05-10-76 115
MAY 10, 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,
May 10, 1976, with Mayor James H. Scheifley presiding, and City Manager
J. Eldon Mariott, and City Attorney Roger Saberson, and Council members
John E. Gomery, Jr., David E. Randolph, Aaron I. Sanson, IV., and Leon
M. Weekes, present.
The opening prayer was delivered by Rev. Ronald Smith, Christian
Missionary and Alliance Church, Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of April 26, 1976, were
unanimously approved on motion by Mr. Weekes and seconded by Mr. Gomery.
Mr. Sanson asked that the following corrections be made to the minutes.
"Mr Sanson pointed out that this corner was the same corner
Item 5.b., .
that he complained about the prostitution problem some months ago." Item
6.b., page two, line 5, Mr. Arias added that one difference between the
Boca Board and the Delray Beach Board is the Boca Board consists entirely
of people with professional design background whereas the Delray Beach
Board only has a majority of people with professional design background.
Item 6.c., line 4, the firm has a practice of representing both the City
and clients who are dealing with the City at the same time. Item 6.c.,
line 6, The firm also shows arrogance. Item 6.c., 2nd paragraph, line 2,
Mr. Sanson moved that the City Manager be instructed to terminate the
services of Russell and Axon as the City's consulting engineering firm ......
Item 6.c., 3rd paragraph, line' 2, ..... ...Competitive Negotiations Act of
1973; and that specifically in the future, ....... Item 6.c., 3rd paragraph,
line 6, Mr. Sanson asked Council to reaffirm'to the City Manager Council's
desire that any firm who desires to do business with this City has an ......
Mr. Sanson stated the sentence beginning with City Attorney Saberson further
added that prior authorizations the City has given are under a continuing
contract; the City is in conformance with the law. Mr. Sanson stated, he
didn't believe Mr. Saberson made this statement that the City is in con-
formance with the law. Mr. Sanson added he thinks Mr. Saberson said he
would check out to see whether the City was in Conformance with the law.
This, to him, seems to be a misinterpretation of Mr. Saberson's meaning.
On the same basis, the next sentence, where it talks about the City Manager's
opinions, it states at the end of the sentence, it is not necessary that the
City attempt to negotiate with other firms. Mr. Sanson stated he does not
remember Mr. Mariott being that final in his decision at that point. Mr.
Sanson thought Mr. Mariott said that he would allow the City Attorney to
make the decision whether things are being followed in a proper manner. Mr.
Sanson stated he didn't know if the City Attorney and the City Manager
wanted to make corrections. Mr. Mariott stated the substance of what he
said was that by the tone of the motion, people could get the impression
that the City is not complying with the Competitive Negotiations Act.
According to the advice received from the City Attorney, that was not the
case; the City is in compliance with the law..It is the City Attorney's
duty to advise the City on legal matters and the City Attorney's advice will
continue to be followed. The City Manager stated it was not his intention
to make a statement that the City was not obligated to negotiate with con-
sulting firms for future work that the City might do. The City would be
bound to negotiate on consulting contracts in compliance with the state
law on new work. City Attorney Saberson stated he has written a letter to
Russell and Axon, asking for'certain items that were listed in a progress
report in March but were not included in some of the City's files. Russell
and Axon were asked to state their position with regard to a continuing
contract and r~use of existing plans for a project to be done in the future.
The City Attorney stated he i~ waiting for a reply and once he has a
chance to review Russell and Axon's reply, he will be able to tell Council
what must exactly be negotiated in the future and what would fall within
the exceptions in the act.
4.a. Mr. Gomery called Council's attention to a Broward County Court
decision regarding dual taxation. Mr. Gomery stated the Florida Supreme
Court ruled that City residents must be protected against dual taxation.
This ruling stated that City residents cannot be taxed for county services
exclusively for the benefit of the unincorporated areas. This ruling
will force cOunty commissions throughout the state to divide their
b~dget,'and tax levies along a use or pay concept. Mr. Gomery noted
the benefits of being a City resident and stated the people who live
in the unincorporated areas should weigh these benefits in addition
to the financial difference and join the City-as it will make the
quality of these areas much better.
4.b. Mr. Sanson asked City Attorney Saberson if the transaction
for the City of Boynton Beach to buy the property from Delray Beach for
the Sewer Plant took place on May 4, 1976. The City Attorney replied in
the affirmative.
4.c. Mr. Sanson stated the Harbourside Condominium on Federal
Highway, came before the Co~nunity Appearance Board to get approval to
erect a new sign. Approval was given and the sign was erected. However, ~
they did not remove the other two signs that were previously erected.
The City Manager replied he would check into this matter.
4.d. Mr. Sanson asked the City Manager the status of the Municipal
Pool issue. The City Manager replied that the City was to hear from Tom
Ingersoll regarding his offer for the land. City Manager Mariott further
stated this item will be placed on the agenda for the next workshop
meeting and he will contact Mr. Ingersoll and ask him what his offer will
be at that time.
4.e. Mr. Sanson asked the City Manager if the Private Streets Amend-
ment would be on the next workshop meeting. T~e City Manager replied this
item will be placed on the agenda for a workshop meeting in the near 'future.
4.f. Mr. Sanson requested that Council consider several bills before
the Legislative Delegation as follows:
1. Senate Bill 154 - This is the bill which would allow
any public works projects or construction projects
that the City undertakes, not to pay a sales tax.
Council unanimously agreed to support this bill.
2. Bill - Florida Power~and Light - This bill would allow
Florida Power and Light to lower the air pollution
standards in order to burn cheaper fuel. Mr. Sanson
stated he has received a letter from Mayor Uorothy
Wilkin of Boca Raton which stated their Council's
rejection to this bill.
Council agreed to oppose this bill.
3. Joint Bill CSSJR 458 - supports Senator Lewis' Bill to
~ 'delay the abolition of municipal courts.
Council agreed to support this bill.
4. Joint Bill CSSB 1183 - This bill. is in reference to -
building codes.
Council agreed to support this bill. Mr' Sanson stated
this bill has been dealt with at the Palm Beach Municipal
League.
5. House Bill 3626 and Senate Bill 626 - This bill repeals the
re~irement that all puDli~ wor~s contracts use the prevailing
wage schedule as promulgated by the State Department of Commerce.
Council agreed to support this bill.
6. House Bill 4011 - Repeals the right of municipalities to
establish a local option Mini PERC under Collective Bargaining.
Council agreed to oppose this bill.
7.. Life Insurance - Presently the City is required to carry
$20,000 life insurance on ~olice and fire personnel. The
purpose of this bill is to raise the life insurance from
$20,000 to $50,000.
Council agreed to oppose this bill.
8. City Manager Mariott stated he received a copy of a bill
which is now pending in Tallahassee which is in regard to
the lowering of the capability of local governments to
control the quality of life in their own localities.
Council agreed to oppose this bill.
9. ~enate Bill 1312 - This bill removes the authority of
~he City to transfer funds from Utility Revenue to the
General Fund.
Council agreed to oppose this bill.
4.g. Mr. Weekes stated Council should give serious consideration
to direct filtration as opposed to lime softening for the method of
water treatment.
4.h. Mayor Scheifley read a Proclamation proclaiming the month
of August 1976 as Interior Design Month.
4.i. Mayor Scheifley read a Proclamation proclaiming the week of
May 23 to May 30, 1976 as Soil Stewardship Week.
~,.j. Mayor Scheifley read a Proclamation proclaiming the week of
May 10 through May 14, 1976 as Municipal Clerk's Week.
4.k. Mayor Scheifley read a Proclamation proclaiming June 14
through July 4, 1976 as a Time to Honor America.
5.a. Mr. L. Bowring of 951 Tropic Boulevard, President of the
Tropic Isle Civic Association, stated Mr. Margolis of New York City
bought Tract~ ~A which is directly north of the entrance to Tropic Boule-
vard. Mr. M~rgolis planned to build a shopping center. Mr. Margolis told
the Tropic Isle Civic Association he planned to have a flower shop, a
jewelry store, but no restaurants or coffee shops. Mr. Bowring stated
there is now a Fish and Chips restaurant and Dunkin' Donuts going in the
shopping center. Mr. Bowring added the Association discovered that an
exit from the shopping center is on Tropic Boulevard. Mr. Bowring feels
this will cause'danger to children and will cause traffic congestion.
Plans for this shopping center were approved before the Community Appear-
ance Board was formed and the Association feels these plans should conform
to the City Code and should be under the jurisdiction of the Community
Appearance Board..
City Manager Mariott stated Tropic Boulevard has a right-of-way
width of 88 feet. There is no City owned land between the land under the
ownership of the shopping center and the 88 foot right-of-way on Tropic
Boulevard. It was not necessary to have site plan approval for this
particular development, therefore, it did not go to the Planning and Zoning
Board nor the Community Appearance Board because the Community Appearance
Board ordinance was not in effect. The Building and Engineering Departments
were checked to determine the facts and they are as outlined. Then he
instructed these departments to consult with the City Attorney to determine
whether or not the City has within its discretion the power to either
approve or disapprove an access from the privately owned shopping center
property onto Tropic Boulevard. The City Attorney stated the question put
to him was whether or not the City has the authority to regulate the
placement of alleyways, driveways or curb cuts. Under Chapter 23 of the
Streets ordinance, the City has that authority; just as the Department of
Transportation has that authority on Federal Highway. The placements of
these various types of entrances and exits have to be based upon the sum
and analysis of the traffic situation in that area and only basis upon which
this could be denied is if it created a traffic hazard. As far as the Com-
munity Appearance Board is concerned, the City Manager is correct. The Com-
munity Appearance Board ordinance would only apply to any application for
building permits that were applied for after the effective date of that
ordinanue.
Mayor Scheifley raised the question as to whether or not it
would be better to have both exits on Eve Street with a light at Eve Street
and Federal Highway. City Attorney Saberson advised the Engineering Depart-
ment should decide the best traffic pattern. Mr. Gomery suggested that the
Engineering Department and Traffic Department research this and see if
- 3 - 5-10-76.
dliff~tent>'traffit~:patternS~coUld:be~:deve'lope~q:~The~CitY. Mahage~::Stated
~h~y could c0nsult:w-ith::the.,deVel~per~and':det~mlnerwh~%he~:aum'or~
acceptable traffic-pattern could:-be workedt:out-;: Maybr. SCh~i~ley ~sked
the City. Attorney if Council can-st~p the building'-of the-entrance and
exit until:-Council comes up with an:alternate' solution. The City Attorney
replied the building permits have been approved and theI plan which sets
· forth-this entrance, has also~been:.approved and the only way this can be
stopped is to revoke the permit. Unless Council can come up with a
~.finite t~affic hazard that Would~U~tify~th~ revo6atiOn', ~the~CitY'would
be:'on' difficul% ground. He- would like~ to check:~nt6r'~.his- in~or~r-~tO~ give
an~'ansWer; Pe~hap~-'by- talkin~ Withl. th~!deve'~ope~; - ~ A?t~-~;~e! r~:- ~ ~ ~,i ~:.
Mayor Scheifley asked what action could be taken to postpone the
~mplementa.tion~of the present:driveWay:plans~until-it' could-be determined
if there is an alternate solut:ion. City AttOrney saberson replied Council
should make a motion to rescind the~approVal of the~Enqineerinq-Department. ~
of-the-particular accessway-Of the:-shopping center' along Tropic Boulevard.
Mr. Sanson asked the City Attorney and City Manager if they were
basing their opinion on the idea 'that ~he contractors-did not have-to go ~
before the Community Appearance Board on the date the building permit was
isSued or-the~date construction was started. City-Attorney Saberson replied
the CommunitY Appearance Board ordinance applies to applications for build-
ing permits, not-the date construction was started.-Mr. Sanson asked how
-long the permit is in effect. The City Attorney replied they are in effect
for either 90 days or 6 months; extensions of time may be granted upon
show of good cause. Mr. Sanson added he-thinks this. building permit was
-issued longer than 90 days ago and construction was juSt started. Mr.
Sanson added he would question whether the developers should have gone before
the Community Appearance Board. Mr. Sanson read excerpts from the Zoning
Code, P. 54, paragraph 1 b, regarding district boundary lines and setbacks
and stated no setback rules have been followed as far as he can tell on the
rear of the property; the rear building has been placed next to the park-
ing lot of the.apartment complex. Mr. Sanson stated he would also question
the legality of the side setbacks. Mr. Sanson added he does not believe
the building permit was issued in the last six months. He is sure the
permit has been given an extension. City Attorney Saberson stated on the
plat of Gateway Shopping Center, there is an alley way which separates the
residential property from the commercial property. The dimensions on the
alley are 20 feet. To the west of the alley, there is a building setback
line which restricts by virtue of the plat where buildings may be put
which is another 30 feet. This would constitute the 50 feet from a res-
identally zoned area. Mr. Randolph stated he would like to know if anyone
talked to the developer since it was noted on the plat what was going in
the shopping center. Mr. Weekes stated Council should meet with the devel-
eper to discuss this change.
Mr. Weekes moved that Council temporarily vacate the approval
of the Engineering Department pending a study by the Department as to the
traffic and the appropriate curb cuttings and access ways on this property,
seconded by Mr. Gomery. The motion passed unanimously. Mr. Sanson commented
that the wooden boundary stakes for the back portion of the shopping center
had already been placed and questioned if this could be changed without
any great expense to anyone; also if there has been any violations by -
giving these people approval to build too close to the right-of-ways on
the streets. The City Manager stated he will have this matter checked. The
City Attorney stated the Building Department gave the developer a letter
stating the Fish and Chips and the Dunkin' Donuts restaurants are permitted
uses.
Mr. Walter Houghton, 950 Tropic Boulevard, stated the back of the
Fish and Chips restaurant will face the all~y. He added the exhaust fan with
cooking odors blowing, out towards the windows of the apartments will cause
the apartments to be uninhabitable and this would cause a serious health
problem. Mr. Houghton added there should be a~traffic light at the Tropic
Boulevard Intersection. Mr. Houghton added when this shopping center was
approved, there was no site plan approval required. Mr. Houghton asked
Council if anything could be done from a beautification ~oint; i.e.,
uniformity in the signs. Mr. Weekes informed Mr. Houghton the signs will
come before the Con,munity Appearance Board. Mr. Sanson stated amoratorium.
should be considered until the Planning and Zoning Board gives recommenda-
tions for rezoning.
- 4 - 5-10-76.
119
Mr. George Aspinwall, 942 Tropic Boulevard, stated when he
looked at the plans for this shoDDinq center, on each of the sheets
there was a stamp which said that food purveyors would have to qet
permission from the County Board of Health. Mr. Aspinwall was wonder-
ing if this was an opportunity to get rid of those two food restaurants.
Mr. Gomer¥ moved that the Citv ask the County Health Department
to reinvestiqate and reconsider Dermits for the Fish and Chips and Dunkin'
Donuts restaurants at this shopping center, seconded by Mr. Sanson, said
motion passing unanimously.
Mr. John Beebee, 927 Eve Street, asked Council if there was a
requirement that there be a certain amount of parking for a facility with
a jewelry store and a florist shop as compared to a facility with two
restaurants. City Attorney Saberson stated'the zoning code sets up specific
stands for different types of uses in the parking that is required. He was
informed by the Engineering Department that there was a problem with the
parking in terms of the number of parking spaces and the contractors have
redesigned their plans. Mr. Sanson added he was curious if the contractors
were adhering to the landscape ordinance. Mr. Beebee requested Council make
specific inquiry into the uses of these parking spaces, to determine whether
there is an adequate number. Mayor Scheifley suggested that Council should
consider meeting with Mr. Margolis and three representatives of the Tropic
Isle Civic Association to discuss all the points raised. City Manager
Mariott stated he would arrange this meeting. Mr. Sanson stated Council
repealed the aspect of the zoning code which states that restaurants could
not be open 24 hours a day. Mr. Sanson stated it was always his contention
that Council should find a substitute way to control buSinesses that might
be interferring with residential neighborhoods. Mr. Sanson suggested that
Council might take into consideration Dr. Bartley's suggestion to the Plan-
ning and Zoning Board concerning a zoning ordinance which would control
hours of operation~ of businesses. Council could, under this ordinance,
prohibit Dunkin' Donuts from staying open 24 hours. Mr. Sanson added he
would reconsider getting that ordinance approved by Council and consider
this at a workshop meeting. Mayor Scheifley stated Council should agree to
revive this ordinance, and refer this to the Planning and Zoning Board to
prepare the ordinance. Mr. Weekes s~ated this problem could be controlled
with laws presently on the books. The City Attorney stated the doctrine
of nuisance laws is for the purpose of enforcing restrictions as to a
specific piece of property that creats a problem as opposed to having a
general applicability that applies to broad areas of property in the City.
A nuisance law could be used to inhibit the operation of a business that
did, in fact, cause a nuisance to the neighborhood. City Attorney Saberson
advised he could take care of the present ordinance.
5.b. Mr. O. F. Youngblood, 210 N. W. 6th Avenue, Delray Beach, repres-
enting the Palm Beach County, Florida A & M Alumni Association, stated
this organization is sponsoring a bicentennial play. This play is composed
of outstanding characters who are actors from Hollywood, California. This
play will be presented May 28, 1976 at 8:00 P.M.,.at the Roosevelt High
School, West Palm Beach and tickets are $5.00 each.
5.c. Mrs. Anne Pfundston, 80 N. E. 4th Avenue, Delray Beach, protested
~ certain architect who is serving on the Community Appearance Board. Mrs.
Pfundston stated this architect has been drawing plans in violation of many
Df the City ordinances. Mrs. Pfundston stated she would like Council to
uake an ordinance which would be enforced stating any architect who draws
)lans in violation of any City ordinance, should be penalized and fined
$500.00 or more. Mayor Scheifley informed Mrs. Pfundston this matter should
not be discussed at this meeting and she could send a copy of her ideas
on this matter to Council.
6.a. There were no additional items to be placed on the agenda.
6.b. City Manager Mariot% reported the term of J. C. Collier, Jr., as
a member of the Civil Servi'ce Board, expires April 1, 1980. Mr. Collier
has resigned his membership, effective May 15, 1976. Mr. Gomery moved the
name of Mr. John Detwiler be pla~ed in nomination to serve as a member on
the Civil Service Board, seconded by Mr. Weekes. Mr. Randolph moved the
name of Mr. Preston Wright be placed in nomination to serve as a memDer
on the Civil Service Board, seconded by Mr. Sanson. Upon roll call for
nomination for Mr. Detwiler, Council voted as follows: Mr. Gomery - Yes;
Mr. Randolph - No; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley -
Yes. The motion passed with a vote of 3 to 2. Mr. Gomery moved that a
letter of thanks and a certificate of recognition of service be sent to
Mr. Collier, seconded by Mr. Sanson, said motion passing unanimously.
,-"~? ~, ;~zr?~ Mr.' Sanson~stated3special ~e~OgnitlonT:shoUld'b%~iven
~Ol~tief~by ~qiv~ng'~ h~im~ a piaque~ This3 subjeCttwi~ll~be~'pta~ed on~he next
-6.c. '~-- The.City Manager reported the amendmenks-to thb.agre6meht->::"'--
Which haVe been. prOposed by Gulf Stream 'and incorporated into the
Delray Beach-GUlf Stream water-service agreement; are-.as 'follows:'l 2.,~n
::.2: :~ :t:,--In'- the: event- that Delray is- 'not:; able to su~pl, yLtheL ~ 7>:
].,~ c;- fTi;~i~k;,-, needs of Gulf 'Stream. int accordance:with the Contract,~c;
ar ~:; i: :zz : J'~ Gulf Stream may7 Seek ah:'~ ~l:terna~e'' Source of supply
until such time as Delray is able to resume full
~_r:.~._-~.:~.-.;~--'2.-.The 10% surcharge ties-to residential rates and' will
~i ~u-_ ~ : ;t float-10% above-such rates whether they are i~creased-
-:~ :_:., -~:-7 :' 3,' Gulf -Stream will deposit .with the: Ci-~y after one: year~-
the sum which is equal to the h4.ghest monthly charge
:' for the preceding year to be used by Delray to satisfy
--~--- ' ..... any-unpaid monthly bills. ........ :
4. The term of the agreement is to be reduced from 30 to 25
...... Mr. Randolph moved to approve the amended water service agree-
ment with the Town of Gulf Stream, seconded by ~r. Weekes, said motion
passing unanimously. Mr. Sanson voted against the original agreement for
two reasons. - -
- 1. Surcharge figure of 10% was never substantiated.
2. Mr. Sanson feels providing 800,000 gallons of water a day
- - to Gulf Stream when the City is not obligated to, is
~.! - forcing the City'to have to expand our plant at a great
cost to the taxpayers of Delray Beach.
6.d. City Manager Mariott stated it is recommended, that Council
authorize the administration to proceed with the abatement of the nuisances
that have been determined to exist in compliance with Chapter 15 of the
City code. Mr. Sanson moved that the City administration be instructed to
abate the nuisance by complying with Chapter 15 of the City code as out-
lined in item 6.d., seconded by Mr. Gomery. The motion passed unanimously.
6.e. The City Manager stated it is recommended that Council authorize
the execution of an agreement between the Cityand Palm Beach Count~_pro-
viding for the funding and administration of the Teen Town Community
Development Grant. Mr. Randolph moved that Council authorize the execution
of an agreement with Palm Beach County in ref~renc~ to community develop-
ment grant funds, seconded by Mr. Sanson, said motion passing unanimously.
7. There were no Petitions and Communications.
8.a. The City Manager presented Resolution No. 23-76..
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
PURCHASING OF MATERIALS WITH CITY FORCES CON-
STRUCTING THE SERVICE DRIVE AND SERVICE COURT
IN CONNECTION WITH THE EXISTING CONCESSION
BUILDING AT TEEN TOWN PARK.
(Copy of Resolution No. 23-76 is attached to the official copy
of these minutes.)
Mr. Sanson moved for-the passage.of Resolution No. 23-76,
sec6nded by Mr. Randolph. Upon roll call, Council voted as follows: Mr.
Gomery - Yes; Mr. Randolph - les; Mr. Sanson - Yes; Mr. Weekes - Yes;
Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote.
8.b. City Manager Mariott mtated the following bids have been received
to ~nstall a press box at the Senior League field at the Teen Town Ball
Park. The City Manager added it is recommended that contracts be awerded
to the low bidder, Campbell Construction Company, by passage of Resolution
No. 24-76 with financing to come from the Federal Revenue Sharing Fund.
- 6 - 5-10-76.
Bidder Quotation
Campbell Contruction Company $4,198.00
Delray Beach
Floyd J. Griffin, Inc. 6,857.00
Delray Beach
The City Manager presented Resolution No.. 24-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION
OF A CONTRACT TO FURNISH ALL MATERIALS AND LABOR
TO INSTALL A PRESS BOX AT THE TEEN TOWN BALL PARK,
LOCATED AT 240 N.W. 10TH AVENUE, DELRAY BEACH,
FLORIDA, AS SHOWN ON DRAWING NO. 4-26-76DB.
(Copy of Resolution No. 24-76 is attached to the official cupy
)f these minutes.)
Mr. Gomery moved for the passage of Resolution No. 24-76 for
the construction of the press box, 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 5 to 0 vote.
8.c. City Manager Mariott stated the Area Planning Board has recom-
mended by letter that Delray Beach adopt a resolution supporting continued
federal funding of the "701" Planning Program.
The City Manager presented Resolution No. 25-76.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, RELATING TO AND RECOGNIZING
THE NEED FOR SUBSTANTIVE FUNDING ALLOCATIONS
FOR THE DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT COMPREHENSIVE "701" PLANNING PROGRAM
BY THE FEDERAL GOVERNMENT IN FEDERAL FISCAL
YEARS OF 1976 THROUGH 1978.
(Copy of Resolution No. 25-76 is attached to the official copy
of these minutes.)
Mr. Randolph moved for the passage of Resolution No. 25-76
supporting the "701" Planning Program, seconded by Mr. Gomery. Mr. Sanson
stated when this subject was discussed, he did not understand what was
trying to be accomplished and what the resolution would read. Upon reading
this resolution, he will not vote for this resolution due to the fact the
federal government is funding this resolution, and until the federal govern-
ment is operating on a balanced budget, he cannot support any programs
which cost the federal government money. Upon roll call, Council voted as
follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes -
Yes; Mayor Scheifley - Yes~. The motibn passed with a 4 to 1 vote.
8.d. 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
2-34.1 (3); AMENDING THE HEADING OF SECTION
2-35; AMENDING SECTION 2-35 (b); REPEALING
SECTION 2-35 (c); AMENDING SECTION 2-36; T~E
PURPOSE OF THE FOREGOING AMENDMENTS, ADDITIONS
AND PEPEALER 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
PROIIIBITING THE BOARD OF ADJUSTMENT FROM GRANTING
VARIANCES FROM THE TERMS AND CONDITIONS OF THIS
CHAPTER 2, ARTICLE 2; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 12-76 is attached to the official copy
~f~these minutes )
The City Manager read the caption of the ordinance A Public
'
~Iearing was held having been legally advertised in compliance with the
taws of the State of Florida and the Charter of the City of D~lray
~ach. There being no objections, the Public Hearing was closed. Mr.
Randolph moved for the passage of Ordinance No. 12-76 on second and
final reading, 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 vote
of 5 to 0.
8.e. 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) CONDITIONS; PARAGRAPH (h) USE
VARIANCE PROHIBITED; ADDING PARAGRAPH (i)
GRANTING VARIANCE PROHIBITED; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 13-76 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 Charter of the City of Delray Beach.
There being no objections, the Public Hearing was closed. Mr. $~nson
moved for the passage of Ordinance No. 13-76 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.f. The City Manager 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 TELE-
VISION SYSTEM GRANTED TO TELEPROMPTER FLORIDA
CATV CORPORATION BY ORDINANCE NO. 36-71, RESERV-
ING UNTO THE CITY OF DELRAY BEACH ANY RIGHTS OF
RECOURSE UNDER THE TERMS AND CONDITIONS OF SAID
FRANCHISE.
(Copy of Ordinance No. 14-76 is attached to the official copy
of these minutes.)
The City Manager read the ~aption of the ordinance. A Public
H~aring 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. Gomery moved
for the passage of. Ordinance No. 14-76 on second and final reading, seconde¢
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.
The. City Manager presented Ordinance No. 16-76.
AN ORDINANCE OF ~HE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED SC SPECIALIZED COMMERCIAL
DISTRICT IN RM-15 MULTIPLE FAMILY DWELLING
DISTRICT, AN AREA LOCATED EAS~ OF THE INTRA.~
COASTAL WATERWAY, NORTH OF N.E. 8TH STREET,
WEST OF ANDREWS AVENUE AND SOUTH OF PELICAN
LANE, SAID LANDS BEING IN SECTION 9, TOWNSHIP
46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT
BOOK 8, PAGE 40, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1976"
- 8 - 5-10-76.
123
The City Manager read the caption of the ordinance. Mr. Gomery
moved for the passage of Ordinance No. 16-76 on first reading, seconded by
Mr. Randolph. Mr. Sanson offered the following substitute motion: Any
reference to RM-15 to be change to RM-10. The motion died for lack of a
second. On the original motion, Council voted as follows: Mr. Gomery -
Yes; Mr. Randolph - Yes; Mr.'Sanson - Yes; Mr. Neekes - Yes; Mayor
Scheifley - Yes; The motion passed with a 5 to 0 vote.
8.h. The City Manager presented Ordinance No. 17-76.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELP~Y BEACH, FLORIDA, ~MENDING ARTICLE II,
CHAPTER 18, OF THE CODE OF ORDINANCES OF THE
CITY OF DELP~Y BEACH BY ~MENDING SECTION 18-21
BY LETTERING THE FIRST PAP~GP~PH (a), ADDING
ADDITIONAL NORDING AND BY THE ADDITION OF A
NEN PAP~GP~PH (b); ~4ENDING SECTION 18-22 AND
SECTION 18-26 BY REMOVING ALL REFERENCES IN
SAID ORDINANCE TO TAX COLLECTOR AND INSERTING
IN PIECE THEREOF THE WORDS "BUILDING DEPARTMENT";
REPEALING SECTION 18-25 OF SAID ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Manager read the caption of the ordinance. Mr. Weekes
moved for the passage of Ordinance No. 17-76 on first reading, seconded
by Mr. Gomery. Mr. Sanson stated Council should consider leaving the
wording that the general text of every telephone solicitation message
must be submitted to the Building Department and kept on file. The pur-
pose of this would be to enable the City to find out if the people on
the telephone have received approval for their solicitation. 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 stated it is recommended the item of interim
sewage treatment plants be referred~ to a future Council meeting.
9.a. The City Manager reported that the Planning and Zoning Board
recommended that the preliminary plat for TroDic Isle Subdivision, 5th
Section, be approved. This property is zoned ~'iAA single family. Mr.
James P. S0mers, 214 S. W. 3rd Street, Boca Raton, owner of the property,
stated that by virtue of the rezoning from multiple family to residential
they were trying to put as many homesites on this property as possible.
Originally he started with 11 lots and 10 of the lots were short 96 square
feet and 126 square feet on the other. He then made application to the
Board Of Adjustment and they ruled in his favor and the preliminary plat
contains 12 lots. He agreed to set back further than required by the City
to give frontage to the property.
Mr. Weekes moved that Council uphold the, recommendation of the
Planning and Zoning Board to approve the plat, seconded by Mr. Gomery.
Mr. Sanson stated he cannot see the basis on which this was a hardship.
Council discussed the problem of getting the minutes from the Board of
%djustment meeting. The City Manager stated he would make the request
;o get the minutes promptly from the Board of Adjustment. Upon roll ca~i,
~ouncil voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson -
~o; Mr. Weeke~ - ¥~: Mayor Scheifley - No. The motion passed wi~h a 3 to
2 vote.
9.b. The City Manager stated the Planning and zoning-B~mrd recommended
that the conditional use and site plan approval for the Community Primitive
Baptist Church be approved. This Church is located on the east side of N. W.
llth.Avenue between Atlantic Avenue and N. W. 1st Street. Mr. Samuel T.
Barnes of 1315 N. W. 3rd Strept, from the St. John Primitive Baptist Church
spoke in opposition of the proposal.
Mr. Sanson moved to aplrove the recommendation of the Planning
and Zoning Board relative to the Csmmunity Primitive Baptist Church and
subject to the conditions as outlined in the agenda, seconded by Mr. Weekes.
The motion passed unanimously.
- 9 - 5-10-76.
City Manager Mariott reported the Community Appearance Board
recommended by unanimous vote the_.fo%%ow~ng:~.i ~!~. ~-
-~-~ _~.c.i-Remodeling Permit- Cottage n°0r',~190 N. E. 5th Avenue
t~:~:-un~ ~'.. d, Signs - Oqean~Cit¥-Lumber Company, Railroad Avenue
2.~--~3~'~ ~-e..-New_awning.- Anne M. Pfu~dst0n, 80 N..E. 4th Avenue
=Lna~ r:~--f,~Signs - Sun,First ~ational Bank, 302;East Atlantic
~ ~.i>_< .... g,~Service~recePtion~offiG~.~and customer~protective canopy -
~ ~e~:~- De!ray. Datsun,~909.~S.-E~5thu~ve~e-.~ ~
Mr. Randolph moved to approve Items 9.c.d.e.f.g., seconded by
Mr. Gomery; said motion.pas~ing._unanimous!y. ,~ ~-
10. The City Manager recommended that'Council authorize payment
of the City's bills. Mr._Weekes moved_to pay the bills, seconded by Mr.
Randolph, said2motion passing unanimously. A question was raised concerning
the check to Elizabeth_H. Fautk in the amount of $50,000.00. City Attorney
Saberson stated the $50,000.00 was posted by the Elizabeth Faulk Founda-
tion in cash in lieu of posting a bond for holding an auction in the City.
~he~a~ F nd ...... $512 754 98
U .,o..y~..._...o.. , -
Water and Sewer Fund . ? . . , . . . 5,500.00
Special Assessment Fund[ ........ 1,453.74
Utility TaX Fund ........... 110,000.00
Refundable Deposits Fund .... . . . 50,000.00
...... .... Citizens Contribution Fund ..... 28,352.70
Improvement Trust Fund ........ 77.40
Beach Restoration Fund ........ 9,873.50
Federal Revenue Sharing Fund . , . . . 15,460.78
Council discussed changing the time for regular meetings from
7:30 P. M. to 7:00 P. M. This item will be placed on the next agenda for
consideration.
Mr. Gomery moved for the Hdjournment of the meeting, seconded
by Mr. Sanson, said motion passing unanimously. The meeting was adjourned
at 10:20 P. M.
City Clerk
i ....... 1(~ - 5-10-76.
RESOLUTION N0.23-76
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING TIlE PURCHASING
OF MATERIALS WITH CITY FORCES CONSTRUCTING THE
SERVICE DRIVE AND SERVICE COURT IN CONNECTION
WITH THE EXISTING CONCESSION BUILDING AT TEEN
TOWN PARK.
WHEREAS, it is the recommendation of the City Manager that the
! ancil, acting by authority of provisions of Section 78 of the City's
C.,arter,. authorize the purchasing of materials with City forces con-
structing the service drive and service court in connection with the
existing concession building at Teen Town Park.
WHEREAS, the City Engineering Office made an estimate for the cost
of materials (lime rock and sand seal surface) in the amount of $4,000,
with City forces constructing the service drive and service court; and,
WHEREAS, it is the Council's opinion that the purchasing of materials
with City forces constructing the service drive and service court, 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 the purchasing of materials (lime rock and sand
seal surface) with City forces constructing the service drive and service
court be approved in the amount of $4,000.
SECTION 2. .That this improvement shall be funded with money from
Teen Town Funds in the Federal Revenue Sharing Fund.
PASSED AND ADOPTED in regular session on this the 10th day
of May , 1976.
TEST:
CITY CLERK
124b
RESOLUTION NO. 24-76
A RESOLUTION OF THE CITY COUNCIL OF THE-CITY OF
DELRAY BEACH, FLORIDA, AU?HORIZING NEGOTIATION
OF'A CONTRACT TO FURNISH ALL ~TERIALS AND LABOR
TO INSTALL A PRESS BOX AT THE TEEN TOWN BALL PARK,
LOCATED AT 240 N.W. 10TH AVENUE, DELRAY BEACH,
FLORIDA, AS SHOWN ON DRAWING NO. 4-26-76DB.
WHEREAS, it is the recommendation of the City Manager that the Council,
~_~ting by authority of provisions of Section 78 of the City's Charter, award
contract to furnish all materials and labor to install a Press Box at the
?%mn Town Ball Park, located at 240 N.W. 10th Avenue, Delray Beach, Florida,
.[~ accordance with the Building Code of the City of Delray Beach, Florida,
~ as shown on Drawing No. 4-26-76DB indicating the following Description:
a. Pave area between Back Stop and Press Building
b. Install 12' high industrial grade chain link fence
at each end of the Press Box and Back Stop with
3'.0" x 7'.0" gate at one end.
Location Sketch - Scale 1" = 50'
Drawing ~4-26-76DB (attached)
WHEREAS, of the-four quotations requested, only two were submitted in
±~e amounts of:
Campbell Construction Company $4,198.00
Delray Beach, Florida ~
Floyd J. Griffin, Inc.~ $6,857.00
Delray.Beach, Florida
Jay P. Callaway No quotation
Delray Beach, Florida
~awkins & Mouw, Inc. No quotation
Delray Beach, Florida
WHEREAS, the City Engineering Office certifies the lowest quoted price
~ be reasonable and the City Manager recommends that the City of Delray
b~ch enter into a contract with Campbell Construction of Delray Beach, to
J~rnish all materials and labor to install a Press Box at the Teen Town Ball
)i~rk, located at 240 N.W. 10th Avenue, Delray Beach, Florida, in accordance
w[[~h the Building Code of the City of Delray Beach, Florida, and as shown
~m Drawing No. 4-26-76DB, which company submitted the lowest quotation in
~ amount of $4,198.00; and, -
WHEREAS, it is the Council's opinion that the award of this contract
w~ld be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
~&RAY BEACH, FLORIDA, AS FOLLOWS:
SECTIONal. That said contract to furnish all materials and labor to
;~tall.a Press Box at. the Teen Town Ball Park, located at 240 N.W. 10th
/~ue, Delray'Beach, Florida, i~ accordance with the Building Code of the
~i~y of Delray Beach, Florida; and as shown on Drawing No. 4-26-76DB, be
~wmrded to Campbell Construction Company of Delray Beach, Florida, in the
~nt of $4,198.00.
SECTION 2. That this improvement shall be funded with money from the
~eral Revenue Sharing Fund.
PASSED AND ADOPTED in regular session on this the 10th day of
Ma¥.~_ , 1976.
MAYO
124c
RESOLUTION NO. 25-76
A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY
OF DELRAY BEACH, RELATING TO ;~ND RECOGNIZING
TIlE NEED FOR SUBSTA/~T/VE FUNDING ALLOCATIONS
FOR TItE DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT CO~4PREHENSIVE "701" PL~9{qING PROGR3~{
BY TIlE FEDEtLAL GOVEP~N~4ENT IN FEDERAL FISCAL
YEARS OF 1976 THROUGH 1978.
WHEREAS, the City of Delray Beach has been the recipient of "701"
lanning Funds for the development and implementation of portions of a
Comprehensive Planning Program; and,
WHEREAS, Units of Local Government are unable independently to fund
the type of planning program that is available with the assistance of "701"
Planning funds; and,
WI~REAS, there is an increased emphasis upon comprehensive planning
at all levels of government there is an increasing rather than a decreasing
need for such funding,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Federal Funding level allocations for the
Department of Housing and Urban Development Comprehensive "701" Planning
Programs be maintained at a substantive level that will permit a viable and
effective long range, on going, Comprehensive Planning Program to be contin-
ued in the City of Delray Beach during the Federal Fiscal years 1976 through
1978.
Section 2. That copies of this resolution be transmitted to
Ms. Carla Hills, Secretary of the Department of Housing and Urban Development
Congressman Paul Rogers; Congressman L.A. "Skip" Bafalis; U.S. Senator
Lawton Chiles; U.S. Senator Richard Stone and U.S. Senator William Proxmire,
Chairman Senate Appropriations Committee.
PASSED ~ND ADOPTED in regular session on this 10th day of May, 1976.
..x'TEST:
124e
ORDINANCE NO. 12-76
AN 0}LDINANCE OF ~-IE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CI-LAPTER 2, ARTICLE
2, OF THE CODE OF ORDINANCES OF TI-IE CITY OF DELRAY
BEACH BY AMENDING SECTION 2-33(a) AND (b) ~-IEREOF;
REPEALING ~-IE SECOND PARAGRAPH OF SECTION 2-33(b)
AND SUBSTITUTING IN ITS PLACE ANOT}~E.R PARAGRAPH;
AMENDING THE FIRST PARAGRAPtt OF SECTION 2-34 AND
"'.'.. SECTICN 2-34(d); AMENDING SECTI. ON 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; ~{E 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-3~ (a) -and (b) Powers and Duties; Plans
and Specifications be amended as fOllows:
(a) The Community Appearance Board, as a prerequisite
to its ~eesmme~a~-8~ approval or approval with
conditions, may requir~ such changes in said plans and
specifications as in its judgmentmay be requisite
and appropriat~ to the maintenance of a high standard
of architecture, beauty and harmony as established
by the standards adopted by the City Council for
the guidance of the Board.
(b) The Community Appearance Board shall review and
make ~ee~mme~a~s-as-~ a decision to approve,
approve with conditions or disapprove, every application
for a permit to erect a building, structure or sign
or to materially alter an ~levation of any existing
building or structure or sign in the city of Delray
Beach, excluding separate single family dwellings,
but including group single dwellings. Every
applicati, on shall be accompanied by ~wo sets of
detailed plans and if plans submitted .do not furnish
sufficient information ade. quately to show the scope of
the planned construction for which a permit has been
requested, then there shall be furnished, in addition to
the two' sets of detailed plans, one set of detailed
specifications for such proposed work; both the plans
and specifications shall be prepared by a registered
architect or registered engineer, qualified under the
laws of the State of Flo~'ida to prepare such pla~.,s
and specifications. The Community Appearance Board
shall not give a favorable ~eeomme~ag~8~ decision
to the application for a permit until the plans (and
specifications w]~en required) including landscape
plans, have been provided as heroin sot forth and
approved by tho J]oard.
124f
i! SECTION 2 That the second paragraph of] Sectioq,2~33!(b) .ibe
repealed and a ne~.-~aragraph be added ,to. read aS follows:~ i -
~ ~h'e Community ~ppearance Board shall ifunction as ''~
, ~ . the final decision-making authority in regard~to
~ the matters set forth in this sectio~ 9~cept that
! if an...ap~liuant~isagrees-;with a decision of the
I Board, the applicant may appeal this decision to
! the City Council. When a decision' is so appealed,
...... - ........ ~.- .... the__City Council shall act as the final decision=..
_ making authOrity, with regard to the matter appealed.-- -
~ The applicant sh~l ~have-30 days from the date of
the decision of t~.comm~nity Appearance Board
exclusive of th~ day the decision is rendered in
which to notify the City Manager in writing that
the applicant desires to appeal. 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.
SECTION 3. That the first paragraph of Section 2-34 and Section
2-34(d) Criteria, be amended as follows: .
The Community Appearance B~ard may ~eeemme~-app~a~,
9pprove, app~va~ apvrove with conditions, or
~i. sapproye the i~suance of a building permit in any matter
subject to its jurisdiction after consideration of whether
the following are complied with:
(d) The proposed structure' is in conformity with the
standards of this code and other applicable
-. ordinances insofar as the location and appearance
of the buildings and structures are involved. If
the above criteria are met, the application shall
be ~eesmme~e~-~-~pp~va~ approved. Conditions
may be applied when the proposed building or strUcture
does not comply with the above criteria and shall be
such as to'bring said structure or project into
conformity. If any application is ~eeemme~e~-~
~sapp~v~? disapproved, the Community Appearance
Board shall detail in its findings the criterion
or criteria that are not met. The action taken by
the Board shall be recorded 'in writing, signed by
the Chairman, and a copy thereof made available to
the applicant on request..
SECTION 4. That the first paragraph of Section 2-34.1(3) Final .
Rev'~w Requirements be amended as follows:
The final re~iew is. that stage in the review process of the'
Community Appearance Board after which the Board makes a
formal decision w~eh-~e~a~-~-~he-~ee~mme~ae~o~-~-w~
m~e-~-ehe-~y-~o~e&~ on an application for a permit
to erect a building, structure or sign, or to materially
alter the elevation of a building, structure or sign. Prior
to initiating the ~inal review of the Community Appearance
Board, the applicant w~.ll submit tho following material
to tho Board:
~ ~. -2- Ord. No. 12-76
124g
SECTION 5. R7%at the heading of Section 2-35 and Section 2-35(b)
be amended as follows: -i~
Secti0n.<2.-35.< Me. etings, Records,
es~e~.~ and Decision.
(b) Failure of the Board to make a ~eeemme~a~.sa decision
within f~een-~S~ forty-five (45~ days of sufficient
plans and specifications being filed with the Board
sl~all constitute a-~eeemme~%da%~-fs~ an approval of
such plans and specifications by the Board.
SECTION 6. That Section 2-35(c) is hereby repealed.
SECTION 7. That Section 2-36 be amended to read as follows:
The requirements of this ordinance are in addition
to any other requirement of the Code of Ordinances
of the City of Delray Beach, such as the Zoning
Code, the Building Code, etc. A-~eeemme~a~e~-~e~
A__n approval by the Community Appearance Board of a
given set of plans ~nd specifications does not
necessarily constitute evidence of applicant's
compliance with other requirements of the Code of
the City of Delray Beach.
SECTION 8. That Section 2-39 be added to read as follows:
Board of Adjustment Prohibited From Grantinq
Variances.
The Board of Adjustment of the City of Delray Beach
is hereby .expressly prohibited from granting a
variance from any of the requirements, terms or
conditions set forth in Chapter 2, Article 2 of
the Code of Ordinances of the City of Delray Beach.
SECTION 9. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall .not
affect the validity of the remaining portion, thereof.
SECTION 10. That this ordinance shall become effectiye upon
second and final'reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of May .. , 1976.
ATTEST:
J City Clerk
First Reading .April.. 12, !976
Second Reading MaV 10, ].97.6
-3- Ord. No. 12-76
124h
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 SUBSTITUTIN~
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) CONDITIONS; PARAGRAPH (h) USE
VARIANCE PROItIBITED; ADDING PAP~AGRAPt! (i) ..
GPJUNTING VARIANCE PROHIBITED; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
· NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 29-25 Subsection (G) (2) (b) is hereby
repealed and a new Subsection (G) (2) (b) is substituted in its place as
follows:
(b) Notice of the public hearing shall be given in accordance
with the following:
(1) The owners of all property located three hundred
(300) feet surrounding the subject pracel shall
bs notified.' The applicant shall submit a drawing
· showing the location of all property lying within
300 feet surrounding the subject parcel and a com-
plete list of property owners, names,-mailing address
and legal description. The owners of property
shall be those recorded on the latest official
County Tax Ro~ls. Subject list shall be accom-
panied by an affidavit stating to the best of
the applicant's knowledge said list is complete
and accurate.
(2) The ownership of the surrounding properties as
submitted by the applicant, shall be reviewed
by the City Clerk, who shall notify the owners
by regular mail of the date and purpose of the
public hearing. Mailing shall be at least ten
(10) days in advance of the public hearing so
that owners may be represented in person, or
by proxy. For notification purposes, the owners'
of property shall be those recorded on the
latest official County Tax Rolls.
('3)' That no~ice of public hearing shall be posted -
on one of the bulletin boards in the lobby
of City Hall at least 10 days prior to the
public hearing.
SECTION 2. That the two unlettered paragraphs at the end of
Section 29-25 (G) (2) be designated as follows.:
(g) Conditions. In granting any variance, the Board of
Adjustment maY prescribe appropriate conditions
and safeguards in conformity with existing ordi-
nances.- Violation of such c6nditions and safe-
guards, when made a part of the terms under which
the variance ~s granted, shall be deemed a vio-
lation of exis~J.]~g ordinances and punishable under
Section 29-33 of this ordinance.
124i
(h) Use Variance Prohibited. Under no circumstances
' ' shall the Board of Adjustment grant a variance
to allow a use not generally permitted or by
conditional use allowed in the Zoning district
involved, or any use expressly or by implication
prohibited by the terms of existing ordinances
in said zoning district. Conditional uses may
be ~ranted only in accordance with Section 29-21
of this Code.
SECTION 3. That Section 29-25 (G) (2) be further amended by adding
he following:
(i) Granting Variance Prohibited. The Board of
Adjustmenu of the City of Delray Beach is .
hereby expressly prohibited from granting a
variance from any of the requirements, terms
or conditions set forth in Chapter 2, Article
2, of the Code of Ordinances of the City of
Delray Beach.
SECTION 4. If any section, subsection, sentehce, clause, phrase
or portion of this ordinance is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
SECTION 5. This ordinance shall become effective upon second and
final reading and shall apply to all applications for a variance filed
after the effective date of this ordinance. ~'
PASSED AND ADOPTED in regular session on second and final reading
on this the _~_~Q_th____day of May , 1976.
ATTEST: ~ ' ' M A Y~O~
City Clerk
'irst Reading ... Ap'ril 12, 1976
~econd Reading May_10, 1976
-2-
Ord. No. 13-76
124j
.~'~; ~_ ~; j~: ?5-ORD~N~cE N0...¥14_76 ~i: ._
DEL-~X BEACIt, .FLORIDA, DECLARING A FORFEI~RE
.
OF TIlE 2"~CHISE FOR A CO~NI2~ ~TENNA TE~E-
~ VISION SYSTE~ G~TED TO TELEPROMPTER FLORIDA
.... r ::~7 CATV CORPORATION BY ORDIN~CE NO. 36-71, RESERV-
ING UNTO ~E CI~ OF DEL~Y BEACH ~Y RIGHTS OF
RECOURSE ~DER THE TERMS ~D CONDITIONS OF SAID
WHEREAS I TELEPROI~PTER FLORIDA CATV CORPDRATION was granted a .fran-
chise to operate and maintain a Community Antenna Television System in. the
City of Delray Beach pursuant to Ordinance No. 36-71.
WHEREAS: TELEPROI'iPTER FLORIDA CATV CORPORATION has not begun per-
formance under the franchise granted to it.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS~
SECTION 1. 1~nat a forfeiture of the franchise previously granted
TELEPRO~'~TER FLORIDA CATV CORPORATION is hereby declared pursuant to
23 of Ordinance No. 36-71 because of the Grantee's total failure to perform
its obl~igations under the franchise.
SECTION 2.. That all rights and remedies of the City of Delray Beach,
Florida under the terms and conditions of Ordinance No. 36-71 for forfeit-
ure or breach of the franchise therein granted are hereby preserved.
PASSED AND ADOPTED in regular session on second and final reading
on this the .... 10th day of .... ~av , 1976.
-'~ A Y O R' ~ ~ .......
ATTEST ~
C erk
F~rst R~ading~prll 12, 1976 _.
Se~nd Rea2in[l. May ~76