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06-28-76 A rego. l[ar meet:Jng of the Cit:y Co,~n::i]. of the City of Delray Beach, F].orida, was he].d itl the Co.:ncil C]~ambers at 7:00 P. M., Monday, , . . ,,c:mif]ey p , 0'uno 28, ]_976, with Mayor James I]. c .,. :~ , residing and City Manager J. Eidon Marioht, City At~torney !togor Snberson, and Council members John E Gom{:ry~ Jr. , David E Randolph, Aaron I ..... ,anson IV., and Leon M. Wcekes, present. 1. The Lo~d's Prayer was zepeated in unison. 2. The Pledge of A].legiance to the Flag of the United States of America was given. The minu~es of the regular meeting of June 14, 1976 were nanimously approved on motion by Mr. Gomery and seconded by Mr. Randolph. :'. Weekes referred to page 7 of the minutes ~here he questioned Mr. Fleming ,.tgarding the residents in Swinton Circle area being assessed for the rainage project. The minutes reflect correctly the answer given by Mr. Fleming that this was paid for by 5he County but this is no~ true, the citizens in this area were assessed fez this drainage project, Mr. Weekes added. 4.a. Mr. Randolph asked that a Xetter be sent to the Co--unity Development Block Gran% Program infor~ing them of the appointment of Mrs. Ann Oxidine as the alternate member of the Board and the name change of Teen Town to C. Spencer Pompey Park. The City Manager stated he would do this. 4.b. Mr. Sanson stated he would like to schedule the proposed Tree Preservation Ordinance for discussion at a future workshop meeting and added he would like to take the jurisdiction of issuJ.ng pe~its for the removal of trees from the Building Department and place t. his under the jurisdiction of Parks and Recreation. The City Manager noted .this transfer has already been made. Council agreed to schedule this item for a future workshop meeting. 4.c. Mr. Sanson advised Council that in the City of Boynton Beach a Mr. 'Pratt was running ads relative %o his objec'kion to Boyn~on Beach pro- ceeding with their lime softening system and an anonymous reply was received addressed [o Mr. Pratt which read: "Why don't you stop acting as a front for Moose Moore, Attorney for the Water Softener Interest, Hey Culligan Man; does Councilman Ron Sanson of Delray Beach, carry the insurance for that outfit also". Mr. Sanson stated the only interest he has is for the citizens of Delray and he wanted to clarify that h~ does not have any insurance on anybody connected with this controversy. 4.d. Mr. Sanson stated he asked the City Manager ~o place Ordinance No. 2-76, Private Streets ~mendment, on the agenda and questioned why this was not done. City Manager Mariot~ informed Mr. Sanson he made the request prior to the last workshop meeting at which time it was scheduled to be discussed. Since this was no5 discussed, it was not ready for Council action tonight. Mr. Sanson added he told the City Manager's secretary, he didn't care if it was ready, he wanted this item placed on the agenda, and he wanted a 30-day deadline for the study committee to review Ordinance No. 2-76. It is now over 'hhe deadline and he has received no communications from anyone on that :o~ittee an~ added the postponement of the passing of this ordinance is :,~using great difficulty in the Planning Departmenk. Mr. Sanson moved that Council remove the Ordinance from the table, and pass Ordinance No. 2-76 on second and final reading. The mo%ion died for a lack of a second. The City .Manager noted he. spoke with Mr.. F~ing and Mr. Wallin, members of -khat study con~mit~ee, and they info'rmed.'~'im the committee has not completed their study. Mr. Sanson requested t'h~t the City Manager recommunicate with the committee and inform them he would like this matter expedited. Council agreed to schedule the nex~ workshop meeting for Thursday, July 1, 1976 for 2:00 P. 4.e. Mr. Sanson staked ho has received t.elephone calls from members of the press regarding thc mini-PERC and requested the City Attorney give th~ press a ]otLer ou'[lJ ning ~he mini-Pl~:RC. '['he City Attorney explained the minJ- PE[IC h;'~s ~ few f. unctions qnc]er qhc, Ordinance which are the same as the State- PERC under SLate I.aw wh~c;~ ~'e as fo]lows: t~king registration :-~tatemenus from employe~ organi, za~ions t:o cork:try that they are qun]ified, hearing elcci~io:~ p~t:i.tJon roquost, s~ uq[ctir lab,~r pracl:.ice charg~s, appointing pc¢:ial ma:-;ters J..n t:lK~ c,!~:3c o[7 an inpi~ssxe and as:~osz~ing strike damagers, in th..~-" vent of an unlawful, cmp].oyce s'trJke. City Attorney ,~,d0e~,,cn. advJ. sed he would ~.'ite a Jetter {:o the I~ s . ' ')' ' d_t. 4zl. Mr Weekes )ro,:~ cxp.laini, n9 the m:i.n.k-ll,RC in "'o-'¢ ' ,mluested the City A'ttorncy to note in his ].ettcr the difference between ~.v:i. 1 Service Board and t. he mini-PERC. .f. Mr. Weekes reque~;t~ed that recognition be given to the Charter . ::~[~ew Committee :in the form of a resolution. Mayor Schei:~ley requested that '~e City Attorney pz-epa:n'c such a resolution. Mayor ScheJ..fley r;tated he ]]opes everyone will attend the Bicentennial ,rvice which is scheduled to be held at the Civic Center, July 4, 1976 at :00 P..M. and everyone should bring a flag and a bell to ring at 1:55 P. M. /..a. Mr. O. F. Youngblood, 210 N. W. 6~h Avenue, and Richard Weber, · :~5 Lake Eden Way, Executive Director of the Delray Beach Sickle Cell Fund, :.?eke in reference to item 6.f. Mr. Weber stated when the land is allocated or the Sickle Cell Center, he would like Council's approval to erect two .Lgns. Mayor Scheifley informed Mr. Weber he will have to obtain a sign · :~rmit and will have to go before the Co~unity Appearance Board. Mr. Young- .[ood stated the Sickle Cell Fund drive has arranged for the Delray Beach ' )_ayhouse to present a program on July 20, 1976 and the proceeds will go ~'owards the Sickle Cell Fund. · .a.1. Mr. Ed Kromer, 952 McCleary Street, reported on the funds for the ~ ime Capsule in connection with the Bicentennial Celebration and added he :as received checks from the First Federal Savings and Loan of Delray Beach, ~7,elray Beach Board of Realtors, First Bank of Delray, Barnett Bank of De'lray :..,each, the Kiwanis Noon Club He is expecting checks from the Spanish River inn, Automobile Dealers Association and the Sun Bank. This brings the total funds to $675. Mr. Kromer listed the following contributors: Tropic Isl~ Civic Association First Federal of Delray Beach Property Owners' Association First Bank of Delray Kiwanis Noon Club Board of Realtors Kiwanis sunrise Club Spanish River Inn. Capital Title ~ Automobile Dealers Association Nacirema Club Barnett Bank Mrs. Dorothy Scheifley' Sun Bank Mayor Scheifley spoke on behalf of Council expressing his apprecia- tion to Mr. Kromer for a job well done. Mayor~ Scheif!ey stated a suggestion was made that a Delray Beach decal be placed on the time capsule and requested the City Manager to have this done. 6.a.2. City Manager Mariott stated it is reco~ended that Council authorize the auction sale of items held bv the Police Department. Upon question by ir. Gomery, Mrs. Arnau, City Clerk, advised the auction sale is advertised in uhe local newspaper which states the date, time and lists the items for sale. Mr. Sanson moved that the City administration be granted permission Lo proceed with the auction sale of recovered items in the Police Department 'n the proper manner, seconded by Mr. Randolph, said motion passing unan- . mou sly. '.b. The City Manager stated at the last workshop meeting, Council ~:nformally agreed to appoint Mr. Edgar Kromer as a regular member of the oard of Adjustment succeeding Leo Blair to a three-year term ending March '5, 1979, and informally agreed to appoint Mr. Frank Noble and Mr. Jack .-~tts as alternate members. City Manager Mariott added if these appointments .L'e made, this will leave two. alternate member, vacancies on the Board, and ~ese two membez*s will be discussed at a later date. Mayor Scheifley asked ~e City Attorney if it is illegal to serve on two City Boards. The City torney replied the Board of Adjustment Ordinance states any member on that ~ard cannot serve on another J?Dard. Mr. Randolph moved for the appointment of Mr. Edgar Kromer as · gular member %o the Board of Ad~]stment, with term expiring March 15, ?79; Mr. Frank Noble i~s an alternate member with term expiring March ~5 )77; Mr. Jack Pitts as an alternate mcmber with term expiring March Iq, ~']8 pond:lng the receipt of a letter of resignation from the Pension Board, .tended by Mr. Weekes. Tho mot:i.on pafiscd unanimously, bIayor Scheifley stat. ed ~ought should be given to-thc a. ppoir~:ments of the two vacancies which exist .~ tlle Board. - 2 - 6-28-76. 153 6.c. The City Manager pzesentcd ~:.he agre¢:me~t be'twcen the City and the South Central Regional. Wastowater Treatment and Disposal Board for the City's supervision of construction of the wastewater treatment facility for Council_ considerati(lll. Mr Sanson moved that this J'tem be tabled, seconded by Mr W=eke~, Mr. Weekes stated he thinks this should be acted o~ by the Board 'before it tomes to Council. Upon roll call, Council voted as follows: Mr. Gomery Yes; Mr. Rando]_ph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheiflcy - No. The motion passed with a 4 to I rotc. Mr. Sanson amended his motion as follows:' Mr. Sanson moved to table this item for workshop discussion, seconded by Mr. Weekes, said motion passing unanimously. 6.d. The City Manager staked this item was discusscd at a prior work- shop meeting and added it is reconm~ended that Council authorize the transfer ,f $193,879.73 from the Beach Restoration Fund to the Disaster Fund and the epayment Of this same amount from the Disaster Fund to the General Fund o satisfy transfers made over a period of years from the General Fund to he Disaster Fund. Mr. Weekes asked the City Attorney if this transaction is .egal. The City Attorney replied in the affirmative. Mr. Sanson asked Mayor Scheifley if this means there would be no Disaster Fund. Mayor Scheifley replied in the affirmative. Mr. Gomery moved that the $193,879.73 be transferred from the Beach Restoration Fund to the Disaster Fund and' this amount be transferred from the Disaster Fund to the General Fund, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 4 to 1. City Manager Mariott stated he has contacted Stan Ross, the City's Fiscal Consultant, as he was requested to do at the last workshop meeting regarding ~'the disposition of excess beach restoration funds and stated he received a one and a half page memorandum, a copy of which each Council member received. The City Manager stated it is his recox~mendation that this memorandum be discussed at a future workshop meeting. 6.e. The City Manager reported the following quotations have been received to provide coverage with a limit of $3,000,000 ever the current underlying coverage of $1,000,000 for the Catastrophe Liability (Umbrella) coverage. . Bidder Quotation First State Insurance Company (A + ~) $23,000 Empire Insurance Company (B + BBB) $28,000 The City Manager reco~ended that the award be made to the low bidder, First State Insurance Company in the amount of $23,000. Mayor Scheifley asked if the present insurance policy has expired. The City Manager replied the liability insurance was cancelled by the Great Pm~erican Insurance Company, and they have also cancelled the (Umbrella) insurance effective July 1, 1976. Mayor Scheifley asked if this insurance by First State Insurance CompanY covers any lawsuits filed against the City such ,.s the Margolis suit. The City Attorney replied that it would not. Mr. Weekes moved that the low bid of First State Insurance '.ompany in the amount of $23,000 be accepted to provide the City with '.atastrophe Liability (Umbrella) coverage in the amount of $3,000,000 seconded by Mr. Randolph. The motion passed unanimously. 6.f. The City Manager stated at a prior workshop meeting, Mr. O. F. Youngblood requested that the City provide land for which a Sickle Cell buildJ.ng could be constructed, -and added a site has been selected by the City administration and by the Sickle Cell Foundation Officials at the extreme N. W. corner of Teen Town Park which v~'ould be at the intersection of N. W. 13th Aw~nuo and N. W. 3rd Street. The Foundation would like to be able to build a building width the maximum size of 100 feet x 100 feet. The City Manaqer stab.ed it J.s Iccc,nmcnded that Council authorize making avaiiablc sufficient ].and at 't]~o marked location for tl~e construction of this building. Mr. Gomery stated he was surprised at the sJ.z~ of the proposed building and a~k~l";' ,~ Mr. Weber, Executive Director of tho De]ray Beach Sickle Cell Fou]~dati. o~, if t~].s bu-~lding would d]so be a -trea[.ment c(,~c_. Mr. Weber replied at the present time, the bu~lding wou]_d be used f~er testing, counseling, office spac~}, and wcmld }~ve an au(~i.~} visual, section whi_ch wot~ld be l]sed in tostJ, ng and coun::~ling of tho poop}.e. Mr. W(.ber add,~d the largest area in the bui]dinq - 3 - 6-28-76. . ~ ,.~..~.~.k.lc Cell Foundation has would bo for t.be ]al'~ora~ory anti cxpla.'[ned tho c., ~ ~ , bo(~l] working witzh 'tt~: County for about tln:ee years to have a hypertension and risk reversal, program included on the site,but this is not scheduled for the ncaa:' future, Mr, Sat~soil asked [qr. Webber the number of employees hc antJ.cipatcd, Mr. Weber replied there will-be three fu].], time technical employees, three non-l>aid pcz~:,~nnc. 1 and if the hyNertcnsion and risk reversal program goes in~o ..fleet, i~ would be necessary to employ si_x additions. 1 employees. Mr. Weber stated he has asked the architects to inc]_ude a security sys-tem in the building plans. Mr. Gomery mo?'ed [ha[ the land described by ~he City Manager be made available for the use of the Sickle Cell building subject to the providing of instrument, s [o reflect the future agreement of the City in this regard, seconded by Mr. Weekes. Mr. Sanson stated it should be incorporated into the agreement that the Center cannoe further "expand .the building. Upon question by Mr. Gomery, Mr. Weber explained risk reversal had to do with hypertension and coronary artery disease. Mr. Youngblood noted that many while people have sickle cell traits and added this has been studied in North Carolina where it was found that 40% of the white people studied had sickle cell traits. The motion passed unanimously with Mr. Randolph abstaining as he is Chairman of the Board of the Sickle Cell Foundation. 7.a. The City Manager reported the City is in receipt of a resolution. 'adopted by the Area Planning Board notifying the City of the completion and acceptance of its Comprehensive Plan as being in full compliance with spec}al legislation regarding comprehensive p. larming by local government, s in Palm Beach County. Mayor Scheifley congratulated the Planning and Zoning Board for their ~ork on thJ. s subject. 7.b. Mayor Scheifley acknowledged the minutes of the Beautification Con~ittee for their meeting held June 2, 1976. 7.c. The City Manager reported a co~nunication has been received from %he Ridgewood Country Club Subdivision lying in the extreme southwestern section of the Delray Beach Annexation Reserve Area and not within the City, that they be pez.~z~ted to use the water and sewer facilities of the Palm Beach County Utility System 6 on an interim ~ois until the South Central Regional Wastewater Treatment and Disposal Facility is completed. City Manager Mariott stated the City Attorney suggested Section 5 of the City Manager's letter dealing with annexation be altered to require that the execution of a request for annexation be made at this time rather than at a time when City water and sewer becomes available. The City Manager asked Mr.' John Grant', ConSulting Engineer for the Ridgewood Country Club, if he would have any objection to this change in Section 5. Mr. Grant replied he would have no objection. The City Manager stated it is reco~mnended that Council approve his letter dated June 24, 1976 to the Ridgewood Develop- ment Company as modified by this conversation. Upon question by Mr. Sanson, Mr. Grant advised this development has 340 acres with a .9 density. Mr. Sanson stated he wanted to point out this is $270,000 worth of tax revenue the CJ. ty is losing. The City Attorney stated that annexation will occur when the property is contiguous with the City limits and annexation would not mean that the Ridgewood Country Club would not lose use of the County water and sewer. The City Attorney further explained it should be made clear that the property owners know the annexation agreement will have to be recorded so future home purchasers will know and take title subject to being annexed to the City. The City Manager added the developer will be able to continue using the County water and sewer service until the sewage treatment plant is in operation. At that time, they would be able to get both water and sewer service from the City. Mr. Randolph moved that ~he provisions under agenda item 7.c, '~s supported by the letter, dated June 24, 1976, from the city Manager co Mr John A. Grant, Ridgewood Development ComLany, 3333 No Federal ~[ighway, Boca Raton, F].a. and the comments made at tonight's meeting ..}e approw~d, seconded by Mr. Weekes, said motion passing unanimously. 8.a. City Manager Mariott reported it was informally agreed at the June 21, 1976 work~:~hop to change the name ol Teen Town to C. Spencer Pompey Park J_n honor of C. Spencer Pompey, long time educator and Principal of Carver Middle School. The City Mana,~er I .c., cnted Resolution No. 27-76. - 4 - 6--2g-,76. 155 A ]U:iSO],UT1ON OF TIlE Ci'I'Y COUNC'[L OF TIlE CITY OF DEL~OiY BI,.',ACI.I, FLOI~II)A, CIIANCING TIlE NAME O};' TIlE PARK AND ]/l'S RECI~EAT]]ONAL FA(i].L!TIES I,OCATED AT 240 N. W. 10Tli AVI~iNUE FROM TI~EN TOWN TO C. SPENCER POMPEY PARK AS.AN ItONORARIUM TO C. SPENCER PONI'EY IN RECO(]NITION OF ItIS DEDICATED AND DISTINGUISIII~JD SERVICE. (Copy of Resolution No. 27-76 is attached to the official copy of these minutes). Mr. Randolph moved for the adoption of Resolution No. 27-76, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sans.~,n - Yes; Mr. Weekes - Yes;Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. Mayor' Scheifley started- he had hoped Mr. Pompey would have been present to receive his copy of the Resolution. 8.b. The City Manager stated Ordinance No. 23-76 is relative to amending the investment requirements of the Police and Firefighters Retire- ment System and added this proposed change is mandated by Philip F. Ashler, State Treasurer and Insurance Commissioner. Mayor Scheifley stated it is the intent of this ordinance to clarify the oziginal ordinance. The City Manager presentep. Ordinance No. 23-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACtl, FLORIDA, ~ENDING ARTICLE IV, CHAPTER 19 PENSION PLAN FOR POLICEMEN AND FI~MEN OF THE CODE OF ORDINANCES BY REPEALING SUBSECTION 5 (b) (4) OF SECTION 19-37 AND SUBSTITUTING IN ITS PLACE A NEW SUBSECTION 5 (b) (4); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption 'of the ordinance. Mr. Gomery moved for. the passage of Ordinance No. 23-76 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr.. Randolph - Yes; Mr. Sansom - Yes; Mr. Weekes - Yes; Mayor Scheif]ey - Yes. The motion passed with a ~ote of 5 to 0. 9.a. City Manager Mariott stated the Planning and Zoning Board at a recent meeting recommended by unanimous vote that the preliminary plat for Pine Trail Subdivision, located in Section 12-46-42 on the south side of Lake Ida Road, between Military Trail-and Barwick Road be approved, subject to the City Engineer's .co~ents as stated in his June 21, 1976 memo and subject to the compliance with all requirements of the Lake Worth Drainage District as stated in their May 19, 1976 letter. Mr. Sanson moved that this item be referred to a workshop meeting, seconded by Mr. Gomery. Upon question by Mayor Scheifley, Mr. Sanson stated he wanted this referred to workshop because he would like to review the plat and a letter was received from the School Board skating they could not accon~odate the children. Mr. Arthur Strock, representative for the applicant, stated the School Board has taken a firm. position that they do not provide facilities until the need arises. Mr. Weekes stated he has confidence in the Planning and Zoning Board's recommendations and would not question the unanimous deci:~ion made by that Board. Upon question by Mayor Scheifley, Mr. Strock stated this would be a family development. Mr. Sanson stated he concurs with Mr. Weekes' statement and stated the Planning and Zoning Board only considers the zoning aspect of the development; they do not consider the impact of the development or the number of people in the co--unity. Mayor Scheifley asked Mr. Wallin, Chairman of the Planning and Zoning Board, if they considered the school factor in their d&cisJon. Mr. Wallin replied this has been the School Board's answer for years, and the Planning and Zoning Board does take into consideration the number of people. Upon roll' call, Council voted as follows: Mr. Gomery - No; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - No; Mayor Scheifley - No. The motion was defeated with a 4 to 1 vote. Mr. Richard Seamens, the developer of the proposed subdivision, stated the price range for this subdivision will be from $26,000 to $34,000 for each unit, and there will be one and two story homes; they intend to have each u~{J.t interch~ngable with another so it will not have a monolitb.;c appearance. M~l?. W~ekcs moved that council accept the recommendation of the Plnnning a~d Z~ming Board to accept the ,3~elJminary plat of Pine Trail Subd~visio]~ loc-areal J.n SectJ.on ].2-46-42, subject to the condJ, tJons ploccd thereon by the E~g~in~cring l)(N_~artment an, i t]~e re~fuirements of the I,akc - .5 - 6-28-76. Worth Drainage District, secor~ded by Mr. Randolph. The motion passed unanimously. 9.b. City Manager Mariott stated the PlannJ.nq and Zoning Board at a recent meeting rece~mr~ended by unanimous vote that the conditional use for an addition to Jordan Baptist Church in the R-lA (Single Family Dwelling) District be approved, subject 'to the City Engineer's comments in his memo of June ].l, 19'76 to the Planning Director and. that the maximum capacity of the church shall be 36 people. The subject property is located in Section 8-46-43 on the south side of Lake Ida Road between lq. W. 6th Avenue and N. W. 8th Avenue, if extended north. Mayor Scheifley questioned the survival of a Church with. only 36 parishioners. Reverend edom, 17 S. W. 14th Avenue, pastor of the Jordan Baptist Church, stated the Church is crowded and they need more space. Mayor Scheifley asked Reverend edom if there is any possibility of further expansion in the future. Reverend Odom replied negatively. Mr. Sanson moved that the conditional usc for %he expansion of Jordan Baptist Church be approved, subject to the City Engineer's comments in his memo of June il, 1976 to the Planning Director, and that the maximum capacity of the Church shall be 36 people, seconded by Mr. Randolph. The motion passed unanimously. 9.c. The City Manager reported the Planning and Zoning Board at a recent meeting recommended by unanimous vote that the conditional use for a Me'dical Building for Cora Lee Reynolds in the RM-10 (Multiple Family Dwelling) District be approved subject to the City Engineer's comments and approval of the Board of Adjustment and also with the provision the building area be changed from 1790 to 2190 square feet, reducing the land- scaping by the same. This property is located in Section 9-46-43 on the south side of N. E. 8th Street between Palm Court and Dixie Boulevard. Mr. Ed Kromer, 952 McCleary Street, informed Council the Board of Adjust- ment tabled this item due to the absence of flood insurance. The City Attorney stated the effect of not having flood insurance available is that no federally insured lending institution would make a loan on a dwelling in the City if it were disqualified. Since the Board of Adjustment has not acted on this, it would be improper for Council to act at this time. Mr. Sanson moved that the item be tabled, seconded by Mr. Gomery, said motion passing unanimously. 9.d. City Manager Mariott reported the Planning and Zoning Board at a recent meeting recommended by unanimous vote that a 22,500 squ~re foot parcel of land in Section 28-46-43 on the west side of Florida Boulevard between Avenue "E" and LaMat Avenue be annexed subject to ~-15 (Multiple Family Dwelling) District. Mr. Gomery moved that the 22,500 square foot parcel of land in Section 28-46-43 on the west side of Florida Boulevard between Avenue "E" and LaMat Avenue be annexed subject to RM-15 zoning, seconded by Mr. Sanson. The motion passed unanimously. The City Attorney advised an ordinance for annexation will be prepared. 9.e. The City Manager reported the Planning and Zoning Board at a recent meeting reconnnended by unanimous vote that the conditional use for Golfun in the RM-15 (Multiple Family Dwelling) District to allow a pitch and putt golf course, driving range and related facilities be approved subject to the comments of the City Engineer and the Lake Worth Drainage District and that the light fixtures (or t'he equivalent) as shown be used. The subject property is located in Section 25-46-42 on the south side of Linton Boulevard, between Military Trail and Dover Road, if extended. south. Mr. Sanson requested %his item be referred to workshop due to the effect this project could have on the destruction of vegetation which might have sc. me bearing on the tree ordinance and added this subject needs further considerak~on. Mayor Scheifley asked Mr. Wallin if there were any objectors to khe conditional use at the P]anning and Zoning Board hearing. Mr. Wa].lin rep]_ied no; he was tho strongest objector to the lighLs, lie explained the developers have invented a light which will not bu sce]~ beyond the pitch and putt course. Mr. Robert Ifa].]_, architect, rcl>resontJ.nq the d('~ve].opcr John Walker, noted [:hero are 1~ acres in thi~: propos~}d are~ .Iud added Mr. Wa]ker owns an addit:ional 34.8-acres Jnu)tediate].I' to the east. Mr. SansOn mov'ed 157 ...~.- · ..... ,: . ' ....· (]O]31C~]f~, bu'h "s ~... not will:Lng to nol2 up t]~<: devo]_opc,r n.n'hil hi,at ordinance is amend,?d Mr. Randolph s'ta[~d ho doe~3 not ]~now how far Council sbou2d go :into a perch:on wh~tt t-.]~ey can or cannot do '" 'tl~ei i>rci:,orty and, if this tree pre;;erw~tion ordinance J:: amended to proh:~t:)it the owner to install a pitch and pu'tt course, he feel~:~ Council J.~ ove~:st~pping its bounds. Mr. Randolph added he is prepared 'to ~ustzair~ the recommendation of the Planning and Zoning Board. Upon roll call, Council voted as fol].ows: Mr. Gomery - Yes; Mr. Rando].pb -- No; Mr. Sang, on - Yes; Mr. Weekes -'No; Mayor Scheifley - No. The motion was defeated with a 3 to 2 vote. Mr. Sanson asked the City Attorney 'to wha% degree does a person have to clear his land under the curr_.n-c tree preservation ordinance. The City Attorney replied he would have to check the Code of Ordinances. Mr. Sanson asked that it be deter- mined whether anything illeual has taken place on this p!ot of land. Mayor Scheifley stated what Hr. Sanson means is the ordinance being enforced. Mr. Sanson questioned how the surrounding residents who have hOe been notified, would respond td this pitch and putt course, and added he has great reservations about Se6ing this course being developed. Gomery asked how neighboring' residents were notified of the Planning and Zoning Board mee[ing. Mr. Dan Kotulla, Planning Director, replied it is a requirement for conditional use that people are notified within 500 feet surrounding the subject parcel and the developer has to provide the City Clerk's Office with the names and addresses. The City Clerk's Office then sends out the notices notifying the residents of the public hearing. Mr. Weekes moved that Council sustain the reco~endation of the Planning and Zoning Board on this Go!fun pitch and putt golf course, seconded by Mr. Randolph. Mr. Sanson moved that an addition be made to the estab~zst~enc were to go above motion, which would be in the event this ': out of business that the owner be responsible for replanting the s~e number of trees that he has removed. Mr. Weekes stated he would not accept that amendment to that motion on the basis that it is not enforceable and is not feasible. Upon roll call, Council voted as fo!lo~.gs: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley Yes. The motion passed wihh a vote of 4 to 1. 10. The City Manager recommended that Council authorize payment of '6he Cihy's bills. Mr. Randolph moved to pay the bills, seconded by Mr. Weekes, said motion passing unanimously. Mr. Gomery asked for an explana- tion on the Citizens Contribution Fund. The City Manager advised he will check and report to Council. Mr. Sanson asked if the bill for $296 for Russell and Axon was on the bills for approval. The City Manager stated he was advised by the Finance Director this bill will be on the next list of bills for approval. Mr. Gomery questioned the bill from Russell & Axon which was multiplied by 2.5 and asked if this is t~e same multiplication rate which is used by the other engineers of the City. The City Manager replied it depends upon the contract arrangement. General Fund ................. $223,300.64 Water and Sewer Fund ............. 33,74]..33 Cigarette Tax Fund .............. 72,800.00 Citizens Contribution Fun~ . . . ' ....... 2,280.60 Federal Revenue Sharing Fund ......... 11,389.32 Mr. Gomery moved fOr ~he adjournmenh of the meeting, seconded by Mr. Randolph, said motion passing unanimously. The m_e~mnge =' was adjourned at 9:30 P. M. / City Clerk APPROVED: - ? - 6-28-76. 15:8 1,58a RESOLUTION NO. 27-76 A RESOLUTION OF TIlE CITY COUNCIL OF 7~IE CI~f OF DEI,F~Y BEAC~I, FLORIDA, CI~J'~I',~G]~[~G TIlE NAM~E OF THE PAFdl A~D ITS RECP~ATIONAL FACILITIES LOCATED AT 240 N.W. !0~{ AVEL~ FROM TEEN TOWN TO C. SPENCER POMPEY PA~< AS AN tIO~O~RIUM TO C. SPENCER POMPEY IN RECOGNITION OF Ills DEDI~YED AND DISTING~fESt~D SERVICE. ?~tEREAS, C. Spencer Pompey has given untiringly of his time, leadership and ability in serving the City of Delray Beach and the educa- tional community of this area as an outstanding educator of our children; ~and, ~EREAS, the City of Delray Beach is a better co--unity result of his dedicated and distinguished service; and, ?~-~REAS, the City Council on behalf of the citizens of the City of Delray Beach being desirous that his efforts be recognized, acclaimed and permanen%ly recorded~ NOW, ~-~REFOP~, BE IT RESOLED BY ~.~ C!~f CO~CIL OF Tile CI~' OF DEL}~Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1. ~at in honor and deep %~ppreciation of the distin- guished and dedicated service of C. Spencer Pompey to this City and the educational community of this entire area, the following city property located North of N. W. 2nd Street, South of N. W. 3rd Street, East of N. 13th Avenue and West of N. W. 10th Avenue -.in Section 17-46-43 is hereby named "C. Spencer Pompey Park". PASSED AI~ ADOPTED in regular session on this 28th day of June, 1976.