Loading...
04-12-76 APRII. 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, April 12, 1976, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. 1. The opening prayer was delivered by Rev. Robert Klemm, Trinity Lutheran Church, Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the special meeting of April 5, 1976 were ~nanimously approved on motion by Mr. Sanson and seconded by Mr. Randolph. 4. Mayor Scheifley read a Proclamation proclaiming April 18 through April 24, 1976 as Private Property Week. Mayor Scheifley read a Proclamation proclaiming May 1, 1976 as Law Day, U. S. A. Mayor Scheifley read a Proclamatio~ proclaiming May 9 through May 15, 1976 as Delray Beach Mental Health Week. Mayor Scheifley read a Proclamation proclaiming April 18 through April 24, 1976 as Secretaries Week, and April 21, 1976 as Secretaries Day. Mr. Randolph asked the City Manager to have the $600,000 Street and Sidewalk Bond Issue rescheduled for the next workshop meeting. The City Manager replied this item will be placed on the agenda for the next workshop meeting or the workshop meeting following. Mr. Randolph stated that the issue of a City Manager has not been resolved. Mr. Randolph also stated that the question of what is termed as a reasonable time for appointing a permanent City Manager Was asked at the Special Workshop meeting on April 12, 1976. Mr. Randolph asked the City Attorney to define what he meant as a "reasonable time." The City Attorney replied the City Charter states that a permanent City Manager will be appointed with- in a reasonable time after an acting City Manager is appointed. What is reasonable depends upon the circumstances in which the municipality is operating at a particular time. The City Attorney further added that a specific number of days' limitation cannot be made. Mr. Sanson moved that the item of appointment to the vacancy of the council seat be placed under Item 4.a., seconded by Mr. Weekes. The motion passed unanimously. Mr. Sanson moved that Resolution 20-76 be added to the agenda under Item 8.d.1, seconded by Mr. Randolph, said motion passing unanimously. Mr. Sanson thanked the Building Department and Mr. Reid and the City Manager's Office for the removal of billboards and illegal signs located at the end of Linton Boulevard on Federal Highway. Mr. Reid indicated he plans a campaign to remove illegal signs throughout the City. Mr. Sanson stated it was brought to his attention at the last Community Appearance Board meeting that three of the signs they were considering had already been erected. The Phillips 66 station on Federal Highway has erected a sign that has not come before the Community Appearance Board. Three signs were erected without given per- mission. ~r. Sanson asked the City Manager why signs are being erected before receiving approval. The City Manager replied he will check into thi~ matter. Mr. Sanson further stated the Community Appearance Board minutes reflect that situation. Mr. Sanson also questioned the situation of Boynton Beach tapping into ~D water lines. The City Manager added that he did not recall a specific time limit being put on the approval. Mr. Sanson added that it was his understanding this was not a blanket approval for Boynt.on Beach to use the water at any time. The City Manager added that he would check the contract. Mr. Weekes moved that the status of City Manager be placed on the Agenda for consideration under Item 4.b., seconded by Mr. Randolph, said motion passing unanimously. 4.a. Mr. Sanson moved for the appointment of Mr. John E. Gomery, Jr. to fill the vacancy of the unexpired term of Mr. Andrew Gent, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 4 to 0. Mr. John E. Gomery, Jr. subscribed to the Oath of Office administered by Mrs. Elizabeth Arnau, City Clerk. 4.b. Mr. Weekes moved for the appointment of ~. Eldon Mariott as ~i~y Manager for an indefinite term to serve at the pleasure of Council, seconded by Mr. Randolph. Mr. Sanson stated he would support the motion on the basis that Resolution 19-76 formalizes and starts the investiga- tion of the Police Department. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. The City Manager expressed his appreciation to Council. He further added that he is deeply concerned when a reference is made to the effect that his future as City Manager is tied to the Police Department Investigation and Evaluation or any other investigation of the City. He stated he knows he is not guilty of any illegal acts in connection with the Police Department or any other department or any other action of the City. Any actions that he has taken in the past and at the present have been dictated solely by information brought to him through Proper channels and at no time has he known of any illegal acts on the part of any City employees with regard to the Police Department or any other department of the City. Had he known of any illegal acts, he would have been the first person to do something about it. He issued a challenge to anyone sitting in the meeting, if they knew of any corruption in the Police Department or any illegal acts, that those persons should have come forward and made it known. No one more than himself wants to see that right is done and that justice'is done. He Stated he did much in attempting to uncover any possibility of unlawlessness or corruption . For that purpose, he called in each member of the Police Department for an indiv- idual conversation in confidence. He asked questions of each police employee designed to illicit information. In each case, the answer was no, they did not have that information. When each employee left his office, he made handwritten notes stating what the employee had said. He is waiting to see, among other people of the City, just what comes from the investigation. The truth in 1974 and 1975 still remains the truth in 1976. Whatever the cards ~are, he is willing to stand or fall with them because he knows that his skirts are entirely clean. 5. There were no public requests from the floor. 6.a.1. The City Manager reported the term of J. C. Collier, Jr. on the Civil Service Board expired on April 1, 1976. This was reported to Council at the last workshop meeting. Mr. Collier plans to leave the City due to a job transfer; however, Mr. Collier stated he will be available through May 26, 1976 for continued service on the Board. The City Manager stated the Board has several actions that are pending which need immediate attention and recommended that Council reappoint Mr. Collier to the Civil Service Board, realizing the service will be of very short duration. Mr. Randolph moved for the reappointment of Mr. Collier to the Civil Service Board through May 26, 1976, seconded by Mr. Sanson, said motion passing unanimously. 6.a.2. The City Manager reported he has received an application from the Patio Beauty Salon, 648 N. E. 8th Street, for Council to override the decision of the Community Appearance Board. The City Manager requested this item be deferred to the end of the agenda under Item 9.e. Mr. Randolph moved this item be placed under Item 9.e., seconded by Mr.. Sanson, said motion passing unanimously. The City Manager stated the City Attorney h~s recommended that Item 8.e. concerning the rezoning of the Nowlin property on South Swinton Avenue and S. W. 10th Street be discussed under Item 6.a.3. Mr. Sanson moved that Item 8.e. be moved to item 6.a.3., seconded ki Mr. Weekes, said motion passing unanimously. - 2 - 4-12-76. 6.a.3. Mayor Scheifley stated at this time, the second and final reading of Ordinance 1-76 relative to rezoning the southwest corner of Swinton Avenue and S. W. 10th Street, will be considered. City Attorney Saberson stated Council had requested that he check into the possibility of reconveying to Mr. Nowlin the 15 foot right-of-way that was conveyed to the City by Mr. Nowlin and also by the Wyatt family who own property included in this rezoning. Council minutes and documentation of Mr. Nowlin reflect that in 1968 when the rezoning to a commercial zoning classification was originally considered, it was conditioned upon the conveyance of Mr. Nowlin and Mr. & Mrs. Wyatt of the 15 foot right-of-way. After researching the matter, the City Attorney stated there is a specific case law in Florida that prohibits the kind of conditional zoning that was purportedly made in this case, and if there were such an agreement, it would be invalid. In addition, Florida statutes require a written agreement in land issues. The City Attorney stated one additional change has come to his attention and that is the Wyatt property is subject to now, and was subject to at the time of the con- veyance to the City, a mortgage. It would be a very easy matter for Mr. Nowlin to purchase that mortgage releasing a portion of the property and foreclosing on the 15 feet and thereby take title to the 15 feet. The City Attorney stated the mortgage is $2,600 and based uPon that, he would recommend that the City either buy out the mortgage or reconvey that 15 feet to Mr. & Mrs. Wyatt. The City Attorney advised he had dis- cussed this matter with Mr. Nowlin and that if Council would agree to reconvey the Wyatt property based upon the recommendation of the City Attorney, Mr. Nowlin would remove his objection to the rezoning. Mr. Weeks moved that the City Attorney prepare a deed to con- vey the 15 feet of property formerly owned by Mr. & Mrs. Wyatt and formerly deeded to the City, back to the Wyatts. This property is loca- ted on the south side of S. W. 10th Street slightly west of the inter- section of Swinton Avenue~and S. W. 10th Street. The motion was seconded by Mr. Gomery, said motion passing unanimously. 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 FANCILY DWELLING DISTRICT AND ~%~ENDING "ZONING ~P OF DELRAY BEACH, FLORIDA, 1972". (Copy of O~dinance No. 1-76 is attached to the official copy of these minutes.) The City Manager read the. caption of the ordinance. A Public Hearing was held on this Ordinance on March 8, 1976. Mr. Sanson moved for the passage of Ordinance No. 1-76 on the second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 6.b. Mr. Serafin Leal stated he had been asked to speak before Council in regard to the invoice of Candeub, Fleissig and Associates pertaining to the preparation of a zoning report and oral presentation of report to Council concerning the rezoning of the Hoffmann property. The City Manager reported that the City Attorney, in consultation with the above-mentioned consulting firm, was able to secure a reduction in the bill in the amount of $500 from the original bill. After securing this reduction, the City Attorney recommended that $1,710.40 be paid. Mr. Sanson stated that he was very disappointed in the presentation compared to what was charged and could not justify Mr. Candeub's trip to Florida when all he did was read off a prepared statement, much of which material already had been prepared by the firm and submitted to Council. Mr. Leal advised that it was his misunderstanding that Mr. - 3 - 4-12-76. Candeub was to make the trip to Florida and accepted this as his mistake. As a result, the firm reduced the bill including all the time and travelling expenses that Mr. Candeub had with respect to his trip to Florida. Mr. Weekes moved that the City pay the bill to Candeub, Fleissig and Associates in the amount of $1,710.40, seconded by Mr. Randolph, said motion passing unanimously. 6.c. The City Manager reported that the Civil Service Board has requested that Council change the date of the Civil Service election from April 19, which is a City holiday, to April 20, 1976. Mr. Randolph moved the date of the Civil Service Board election be moved from April 19 to April 20, 1976, seconded by Mr. Gomery, said motion passing unanimously. 6.d. Mayor Scheifley asked that consideration be given to the amendment to the contract for the sale of an undivided one-half interest in the 34+ acre sewage treatment plant site to the City of Boynton Beach. ~ke City Attorney stated tkat this is the second amendment that Council has considered with regard to this contract. The first amendment was in regard to the interest and this amendment relates to the repayment of the funds being paid by the City of Boynton Beach in the event that the plant construction is not commenced within 24 months, or if prior tc that time both cities acknowledge that the plant will not be constructed. Mayor Scheifley stated Delray Beach is losing over $50.00 a day interest on this matter and recommended the matter be cleared up. Mr. Weekes stated if this land is not being used for a sewer plant site, the City of Boynton Beach reconvey at the same price to the City of Delray Beach that undivided one-half interest. Mr. Weekes asked the City Attorney when this item will be closed. The City Attorney stated this is tentatively set for May 4, 1976. Mr. Sanson stated he feels this is purposely being delayed by the City of Boynton Beach and stated if a motion is to be made, he feels there should be a condition that if Boynton Beach does not close this deal on May 4, 1976, then Delray Beach withdraw the offer as to the price of the land. The City Attorney advised that if Boynton Beach does not close on May 4, the offer be automatically withdrawn. Mr. Weekes moved that Council accept the amendment, seconded by Mr. Gomery, said motion passing unanimously. 6.e. The City Manager reported Council agreed at the March 31, Council Workshop meeting, to appoint the following people to the Financial Advisory Board; five members, with two alternate members. Mr. Sanson moved for the appointment of the following to the Financial Advisory Board: Term Expires Paul Ledridge Regular Member April 12, 1977 William M Nix Regular Member April 12, 1977 Joseph Saetta Regular Member APril 12, 1977 Willard B. Young Regular Member April 12, 1978 John Bazley Regular Member April 12, 1978 Evert A. Young Alternate Member April 12, 1978 John E. James Alternate Member April 12, 1978 The motion was seconded by Mr. Randolph, said motion passing unanimously. 6.f. The City Manager reported Council agreed at the March 31 Council Workshop meeting, to reappoint Mr. Matt Gracey to the Police- Firefighters Pension Board. Mr. Weekes moved Mr. Matt Gracey be reappointed to a three-year term on the Police-Firefi~hters Pensiq~ Board. with term ending April 22, 1979, seconded by Mr. Randolph. The motion passed unanimpusly. The City Manager reported Council agreed at the March 31 Council Workshop meeting to sustain Mr. Kelly's recommendation that Mr. Gomery be appointed to fill the unexpired term of Mr. Kelly and that Mr. Robert Stafford be appointed as an alternate me.~Lber on the Com- munity Appearance Board. The City Manager recommended that Mr. Stafford be considered as successor for Mr. Gomery due to the fact Mr. Gomery has been appointed as a member of Council. Mr. Sanson moved Mr. Robert Stafford be appointed as a regular member to the Community Appearance Board to fill the unexpired term of Mr. Pete Kelly, whose term expires August 25, 1977, seconded by Mr. Randolph. The motion passed unanimously. - 4 - 4-12-76. Council agreed to ask the Community Appearance Board for recommendations for an alternate member. Mayor Scheifley advised that as a member of the Solid Waste Authority for the County, he had appointed Mr. Gomery to the Citizen's Advisory Board. He asked that Mr. Ellingsworth of the Chamber of Commerce advise the Board of Directors to recommend a replacement for Mr. Gomery. The City Manager stated that he would take care of this matter. 6.h. The City '~M~nager reported Council informally endorsed at the March 31 Council Workshop meeting the mailing of the Public Opinion Survey recommended by the Planning and Zoning Board and is now recommending Council authorize this mailing by motion. The City Manager stated every registered voter in the City will receive a cory of the Survey. Mr. Sanson moved to authorize the Public Opinion Survey mailing with funds to be allocated as needed from federal grant funds and general contingency fund. The motion was seconded by Mr. Randolph, said motion passing unanimously. 6.i. The City ~anager presented Ordinance No. 14-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING A FORFEITURE OF THE FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM GRANTED TO TELEPROMPTER FLORIDA CATV CORPORATION BY ORDINANCE NO. 36-71, RESERVING UNTO THE CITY OF DELRAY BEACH ANY RIGHTS OF RECOURSE UNDER THE TE~4S AND CONDITIONS OF SAID FRANCHISE. The City Manager read the caption o~ the ordinance. Mr. Weekes moved for the adoption of Ordinance No. 14-76 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 7.a. Mayor Scheifley congratulated Mr. Everett P. Palmatier on his election as President of the Beach Property Owners' Association. Mr. Palmatier made a presentation outlining several projects that the Board of Trustees of the Beach Property O%~ners' Association recommend for Council consideration. They are as follows: 1. City Council meetings be shortened with emphasis being placed on limiting the speaking time of citizens under agenda item - Public Requests from the Floor. 2. Need for new procedures under which the services of a City Manager or City Attorney may be terminated. 3. Better police coverage and protection in the area east of the waterway particularly when the South Beach is opened. 4. Recommend Civil Service Board be made elective instead of appointive. 5. Total elimination of the A1A pool and approval to expand the S. W. recreation site. 6. Development of the South Beach and parking areas. 7. Better and additional street lighting. 8. Combining state primaries and local elections. 9. Review of pension plans. 10. Budget recommendations. Miscellaneous items under study by the Beach ~roperty Owners' Association are: 1. Beach Renourishment - 5 - 4-12-76. 2. Construction of South 12th Street Bridqe. 3. Environmental factors in construction. Mayor Scheifley suggested that Council consider the'se items. 7.b. The City Manager reported he has received a request from Mr. Mark O'Neal of 49 N. W. 10th Avenue, of O'Neal's Friendly Cab for permission to add one taxicab. In accordance with the ordinance pro- vision, it is recommended Council set a public hearing on this request to be held at the April 26 Council meeting. Mr. Randolph moved that Council hold a public hearing on this request at the April 26 Council meeting, seconded by Mr. Weekes, said motion passing unanimously. 7.c. The City Manager reported the O'Neal Priest Post of Veterans of Foreign Wars is requesting permission to solicit funds on April 23 and 24, 1976. Approval has been recommended by the City Solicitations Committee. Mr. Sanson moved for the approval of the O'Neal Priest Post of Veterans of Foreign Wars to solicit funds on April 23 and 24, 1976, seconded by Mr. Randolph, said motion passing unanimously. 7.d. City Manager Mariott reported the City has received a request from the Palm Beach Area Planning Board concerning the first meeting of the Areawide Advisory Group. The Area Planning Board is requesting Delray Beach to designate two representatives, one an elected official and one a private citizen. They would like the appointments to be made to enable the two designees to attend the first meeting which is to be held at 1:30 P. M. on Thursday, April 29, 1976. Mr. Weekes moved that Mr. Wallin be appointed as the private citizen representative and Mr. Gomery as the elected official representative, seconded by Mr. Randolph. The motion passed unanimously. 7.e. Mayor Scheifley acknowledged the minutes of the Beautification Committee for the meeting held on March 3, 1976. 8.a. The City Manager reported the following bids have been received to install a lighting system for regulation Little League Field located at Teen Town: Item 1 - Certain portions of electrical system for lighting: Bidder Quotation B & L Electric, Ind. $5,500.00 Delray Beach Russell W. Jennings 5,660.00 Delray Beach Electrical Systems, Inc. 6,000.00 Delray Beach Rigsby's Electric Company 6,575.00 Delray Beach Item 2 - Purchase units as manufactured by Wide-Lite Corpora- tion to install lighting system: Bidder Quotation Raybro Electric Supplies, Inc. $9,396.00 Orlando Graybar Electric Company, Inc. 9,818.00 West Palm Beach Consolidated Electrical Distributors, 9,899.00 Inc., West Palm Beach - 6 - 4-12-76. Item 3 - Pole for lighting installation: Bidder Quotation Koppers Company, I~c. $2,078.28 Gainesville Hughes Supply, Inc. 2,336.72 Pompano Beach Item 4 - Aluminum electrical control panel for lighting system: Bidder Quotation Sherman S. Clark $325.00 Delray Beach Clarke Taylor Welding 350.00 Delray Beach City Manager Mariott stated it is recommended that contracts be awarded to the low bidders by passage of Resolution No. 16-76 with financing to come from the Revenue Sharing Fund. Item 1 - B & L Electric, Inc. $5,200.00 Item 2 - Raybro Electric Supplies, Inc. 9,396.00 Item 3 - Koppers Company, Inc. 2,078.28 Item 4 - Sherman S. Clark 325.00 TOTAL $17,299.28 The City Manager presented Resolution No. 16-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTATION OF CONTRACTS AND THE PURCHASING OF CERTAIN MATERIALS TO INSTALL LIGHTING SYSTEM FOR REGULATION LITTLE LEAGUE BALL FIELD LOCATED AT TEEN TO?~ RECREATION CENTER, CITY OF DELRAY BEACH, FLORIDA, AS SHOWN ON DRAWING NO. 3-11-76DB. (Copy of Resolution No. 16-76 is~'attached to the official copy of these minutes.) Mr. Weekes stated for the record that three of the bidders under Item 1 are customers of his for insurance purposes, and he has no direct interest with the bidders. Mr. Sanson moved for the passage of Resolution No. 16-76, seconded by Mr. Randolph. Mr. Randolph added that a press box be considered for the field, and requested this item be added to a Council workshop agenda. Upon roll call, Council voted as follows: Mr. Gomery - Yes; ~Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote Df 5 to 0. 8.b. The City Manager presented Resolution No. 17-76. A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING REENACTMENT OF FEDERAL REVENUE SHARING OR IN THE ALTERNATIVE AN EXTENSION OF THE FEDERAL REVENUE SHARING PROGRAM TO PERMIT LOCAL UNITS OF GOVERNMENT AN ADJUSTMENT PERIOD. (Copy of Resolution No. 17-76 is attached to the official copy of these minutes.) Mr. Sanson recommended that Section 3 be rewritten to list the names of the Senators first. Mr. Randolph moved for the passage of Resolution No. 17-76, seconded by Mr. Weekes~ Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. - 7 - 4-12-76. 8.c. The City Manager presented Resolution No. 18-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, REQUESTING THAT THE FLORIDA STATE LEGISLATURE ENACT LEGISLATION TO EITHER PROHIBIT THE USE OF DISPOSABLE CONTAINERS FOR CERTAIN BEVERAGES WITHIN~THE STATE OF FLORIDA OR SUBMIT TO THE · ELECTORS OF THE STATE OF FLORIDA A "BOTTLE BILL" REFERENDUM AT THE NEXT FEASIBLE ELECTION. (Copy of Resolution No. 18-76 is attached to the official copy of these minutes.) Mr. Sanson requested that Section 3 be changed to ~ead "That if the above requests are not acceptable, that, as an alternative" ...... Mr. Sanson moved for the passage of Resolution No. 18-76, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.d. City Manager Mariott presented Resolution No. 19-76 and stated that he and the City Attorney both recommend the adoption of the resolu- tion authorizing the Police Investigation and Evaluation. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,. FLORIDA, AUTHORIZING NEGOTIA- TION AND PURCHASE OF SERVICES TO BE PERFORMED IN THE CONDUCT OF AN INVESTIGATION AND EVALUA- TION OF THE POLICE DEPARTMENT OF THE CITY. OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 19-76 is attached to the official copy of these minutes.) Mr. Weekes moved for the adoption of Resolution No. 19-76, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sa.nson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.d.1. The City Manager presented Resolution No. 20-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH TO ALL MEMBERS OF THE FLORIDA STATE LEGISLATURE STRONGLY OPPOSING THE PUBLISHED PROPOSED AMENDMENTS TO PART VI, CHAPTER 553,1974 SUPPLEMENT TO THE FLORIDA STATUTES AND STRONGLY URGING THAT THE LEGISLATURE MAKE CERTAIN AMENDMENTS TO THE SAME. ' - (Copy of Resolution 20-76 is attached to the official copy of these minutes.) Mr. Sanson moved for the passage of Resolution No. 20-76, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.e. Ordinance No. 1-76 was discussed under Item 6.a.3. 8.f. The City Manage'r presented Ordinance No. 9-76. AN ORDINANCE OF T[2E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING DELP~Y BEACH HIGHLANDS SUBDIVISION, LYING IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. THIS PROPERTY IS LOCATED SOUTH OF LOWSON BOULEVARD, NORTH OF LINTON BOULEVARD, W}:ST OF CONGRESS AVENUE, AND EAST OF THE E-4 CANAL,IN THE CITY OF DELRAY BEACH, FLORIDA IN "R-lA SINGLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972" (Copy of Ordinance No. 9-76 :is attached to th() o]l£'J, cial copy 105 of these m±nutes.) Tti~"~fty ~anager read the caption of the ordinance. A Public Itearing 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. 9-76 on second and final read- ing, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.g.. The City Manager presented Ordinance No.' 11-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING SUB- SECTION (2) OF SECTION 14A-8(a) AND SUBSTITUTING IN ITS PLACE A NEW SUBSECTION (2) AND ADDING A SUBSECTION (3); PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-76 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 Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 11-76 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as· follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes; The motion passed with a vote of 5 to 0. 8.h. The City Manager presented Ordinance No. 12-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE 2, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 2-33(a) AND (b) THEREOF: REPEALING THE SECOND PARAGRAPH OF SECTION 2-33(b) AND SUBSTITUTING IN iTS PLACE ANOTHER PARAGRAPH; AMENDING THE FIRST PARAGRAPH OF SECTION 2-34 AND SECTION 2-34(d); AMENDING SECTION 2-34.1(3); AMEND- ING THE HEADING OF SECTION 2-35; AMENDING SECTION 2-35(b); REPEALING SECTION 2-35(c);AMENDING SECTION 2-36; THE PURPOSE OF THE FOREGOING AMEND- MENTS, ADDITIONS AND REPEALER IS TO CHANGE THE COMMUNITY APPEARANCE BOARD FROM AN ADVISORY BOARD TO A FINAL DECISION-MAKING BODY EXCEPT UPON APPEAL OF THE APPLICANT TO THE CITY COUNCIL; ADDING A NEW SECTION 2-39 PROHIBITING THE BOARD OF ADJUSTMENT FROM GRANTING VARIANCES FROM THE TERMS AND CON- DITIONS OF THIS CHAPTER 2, ARTICLE 2; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 12-76 on first reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. Mr.. Weekes moved that under Section 2, the wording of the last sentence be changed to read: "The City Council shall act on the appeal within' 45 days of the date such notice to the City Manager is given exclusive of the day on which such notice is furnished. In the event the City Council does not hear such appeal within 45 days, the application shall be deemed approved as originally submitted ", seconded by Mr. Randolph. Upon roll call, Council voted ~s follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheiflay - Yes. The motion passc~ with a vote of 5 to 0. - 9 - 4-12-76. Mr. Sanson moved that Section 5(b) be amended to read, "Failure of the Board to make ~& decision within 30 days of sufficient plans and specifications being filed with the Board shall constitute approval of such plans and specifications by the Board." The motion was seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes- Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.i. The City Manager presented Ordinance No. 13-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 29-25 SUBSECTION (G) (2)(b) AND SUBSTITUTING IN ITS PLACE A NEW SUBSECTION (G) (2) (b); DESIGNATING TWO UNLETTERED PARAGRAPHS AT THE END OF SECTION 29-25 SUBSECTION (G)(2) AS PARAGRAPH (g) CON- DITIONS; PARAGRAPH (h) USE VARIANCE PROHIBITED; ADDING PARAGRAPH (i) GRANTING VARIANCE PROHIBITED; ADDING PARAGRAPH (j) VARIANCE NOT EFFECTIVE FOR 30 DAYS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Weekes moved for the adoption of Ordinance No. 13-76 on the first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. We~kes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. Mr. Sanson moved for the amendment to the ordinance that the following sentence be added to Section 1 (2), "The cost of the mailing shall be borne by the applicant ", 'seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Mr. Sanson moved to reconsider the previous action seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph- Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Mr. Sanson moved to recind the action concerning the addition of wordage to Section 1 (2) , seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - yes. The motion passed with a vote of 5 to 0. 9.a.b.c. The City Manager reported the Community Appearance Board recommended by unanimous vote plans for %he~f611owing: 1. An addition to the St. Vincent Ferrer Church, 700 Palm Trail be approved with noted conditions: the roof change and the landscaping indicated. 2. Change the color of roof t~le to bronzed brown or timber blend - Dr. Hord's Dental' Office, 534 N. E. 5th Avenue. 3. Installation of sign at Fredeiick's II House of Beauty, 319 N. E. 2nd Avenue. Mr. Randolph moved that Council. sustain the action of the Community Appearance Board on items 9.a.b.c., seconded by Mr. Sanson, said motion passing unanimously. 9.d. The City Manager stated the report from the Community Appear- ance Board relative.to plans for the S. W. 4th Avenue Park, Central Building and Concession Stand, Phase One concerns an application from the City to the Community Appearance Board for approval of its plan for construction at.So W. 4th Avenue Park. The Community Appearance Board recommended 'approval by a 4 to 1 vote. The Community Appearance Board attached a stipulation that landscaping ordinance requirements will be met. Mr. Weekes moved to sustain the action of the Community Appearance Board, seconded by Mr. Randolph, said motion passing unanimously. 9.e. City Manager Mariott reported he has received an application from the Patio Beauty Salon, 648 N. Eo 8th Street, for Council to over- ride the decision of the Community Appearance Board. The owner and - 10 - ~-12-76. 107 a representative of the McLaren Sign Company appeared before Council to appeal this decision. The sign they want erected is a free-standing sign which will stand 9 feet in colors of pink, black and gold. The Community Appearance Board determined that the colors would be garish and not compatible with the area and that the sign would make a bill- board effect. The applicant would be willing to put up a roof sign, but it was advised this was not allowed. The City Manager stated that all signs would have to meet the sign ordinance requirement, regardless of Community Appearance Board approval and Council approval. It was sugges- ted that the applicant and a representative of the sign company meet with the Chairman of the Community Appearance.Board and Councilman Gomery at the site to determine what type of sign could be erected to meet the proper standards both physical and aesthetic. Mr. Sanson moved to sustain the recommendation of the Community Appearance Board, seconded by Mr. Gomery. The motion passed as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - No; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 10. The following bills for approval were unanimously approved by ~otion of Mr. Weekes, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. General Fund ............. $492,320.41 Water and Sewer Fund ......... 7,177.96 Cigarette Tax Fund .......... 28,000.00 Utility Tax.Fund ............ 2,882.08 Refundable Deposits Fund ....... 60,000.00 Citizens Contribution Fund ...... 80.74 Beach Restoration Fund ........ 221,350.00 Federal Revenue Sharing Fund ..... 1,892.00 Mr. Weekes moved for the adjournment of the meeting, seconded by Mr. Gomery, said motion passing unanimously. The meeting was adjourned at 11:30 P. M. ~City Clerk APPROVED: - 11 - 4-12-76. 108a ORDINANCE NO. 1-76. AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING TIIAT .PORTION OF TIlE 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 b~P 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, WtlEREAS, 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 DELPJiY 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-lA Single Family Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, to-wit: The Northeast Quarter of Lot 13 less the East 365 feet of the West 375 feet of the South 139.9 feet of the North 164.9 feet, and less road rights-of-way, Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, in Plat Book 1, Page 4. 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 12th day of . April , 1976. ATTEST: City Clerk First Reading January 12, 1976 Second ReadJ. ng.~.~pril 12, 1976 108b -' RESOLUTION NO. 16-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELl{AY BEACH, FLORIDA~ AUTHORIZING NEGOTIATION OF CONTP~ACTS AND THE PURCHASING OF CERTAIN MATERIALS TO INSTALL LIGHTING SYSTEM FOR REGULATION LITTLE LEAGUE BALL FIELD LOCATED AT TEEN TOWN RECREATION CENTER, CITY OF DELRAY BEACH, FLORIDA, AS SHOWN ON 'DRAWING NO. 3-11-76DB. WHEREAS, quotations requested were submitted as follows: Item 1 - WHEREAS, four quotations were submitted to in- stall certain portions of electrical system for lighting of regulation Little League ball field located at Teen Town Recreation Center, City of Delray Beach, Florida, as shown on Drawing No. 3-11-76DB, as follows: B & L Electric, Inc., Delray Beach $ 5,500.00 Russell W. Jennings, Delray Beach 5,660.00 Electrical Systems, Inc., Delray Beach 6,000.00. Rigsby's Electric Co., Delray Beach 6,575.00 Item 2 - WHEREAS, three quotations were submitted to purchase units as manufactured by Wide-Lite Corporation to install lighting system for regu- lation Little League ball field located at Teen Town Recreation Center, City of Delray Beach, Florida, as shown on Drawing No. 3-11-76DB, as follows: Units - 28 F-1001-DWRB-QV-20 Luminaire 4 PM-7 % 4 PM-8 ~ BKTS mounting brackets 2 PM-9 28 MV-1000-BD Lamp (General Electric)multi-vapor units Raybro Electric Supplies, Inc., Orlando, Fla. $ 9,396.00 Graybar Electric Co., Inc., W.P.B., Fla. 9,818.00 Consolidated Electrical Distributors, Inc. WPB 9,899.00 Item 3 - WHEREAS, two quotations were submitted to furnish pole for lighting installation for regulation Little League ball field located at Teen Town Recreation Center, City of Delray Beach, Florida, as shown on Drawing No. 3-11-76DB, as follows: Units - 4 - 65-foot Class III Wood Poles 4'- 55-foot Class III Wood Poles Koppers Company, Inc., Gainesville, Fla. $ 2,078.28 Hughes Supply, Inc., Pompano Beach, Fla. 2,336.72 Item 4 - WHEREAS, two quotations were submitted to furnish aluminum electrical control panel for lighting system of regulation Little League ball.field located at Teen Town RecreatioD Cen.ter, City of Delray Beach, Florida, as shown on Drawing N~. 3-11-76DB, as follows: .Unit - One 3'6" wide x 3'0" high x 1'0" deep aluminum control panel as per Drawing No. 3-11-76DB Sherman S. Clark, Delray Beach, Fla. $ 325.00 Clarke Taylor Welding, Delray Beach, Fla. 350.00 I I II IIII I~1 I I 108c WHEREAS, the City Engineering Office certifies the quoted prices for all four items to be reasonable and the City Manager recommends that the City of Delray Beach enter into a contract with the low quoters of the four items for lighting system installation for regulation ball field located at Teen Town Recreation Center, City of Delray ·Beach, Florida, as shown on Drawing No. 3-11-76DB, as follows: Item 1 - B & L Electric, Inc. ' $ 5,500.00 Item 2 - Raybro Electric Supplies, Inc. 9,396.00 Item 3 - Koppers Company, Inc. 2,078.28 Item 4 - Sherman S. Clark 325.00 TOTAL $17,299.28 WHEREAS, it is the Council's opinion that the award of these four con- tracts 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 contracts and the purchasing of certain material~ to install lighting system for regulation Little League ball field located at Teen Town Recreation Center, City of Delray Beach, Florida, as shown on Drawing No. 3-11-76DB, be awarded to: Item 1 - B & L Electric, Inc. $ 5,500.00 Item 2 - Raybro Electric Supplies, Inc. 9,396.00 Item 3 - Koppers Company, Inc. 2,078.28 Item 4 _ Sherman S. Clark 325.00 TOTAL ' $17,299.28 SECTION 2. That these contracts and the purchasing of certain materials to install lighting system for said regulation ball field, shall be funded with money from revenue sharing fund. PASSED AND ADOPTED in regular session on this the 12th day of ..April , 1976. ATTEST: - ~ City Clerk - 2 - Roso. No. 16-76 108d RESOLUTION NO. 17-76 A RESOLUTION OF THE CITY COUNCIL OF T~tE CITY OF DELPJ%Y BEACH, FLORIDA, REQUESTING REE~ACTMENT OF FEDERAL REVENUE SIiARING OR IN ~tE ATLERNATIVE AN EXTENSION OF THE FEDEraL REVENI/E SHARING PROGRAM TO PERMIT LOCAL UNITS OF GOVERN~ENT AN ADJUSTMENT 'PERIOD. WHEREAS, State and Local Fiscal Assistance Act of 1972 provided for sharing of Federal Revenue with municipalities; and, WHEREAS, Delray Beach has participated in this program since its inception; and, WHEREAS, this source of funding of City of Delray Beach activities has enabled the City to maintain current tax levels; and, WHEREAS, Federal Revenue Sharing has enabled the City to. fund and complete various important capital improvement programs which without Federal Revenue Sharing would not have been possible; and, WHEREAS, Congress is considering this act in view of the fiscal crisis that the Federal Government is in concerning the continual- deficit spending; and, WHEREAS, the City of Delray Beach views this program as a critical source of funding and one of the better federally funded programs 'in view of the relatively few restrictions on the local expenditure of these fUnds, NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sect'ion 1. That Congress reenact the State and Local Fiscal Assistance Act as a continuing program for the sharing of Federal Funds with units of local government without additional administrative regulations or spending restrictions. Section 2. That,in the alternative, if it is felt that because of the Federal Government's' fiscal crisis that this program cannot be continued indefinitely that the State and Local Fiscal Assistance Act be reenacted for some temporary period of time to allow local units of government who have become dependent upon it for a source of funding an adjustment pe,riod. That, if reenacted for this temporary period, this also be done without additional administrative regulations or spending restrictions. Section 3. 59~at certified cop'~es of this resolution be forwarded to Senator Stone, Senator Chiles, Congressman Rogers, Congressman Bafalis, Congressman Brooks and other members of the :louse Government Operations. Committee of the House of Representatives in Washington. PASSED AND ADOPTED in regular session on this the 12th day of April, 1976. 10Se I~ESOLUTION NO. 18-'76 - -e '"' I]IE OF DELt~AY A I{].,.~OI,U~iON OF TIlE CITY COUNC]iL OF" ' CITY ' ; .... FLORIDA, IIE(')UESTIi'.~G TiIAT TiIE ]3EACII, Pi~L~'.~ BEACII COINIk, FLORIDA STIJi'E L]~GISLA'J'Ui~E ENACT LEGISLATION TO EITIIER PROHIBIT TiIE U.~]:, OF DISPOSAD.f~E CONTAINERS FOR Cf~IITAIN DEVEIQAGES WITltlN TiIE STATE OF FLORIDA OR SUB~4IT TO TItE ELECTOi~S OF THE STATE OF FLOI%II)A A "BOTTLE BILL" P~FERENDUI4 AT THE NEXT FEASIBLE ELECTION. WHEREAS, the beaches, parks, natural areas, streets and highways of lray Beach, Palm Boach County, and throughout the State of Florida are lng increasingly landscaped by litter consisting of non-degradable metal" .~ glas~ beverage containers; and, WHEREAS, "non-returnable" containers make up a very large part of this litter stream which is highly detrimental to the State of Florida's. natural beauty; and, WI{EP~AS, we believe the existence of non-returnable beverage containers encourages people to litter instead, pi returning the containers for a d~posit refund reward; and, WHEREAS, the disposal of beverage containers and detachable "pop tops" on our lands, streets, and in our waters contribute to the pollution of our lands and waters and causes a serious threat to the health, welfare, and safety of the residents of the State of Florida; and, WHEREAS, the taxpayers of Delray Beach, Palm Beach County, and the State of Florida are paying continually escalating taxes to fund the costs of governmental agencies to clean up "throwaway" beverage containers; and, WIIE~AS, the City Council of the City of Delray. Beack is of the ver' strong opinion that a return to an all returnable system of beverage con- tainers will result in a cleaner, more 'aesthetic, and safer enviro~ent; and. furthermore will reduce the use of energy, natural resources, and-costs in producing non-returnable containers; and furthermore will result in reduced tax dollars required to clean up our environment, NOW, THE~FORE, BE IT ~SOLVED BY THE CITY COUNCIL OF THE CITY DEL~Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council respectfully requests the ~lorida State Legislature and the Governor of Florida to support the enac~nent of legislation prohibiting the use of disposable or throwaway containers for certain beverages within the S~ate of Florida. Section 2. That specifically the members of the Legislature and v~rnor giv~ their strong support to House Bill No. 2432 (the "bottle bill") oposed by Representative Edward J. Healey, Democrat of West Palm Beach. Section 3. That, if the above requests are not acceptable,tha~ ~s an alternative ,the' Legislature would consider putting the question of whether "non-returnable" contai~ers should be banned for use in the State of Florida to the voters by referendum vote in the next feasible election. Section 4. That a certified copy of this resolution be presented to the Florida St:ate Covernor, the President of th~ Senate, the Speaker of the Hoase of Representatives, and the members of the Palm Beach County Legislative Delegation. PASSED ~D ADOPTED in regular session on the 12th day of APril, A.D. 1976. 108f RESOLUTION NO. 19-76 A RESOLUTION OF q~{E CITY COUNCIL OF· THE CI~f OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION 7~ND PURCHASE OF SERVICES TO BE PERFOP~ED IN ~{E CONDUCT OF AN INVESTIC~ATION AND EVALUAT- ION OF THE POLICE DEPART~ENT OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the city Council is desirous of having an investigation and evaluation of the City's Police Department. ]~'HEREAS, numerous organizations and individuals have been contacted to submit proposals for their performance of this WHEREAS, upon consideration of ~11 the organizations and individuals contacted, it appears that the firm of Cresap, McCormick and Paget, Inc. of Washington, D.C. is the best qualified to perform the said evaluation and investigation. WHEREAS, the City Council deems it to be in the best interests of %he City of Delray Beach~ Florida, to authorize the firm of Cresap, McCor- mick and Paget, Inc. to commence work on the evaluation and investigation. NOW ~HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA, AS FOLLOWS~ Section 1. That the fi~m of Cresap, ~.cCormick ~nd Paget, Inc. of Washington, D.C. is hereby authorized to commence the performance of ser- vices ~n regard to the evaluation and investigation of the City of Delray Beach Police Department in accordance with the letter of February 10, 1976 from the firm addressed to ~r. J. Eldon ~.~ariott, city I~anager, and the letter of February 23, 1976 from the fi~m addressed to ~ir. Ro~er Saberson, city Attorney. Section 2. That this authorization is to permit the commencement of the %.~ork to be performed and to provide for the compensation of such ~'ork pending the execution of a ~.~ritten contract by both parties which ~ill detail the agreement of the parties as to the specific terms and conditions of the performance of the evaluation and ~nvesu~gat~on. Section 3. That this authorization is expressly conditioned upon the requirement that the l~0rk to be commenced by said firm will be perform- ed by Mr. B. G. Evans and ~r. Joseph N. Laseau and will be billed at their customary rates within the limitations set forth in the letters referred in Section 1 hereof. PASSED AND ADOPTED in regular session on this the 12th day of April, 1976. ATT EST ~ /~/ city Clerk 108g RESOLUTION NO. 20-76 A RESOLUTION OF TIlE CITY COUNCIL OF THE'CITY OF DELRAY BEACII TO ALL MEMBERS OF TttE FLORIDA STATE LEGISLATURE STRONGLY OPPOSI~G THE PUBLISHED PROPOSED AMENDMENTS TO PART VI, CHAPTER 553,1974 SUPPLEMENT TO THE FLORIDA STATUTES AND STRONGLY URGING THAT THE LEGISLATURE MAKE CERTAIN AMENDMENTS TO THE SAME. WHEREAS, the. Froposed amendments will remove local agency control )f building codes and transfer this control to the State; and, WHEREAS, the proposed amendments will unnecessarily increase construction cost within the State of Florida; and, WHEREAS, the proposed amendments will drastically increase the Building Codes appeal procedure time and will also increase the time ~before injunctive relief may be sought and obtained; and, WHEREAS, the proposed amendments will, in effect, create a maximum building code which would violate the intent of the State Legislature and in turn, would endanger the health, safety and welfare of the residents of the State of Florida; and, WHEREAS, the adequate enforcement of the existing provisions of Part VI, Chapter 553, 1974 supplement to the Florida Statutes that requires adoption of a current edition of one of the following: a model building code, the EPCOT Code, the one and two Family Dwelling Code, or the South Florida Building Code is all that is necessary to protect the health, safety and welfare of the residents of the State of Florida. NOW, THEREFORE,- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS~' Section 1. That the members of the Florida State Legislature are hereby earnestly and strongly requested to vote against the published proposed amendments to Part VI Chapter 553, 1974 supplement to the Florida Statutes by the State Board of Building Codes and Standards. Section 2. That the members of the Florida State Legislature are hereby earnestly and strongly urged to amend Part VI, Chapter 553, 1974 supplement to the Florida Statutes, to only require adequate enforcement of the existing provisions of Part VI, Chapter 553, 1974 supplement to the Florida Statutes that requires adoption of a current edition of one of the following: a model building .code, the EPCOT code, the one and two Family Dwelling Code or the South Florida Building Code to protect the health, safety and welfare of the residents of Florida. PASSED AND ADOPTED in regular session on this 12th day of April , 1976 ATTEST. ITY CLERK 108h ORDINANCE NO. 9-76. AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELI{AY BEACII, FLORIDA, ]<EZONING AND PLACING DELRAY BEACH HIGHLANDS SUBDIVISION, LYING IN TIlE SOUTIIEAST QUARTER OF SECTION 19, TOWNSItIP 46 SOUTiI, RANGE 43 EAST, PALM BEACH COUNTY. THIS PROPERTY IS LOCATED SOUTH OF LOWSON BOULEVARD, NORTH OF LINTON BOULEVARD, WEST OF CON¢~RESS AVENUE, DHqD EAST OF THE E-4 CANAL, IN THE CITY OF DELRAY BEACH, FLORIDA, IN "R-lA SINGLE FD2-IILY DWELLING DISTRICT" AND A~%IENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land present]_y zoned PP~-15 Multiple Family Dwelling 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 COI~CIL 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-lA Single Family Dwelling District" as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, to-wit: Lots 1 through 16 inclusive, Block 1; Lots 1 through 28 inclusive, Block 2; Lots 1, 2, 3, 24, 25, 26 and 27, Block 3; Lots 1 through 5 inclusive, Block 8, · ~ Delray Beach Highlands Section 1 as described in Plat Book 26, page 209 ofl the Public Records of Palm Beach County, Florida; 7UND Lots 4 and 23, Block 3; Lots 1 and 26, Block 4; Lots 1 through 10 inclusive, Block 5; Lots 6 and 7, Block 8, Delray Beach Highlands Section 2 as described in Plat Book 27, Page 14 of the Public Records of Palm Beach County, Florida; Lots 5, 6, 21 and 22, Block 3; Lots 2, 3, 4, 5, 24 and 25, Block 4; Lots 11 through 29 inclusive, Block 5; Lots 1 through 6 inclusive, Block 6; Lots 1 through 8 inclusive, and Lots 16, 17, 18 and 19, Block 7; Lots 8 through 14, inclusive, Block 8, Delray Beach High- lands Section 3 as described in Plat Book 27, page 108, of the Public Records of Palm Beach County, Florida. This property is located south of Lowson Boulevard, north of Linton Boulevard, west of Congress Avenue, and east of the E-4 Canal, in the City of Delray Beach, 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. S]~C.~ION 3 That this ordinance shall b~come effective ten (10) days afte£ passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ ]2th __day of April , 1976. ATTEST: . 7~" -~ -A-PY~ 1{ . (:ity Clc.vk . 108i ORDINANCE NO. 11-76 AN ORDINANCE OF 77~E CI%~J COUNCIL OF TIRE. CITY OF DEI/RAY BEACH, FLORIDA, AMENDING C~LAPTER 14A "GARBAGE AND TRASH" OF ~TIE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,. BY REPEALING SUB- SECTION (2) OF SECTION 14A-8(a) AND SUBSTITUTING IN ITS PLACE A NEW S%~BSECTION (2) AND ADDING SUBSECTION (3); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ~{EREAS, the Public Works Department of the City of Delray Beach, Florida has recommended that certain amendments be made; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendations; and, WTtEREAS, the City Administration is in agreement with the recommendations proposed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUIqCIL OF THE CITY OF DELPJ%Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Subsection (2) of Section 14A-8 (a) of the COde of Ordinances of the city of Delray Beach is hereby repealed. SECTION 2. That Sect'ion 14A-8 (a) of the Code of Ordinances of the City of Delray Beach is hereby amended by adding a subsection (2) and (3)' as follows: (2) Offices: For the purpose 'of this paragraph an office is defined as a location where a col~nercial or profes- sional activity is conducted which does not involve the sale of commodities, or goods on the premises. The term "offices" does not include offices for the treatment of animals on the premises. The service charge shall be $1.50 per cubic yard and will be calculated by multiplying $1.50 times the number of cubic yards of' capacity of the container being used. The charge shall acc'rue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the Director of Public Works shall be used. The minimum monthly charges are as follows: (a) for a single office serviced by one container, the minimum monthly charge is $7.00; (b) for groups of offices serviced by one container, despite the fact that some offices in the group may be vacant, the mon'thly minimum charge per · office is $2.00. If any qr°up ]]as less than four offices, the monthly minimum charge fo~' the group is $7.o0. (3) Commercial and users other than those specified in (1) and !2) above: The service charge shall be $1.50 per cubic yard and will be calculated by multiplying $1.50 ti.nes t]~e number of cubic yards of capacity of the conta.~ner bei~g used. T]~e Charge shall accrue and be payable on th,: total capacity of the container whether or ~ot it is ~ull. Containers of the typ~; and size de.~.J, gnntec~ ]~y tho Director of Public Work:~ shall ]3~, used· 108j The minimum monthly charge for the availability of this service is $7.00 per month per user. Where more than .one user is serviced by one container, and the cubic yard charge is less than the total of $7.00 per user so serviced then the minimum monthly charge of $7.00 shall be levied as to each user serviced by the one container. The term "user" as employed herein is any person using the service or to whom the service is available. Even if the user is different from the person who is billed for or pays for the service, the minimum monthly charge, referred to above, shall be calculated as to each ~user. If a container is being used by one or more offices in conjunction with the type of user specified in this paragraph (3) then the minimum for each user shall be calculated on the basis of the group use rates applicable to each category. SECTION 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 4. That this ordinance shall become effective upon second and final reading. .. PASSED Ah~D ADOPTED ~n regular session on second and final reading on this the 12th day.of April . , 1976. ATTEST: ~?'~y C~erk ' First Reading March 22, 1976 Second Reading A.Dril~12, 1976 ..... -2- Ord. No. 11-76