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02-10-76 TUESDAY, FEBRUARY I0, 1976 v:~c. -'-',:.'- lUiay~¥~$eheifle~' cailed ~he meetin~ t5o order~after ,tho r~¢ess- The City Manager reported to Council that Dr. Warren Nubern ~has resigned as Chairman and member of the Delray Beach Housing Authority. He Iread the following letter dated February 10, 1976: "Please accept my resignation effective immediately as a member of the Delray Beach Housing Authority and presently Chairman. I regret that I cannot com- plete my term appointed by the Council as I had desired. I express my deep appreciation to the members of the Council for your faith in me and for your assistance to the Housing Authority. I especially express my appreciation to the City Manager's office and his staff for their invaluable assistance given to us as we tried to get the Housing Authority off the ground. They were unselfish in their efforts to make the impossible task assigned to us much easier. With sincere regards, I am /s/ Dr. Warren J. Nubern." Mayor Scheifley asked Council to consider names to be considered at the next workshop to replace Dr. Nubern. Mrs. Krivos suggested asking the Board for some suggestions. 6.b. The City Manager stated Mr. Michael Robbins and Mr. Dan Winters were not present, so this item should be postponed. 6.c. Mr. Sanson offered a report on the Florida League of Cities Environmental Quality Committee Meeting held in Orlando. He outlined pending legislation as follows: (1) Homestead Exemption increases - a bill has been introduced se~ting a millage limitation to the effect that there will be a cap placed on municipalities to increase their millage at any one time to 1~% with an additional 5% for emergencies. (2) - a bill is being introduced concerning assessment procedures for property appraisals - this will require.assessments to be made 'in time for municipalities to have firm figures to figure what revenue will be. (3) - utility taxes - there is a definite possibility there will be an increase in gasoline taxes. (4) - school and hospital district exemptions - the Supreme Court has recently ruled these organizations cannot be taxed; discussion is being held on whether or not this can be changed. (5) - sales tax - a bill introduced last year for 1% sales tax for cities is going to have a hearing soon, but it is not felt that this bill will pass this year. (6) - resort taxes - same bill as introduced last year, but there is small chance of this bill passing. (7) - public works contract exemption - presently cities pay a 4% sales tax on public works contracts - two bills in the Senate and the House have been introduced to remove this tax. (8) - constitutional amendment to authorize constitutional municipal courts - there is a possibility to introduce legislation to delay the January 1, 1977, deadline. $10 to $15 million dollars will be required to fund this changeover and the State does not have the money to fund it. (9) - the only m~jor change being considered in collective bargaining is abolishment of Mini-PERC provision. (10) - a proposal has been introduced stating you cannot force a man to retire because of age. (11) - bills are pending for uniform election laws which would place all cities on uniform election dates. (12) - streets and road and purchase of rights-of-way - it is hoped legislation will be introduced where the state l~as to do this with state money. The Governor's Transportation Committee has said they should increase the gasoline tax so they can buy the rights-of-way. (13) - municipal services - public address systems for police vehicles - a bill may be - 17 - 2-10-76 ~assed making _funds. available to put ~i~ .public.~ddr, e~ systems in .-police vehidleE./ (~4] ~'-SCnEf~-'~iI1 t~~;%~,.i~6~J~uced which is a mandatory fluoridation bill~!for~-public~drinking .supplies, Mr. Sanson suggested Councilmembers may~wish-to watch the progress of the bills. - . ~, :, ~.'~ .-.: : ~{..,:~ ~,.~ -- ' ~ - _,~,- _ 6.d. The City Manager reported Council authorized on January 12th the sale of a surplus Fire Department 1961 Chevrolet Corvair, Greenbrier. The sale was held in the north parking lot'at City Hall on February 3rd. It is recommended that Council approve sale of this vehicle to the high bidder, Lee Houghtaling of Coconut Creek in the amount of $625, which amount has been deposited with the City. Mr. Gent moved that Council ~ccept the bid from Lee Houghtaling of Coconut Creek in the,amount of _ (:625. for a 1961 Chevrolet Corvair, Greenbrier, seconded by Mr. Randolph, ~aid motion passing unanimously. 0.e.. The city Manager recommended Council direct the City Clerk to comply with Chapter 15 of the City's Code of Ordinances to abate a nuisance located at 137 N. W. 6th Avenue, owned by Joseph Rolle. Mr. {~ent moved that Council declare a nuisance on the lot referred to on %em 6.e. and direct compliance with Chapter 15 of the Code of Ordinances, ~,~conded by Mrs. Krivos, said motion passing unanimously. ~.f. The City Manager reported that Council discussed at its ?ebruary 2nd Workshop Meeting the appointment of Mrs. Charlotte ])urante as a member of the Community Appearance Board to serve the remainder of Mr. Leon Weekes' term as an alternate member, which term expires August 26, 1976. Mrs. Durante stated she could not accgpt the appointment. The Board then met and submitted the followin9 four names for consideration: Mr. A. Doherty Mr. Floyd Mangus Mrs. Pearl Malone Mrs. Carol Stanley Mr. Sanson stated at that meeting it was suggested that Mr. Jack Gomery be considered. Mr. Sanson moved that Mr. Jack ~omery be appointed to fill the unexpired term'of Mr. Leon Weekes on the Community Appearance Board, seconded by Mr. Randolph. Mr. Gent stated he felt Mr. Gomery could do more for the City on the Financial Advisory Board since that was his field. Mr. Gent stated Mr. Gomery is treasurer of his church and is also on the Executive Council of the Diocese of Southeast Florida of the Episcopal Church working with the Bishop on financial matters. Mr. Sanson stated Mr. Gomery has expressed interest on serving on the Community Appearance Board, He suggested Mr. Gomery be contacted and he could be asked his preference. Mayor Scheifley suggested'a vote be taken and if Mr. Gomery is elected, he_ could be consulted about serving on the Financial Advisory Board when it is formed. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley Yes. Tt~ motion passed with a vote of 4 to 1. Mayor Scheifley suggested a Certificate of Appreciation be given to Mr. Ken Ellingsworth for his service on the Delray Beach Housing Authority. The City Manager stated both Mr. Ellingsworth and Dr. Nubern would receive certificates. 6.h. The City Manager stated Councilman Ron Sanson will be the only City official attending the Florida League of cities Annual Pre-Legisla- tive Conference in Tampa on Mauch 1st and 2nd. He recommended Council appoint Mr. Sanson as the City's voting delegate. Mr. Randolph so moved, seconded by Mr. Gent, said motion passing unanimously with Mr. Sanson abstaining. 6.!.. The City Manager reported Council should consider passing a motion that Dr. Ernest R. Bartley be retained by the City, as an expert witness, in the Hoffmann cases on the terms and conditions as outlined by Dr. Bartley in his January 8th letter addressed to the City Attbrney. Mr. Randolph moved that Dr. Ernest R. Bartley be retained by the City of Delray Beach on the Hoffmann cases on the terms and conditions as outlined by Dr. Bartley in~his~Janu~Y~8~1976'~letter addressed to the City Attorney, seconded by Mr. Gent. The motion passed unanimously. ~~. ,~.T~'e~i6~ty-M~nager repo~ted'~ay°~ ~Bill'Koch~'0f GUlfStream called h~s'o~iCA today and asked that this item not be taken up at this meeting since he planned to be out of town. The item concerns a proposed agree- ment with the Town of Gulfstream for the providing of water service to Gulfstream. 6.k. The City Manager stated this item concerning execution of agreements for the providing of water and sewer service to serve the Delray Square Shopping Center at Military Trail and West Atlantic Avenue should be deferred. , 6.1. City Manager Mariott reported recently a contract was awarded for four water supply wells to Alsay-Pippin Corporation in the amount of $241,218.60; this contract was awarded by Council on January 26th. ~he City Manager~recommended that Change Order No. 1 be approved which mould add $6,250 to the contract amount. Th~s work was requested by the City Engineer and provides for the installation of test wells and related appurtenances. It was not included in the original contract because two different sources of money were involved at the time. It is now recommended that the funds come from the $5 million Water and Sewer Revenue Bond Issue to cover the cost of the Change Order construction. Mr. Sanson moved for the approval of Change Order No. 1 as outlined in Agenda Item 6.1., seconded by Mr. Randolph, said motion passing unani- mously. 6.m. The City Manager stated Council discussed approving City maintenance of the parking lot developed by the Downtown Development Authority on the land where the Delray Art Center was formerly located. City Manager Mariott recommended Council authorize this maintenance. Mrs. Krivos asked what the estimate of costs would be per year. The City Manager replied approximately $120 for water and $480 for la~or, trimming, etc. Mr. Gent moved that Council authorize the administration to maintain the parking lot held by the Downtown Development Authority on the land where the Delray Art Center was formerly located, seconded by Mrs. Krivos, said motion passing'unanimously. Mayor Scheifley reported the Beautification Committee would recommend landscaping the large parking lot just to the north of this 6.n. City Manager Mariott recommended that Council authorize Russell & Axon, Consulting Engineers, to perform certain engineering services as set forth in their letter dated February 2, 1976. There are four engineering services listed with a total cost of $35,150 with 75% of this amount being eligible for reimbursement by Federal Grant Funds, leaving 25% or $8,787.50 to be paid by the City. The four items are: 1 - revision of the plans and specifications for the Regional Wastewater Treatment Facility in connection with the solids recovery system. 2 - to conduct an offshore survey of the ocean outfall as required by the EPA. 3 - prepare user charge and industrial cost recovery system for the City of Delray Beach. 4 - prepare user charge and industrial cost recovery system for the Wastewater Treatment Facility. Mrs. Krivos moved that RUssell & Axon, Consulting Engineers, be authorized to perform the engineering services as set forth in their letter of February 2, 1976, in the total amount of $35,150.00, with 75% being raimbursed by Federal Grant Funds leaving $8,787.50 to be paid by the City, seconded by Mr. Gent. Mayor Scheifley asked if Boynton Beach is doing the same thing. The City Manager raplied they are. Mr. Sanson asked where the City's portion wou]S ~ume from. The City Manager replied from the residue of the City's 5 million Water and Sewer Revenue Bond Issue. Mr. Sanson said he ~ho~,ght the funds had been expended. -19- 2-10-76. ~_~ity Manager replied there is still some free balance in the fund. Mr,~Sanson stated he would like to go on record as being against Russell ~AXon being retained to do this work. He is not opposed to the work being done, but is opposed to it being done by Russell & Axon. He stated he felt a change is needed in the City in terms of hiring an Engineering Firm; however, he felt it would not be fair to bring this issue up during the election campaign, so he would defer the matter to a later time. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor .chelfley - Yes. The motion passed with a vote of 4 to 1. The City Manager reported an application has been received ,~om Mr. Joseph Kover of Boca Raton for a Certificate of Public Conven- ~uce and Necessity d/b/a/ Smokey, Inc. for operation of three taxicabs ithin the City. In compliance with Section 26-7, Chapter 26 of the Code ' Ordinances, ~CouDcil should fix a date for a public hearing to be held . this application, notice of which shall be forwarded to all operators taxicabs. The City Manager recommended that the date for the hearing set for March 8, 1976. Mr. Sanson moved that Council hold the public aring for the application for Certificate of Public Convenience and ~cessity on March 8, 1976, seconded by Mr.oRandolph~' ~Mr. Sanson asked f the administration could obtain a status report to ascertain the ffect of the last certificate that was granted. The City Manager ep!ied he would check into the matter. The motion passed unanimously. ;.b. City Manager Mariott reported the City is in receipt of an application for City water service to serve the property of L. F. R. Bellows, located outside the City at Lots 9 and 14, Lake Shore Estates, 1835 North Lake Drive. The applicant has executed the City's standard agreement for the providing of water service outside the City when such is eligible for annexation. Approval of the applicant's request, for water service is recommended by the City Manager. Mrs. Krivos m©ved that application of L.~ F. R. Bellows for water service on Lots 9 and 14, Lake Shore Estates, be granted, seconded by Mr. Randolph, said motion passing unanimously. The City Manager recommended the City Attorney prepare an ordinance annexing the property to the City. Mrs. Krivos so moved, seconded by Mr. Gent, said motion passing unanimously. 8.a. The City Manager stated Resolution No. 9-76 providing for the establishment and adoption of a Comprehensive Master Plan fQr the City of Delray Beach is not ready for adoption at the present time since the City Attorney has advised that he is still checking on legal rami- fications attendant to this subject. It is planned to have this resolu- tion on the March 8th Council agenda. The City Attorney reported the Planning and zoning Board is holding a hearing tonight to discuss some of the elements of the Comprehensive Plan. The Planning Consultant, Mr. Serafin Leal, has stated the hearing tonight will conclude the public forum aspects of the plan. The City Attorney said 15 days publication notice is required before the plan is adopted. Mrs. Krivos stated she felt the Capital Improvements plan is unrealistic and questioned where the City would obtain $4,466,000 nesded. The City Manager replied the money would not have to be available in order for the City Council to adopt the plan. Mayor Scheifley asked if, by passing this plan, it would enhance the City's posture for future grants. The City Manager replied in the negative; the plan is one of the elements that was begun some time ago when it would have been more realistic than it is today. The City Manager stated the years could be changed from 1975-76 to-1976-77. Further discussion resulted in council agreeing to defer the matter. 8.b. The City Manager presented Resolution No. 10-76. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR R~PLACEMENT OF EXISTING RUBBLE WALL WITH CONCRETE BULKHEAD AND PLACING RIP-RAP IN FRONT OF THE PROPOSED CONCRETE BULKHEAD LOCATED IN THE SOUTH HALF OF LOT ~'~{IRTEEN, AND AL!. OF LOTS FOURTEEN, FIFTEEN AND SIXTEEN, BLOCK TWO, ~ODEL ~2~D COMPANY'S SUBDIVISION OF THE WEST TOWNSHIP FORTY-SIX SOUTH, HALF OF SECTION TW~ ~.~.-ONE, RANGE FORTH-THREE EAS~~, ~$ RECORDED IN PLAT BOOK ONE AT PAGE ONE HUNDRED AND T??ENTY-EIGHT, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. -20- 2-10-76. :..(Copy of Resolution No. 10-76 is attached to the official copy ¢Ok: these minutes. ) Th'e City Manager reported this proposed replacement of existing rubble wall with concrete bulkhead on the west side of the Intracoastal Waterway for a distance of a little over 1,000 feet extending north from Linton Boulevard meets all City specifications. Final approval, if granted, will be contingent upon acceptance of the project by the Army Corps of Engineers, State of Florida Department of Environmental Regu- lations and other regulatory agencies. In order for the applicant to secure such approval, he must have city approval first. It is a private project and would not involve the City in any way. Mr. Randolph moved for the adoption of Resolution No. 10-76, seconded by Mrs. Krivos. Mr. Gent stated he would have to vote on this subject at the Area Planning Board and asked if there would be any conflict. The City Attorney stated there would not. Er. Gent said the APB would probably deny the request because it would hurt the environment. Mr. Sanson stated he had ques- tioned this because Mr. Strock said no approval had been received from the environmental agencies. The City Manager said he was fairly certain the APB would not even consider it unless it had been approved by local municipalities. After discussion, 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. 8.c. The City Manager presented Resolution No. 11-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE WATER AND SEWER SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND EDMUND J. SPENCE, AND REGINA W. SPENCE, HIS WIFE. (Copy of Resolution No. 11-76 is attached to the official copy of these minutes.) The City Manager stated this would authorize the execution of a water and sewer service agreement between the City and Edmund J. Spence and Regina W. Spence to supply water and sewer service to Lots 1 through 8 of Block 6, located on S.E. 9th Street between 5th and 6th Avenues to serve two fast food type restaurants at this locatio~ and to serve several other properties in this vicinity. The total project cost is estimated at $30,000; the city's share will be about $20,000. Approxi- mately $2,000 of the total cost is for water and line installation, and the rest is for sewer, pumping station and force main. The City Manager recommended approval of the agreement. Mr. Gent moved for the approval of Resolution No. 11-76, with funding to come from budgeted funds in the Water and Sewer Department, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8..~. The City Manager presented Ordinance No. 5-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 8, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PRO- VIDING FOR THE ZONING THEREOF.. The'City Manager read the caption of the ordinance. Mrs. Krivos moved for the passage of Ordinance No. 5-7'6 on first reading, 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. 8.h. The City Manager presented Ordinance No. 7-76. AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, ESTABLISHING A FINANCIAL -21- 2-10-76. =~: ~-an:.. ,'~ ~ buT:~:ES'' AND': . pOWERS; STATING_ .... "ARE= ADVISORY ONLY. - ~ , .:c .~?. ..... ~ ~ : .. . THe C±~y Manager read the caption-of the o~d~nanc~. Council ~nforma] .:' agreed at workshop to instruct the City Attorney ~o prepare this or~:.nance. Mr. Sanson moved for~ the adoption of-Ordinance No. 7-76, s ..:onded by ~rs. ~rivos. Upon roii caii, CounciI voted as foiiows: ~r. Ge~. - Yes; Mrs. Kr~vos - Yes; Mr. Randolph - Yes; Mr.'Sanson - Yes; ~ayor :;heifiey - Ye~. The motion passed with a vote of 5 to 0. 9.b. The City Manager reported the Conuuunity Appearance Board at a mee:~ng held on February 4th unanimously approved the pians for re- model~.ng the Delray :$each PubIic Library Buiiding with the stipuiation thaf Lhe Delra~ a~.~h 5±brary Association maintain the existing shrubbery. May¢c Scheifley ...... ed what the plans consisted of in the way of con- sfi~zction. The Ci. ty Manager stated the work would remove windows on the >;F~'. Lh side of the iibrary since vandals, on numerous occasions, have ~,~oken the windows to gain entrance to the i±brary. Mr. Gent moved that ct..uncil accepi:. Lh~ reconunendation of the Conumunity Appearance Board approving the i~la~s for remodel±ng the Delray Beach Public Library, seconded by }lr. Randolph, said motion passing unanimously. 9.c. The C±ty Manager reported the Community Appearance Board at a meeting hel~ ~.n February 4th has recommended approval of pIans for landscaping and paving at Adams Chevrolet, 310 S.E. 6th Avenue, with the noted cond±tic,~". Mr. Sanson moved that the recommendation of the Community Appearance Board be approved for the pians for iandscaping and paving at Adams Chevrolet, seconded by Mr. Gent. Mr. Gent asked what would be done. The pians caii for pa±nting the wall white and' )andscaping. The motion passed unanimously. , 0. ~he foliowing Biiis for Approvai were approved unanimousiy :F'-~ot±on by Mr. Gent and seconded by Mr. Randolph. Mr. Sanson ques- 'oned what the $40,000 for Modular Arabulance Corporation was. The :(y Manager replied the purchase of two rescue vehicles. Mr. Sanson ~ked the City Attorney if the bill for O'Conneii and Cooper for $i,i49 ..~s correct. The City Attorney stated this bill was for the conclusion £ the Sommers and Messmer construction case. Mr. Sanson asked who Otto ~lyer and Sons, Inc. were. The City Manager replied he did not k~ow, but he would check the item. General Fund ............. $383,602.60 Water and Sewer Fund ......... 12,067.82 Special Assessment Fund ....... 230.00 Utility Tax Fund ........... 52,882.08 Refundabie Deposits Fund ....... 601.64 Citizens Contr£bution Fund ...... 154,000.00 Improvement Trust Fund ........ 98,466.42 . Beach Restoration Fund ........ 5,414.90 Federal Revenue Sharing Fund ..... 15,532.75 (11.) Mayor Scheifley stated when the Sewer Board met recently, the Board voted to retain Russell & Axon to prepare the estimates on the 201 Program. Mr. Canon, Director of the Board, asked for ratification of the action. The City Manager asked Mr. Canon if he and Mr. Klinck were in agreement on this action. Mr. Canon said he did not believe so. Mr. Gent asked if Mr. Klinck would be involved with this. Mr. Canon said he would not. The City Manager stated if this action is before the Council, it would be City business. Mrs. Krivos stated Mr. Ken Ingraham has been assigned by Russell & Axon to represent the 'City of Delray Beach, the City' of Boynton Beach and the Board in the 201 Program. The City Manager stated this would require City participation in the amount of $5,500. Mrs. Krivos moved that Council authorize the City Manager to extend the engineering contract to Russell & Axon for 201 Facilities Planning with no amount set, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor $cheifley ' Yes. The motion passed with a vote of 4 to 1. (12.) The City Attorney stated Mr. Oxner showed him the pleadings on the Clemens' case that were signed by John Alley. The City Attorney -22- 2-10-76. spoke to Mr~cBlue ~today to ask him why~they were signed by John Alley. M~i Blue~sai~although at that time he was leaving the firm and has since left the firm, Mr. Granville Alley felt this case came to the firm at the time he was employed there and therefore they should participate in the_~ase. The City Attorney informed Mr. Blue today that Council wished him.to handle the case without participation of the Alley firm. (i2.) Mr. Oxner stated he had spoken with Mr. Blue approximately two days ago and Mr. Blue said he wanted to take Mr. Clemens' deposition. Mr. Oxner said that was in conflict with the advice from Council. Mr. Oxner stated he did not want his offer to go by default, but if Council wishes them to go ahead and litigate the case, that is what they will do. The offer will expire by the time another regular Council meeting is held. Mr. Clemens' deposition will be taken on February 18th and Mr. Oxner's ~irm will be taking depositions. Mr. Oxner stated he felt Council was being misinformed. He said it was not the s~me suit over and over again. Phey have new facts and new evidence that are not allegations, but are hatters of record which are available to Council. He stated they are charging the matter, in the first place, was not presented in a manner in which Mr. Clemens obtained due process. The tribunal and the appeal from that tribunal in the form of the Civil Service Board was unconsti- tutional in other regards. He asked for a vote to adopt the proposal being made for settlement. The City Attorney stated Mr. Oxner was re- quested by Council to make an offer for settlement and Mr. Oxner asked to make the offer in person. Mayor Scheifley asked the City Attorney for his recommendation. The City Attorney advised not to settle the case at this particular time. He stated this was no different from any other litigation and at this particular time, from the information the City Attorney has available and the research the City's attorneys have done, he recommended that it not be settled. Mr. Sanson moved to table the item for consideration until such time as the results of the inves- tigation are back to Council. The motion died for lack of a secondi' The City Attorney explained t~ Council that this is simply an acceptance or rejection of this particular settlement offer. He said as the litigation progresses, if he felt that there is a substantial exposure to the City, either in terms of'liability or damages, he would come to Council and so inform them. He said at this particular time, he cannot recommend settlement, but this does not mean that in the future, that the City's position cannot be reevaluated and come to a differen~ con- clusion. Mr. Gent moved to table this item until March 22nd. The City Attorney stated there are motions pending before the Federal Court; if the motions are ruled on, it is possible the City will no longer be in the case. In the event they are ruled adversely to the City, then the City will be in a position of assessing liability and damages. He suggested tabling the item until April 12th. Mr. Gent moved to table the item until April 12, 1976. Mr. Sanson asked if he could ask a ques- tion prior to a second to the motion. The City Attorney ruled he could. Mr. Sanson asked Mr. Oxner if he might come back with another settlement offer even though it might not be as favorable to the City. Mr. Oxner replied he would be glad at any time in this litigation to discuss a settlement before trial. Mr. Sanson seconded Mr. Gent's motion. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. Mayor Scheifley explained his no vote by saying he felt the motion should have been to refuse the offer and let the litigation take its normal course since he felt the City would win the case without any question. The meeting was adjourned at 6:30 P.M. ~ City Clerk APPROV~ . -23- 2-10-76. ,'54 RESOLUTION NO. 10-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR REPLACE- MENT OF EXISTING RUBBLE WALL WITH CONCRETE BULK- HEAD AND PLACING RIP-RAP IN FRONT OF THE PROPOSED CONCRETE BULKHEAD LOCATED IN THE SOUTH HALF OF LOT THIRTEEN, AND ALL OF LOTS FOURTEEN, FIFTEEN AND SIXTEEN, BLOCK TWO, MODEL LAND COMPANY'S SUBDIVISION OF THE WEST HALF OF SECTION TWENTY- ONE, TO~SHIP FORTY-SIX SOUTH, RAI~CE. FORTY-THREE EAST AS RECORDED IN PLAT BOOK ONE AT PAGE ONE MUNDRED AND TWENTY-EIGHT, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. WHEREAS, a request has been.made by Arthur V. Strock and Associates, · Engineers, as representative of the Owners of the South Half of Lot thir- teen and all of Lots fourteen, fifteen and sixteen, Block two, Model Land Company's Subdivision of the West Half of Section Twenty-one, Township Forty-six South, Range Forty-three East, as recorded in Plat Book One at Page one hundred and twenty-eight, Palm Beach County, Florida, Public Re- cords, for approval of replacing existing rubble wall-with concrete bulk- head and placing rip-rap in front of the proposed concrete bulkhead, and, .WHEREAS, this approval by City'Council of Delray Beach, Florida', will be required, as set out in Florida State Regulations, Chapter 253.124 be- fore application for approval of replacement of existing rubble wa~l with concrete bulkhead and placing rip-rap in front of the proposed concrete bulkhead can be made to United States Army Corps of Engineers, and, WHEREAS, the City Engineer's office has examined this request for re- placement of existing rubble wall with concrete bulkhead and placing rip-rap in front of the proposed concrete bulkhead and certifies it to be within the requirement of the City of Delray Beach, and the City Manager recommends that the City of Delray Beach approve the request for replacement bf the existing rubble wall with concrete bulkhead and placing rip-rap in front of the proposed concrete bulkhead, and, WHEREAS, it is the Council's opinion tha~ the approval of this re- quest 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: That said request for replacing existing rubble wall with concrete ~lkhead and placing rip-rap in front of the proposed concrete bulkhead approved. PASSED AND ADOPTED in regular session on this the 10th day -~ February , 1976. ATTEST: City Clerk 54B RESOLUTION NO. 11-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE WATER AND SEWER SERVICE.AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND EDMUND J. SPENCE, AND ' REGINA W. SPENCE, HIS WIFE. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it in the public, interest to extend its water transmission main system and its sewer service facilities to service the property described as Lots 1 through 8, of Block 6 in Rio Del Ray Subdivision (and located on S. E. 9th Street between 5th and 6th Avenues) in the City of Delray Beach, Florida, as set forth in the attached Agreement, and accordingly to enter into the attached Agreement with Edmund J. Spence, and Regina W. Spence, his wife. 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 Bea-ch, Florida, concurs in the provisions of that certain Agree- ment attached hereto, pertaining to the extension of the City's water transmission main system and its sewer service facilities %0 the property described as Lots 1, 2,· 3, 4, 5, 6, 7, and 8, of Block 6 in Rio Del Ray Subdivision, in the City of Delray Beach, Florida. Section 2. That the City Council .of the City of Delray Beach, Florida, authorizes said Agreement to be executed by a legally designated officer of this Public Body. PASSED AND ADOPTED in regular session on this 10th day of February, 1976. ATTEST: This agreement made and entered into at Delr~y Be.ch, Florida, this 3rd day of Febr~ary, lP76, by and between the' City of Delray Beach, a ;,~ulicipal Corporation or&anized and existin~ under 'the laws of the State of Florida, hereinafter sometimes called the City, party of the first part, and Edmond J. Spence and Regina W. Spenc'e, his wife, of' 1220 ;~orth Ocean Boulevard, Gulfstream, Florida, party of the seer.nd part, Mitnesseth: %flL%7.~:AS, the party of the second part desires to purchase treated, potable water and sanitary sewer service from the City of Delray Beach; and, ~[F~IEAS, the party of the first part has the ability and is willinE to provide the ~ter and sewer service 'desired; .. NOW, TIIEREFORE, in eonsiderat{on of the promises and agreements herein ., set forth, to be ~bserved and performed, the par~ies hereto agree as follows: "'' SECTION I G~6E, RAL PURPOSE ' The party of the first part ag..rees ~o the expansion of its water and sewer system in order to serve the property o:med by the party of the second part and described as Lots 1, 2, 3, ~, 5, 6, ? and 8, of Block 6 in Rio Del Ray Subdivision, recorded in Plat Book 12, page 8}~ of Palm Beach'~' County Records, in the City of Delray Beach, Florida. (This.property is on S, E. 9th Street between 5th and 6th Avenues). The party of the second part '~grees to construct said water and sewer extension in accordance with Plans ; by John A. Grant, Jr., a~d known by both parties as Job No. 1383, wh. ich plans have been approved by the party of the first part. '. SECTIOI; II COVE.,NAI~"~S OF PAI~TY OF ~.~, SF~COND PART The party of the second part agrees: A. To h~ve all plans .nd specifications prepared by an engineer registered in the State of Florida and approved by the party of the first part. B. To obtain all State, County and local permits required in connection ~:ith~his project. ~ C. To construct said water nnd sewer cxter, sion in accordance with plans and specifications approved by the party of tho first part. 54D --' :D' .... To-$gbu~e~ th-61 r~q~ired'relg'~se 'Of-llet~--f~gm-th~'~'contrEctors ........... . and furnish the City with a ~itten 6uarantee covering the project for a period_of one year commencing with tbs date the project is completed and ready to be accepted by the City, Said guarantee' shall be executed by the officers of the contractor, Gulf Stream Construction Company. · SECTION III , COV/~,fAI;TS OF PAFTY OF ~ FIRST PART The party' of the first part agrees: A. To allow the party of the second part to connect to the 6tty's 'water and sewer systems, ': B. Upon acceptance of the water and sewer system constructed by the party Of the second part, title to the system so constructed passes' to the city and the"City Shall then pay to the party of the second part siEty six and t~o thirds percent (6o-2/o,.,) of the total adjusted cost of the project,, including engineering fees, as set forth in the final Engineers Certification. The engineering estimate for this entire project is approximately ,630,000.00. : SECTION IV · GENERAL COVENA~S ~ , '~ :' .The parties mutually agree: ,,.. , . A... To cooperate in completing the construction of said project as quickly as practicable. B. · That this agreement is binding on the successors ~nd legal representatives of the parties hereto, C. That this agreement constitutes the entire' agreement between the parties and no oral statements heretofore made by either party or their agents shall be a part hereof. D. The City reserves the right to issue Water and Sewer Revenue Bonds on the revenue from the system if the City so elects. E. That this agreement may be modified or changed only in writing and signed by the parties hereto. -2- 54E 8ECTION V ~,'F}~CTIVK DATE This agreement shall be effective on tho date it is signed by both parties, if they sign on the same day. If both parties do not sign on the same day then the agreement becomes effective on the date tho last party signs the agreement. IN %~ITi~SS U}FEREOF, the parties set their hands and seals. · CI~[~f OF DELRAY BEACH ATTEST: By: Mayor cORPORATE SF.2%L . '- -S- 54F c,'.~,~... OF ) ) The foregoing ~nstm~-~en% %'as aekno~].edKed b~fore me this ...... day of ~ _ ~ .. . , 1976, ~ ...... ~d _ _ _/ . .... _ _ , ~sp~ctively of the City of DelPay Beach. - commission expires: STATE OF FLO?~IDA ) ) SS COLqfl~ OF PALM BFJ%CiI ) ~ fore~oins inst~ent ~s ~ckno~;led~ed befo~ me this Approve~ as to Lethal Form an~ Sufficiency: City Attorney of thc City of Delray Bcach ' 54G FOl~4 4 --CO~'?-~'i~TA'.['E OF FLORIDA ' COMMISSION ON ETIIICS L'.DI:EC:~,O,~URE?OF CONFLICTS OF INTEl{EST BY ~.¥ !.'.:PUBLIC OFFICERS IN VOTING SITUATION Name: Aaron I. Sanson, IV Telephone: 27~-4543 Address: 1630 Catherine Drive Delr~y ~¢ach Palm Beach ---(street) (city} . (county) "Public officer" as used herein shall includ~ any pgrson elected or appointed to hold office in any agency including any person serving on an advisory body. .... tle or POsition: Councilmember vernmental Agency or Body: City..LCoun~] . esent Term Began January 1975 (month) (year) Present Term Ends March 1977 (month) (year) If you voted on any matter, coming before you for voting consideration by you in your official capacity, in which you have a persona]., private, or profes- sional interest which inures to your special private gain, or the special gain of any principal by whom you are retained, explain: a. The nature of your inter~st: None b. How the matter voted upon will inure to your special private gain: · City Council~ by 4-0 Vo~, w~h m~ ~h~nt~g my.self as the City's voting delegate for Fla. League of Citi6s annual pre-legislative conferenqe in Tampa on Date of this action February 10, .197~. OR c. How the matter v6~ed upon will.inure to the special gain of any principal by whom you were retained at the time of voting: Februa_ry 11, 1976 '~h ' ~ ~ 'o' Disclosii%g) - (Date of Filing) ' ' -- (Signature Person ThJ.~ disclosure must be filed withi,~ 15 day's after the vote occurs with the person responsible for recording the minutes of the meeting, and the disclosure memorandum shall be treated C:-~ ...... '~'~: (~.' i"i'~_~. PAGE 2 OF FORM 4 as a pub~-J~-: .r._.-~cor~:L and :.~[;ncorporated ¢ ~n the minutes of the meeting ..... ,,'. ' ,v' : ..... Under prDvisions of Chapter 75-208, Laws of Florida, violation of any'-disClosur~ requirement shall Constitute grounds for, and may be punished by impeachment, removal from office, suspension from office, dismissal from empl0yment, suspension from employment for not more than 90 days without pay, demotion', reduction in salary level, public censure and reprimand, forfeiture of. no more than one-third salary per month for no more than 12 months, a civil penalty not to exceed $5,000., restitution of any pecuniary benefits received because of the violation committed, disquallfi- cation from being on-the ballot, NOTE: Questions concerning this form or Chapter 75-208, Laws of Florida, may be directed to: State of Florida, Commission on Ethics P. O. Box 6, Tall~hassee, Florida 32302.