIS CITY, IN ACCORDANCE WITH CITY SPECIFICATIONS AS INDI- CATED ON THE "REQUEST FOR QUOTATION" FORM. --8-- 1-12-76. (Copy of Resolution No. 4-76 is attached to the official copy of these minutes.) The City Manager reported the following bids have been received to resurface the Teen Town tennis courts and the Delray Beach tennis practice courts: Bidder Bid Carr Soil & Sod - Driveways ~$4,400.00 Delray Beach, Florida William C. Westervelt & Sons 4,681.00 Delray Beach, Florida Hardrives of Delray 5,293.00 Delray Beach, Florida The City Manager recommended that the contract be awarded to the low bidder, Carr Soil & Sod - Driveways, in the amount of $4,400 with fUnds to come from the General Fund. Mr. Randolph moved for the adoption of Resolution No. 4-76, seconded by Mrs. Krivos. Mr. Sanson asked, for informational purposes, which c~urts would be resurfaced. Mr. Elliott, Director of Parks and Recreation Department, replied two courts at Teen Town and the practice court at the recreation center. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes. Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.e. The City Manager presented Resol6tion No. 5-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE STATE OF FLORIDA LEGISLATURE PROTESTING THE ABOLITION OF MUNICIPAL COURTS; REQUESTING THAT THE STATE OF .FLORIDA LEGIS- LATURE TAKE WHATEVER ACTION IS NECESSARY TO ALLOW THE VOTERS OF THE STATE OF FLORIDA TO EXPRESS ONCE AGAIN THEIR SENTIMENTS ON THE CONTINUATION OF MUNICIPAL COURTS. (Copy of Resolution'No. 5-76 is attached to the official copy of these minutes.) City Manager Mariott reported Council discussed at several workshop meetings adopting a resolution opposing abolition of the Municipal Court. Mr. Gent moved for the adoption of Resolution No. 5-76, seconded by Mr. Randolph. Mr. Sanson pointed out this subject was discussed at the last meeting of the Gold Coast League. Dade and Broward Counties are also very concerned about this subject. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - YDs; Mayor Scheifley - Yes. The motion passed with a uote of 5 to 0. 8.f. The City Manager presented Ordinance No. 56-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING' LOTS 9, 18, 19, 22, 32, THE WEST 20 FEET OF LOT 33, LOTS 38, 45, 47, 68, DELRAY BEACH SHORES SUBDIVISION, AND THE SOUTH 100 FEET OF THE NORTH 1670 FEET OF THE EASTERLY 139.14 FEET OF SECTION 28, TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, SAID PARCELS LYING WEST OF STATE ROAD NO. A-l-A, SOUTH OF LEWIS COVE, AND EAST OF THE INTRA- COASTAL WATERWAY; THE PARCELS ARE IN SECTIONS 21-46-43 AND 28-46-43; IN "R-1AA SINGLE FAMILY DWELLING DIS- TRICT'' AND AMENDING "ZONING MAP OF DELRAY E~ACH, FLORIDA, 1972". (Copy of Ordinance No. 56-75 is attached to the official copy of these minutes.) -9- 1-12-76. The City Manager read the caption of the ordinance. A sketch w~ shown depicting the location of the property, to be rezoned. 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. There being no objections, the Public Hearing was closed. Mr. Gent moved for the passage of Ordinance No. 56-75 on second and final reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.g. The City Manager presented Ordinance No.-1-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THAT PORTION OF THE NORTHEAST QUARTER OF LOT 13 OF THE MODEL LAND COMPANY'S SUBDIVISION IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, SAID PROPERTY BEING LOCATED AT THE SOUThWEST'CORNER OF SWINTON AVENUE AND S.W. 10TH STREET, IN R-lA SINGLE FAMILY DWELLING DISTRICT AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". The City Manager reported Council at its December 22nd meeting direCted the City Attorney to prepare this ordinance. The City Manager read the caption of the ordinance. This property is located at the southwest corner of Swinton Avenue and S.W. 10th Street. Mr. J. W. Nowlin, Sr., one of the owners of the property, asked to be given an opportunity to speak at the final reading of this ordinance. Mayor Scheifley told Mr. Nowlin to'appear February 9, 1976, and he would be given an opportunity to speak. Mr. Sanson moved for the passage of Ordinance No. 1-76 on first reading, seconded bv Mr. Gent. Upon roll ~call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; 'Mr..Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifle¥ - Yes. The motion passed with a vote of 4 to 1. 8.h. The City Manager presented Ordinance No. 2-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, .FLORIDA, REPEALING ARTICLE II OF CHAPTER 23 "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; ESTA- BLISHING CONSTRUCTION STANDARDS FOR PUBLIC AND · PRIVATE STREETS, SIDEWALKS, CURBS AND GUTTERS; PROVIDING MINIMUM RIGHT-OF-WAY AND MINIMUM PAVING WIDTHS FOR PUBLIC AND PRIVATE STREETS; REQUIRING ACCESS EASEMENTS TO BE FURNISHED TO THE CITY OVER PRIVATE STREETS; REQUIRING BUILDING PE_RMITS FOR THE CONSTRUCTION OF OR MODIFICATION OF PUBLIC OR PRIVATE STREETS, HIG~qAYS, AVENUES, LANES OR ALLEYS; PROVIDING FOR THE NAMING OF STREETS AND INSTALLATION OF-STREET SIGNS; PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR IMPROVEMENTS ADJACENT TO AND TO BE SERVED BY PUBLIC OR PRIVATE STREETS UNTIL THE STREETS ARE COMPLETED OR, IN LIEU THEREOF, A PERFORMANCE BOND POSTED TO THE CITY OF DELRAY BEACH TO GUARANTEE THE COMPLETION OF CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. City Manager Mariott stated Council authorized the drafting of this ordinance at a previous workshop m~eting. The ordinance is an outgrowth of'the difficulties the City has experienced in the past due to not having stringent enough regulations on the co~trol of private streets. This ordinance establishes right-of-way requirements and construction standards for public and private streets and sidewalks. The City Attorney stated the ordinance also requires the granting to the City of access easements over private streets for the furnishing of police, fire and other city services. He stated it also provides minimum right-of-way requirements, minimum paving requirements and several other items pertaining to this subject. The City Manager read -10- 1-12-76. the caption of the ordinance. The City Attorney reported on page 2 of t~e. ordinance under Street Type, "alleys" should, be included with the minimum right-of-way of 16 feet. In Section 23-6 (b) in line 5, the words ~'additional right-of-way" should read "additional paving". Mrs. Krivos asked if this ordinance would prevent any future reoccurrence of the type of streets that were built in Imperial Villas. The City Attorney replied the requirements would prevent this problem from reoccurring. Mr. Sanson asked if existing streets, such as High Point, would be accepted since they would not meet the requirements of this ordinance. The City Attorney stated the ordinance stating the City will not accept any street that does not meet City standards has been in existence for some time. If High Point wishes to dedicate their streets to the City, they would have to be brought up to standards first. 'Mr. Gent moved for the adoption of Ordinance No. 2-76 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. Mayor Scheifley announced the three-year attempt to have a light installed at High Point entrance culminated in success last Thursday at 10:00 A.M. 9.a. City Manager Mariott reported the Planning and Zoning Board at a meeting held on December 16, 1975, recommended by unanimous vote that-the request for conditional use and site plan approval for a dental office building for Dr. M. Wuebbenhorst in Section 9-46-43, located at the southwest corner of the intersection of N.E. 8th Street and Dixie Boulevard in the RM-10 (Multiple Family Dwelling) District be granted subject to the following City Engineer's recommendations: In addition to allowing room for maintenance of the pump along the right-of-way, the three items listed below shall be completed prior to acceptance of building permits or final approval of the City Eng%neering Department for construction. 1) Use mean sea level elevations for drainage, floor eleva- tions,.streets or what is pertinent to the construction of the building. 2) The ground floor'elevation of the office building shall' be 1.5' higher than'the crown of the highest'street which abuts the site. 3) A registered engineer shall be required to design the three dry wells. His stamp and signature shall be affixed to the drawings. Mrs. Krivos moved that the request for conditional use and site plan for a dental office building for Dr. M. Wuebbenhort be granted subject to the recomraendations of ~he City Engineering Department, seconded by Mr.. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 9.b. City Manager Mariott reported the Community Appearance Board. at a meeting held on January 7, 1976, recommended by unanimous vote that the development plans for the addition at 505 N.E. 5th Avenue, Garden Center, be approved. Mr. Vincent Nocera, applicant, was present at the meeting. Mr. Sanson stated the minutes of the Board reported they would not approve the sign. The City Manager stated it was his understanding that the Community Appearance Board said certain changes would have to be made before approval and those changes were made.. Mr. Nocera stated he had no intention of changing the sign. The City Attorney said Mr. Nocera is not applying for any changes having to do with the sign; the sign is separate, and apart from his application. The sxgn would fall under the non-conforming use provision in the sign ordinance. Mr.~Sanson moved that the Community Appearance Board recommendation concerning the application of Mr. Vincent Nocera for the Garden Center be approved as recommended, seconded by Mr. Randolph. The motion passed unanimously. -11- 1-12-76. ~ayor Scheiftey~-asked the City-Manager--~and-City~Attorney- ~hen~_the voters-approved the change of election dates and~-the~terms of c~rtain persons were extended by three months, if this extension applies ~o~.alt-Boards and Committees that-are normally appointed in January. ~he_~ity. Manager. and City Attorney replied_in the_affirmative~ 10~ -. The City-Manager recommended the Bills for Approval be paid. He called Council's attention to the~bill--from~the firm-of3Alley, Ai~ey and. Blue. ~ On December 18, 1975,~the--bill from~the~Attey firm in the amount of $3,941.97 was not paid. The City Attorney felt there should be a reduction in the amount due to the proration of the retainer fee. Therefore,.the bill was reduced_from $3,941.97. to $3,745.17. This smaller amount appears on the bills to be approved at this meeting. Mr. Sanson questioned the check to be paid to the City-Attorney, stating the bill received by Council was for $1,466.85, not $1,488.85. He asked if this could have been a tyPographical error. The City Manager sta. ted he would check this item. Mr. Randolph moved to pay the bills for approval, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - yes, with' the exception of Check No. 13157 .in the amount of $3,745.17 payable to Alley, Alley and Blue and with the exception of Check No. 13214 in the amount of $5,284.00 payable to Alley, Alley and Blue; Mr. Randolph - Yes; Mr. Sanson - Yes, with the exception of Check Nos. 13157 and 13214 payable to Alley, Alley and Blue; Mayor Scheifley - Yes. The motion passed with a vote of 3 to 2. General Fund ............ $1,112,600.26 - Water and Sewer Fund ........ 18,686.18 Utility Tax Fund .......... 77,882.08 Federal Revenue Sharing Fund .... 10,290.00 The meeting was adjourned at 9:45 P.M ..... . -' City Clerk  ~PPRQ~ED: -12- 1-12-76. 12A RESOLUTION NO. 1-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE ATLANTIC HIGH SCHOOL FOOTBALL TEAM KNOWN AS THE "EAGLES" FOR ITS CONTRIBUTION TO THE COMMUNITY. WHEREAS, the Atlantic High School Football Team, known as the "Eagles", has recently completed its regular 1975 football schedule; and, WHEREAS, the successful season has resulted in the "Eagles" being ranked second in the State in the AAA Class; and, WHEREAS, the successful season has resulted in the "Eagles" being crowned Champion of the Western Division of the Suncoast Conference, and resulted in an overall record of 12-2; and, WHEREAS, the "Eagles" won the right to represent District 14, Class AAA in the State playoffs; and, WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to express its pride and appreciation to the "Eagles" for their outstanding achievements and the honors which they have received under the able guidance of Coach Carney Wilder and his staff, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the 1975 Atlantic High School EAGLES are hereby commended for their enviable records achieved in the Division, the Conference and the State of Florida as~a' result of their outstanding performances which the City of Delray Beach wishes to single out and recognize as an outstanding contribution to the spirit of this community. ~ PASSED AND ADOPTED this 12th day of January, 1976. ATTEST: City Clerk 12B RESOLUTION NO. 2-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE DELRAY ROCKS FOOTBALL TEAMS FOR THEIR CONTRIBUTION TO THE COMMUNITY. WHEREAS, the Delray Rocks Football Teams have recently completed their regular 1975 football schedule; and, WHEREAS, the successful season has resulted in the Delray Rocks Football Teams being~ranked as follows: 80 pound division - 1st place in the National Youth Football Association's National Championship for the second year, 105 pound division - 10-3 record in the Gold Coast Youth Football League, 130 pound division - 3rd place in the National Youth Football Association's National Championship; and, WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to express its pride and appreciation to the Delray Rocks for their outstanding achievements and the honors which they have received under the able guidance of Director William Smith and Coaches Matthew Mitchell, Benny Leonard and Ernest Galinas, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the 1975 Delray ROCKS Football Teams are hereby commended for their enviable.records achieved in the Gold Coast League as a result of their outstanding performances which the City of Delray Beach wishes to single out and recognize as an outstanding contribution to the spirit of this community. PASSED AND ADOPTED this 12th day of January, 1976. ATTEST: City Clerk 12C RESOLUTION NO. 3-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE URBAN LEAGUE OF PALM BEACH COUNTY; AND FOR OTHER PURPOSES. WHEREAS, the Urban League of Palm Beach County .is an inter-racial non-profit, non-partisan community service Organization which uses the tools and methods of social work, economics, law and other disciplines to secure equal opportunities in all sectors of our society for black Americans and other minorities; and, WHEREAS, the U~ban League's goal is helping America's minority citizens gain the better housing, better education, and better economic opportunities which, when realized, will create a social atmosphere in which all men and women can turn their potential into accomplishment; and, WHEREAS, the Urban League's mission is eliminating racial discrimin- ation and segregation in the United States, increasing the economic and political empowerment of blacks and other minorities, and in short, helping them share equally in the responsibilities and rewards of full citizenship; and, WHEREAS, the goals of the Urban League of Palm Beach County are the goals of those who believe in the worth of the individual, in the American tradition of helping others help themselves, and because the Urban League of Palm Beach County is fully committed to the proposition that every American deserves the same opportunities as every other American; and, WHEREAS, the Urban League of Palm Beach County is: Opening doors to new employment opportunities for blacks, women and other minorities in management and other non-traditional areas. Conducting employer seminars where a group of industry representa- tives can exchange educational and training formulas for implementing an equal employment program. An information center of available community services. A recruiting agency for various community-based employers, and program coordinator for On-The-Job Training and Manpower Occupational Training in auto body/auto mechanics, refrigeration, clerical and child care teacher aides, funded by the Department of Labor through the Palm Beach County Board of County Commissioners. 'A co~unity-based and community-backed People Advocacy Program which is devoted to protecting the rights of all people regardless of race, creed, color, sex or ethnic background. Also a group of active, articulate, high school students - the Youth Acti0n Council of the Urban League - speaking out at news conferences and Public hearings about problems that concern youths. A community-based Business Development Center, a Skills Bank program and a State Law Enforcement Recruitment element. 0 NOW, THEREFORE, BE IT LESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS'FOLLOWS: SECTION 1. That the City Council of Delray Beach, Florida, hereby endorses the Urban League of Palm Beach County. 12D SECTION 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 12th day of January, 1976. · ATTEST: City Clerk . Res. No. 3-76 12E RESOLUTION NO. 4-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING. NEGOTIATION OF A CONTRACT TO RESURFACE (A) TEEN TOWN TENNIS COURTS AT 240 NORTH WEST TENTH AVENUE AND (B) DELRAY BEACH TENNIS COURTS - PRACTICE AREA AT 125 WEST ATLANTIC AVENUE, IN THIS CITY, IN ACCORDANCE WITH CITY SPECIFICATIONS AS INDI- CATED ON THE "REQUEST FOR QUOTATION" FORM. WHEREAS, it is the recommendation of the City Manager that the Council acting by authority of provisions of Section 78 of the City's Charter, award a contract to resurface (A) Teen Town Tennis Courts at 240 North West Tenth Avenue, and (B) Delray Beach Tennis Courts - Practice Area at 125 West Atlantic Avenue, in this City, in accordance with City Specifications as indicated on the "Request for Quotation" form, and, WHEREAS, of the three quotations requested, three were submitted in the amounts of: Carr Soil & Sod - Driveways $4,400.00 Delray Beach, Florida William C. Westervelt & Sons $4,681.00 Delray Beach, Florida Hardrives of Delray $5,293.00 Delray Beach, Florida WHEREAS, the City Engineering Office certifies the quoted prices to be reasonable and the City Manager recommends that the City of Delray Beach enter into a contract with Carr Soil & Sod - Driveways, Delray Beach, Florid~ , to resurface (A) Teen Town Tennis Courts at 240 North West Tenth Avenue, and (B) Delray Beach Tennis Courts - Practice Area at 125 West Atlantic Avenue, in this C~ty, in accordance with City Specifications as indicated on the "Request for Quotation" form, 'WHICH COMPANY submitted the lowest quotation in the amount of $4,400.00, and, WHEREAS, it is the CoUncil's opinion that the award of this contract would be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:. SECTION 1. That said contract to resurface (A) Teen Town Tennis Courts at 240 North West Tenth Avenue and (B) Delray Beach Tennis Courts - Prac- tice Area at 125 West Tenth Avenue, in this City, in accordance with City Specifications as indicated on the "Request for Quotation" form, be awarded to Carr Soil & Sod - Driveways, Delray Beach, Florida, in the amount of $4,400.00. SECTION 2. That this improvement shall be funded with money from the General Fund. PASSED AND ADOPTED in regular session on this the 12th day of __January , 1976. ..... M a 'y / ATTEST: City Clerk 12F RESOLUTION NO. 5-76. ~- -~ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO'THE STATE OF FLORIDA LEGISLATURE PROTESTING THE ABOLITION OF MUNICIPAL COURTS; REQUESTING THAT THE STATE OF FLORIDA LEGIS- LATURE TAKE WHATEVER ACTION IS NECESSARY TO ALLOW THE VOTERS OF THE STATE OF FLORIDA TO EXPRESS ONCE AGAIN THEIR SENTIMENTS ON THE CONTINUATION OF MUNICIPAL COURTS. WHEREAS, on J~nuary 1, 1973, Article V, .Section 20, Subsection 4 of.the Florida Constitution, as amended, became effective; and, WHEREAS, said section of the Florida Constitution requires that not later than January 3, 1977, municipal courts will cease to exist; and, WHEREAS, the existence and operation of municipal courts is abso- lutely essential to the health and welfare of residents of municipalities; and, WHEREAS, since the adoption of said provision of the Florida Con- stitution, there has been no coherent planning done by any of the State agencies or County agencies in this jurisdiction to provide for a smooth transition; and, WHEREAS, the State of Florida.LegiSlature has not, to date, provided any funding to local governments to ease and facilitate the transition; and, ~ WHEREAS, on March ].4, 1972, when the voters of the State of Florida first voted on this issue, the problems and complications that would be precipitated by abolition of municipal courts were not as apparent as they are today; and, W~EREAS, in view of the above information, it would be appropriate and proper to place this matter on a Statewide ballot, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, because of the essential function performed by municipal courts, protests vigorously the abolition of municipal courts as set forth in Article V, Section 20, Subsection 4 of the Florida'Constitution. SECTION 2. That the City Council of the City of Delray Beach hereby requests the State of Florida Legislature to take whatever action is necessary to place this important issue before the voters to allow them to express their sentiments thereon. SECTION 3. That copies of this Resolution shall be.sent to the Palm Beach County Legislative Delegation. PASSED AND ADOPTED in regular session on this the 12th'day of January, 1976. City Clerk 12G ORDINANCE NO. 56-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 9, 18, 19, 22, 32, THE WEST 20 FEET OF LOT 33, LOTS 38, 45, 47, 68, DELRAY BEACH SHORES SUBDIVISION, AND THE SOUTH 100 FEET OF~ THE NORTH 1670 FEET OF THE EASTERLY 139 14 FEET OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, SAID PAR- CELS LYING WEST OF STATE ROAD NO. A-l-A, SOUTH OF LEWIS COVE, AND EAST OF THE INTRACOASTAL WATERWAY; THE PARCELS ARE IN SEC~£IONS 21-46-43 AND 28-46-43; IN "R-1AA SINGLE _ FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned RS Residential Single Family-County zoning in R-1AA Single Family District-City zoning; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "R-1AA Single Family Dwelling District" as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, to-wit: Lots 9, 18, 19, 22, 32, the west 20 feet of LOt 33, Lots 38, 45, 47, and 68, Delray Beach Shores Subdivision, as recorded in Plat Book 23, Page 167, of the Public '.... Records of Palm Beach County, Florida; and, ~ South 100 feet of the north 1670 feet of the easterly 139.14 feet of Section 28-46-43, of the Public Records of Palm Beach County, Florida. These parcels of land lie west of State Road No. A-l-A, south of Lewis Cove and east of the Intracoastal Water- way, and are in Sections 21-46-43 and 28-46-43. Section 2. That the Planning Directors of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. This ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of January , 1976.  City Clerk First Reading December 22, 1975 Second Reading. January 12, 1976 ? 12H w~,-,-~ o~. :..--, .-.." ~' ~.~ . ~ m ~ ..:.~.