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03-08-76 MARCIt 8, 1976 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Ch~nbers at 7:30 P.M., Monday, March 8, 1976, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Grace S. Krivos, David E. Randolph and Aaron I. Sanson, IV, present. Councilman Andrew M. Gent was absent. 1. The Lord's Prayer was repeated ill unison. '2. The ~Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of February 23, 1976, and ~he 2 special meetings of March 3, 1976 were moved for approval by Mrs. Krivos and seconded by Mr. Sanson. Mr. Sanson asked that two aorrections be made to the minutes of the second meeting held on March 3, 1976, as follows: Page 3, second paragraph, six lines down, ~dd the following three words -" .... Mr. Randolph was being spoken of as being corrupt because he failed to vote to fire the City Manager". He also requested the next sentence read as follows: " .... individuals are coming up saying how Mr. Randolph is a hero .... ". Mr. Leon Weekes, 2012 N.W. 2nd Avenue, Delray Beach, Council- man Elect, stated the public records do not indicate that Mr. Randolph and Mr. Weeks were elected to the Council. The City Attorney stated the minutes should be amended to reflect the fact that Mr. Randolph and Mr. Weekes were elected-to Council and should be shown in the minutes of the 11:00 A.M. meeting held on March 3, 1976. Mr. Thomas Shehan, Delray Beach, asked if the minutes of March 3, 1976 were under the old City Charter. Mayor Scheifley told him they were applicable under the old City Charter. Mr. Randolph stated, concerning the 5:00 P.M. meeting of March 3, 1976, that the meeting was closed by the Mayor after a 3 to 2 vote to dismiss and not to fire, the City Manager. He said the move was a judgment on the part of the Mayor based upon the comments of a number of attorneys within the City who gave their legal opinion. Mr. Randolph said the firing of the City Manager on February 9, 1976 was under the provision of Section 44 of the Charter of the City?f Delray Beach. The special meeting as called for 5:00 P.M., March 3, 1976 was not to fire anyone; it was only to dismiss. Mr. Randolph challenged the Mayor's right to close the meeting of March 3, 1976. He stated it should have been closed by a vote, not a judgment by the Mayor. He further stated all attorneys speaking at that meeting provided legal opinions. Mr. Randolph asked if those legal opinions took preference over a 3 to 2 vote to which Section 44 of the Charter does not have any reference. The City Attorney stated the meeting had been called for a specific purpose and the vote had been taken for the purpose for which the meeting had been called; he said technically, Mr. Randolph was correct, since no vote was taken to close the meeting. The City ~ttorney stated since the action was voted upon, the only effect t~e ~losing of the meeting could have is that someone from the prevailing ~ide could move to reconsider the vote. He stated that his opinion ~greed with that of the Assistant City Attorney in that a 3 to 2 vote vas valid. The City Attorney stated he did not know what other legal opinions were rendered since he was absent from the meeting. He said the opinion of the City Attorney's office still stands. Mayor Scheifley asked if it is legally required to adjourn a Council meeting with a formal motion. The City Attorney replied, as a technical matter, there is supposed to be a motion for adjournment, a second, and a vote on adjournment. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes for Fcbruary 23rd, Yes for-the 11:00 A.M. meeting on March 3rd and No for the March 3rd 5:00 P.M. meeting; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 4 to 0 on February 23rd i.,inutes; 4 to 0 on March 3, 1976 11:00 A.M. minutes, and 3 to 1 on March 3, 1976 5:00 P.M. minutes. Mr. Sanson asked if the minutes of February 9, 1976 could be amended by changing the name of Mr. Mariott to [ir. Merritt under Item 4.e. Mr. Sanson moved that the minutes of February 9, 1976, under ~i~em 4.e.~,~i~the body~0f the~!et~eri~quoted by Mrs. Krivos from ~>~Prest~n W~ight, be amended, by changing reference to Mr. Mariott ~i.'toi~sr, M~rri~,~ s~C~nded by Mrs'' K~ivos. The motion passed unanimously. Mrs. K~iVoS~'stated council has not had a workshop meeting for five weeks. She asked when a workshop meeting would be held. The City Manager replied the next regular workshop meeting would be held -next Monday night, March 15th. 4.b. Mr. Sanson asked for Council's comment concerning the recent Florida League of Cities meeting. He said Rep. Watson from Lakeland is chairing a sub-committee to study the abolition of the municipal courts issue. Mr. Watson urged all municipal officials present to inform their Cities that on March 25th in Tallahassee, his committee will be conducting hearings and testimony will be given from whomever would like to give it towards what effect the abolishment of municipal courts will have. Rep. Watson is going to introduce a bill asking for an extension of the abolishment of municipal courts for one year. He feels that it will definitely help to have as many people as possible appear to give testimony. Mr. Sanson asked if Council felt someone from Council should attend; Rep. Watson stated it would be most effective to have an elected official appear'to read a statement from ~he City Judge, City Attorney or City Manager, with the Councilmember giving the opinion of Councilmembers. Mayor Scheifley stated there is a meeting of the Palm Beach County Municipal League this Friday and all 37 municipalities of the League oppose the abolition of the municipal court. He suggested the matter be discussed at the meeting with an attempt to organize action to represent all 37 cities. Mr. Randolph stated the Board of Directors of the Palm Beach County Municipal League met last Wednesday. He suggested that instead of asking for a one year extension, he felt a more plausible method is simply to go against. abolition of the municipal courts without any reference to an extension. He feels that asking for an extension of one year is serving as 9n endorsement along the line that perhaps the city may go along with the abolishment. Council agreed to discuss the matter at the Palm Beach County Municipal League meeting. 4.c. Mr. Sanson referred to the referendum item on the ballot for ~arch 9, 1976 election dealing with the establishment of water districts. ~e said it is his understanding that as collateral for the taxes in setting up the water districts, property taxes will be used. Mrs/ Sanson ~equested the public to consider their vote on this issue. 4.d. Mayor Scheifley read a Proclamation proclaiming the week of ~arch 7-13, 1976 as Save Your Vision Week. 5.a. Mrs. Anne Pfundston, 80 N.E. 4th Avenue, Delray Beach, complained ~f the charges she is having to pay for sewer and garbage. The City ~ttorney stated several persons appeared before Council several months ago on rate change in the garbage ordinance. At that time, the City Administration put forth a proposal for the reduction of some of the fees; Council accepted the proposal. The wording that was being used at that particular time needs to be reworked somewhat prior to being ~laced in the ordinance; he said he anticipated completing this shortly. The City Manager stated he would check into the matter. 5.b. Mr. Bray spoke from the audience stating the flag should be on the left side of the audience, not the left side of the podium. Mayor Scheifley stated the VFW and several other organizations suggested the flag be changed from the right to the left about six months ago. He s~tated the matter would be discussed. 5.c.~ Mrs. Barbara McCoy, resident manager of Southshore Apartments, ~625 S. Ocean Boulevard, stated she is having tremendous problems with young people using her facilities. She is adjacent to the South Beach. She complained of beer cans on the premises, dogs running wild, and people coming onto her property. Cars are parked all around the fire · .ydrant, and are parked on the property at night. When she erects signs, the signs are torn down. She requested that a guard be placed -2- 3-8-76 on the beach with either a telephone or a walkie-talkie to request police patrols when necessary. Mrs. McCoy stated Chief Cochran had told her the Police Department would try to patrol the area Saturdays and Sundays from 10:00 A.M. to 6:00 P.M. She stated nothing has been accom- plished and she complained of the treatment she has received from the dispatchers in the Police Department. Mr. Sanson said he was in this area on Sunday and in the course of a 45 minute period, he observed five different groups of people were on the beach with dogs, none on a leash; a group of four teenagers were smoking marijuana; all of the people had beer, food and drinks and they were throwing the trash on the beach. The park landscaping is being ruined by young people tearing the hearts out of the Spanish Bayonets and they are killing the small pine trees. Mr. Sanson requested that by budget time, discussion be held concerning placing lifeguards in the area. He said the people were extremely rude to Mrs. McCoy. Mr. Sanson called the Police Department and said the dispatcher was not verY friendly when he called. He said Mr. Lincoln, the officer who answered the call, was very nice. The City Manager stated the police will do what they can immediately. He stated expenditures of money for lifeguards would have to be discussed at the time the budget is prepared. Mr. Sanson asked that signs be erected stating No Dogs Allowed and No Beverages. The City Manager stated the signs could be erected, but probably they would be torn down.~ 5.d. Mrs. Phyllis Carey, 524 Andrews Avenue, Delray Beach, spoke concerning the constitutional amendment that will be on the ballot Tuesday. The amendment is a result of the 1972 water and land use management act passed by the legislature. It sets up five or six water management districts throughout the state. In this area, the South Central Flood Control District, the tax is already one mill. This amendment will not change that one mill. It will allow the other water management districts in the state to levy one mill. If they are not allowed to levy one mill, those water management district's money will come out of the General Revenue Fund. ~ 5.e. Mr. William Howard, 200 N.W. 2nd Street, Delray Beach, thanked the Engineering Department for responding to the blocking of an inter- section. He asked the City Attorney when the City Charter went into effect. The City Attorney replied it went into effect last Friday. 5.f. Rev. Semmie Taylor, 1437 S.W. 3rd Street, Delray Beack, spoke on the grievance procedures in the City. He stated a young lady,-had worked in the Fire Department and she felt she was being discrim~inated against. She spoke to the Fire Chief and the City Manager and finally resigned. Rev. Taylor stated he wished to see better communication between the employees and the Administration. He cited several other cases in which employees were allegedly not receiving fair treatment. Rev. Taylor asked what the final recourse was for individuals who are attempting to get some satisfaction. He asked what the grievance pro- cedures were. The City Manager replied the procedures were set forth in full in the City's personnel policies. He explained if the employee is dissatisfied with something in the department, the employee goes to the immediate superior in an attempt to resolve the matter at the.lowest level and in the quickest possible time. If no satisfaction is reached, then the next level superior is contacted. If satisfaction is not reached, then the ~ployee goes to the Department Head. If satisfaction is still not reached, the employee may file a written grievance with the City Manager's office. The City Manager will set a hearing and have all parties of interest give testimony; the City Manager will make the final ruling. A few grievances have reached the office of the City Manager since he has been with the City of Delray Beach. He said he felt he knew which case Rev. Taylor was discussing and he stated before a decision was rendered in that case, the employee resigned. Rev. Taylor asked when an outside interest could be introduced into a grievance. The City Manager replied if a Department Head would welcome input from someone outside the Department, it would be allowed. He stated anyone who wishes to talk on the subject in any cases that reach his office are welcome to do so. The City Manager stated there is in the making an additional grievance system that will probably permit the input of the peers of the employee in the department. He stated he has appointed a -3- 3-8-76 ~i¢ommittee of city employees to draw up a'proposed system of evaluation along this line~ It should be in effect within 30 days from now. 6.a.1. The City Manager stated his office has been informed by EPA that they will require a provision in the agreement with the City's ConsuLting Engineers, Russell & Axon, covering 5 items of a general nature because of the soon-to-be-constructed wastewater plant for which the City expects to receive EPA Federal Grant Funds. The grant offer has already been made to the Cities of Delray Beach and Boynton Beach. Therefore, Supplemental Agreement No. 23 to the City-Russell & Axon Engineering Contract has been drafted for COuncil's consideration tonight. The agreement guarantees, in writing, with contractual arrange- ment with EPA that the firm of Russell & Axon, with respect to all matters involving that firm's participation in the design and drawing of specifications, and the construction of the wastewater treatment plant, will be open to EPA inspection. They will have to give a full accounting of all of their services. Their work will have to be open to audit. It is a guarantee of openness according to EPA'and is a standard EPA regulation that is now in effect. The agreement does not add any cost to the City. The City Manager recommended Council give formal approval to Supplemental Agreement No. 23 with the firm of Russell & Axon. Mr. Randolph so moved, seconded by Mrs. Krivos. Mayor Scheifley asked if Boynton Beach would'have to take similar action. The City Manager replied he would assume that would be the case. Mr.· Sanson asked if this approval would have the effect of hiring the firm. The ~ City Manager replied this would not retain the firm of Russell & Axon for additional services beyond those for which they have already been retained. The motion passed unanimously. 6.ao2. The City Manager reported some time ago Council requested him to secure proposals from professional firms to conduct an evaluation and a management study of the Police Department. At that same meeting, Council requested the City Attorney to obtain proposals from pro~essionals for the conducting of an investigation of the Police Department. The City Manager stated he had secured the proposals concerning the evalua- tion. The proposals are as follows: Bidder Bid Executive Management Services Inc. ~-~ Arlington, Virginia $15,500.0~- International Association of C~iefs of Police 18,500.00 Cresap, McCormick & Paget, Inc. 19,000.00 max. Touche Ross & Company No figure The City Manager stated he would have delivered to Council tomorrow a copy of the above listed proposals. The City Manager stated the City Attorney had interviewed the bidding companies and he would present the findings. The'City Attorney stated his office had coh~acted approximately 18 organizations and/or individuals that might be interested in doing an investigation or evaluation, or both. This was approached with the idea that possibly an investigation could be done alone or in conjunction with an evaluation. The City Attorney recommended that the investigation and evaluation be done as one study. Of the 18 organizations contacted, two have been selected as those to be considered. They are Cresap, McCormick & Paget, Inc., Washington D.C., and Executive Management Services, Inc. from Arlington, Virginia. The City Attorney stated he felt the McCormick firm was very highly qualified, but he recommended to Council that the Executive Management Services, Inc. be retained to con- duct the investigation. He ~tated he would recommend this company because, in addition to having a management consultant who will work on the study who has had 25 years of experience in evaluating Police Departments, he will also be wo2~king with a trained criminal investigator who has worked in Police Departments for approximately 18 years; this investigator has conducted both criminal investigations and internal affairs investigations within Police Departments. He comes very highly -4- 3-8-76 (~eqommended....Tke prica has been quoted for'doing the investigation ~on'e and-.the eyalua~lon alone and doing them together. The Firm sub- ~.£ttCd~ prlCe~ith~it'WgUld'~.be lower if they performed both the evaluation ~.~and~i~vestigati0n, The evaluation alone is $15,500; the investigation ~-~lone is $8,200; both would be a flat fee of $20,200. The bid from ~resap, McCormick & Paget, Inc. was substantially higher. The evaluation ~ould'be $!9,000;~ the investigation would be $14,000; both would be 1528,000; -~<:~' ~ ~e Cit~ Attorney recommended that Executive Management Service, ~in~j'be~retained to do both the evaluation and investigation. Mayor .Scheifley suggested this matter be discussed at next Monday night's _workshop. Mrs. KrivoS asked exactly what type of investigation would 'be conducted. The City Attorney stated it would concern a detailed _analysis of the time period from January 1, 1974 to the present involving 'the personnel practices of the Police Department, the circumstances surrounding the discharges in the Police Department during that time, and would include questioning of every sworn police officer in the Police Department as well as approximately 15 non-sworn personnel. The investi- gators will also talk with persons outside of the Police Department, including the men who have been fired or forced to resign. The City Attorney said the men who have been fired or resigned will be subpoened to testify. If they refuse to testify, the matter will be taken to court to force them to testify under subpoena. He said private citizens will be allowed to testify only to the extent that a particular individual would have personal knowledge of the activities in the Police Department. In response to Mr. Sanson's question, the City Attorney stated the $20,200 is a flat fee that includes all travel and living expenses. The firm indicated they could begin within 10 days and the investigation would be completed within 30 days after that 10 day lapse; the evaluation would take approximately 3 months after the 10 day period. The City Attorney stated the investigation, as it stands now, will be completely outside of the Sunshine Law. After further discussion, the City,Attorney stated he would provide Councilmembers with detailed information on the firm of Executive Management Service, Inc. 6.a.3. The City Attorney reported on the Papy case which was recently filed in Federal Court. It is recommended that the case be referred to the firm of Howell, Kirby and Montgomery; this firm has worked on the matter for over a year in the State Court. The State court case was voluntarily dismissed and the case was moved into Federal Court.-The City Attorney asked that Council recommend that the case be sen~ to them and confirm their representation. Mr. Sanson moved that the City retain Mr. Montgomery's firm to continue on the Papy case with the instructions that he keep work to a minimum until after the investigation, seconded by Mr. Randolph. The motion passed unanimously. 6.a.4. The City Attorney reported the Local Option was conditionally approved by the State Commission in Tallahassee. The hearing was held in Orlando on March 3, 1976. He explained there are some minor changes which must be made as soon as the specific conditions are outlined by the State Commission. 6.a.5. The City Attorney stated he was informed by the City Attorney of Boynton Beach that he would not accept the contract which was submitted with reference to splitting the interest on the escrow deposit of $30,000 equally between Boynton Beach and Delray Beach. He said the amount in- volved was very small. The City Attorney recommended that Council approve the execution of the contract permitting the interest to go to Boynton Beach on the deposit. Mrs. Krivos moved that the contract be executed with the interest going to Boynton Beach, seconded by Mr. Randolph. The motion passed unanimously with Mr. Sanson voting in the affirmative under protest. 6.b. The City Manager reported the following quotations have been received for selling the City one Van-type vehicle for use in the Public Utilit~3s Department: -5- 3-8-76 Bidder B~ Earl Wallace Ford Delray Beach $4,316.00 J~ck Nicklaus Pontiac Delray Beach 4,376.91 It is recommended that the award be made to the ].ow bidder, Earl Wallace Ford, in the amount of $4,316.00 with money to come from funds provided for in the City's budget. Mr. Randolph so moved, seconded by Mrs. Krivos, said motion passing unanimously. 6.c. The City Manager recommended that Council authorize the execution of an agreement with the Town of Gulfstream for the providing of water service to Gulfstream. The City Manager explained the two changes that have been made in the contract. The City Attorney stated the date of March 8, 1976 would be put in Section 5, page 3. Mayor Koch was presented with copies of the agreement. Mrs. Krivos moved that Council enter into the water service agreement between the City of Delray Beach and the Town of Gulfstream, seconded by Mr. Randolph. Mr. Sanson stated he would oppose the motion for the following reasons: 1 - he has repeatedly asked for some type of explanation from the City Administration on substantiating why the 10% surcharge should be charged instead of the traditional 25% and he has received a general response; 2 - he said he questions the validity of providing water to Gulfstream when, at the same time, the City is being told it must expand the water plant because the demand for water is increasing in the City of Delray Beach. He expanded on his statements and said he did not feel justification has been pre- sented for the expansion of the Delray Beach water plant. Upon roll call, Council voted as follows: Mrs. Krivos - yeS; Mrs. Randolph - yes; Mr. Sanson - No; Mayor Scheifley - Yes. The motion passed with a vote of 3 to 1. , Mr. Sanson stated if the City expands the plant and growth fees are introduced, he felt the agreement should have some kind of provision that requires the Town of Gulfstream to bear their fair share. ge stated he felt there would be a tremendous increase in the water rates eventually. The City Manager stated no taxpayer's money would be used to expand the plant to serve not only the people of Delray Beach, but also to serve Gulfstream. The plant will eventually be exp :a~ded with Revenue Bond Issue Money. The bonds will be paid off by revenue raised by the water service charge. The City Manager continued by saying the water surcharge that will be levied on the Town of Gulfstream, in addition to the rate that will be paid by the City of Delray Beach users, will, in part, be used to pay debt service on the bonds. The City Attorney stated a change should be made to the agreement that the Town of Gulfstream shall pay an escalating fee based upon 10% surcharge ever any rate that the City of Delray Beach may set in the future. He said Council should authorize an amendment that the Town of Gulfstream would payl0% over the prevailing rate whether or not it is greater than the rate in effect on the date of this agreement. Mr. Randolph so moved, seconded by Mr. Sanson. The motion passed unanimously. ~ 7.a. The City Manager stated the City is in receipt of an application fOr a certificate of Public Convenience and Necessity from Mr. Joseph Kover d/b/a/ Smokey, Inc. for a new taxicab company to operate within the City of Delray Beach. The applicant proposes to have three taxicabs in operation in the City if he is granted the certificate. The current taxicab companies have been notified of the public hearing to be held; there are 8 licensed firms within the City having a total of 15 taxicabs. The Public Hearing was held, having been legally advertised in compliance with the laws.of the Charter of the City of Delray Beach. Mr. Joseph Kover presented his reasons for requesting the Certificate of Public Convenience. He reported that Delray Beach Taxi had declared bankruptcy; out of the nine cabs in their fleet, only one is operating. He stated he planned to offer 24 hour service. Mr. Mark O'Neal, 4~ N.W. 10th Avenue, Delray Beach; Mr. Harry Miller, representing Yellow Cab and Airport Limousince 3ervice; and Mr. Freddie 24onroe, 305 S.W. 2nd Street, -6- 3-8-76 D~~I~; spoke against the issuance of any further Certificates i~-~~y~-0f Delray Beach, stating if any were issued, they would p~6~t6 apply for them. The Public Hearing was closed. Mr. Sanson a~ed~if~the City Administration would check into each permit to determine if~it is being utilized; he requested proceedings be started against any-that the City felt is not in conformance with the ordinance. The City Manager stated the City Attorney had indicated the City Licensing Department should check into the matter. If a question arises concerning legality, the City Attorney should be consulted. Mr. Randolph said if Delray Beach Taxi is operating only one taxi, he would vote on the issue this evening. Mr. Randolph moved to table the item until the number of taxis being used by Delray Beach Taxi could be verified, seconded by Mr. Sanson. The motion passed unanimously. 7.b. The City Manager stated a communication has been received ~r~ the Delray Beach National Little League requesting permission to ~olicit funds on April 9th and 10th, approval of which has been recom- nended by the City's Colicitation Committee. Mr. Randolph moved for ~uch approval, seconded by Mr. Sanson, said motion passing unanimously. 8.a. 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 LAIND 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 ~ND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 1-76 is attached to the officialI copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. J. W. Nowlin, Sr., 6 S.W. 10th Street, Delray Beach, spoke against the rezoning of the property in question. He stated he owned all of the property described with the exception of a 99 foot lot owned by Mfr. and Mrs. T. P. Wyatt, whom he represents. He. explained in 1968 the City agreed to rezone this property from residential to commercial if Mr. Nowlin and his clients would deed a portion of their property to the City for additional right-of-way for S.W. 10th Street and South Swinton Avenue. He said the portions deeded to the City had a valuation of between $2,000 and $4,000. He stated the Wyatt house is now 10 feet from the right-of-way. Mr. Nowlin presented the history of the zoning of this property. Mr. Nowlin said if Council feels that the continuance of the commercial zoning on his property will be harmful to the City, he and his clients will be willing to withdraw their objection to this ~change in zoning if the City will give them back the tract of land. they deeded in 1968. The City Attorney stated legally the agreement made in 1968 is not enforceable; the City is in the position of owning that land. He stated the City is not legally obligated to give back the land. ~he City Attorney stated contractual zoning is not legal. After further discussion by Council and Mr. Nowlin, the Public Hearing was closed. Mr. Randolph expressed his concern with the original agreement and the need for the rezoning at present. He stated he would like to consider the matter further. Council requested the City Attorney to research the possibility of returning the portion of land deeded to the City by Mr. Nowlin and his clients. Mr. Randolph moved to table the item until March 22, 1976 at 7:30 P.M. and that the matter be brought up as early as possible on the agenda, seconded by Mrs. Krivos. Upon roll call, ~s. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Ordinance No. 5-76. 3-8-76 m;~. ~.~.O3{DINANCE OF TIIE CITY COUNCIL OF TIlE CITY ~:,DELRAY /ff~E~II FLORIDA, ANNEXING TO TIlE CITY OF DELRAYfiB~ACIt >3a~T ~8,. LAKE SItORE ESTATES, WtIICH LAND IS CONTIGUOUS TO D,.EXIS ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING-THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAN~i~pROVIDING FOR TIlE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PRO- ~'-~VIDING FOR THE ZONING TItEREOF (Copy of Ordinance No. 5-76 is attached to the_officia~ copy of these minutes.~) _ . .. ~ .~ . ~ .~ .~ :.~ f~<. The City Manager read the caption~of'the ordinance. A Public hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 5-76 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.c. The City Manager presented Ordinance No. 7-76. AN ORDINANCE OF THE CITY COUNCIL'OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A FINANCIAL ADVISORY BOARD; DEFINING THE BOARD'S COMPOSITION, DUTIES AND POWERS; STATING THAT THE BOARD'S ACTIONS ARE ADVISORY ONLY. (Copy of Ordinance No. 7-76 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public He~ring was closed. Mr. R~ndolph moved for the passage of Ordinance No. 7-76 on second and final reading, seconded by Mr. Sanson. Upon roll call, Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Mr. Sanson asked what method would be used to appoint the members to the Board. The City Attorney replied appointments were in order at any time. Mr. Sanson asked that this matter be scheduled for the workshop to be held on March 29th. Council agreed to present names to be considered. 9.a. The Planning and Zoning Board at a meeting held on February 17tH recommended by unanimous vote that a parcel of land in Section 19-46-43, located north of Linton Boulevard between Congress Avenue and the E-4 Canal in Delray Beach Highlands (Rainbow Homes) be rezoned from RM-15 (Multiple Family Dwelling) District to R-ia (Single Family Dwelling) District because of the following: (1) The existing land use of the subject property is 96% occupied by single family structures and lots;~ - (2) The present RM-15 zoning is contrary to the existing land use patterns; (3) The rezoning to R-la will insure a decrease in population, traffic, and strain on public facilities; (4) The present RM-15 zoning district boundaries are illogically drawn in relation to the existing conditions; (5) Changing conditions have made this rezoning necessary. Mr. Randolph moved to authorize the City Attorney to draft an ordinance rezoning the property, seconded by Mrs. Krivos, said motion passing unanimously. --8-- ~-8-76 9%'b¥~ ..... The City Manager reported'the'Planning and'Zoning~BOard at a m~eting held on February 17th recommended by unanimous vote that the - north-south alley which abuts Lots 1-12, Block 2, Replat of Ida Lake Terrace, located west of N.W. 3rd Avenue between N.W. 12th Street and N.W. llth Street, lying in Section 8-46-43 be abandoned. The Engineering Department has no objection to the abandonment provided the entire 16 feet are retained as a utility easement. The City Manager stated a motion should be made to direct the City Attorney to prepare a resolution to abandon the alley with the provision for the retention of the utility easement. Mrs. Krivos so moved, seconded by Mr.. Randolph, said motion passing unanimously. 9.c. The City Manager reported the Community Appearance Board recommended by unanimous vote that the plans for a temporary sign at 3600 Service Corporation, 643 Lindell Boulevard, be approved. Mr. Sanson ~o moved, seconded by Mr. Randolph, said motion passing unanimously. The City hanager reported the Community Appearance Board ~ecommended by unanimous vote that the plans for blocking in windows at Fredericks II House of Beauty, 319 N.E. 2nd Avenue, be approved with the condition that the building be used only for commercial property. Mr. Randolph moved to sustain the recommendation of the Community Appearance Board, seconded by Mr. Sanson, sa~d motion passing unanimously. 9.e. The City Manager reported the Community Appearance Board recommended by unanimous vote that a new sign at Mack Industries, 151 N.W. 18th Avenue, be approved with the elimination of all trim and all lettering except the Mack symbol with colors as shown. Mr. Sanson moved to sustain the recommendation of the Community Appearance Board as outlined with their conditions, seconded by Mr. Randolph, said motion passing unanimously. 9.f. The City Manager reported the Community Appearance Boar~ recommended by unanimous vote that a new sign at Harbourside Condominium on South Federal Highway, be approved. The City Manager said such approval would be contingent upon the sign meeting all City requirements. Mr. Sanson moved that this item be added to the agenda and that Council sustain the recommendation of the Community Appearance Board with their conditions being met, seconded by Mr. Randolph, said motion passing unanimously. 10. The following Bills for Approval were unanimously approved on motion by Mr. Randolph and seconded by Mr. Sanson. General Fund ............ $330,205.98 Water and Sewer Fund ........ 110.70 Cigarette Tax Fund ......... 20,557.50 Utility Tax Fund .......... 2,882.08 Federal Revenue Sharing Fund .... 1,550.00 Mr. Sanson asked why May, Zima & Co. are paid from Federal Revenue Sharing Funds. The City Mangger stated they are paid from Federal Revenue Sharing Funds for auditing the Federal Revenue Sha~ing Funds which is a separate audit. Mr. Randolph moved to adjourn the meeting, seconded by ~. Sanson. The motion passed unanimously. The meeting was adjourned at 10:50 P.M. City Clerk MAYOR -9- 3-8-76 ORDINANCE NO. 1-76. ~ AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF DELRAY BEACtI, FLORIDA, REZONING AND PLACING THAT PORTION OF TIlE NORTttEAST QUARTER OF LOT 13 OF THE MODEL LAND COMPANY'S SUBDIVISION IN SECTION 20, TOWNStIIP 46 SOUTH, RANGE 43 EAST, SAID PROPERTY BEING LOCATED AT THE SOUTtlWEST 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". ' ' ' WHEREAS, the Planning and Zoning Board has recommended rezoning and Placing land presently zoned SC Specialized Commercial District in "R-lA' Single Family Dwelling District"; 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-1A~ Single Family Dwelling District" as defined by Chapter 29 of the Code o~ Ordinances of the City of Delray Beach, to-wit: N 165' of E 1/2 of Lot ~3 less W 474' and less N 40' right-of-way and the E 15' of the W 474' of S 85' of N 165' of the E 1/2 of Lot 13; And S 44.1' of N 1/2 of NE 1/4 of Lot 13 less E 293' thereof and less W 10' right-of-way; And S 1/2 of NE 1/4 of Lot 13 less W 10' right-of-way and less Easterly i- right-of-way, all in Section 20-46-43, all in NE 1/4 of Lot 13 of the Model Land Company's Subdivision of portions of Township 46 South, Range 43 East as recorded in Plat Book 1 at page 4 of the Public ~Records of Palm Beach County, Florida; AND W 85' of E 293' of S 44.1' of N 165' of E 1/2 of Lot 13 in Section 20-46-43 in the NE 1/4 of Lot 13 of the Model Land Company's Subdivision of portions of Township 46 South, Range 43 East as recorded in Plat Book 1 at page 4 of the Public Records of Palm Beach County, Florida ..... [~ 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. That 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 day of , 1976. ATTEST: M A Y O R City Clerk First Reading Januarary 12, 1976 Second . Ro~., ding. 80B 1855 Delray'Bcach, Fla. 33444 ORDINANCE NO. 5-76 --- AN OllDINANCE OF ~IE CITY COUNCIL OF THE CITY OF DELRAY BEACII, FLORIDA, ANNEXING TO TIlE-CITY OF DELRAY BEACH LOT. 8, L~d(E SHORE ESTATES, W}IICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID'CITY; REDEFINING · BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGIITS AND OBLIGATIONS OF SAID IJ~ND; AND PRO- VIDING FOR 55{E ZONING THEREOF. WHEREAS, DR. ANGELO V. pA'CE is the fee simple owner of the property hereinafter described; and, ¥~EREAS, DR. ANGELO V. PACE, by his petition, has consented and given p. ermission for the annexation of said property .by the city of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized .to annex lands in accordance with Section 185.1 of the city Charter of said City granted to it by the State of Florida, NOW, THEREFORE, BE IT ORDAINED 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, palm Beach County, Florida, hereby, annexes to said City the following described tract of land located in Palm Beach County,. Florida, which lies contiguous to said City, to-wit: .- · Lot 8, Lake Shore Estates, a6cording to the Plat thsreof, as redorded'in Plat Book 25, Page 26' of the Public Records of Palm Beach County, Florida,' .SECTION 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby declared to be' within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tra'ct of land hereinabove described is hereby declared to be.. in Zoning District R-tAA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. .T~'at the l~n'd herei~above described shall immediately - become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities., ordinances and 'laws to which lands in the City of Delray Beach are now or may be subjected add persons residing thereon i shall be deemed citizens 6f the City of Delray Beach. · · · ' SECTION 5. That if any word, phrase,' clause, sentence or part of this ordinance shall be declared illegal by a Court of competent jurisdiction, .such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in ~regular session on the second and final reading on the 8th day of March , 1976. -- ATTEST: " . _ _ 22/.~.$. First Reading Fo. brunr~ }.0, ]~76 ~ S3cond: Roading__~rSl~8. 19.76 80C ORDINANCE NO. 7-76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A FINANCIAL ADVISORY BOARD; DEFINING THE BOARD'S COMPOSITION, DUTIES AND POWERS! STATING THAT THE BOARD'S ACTIONS ARE ADVISORY ONLY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS~ SECTION 1. That there is hereby established for the city of Delray Beach, Florida a Financial Advisory Board to have the composition duties and powers as set forth below~ A. ~Qmposition. A Financial Advisory Board is hereby established ' consisting of five (5) regular members, each of whom shall be appointed by the City Council for a term of two years. In addition, there shall be appointed two (2) alternate members to be designated as Alternate No. 1 ~nd Alternate No. 2. Alternates shall be appointed for a term of two years. ~ney shall be called by the Chairman to sit as members of the Board in their designated order whenever any regular member is absent. B. Term of Office. Of the members first appointed to the Board,. three (3) shall serve for one (1) year, two (2) shall s~rve for two (2) years. The alternates shall serve-for two (2) years. Thereafter members shall be appointed for two (2) year terms. C. Qualifications for Board Nembers. .b~embers of the Board shall be appointed from electors of the city and shall be kno%~n to have expertise applicable to'municipal finance and/Or an exten- sive educational and/or occupational background in finaD'cial investment fields. By way of e~ample and not by limitation, members of the Board may be drawn from such occupational areas as financial investment consultants, certified public account- ants, and tax attorneys. D. Quorum. Four (4) members in attendance shall constitute quorum of the Board. · E. ya~ancies. Vacancies on the Board shall be filled by appointr ment of the Council for the unexpired term of the membership vacated. F. Removal. The city Council shall have the authority to remove any ~:ember of the Board from office whenever'a majority of the Council votes for such a r~moval, G. Compepsation. The Members of the Board. shall serve ~ithout compensation. H. MeetJnqs,_Dates, Procedures~ Records~ .The Board shall select its own Chairman, Vice-Chairman, and any other officers it deems .. necessary at an election held at fts first formal meeting and annually thereafter. The Board shall conduct its meetings pur~ suant to the rules and regulations provided for in Robert's Ru].es of Order. The I~oard shall establish as many regular meeting dates as it desires which will be adhered to but at least one (1) regular meeting of the Board shall be held each quarter of the fiscal year. Special meetings :nay be called by the Chairman 80D or any three (3) Members of the Board. Action by or decision of the Board shall be determined by motions duly moved, sec- onded and carried by not less than three (3) Member of the Board. The Board shall keep a permanent record of its pro- Ceedings and shall file approved minutes of its meetings with the City Council and City Mansger within thirty (30) days of the date of any such meeting. All. meetings, records and files of the Board shall be open and available to the publ i c · I. Assistance from other A~encies ~nd ]3o~rds. The city Manager is instructed to direct the Director of Finance to advise and assist the Board in all its deliberations on matters of finance. The city Manager shall provide such staff and clerical assistance as the Board may request in the perform- ance of its duties. The Board may call upon any department or agency of the city for information or advice in the pro- motion of its works. The Board, ~ith Council approval, may accept grants or other monetary or fiscal assistance to aid it in its J. Public Communics. tion. The Board shall have on its agenda for each regular meeting a time period when the public may make conur~nt. SECTION 2. Duties and Powers. The Financial Advisory Board shall have the following duties, powers and responsibilities~ A0 Annually study th~ City ~anager's proposed C~ty Budget and any Capital Improvement Program~ They shall then for~ard ~o Council a report on their study %,ith any comments or rec- ommendations a majority of the Board agrees to. At such time as the city Manager. transmits a copy of the proposed Capital Improvement Program (s) and the Budget to City Council, he shall also transmit a copy of the same to the Finance91 Ad- wisory Board. B. Study each of the city Manager's quarterly financial reports and any capital Improvement Program status reports and for- ward to Council the findings of their study with comments. The City ~anager shall foz~¢ard adequate copies of the reports %0 the Board no later than the time Council receives their copies. C. Annually study the status of all City Special and Reserve Funds. .The Director of Finance shall submit a comprehensive report to the Board on or before July 15th of each year'-spec- ifying the status of the funds as of June 30th. The Board shall then submit written comments and recommendations on their utudy ~o i~h~ ~ty Co~n~ii ~ ~]~u Ci:y ~;anager for their considerat~% on or before Augusk D. Review the annual financial audit report of the City's fiscal status, practices and procedures including a review of the competency of the audit company and fairness of price of the audit. Copies of the report shall be forwarded by the City Ma~age~ to the Board promptly after receipt from the auditor. ~%e Board shall .provide its conm]ents and reuommendations to the City Count:il and City }~anager with].n ten (10) days after receipt of the audit report from the city Manager. E. Submit a written recommendation to City Council for all pro- posed bond ~ssues and refunding agreements. The City Admin- · ord. No. 7-76 80E istration will provide the Board ~¢ith any necessary materials they will need to study the subject. F. ttaVe the right to review existing or proposed long term con- tracts and convey to the City Council any recommendations · they deem advisable. G. Review when the city CounCil or city Manager deems it 'advis- able, the fiscal impact created by any proposed ordinances, resolutions, or actions. The Board shall respond to such requests ~it'h written comments and recommendations within ten (10) days of receipt of such requests. H. Study and give recommendations to the City Council and city Administration on the investment of. any public funds except pension plan funds for a temporar~ period. The Financial Advisory Board may also to the extent that it is not incon- sistant with other Ordinances now in existence in the City, study and give recommendations to the appropriate Pension Fund Board as to the investment of pension plan funds. .The investment of pension plan funds is provided for in other City Ordinances and it is not intended that this Ordinance shall in any way modify or repeal such pension plan Ordin- ances, I. The foregoing statement of duties and powers of the Fihancial Advisory Board shail be exclusive. The Financial Advisory Board herein created shall have no other powers than those specifically set forth above. SECTION 3. Power of Board. The Board action will only be advisory. The.actions, decisions and recommendations of the Financial Advis- ory Board shall not be final or binding on the city Council, City Manager or .city Departments. SECTION 4..Specific authority to codify this Ordinance in the City Code of Ordinances is hereby granted. PASSED and ADOPTED in regular session on second and final reading on this the 8th day of March .. , 1976. ~ ..City Clerk First Reading February 10, 1976 Second ReadJ..ng March 8, .1976 - 3 - Ord. No. 7-76