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02-10-75 FEBRUARY 10, ].975 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, February 10, 1975, with ~ayor James ti. Scheifley presiding, and City Manager J. Eldon Mariott~ City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, DavJ. d E. Randolph and Ron I. Sanson, IV, present. 1. ~'he opening prayer was delivered by Rev. David Travis of Unity of Delray Church. 2. The Pledge of Allegiance to th~ Flag of the United States of America was given. 3. The minutes of the regular meeting of January 27, 1975, and ~e special meeting of February 3, 1975, were unanimously approved on 'motion by Mr. Sanson, seconded by Mr. Randolph, with ~. Sanson re- questing that the following corrections be made in the minutes of January 27, 1975: Item 10.c.1. - the addition of the word "formal" preceding the word "request" in the fourth line; and 10oC.1. - the addition of the word "secret" preceding the word "election" in the twenty-first line. 4.a. ~ir. Gent stated the Red Feather sign for the Community Chest Drive would not be attached to the flag pole on the beach since objec- tions had been received from the American Legion and the Veterans of Foreign Wars. The sign will be set up separately. 4.b. Mrs. Krivos stated since January, at which time she had voted fOr 'the City Manager with reservations, she felt his policies had not changed and that he was costing the taxpayers large amounts of money. Therefore, she moved the City Mansger b~ f.J. red. Th~ motj~on was seconded by ~. Gen%. The followi~g persons spoke in favor of retaining the City Manager: Mr. O. F. Youngblood, 210 N.W. 6th Avenue, Delray Beach; Mr. John Pitts, 237 Seacrest Lane, Delray Beach; Rev. Semmie Taylor, 1437 S.W. 3rd Street, Delray Beach; Mr. Robert D. Chapin, 2012 N.W. 3rd Avenue, Delray Beach; Mr. Robert Grauch, 555 S.E. 6th Avenue, Delray Beach. These persons cited the outstanding performance of the City Manager in his managerial duties, the obtaining of County, State and Federal funds to aid the city and citizens, the City Manager's open door policy; his efforts to achieve cohesiveness between black and white citizens, the completion of the beach project and. t'he Southwest Drainage Project, the integration of City employees, and the saving of large amounts of money for the taxpayer's benefit. It was pointed out the person holding the City Manager's position, as stated in the City Charter, should be hired for his executive and administrative qualifi- cations and must be fired for the lack of performance in these areas. Mr. Sanson supported the City Manager, stating he felt the City Manager performed his duties to the fullest extent with the utmost speed and is performing in accordance with the City Charter. Mr. Randolph ex- pressed his concern for the performance of the City Council as a working machine. He further stated that in working with the City Manager, he believed it would be a disservice to the City to make any change. Mr. Gent stated he seconded the motion to fire the City Manager because he felt the City Manager did not have a good working relationship with the employees or the public. Mayor Scheifley supported the City Manager and cited several instances in which the City Manager has established money saving policies, and remarked on his outstanding performance and the esteem in which his peers held him. Upon.roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - No; Mayor Scheifley - No. The motion was defeated with a 3 to 2 vote. 4.c. M~r. Sanson asked for an explanation of the situation in Imperial Villas and why the City could not take action to help relieve the problems there. The City Manager replied a workshop meeting would be held with the proper people present to discuss the matter. Mrs. Nettie Durante, 2750 Ponce de Leon Boulevard, Delray Beach, asked whether or not the road bond in Imperial Villas has been released to Mr. Donner. The City Manager replied a bond had been posted with the City for all required improvements. A portion of the improvements have been completed and a portion of the bond has been released, approximately coinciding with the value of the improvements that have been completed. Mr. Sanson stated 92% of the bond has been released to the developer. 6.a. . The City Manager stated at the workshop meeting of Council it was informally decided to move the "Public Requests from the Floor" from Item 10.a. on.the Agenda to Item 5. Mrs. Krivos moved that the Public Requests from the Floor be moved from Item 10.a. to Item 5 on~ · the Agenda effective February 24, 1975, seconded by Mr. Randolph, said motion passing unanimously. 6.b. City Manager Mariott reported the County has made a signali- zation survey at the intersection of S.W. 10th Street (Lowson Boulevard) and South Congress Avenue. It has been determined a traffic signal is warranted and an agreement has been prepared by the County between the County and the City of Delray Beach for the County to install the signalization entirely at County expense for installation and mainten- ance. Mr. Gent moved tkat Council approve the agreement with the County for the installation of traffic signalization at the intersection of S.W. 10th Street and South Congress Avenue at County expense, seconded by Mrs. Krivos, said motion passing unanimously. 6.c. The City Manager reported an agreement with the County has been made for traffic signalization at the intersection of S.W. 12th. Street (Linton Boulevard) and South Congress Avenue. This traffic. signal will be installed and maintained at County expense. Mr. Sanson moved that Council approve the agreement with the County for~ the installation of traffic signalization at the intersection of S.W. 12th Street and South Congress Avenue at County expense, seconded by Mr. Gent, said motion passin~ unanimously. 6.d. The City Manager reconunended that Council approve Change Order No. 2 for the Storm Drainage Improvement Program in the vicinity of Lowry, Andrews and Thomas Streets in the amount ~of $14,233.88. The City Manager explained the original project has since required additional work to get the storm drain around the existing lift station on Andrews Avenue, replace an existing catch basin, provide rock excavation, pro- vide underground electrical connection to the proposed pumping station, and use of cast iron pipe in place of vitrified clay pipe. The addi- tional monies will come from the Southwest Drainage Bond Issue Account. Mrs. Krivos moved for the approval of Change Order No. 2 for the Storm Drainage Improvement Program with funds to come from 'the Southwest Drainage Bond Issue, seconded by Mr. Randolph, said motion passing unanimously. 6.e. The City Manager recommended that Council authorize an Easement Agreement between the City and Erskine H. and Virginia W. Courtenay for an additional 3.5 foot wide easement extending from Seabreeze Avenue to South Vista Del Mar. This easement is needed by the City in connection with the Storm Drainage Improvement Program in the vicinity of Lowry, Andrews and Thomas Streets. Mr. Randolph moved for the execution of an Easement Agreement between the City and Erskine H. and Virginia W. Courtenay for a 3.5 foot wide easement extending from Seabreeze Avenue to South Vista Del Mar, seconded by Mr. Gent, said motion passing unanimously. 7.a. City Manager Mariott reported several mo~ths ago the City authorized the firm of Arthur V. Strock & Associates to perform a twelve month study of the beach restoration project. It is recommended that Council authorize submission of an application requesting permis- sion to engage in a beach nourishment project in orde~~ to have approval from the necessary agencies when the City is ready to proceed. The State and Federal formulas for maintenande follow the construction -2- 2-10-75. amounts, i.e., if the project should, cost $300,000, the Federal Govern- ment would assume approximately $150,000, the State would assume approxi- mately $75,000 and the County would assume the remaining $75~000. Council requested ~copies of the plan prepared by Arthur V. Strock & Associates. Mr. Randolph moved approval be granted by Council author- izing submission of an application for beach nourishment, seconded by Mr. Sanson. Mr. A. D. Noble, Arthur V. Strock & Associates, requested Council to authorize the application pursuant to Chapter 253 of the Florida Statutes. Mr. Randolph amended his motion to include authori- zation per Chapter 253 of the Florida Statutes, seconded by Mr. Sanson. Mr. Noble explained Chapter 253, Section 124, specifies that the gOverning body of the municipality (the City Council) must approve placing the fill on the beach. Upon roll call, Council voted as follows: Mr. Gent - Yes; ~s. Krivo$ - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 7.b. The City Manager stated he had received notice recently that a petition would be presented to Council at this meeting asking City Council to support the High Point residents' attempt to secure a traffic signal on West Atlantic Avenue at the High Point entrance. In December, 1974, the City requested the County Engineering Department to give County approval for the installation of the traffic signal; to'date, the County survey is not complete. Mr. Richard E. Flynn, 450A High Point Drive, Delray Beach, stated more than 1,000 families are living in High Point and because of the one main entrance at High Point and the other large developments in the area, the traffic problem is be- coming increasingly worse. He presented a petition signed by 1,140 residents of High Point asking for the installation of a traffic signal. The City Manager stated if the County grants approval for the installa- tion of a light, he will recommend to the City Council, after attempting to have the County participate in the installation, that the City pay ~for installation of the light. ~. Randolph requested that a resolution be prepared supporting the residents of High Point in their request for a traffic signal. The City Attorney stated a resolution would be pre- pared for the next regular Council meeting. Mr. Sanson moved that a resolution be prepared for Council's consideration at the next regular meeting supporting the High Point development's request for a traffic signal, seconded by Mr. Randolph. Mr. Gent requested that at the time a traffic signal is requested for High Point that a coordinating light at Homewood Boulevard be requested. The City Manager suggested that the resolution contain only support for the High Point traffic signal and then request the County to study the advisability of the installa- tion of a traffic light at Homewood Boulevard. The motion passed unanimously. 8.a. The City Manager presented Resolution. No. 7-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ROAD RIGHTS-OF-WAY, CANAL RIGHTS-OF-WAY AND ~SEMENTS IN AN AREA LOCATED SOUTHEAST OF S.W. 12TH STREET AND 1-95, BEING ~ IRREGULAR PARCEL OF LAND BOUNDED ON THE EASTERNMOST SECTION BY S.W. 4TH AVENUE, ON THE SOUTH BY QUAIL ROAD, EGRET CIRCLE, DOTTEREL ROAD AND ROBIN ROAD, ALL LYING WITHIN TROPIC PALMS PLAT NOS. 3 AND 4, AND ABANDONING PORTIONS OF TROPIC PALMS PLAT NOS. 3 AND 4. (Copy of Resolution No. 7-75 is attac~ed to the official copy of these minutes.) The Planning and Zoning Board has recommended by unanimous approval the abandomnent o£ certain road rights-of-way, canal rights- of-way and easements in areas of Tropic Palms. The City Attorney requested Council, if approval is granted, to grant approval contingent upon the developer furnishing the City Attorney with a Certificate of Title acceptable to him within 10 days. A subdivision plat will be presented to the City by the developer at a later date for approval by Council. Mr. Gent moved that City Council adopt Resolution No. 7-75 -3- 2-10-75. subject to the City Attorney being furnished with a Certificate of Title acceptable to the City Attorney's office within 10 days, seconded by Mr. Randolph. In response to an audience query, it was determined the developer has ~ot indicated what will be built on this property. The motion passed unanimously. 8.b. The City Manager presented Resolution No. 8-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELP~Y BEACH, FLORIDA, REQUESTING THE LOCAL LEGIS- LATIVE DELEGATION TO CONSIDER THE ADVISABILITY OF PREPARING AND PRESENTING A LOCAL BILL TO THE STATE OF FLORIDA LEGISLATURE TO ANNEX BY SPECIAL ACT · PARCELS OF UNDEVELOPED LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 21, TO~q~SHIP 46 SOUTH, RANGE 43 EAST, BEING PORTIONS OF DELRAY BEACH SHORES, AND UNDEVELOPED LAND LYING IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. (.Copy of Resolution No. 8-75 is attached to the official copy of these minutes.) City Manager Mariott reported seventeen properties were being requested for annexation into the City, lying between East Atlantic Avenue, the Atlantic Ocean, the south City limit and the Intracoastal Waterway; the properties represent all of the undeveloped properties in the unincorporated area of the County. A sketch was shown depicting the properties involved. The resolution is requesting the Palm Beach County Legislative Delegation to introduce a loCal bill in the upcoming session of the State Legislature to annex these properties to the City. Mr. Sanson moved for the passage of Resolution No. 8-75, seconded by Mrs. Krivos. Mr. Gent asked why the improved lots were not included. The City Manager stated Representative~.Bill James had said he would supp~r~, the reso]_ut~on as ~.t is dra~ up~ .~ayor Scheif!ey stated one reason for not including developed properties was to eliminate the possibility of annexing any one against their will. Mr. Philip S. Campbell spoke from the floor stating he owned parcels of land in the area under consideration that are Vacant and he wished the property to be included in the resolution. Mr. Robert Chapin stated the map attached to the resolution depicting the lots to be annexed should be used as demonstrative purposes only, subject to verification and checking the City tax records by the City Attorney. It was determined the resolution should be passed to effectuate the intent of paragraph 1 of the resolution with the legal descriptions to be added at a later time. The motion passed unanimously. 8.c. The City Manager presented Resolution No. 9-75. A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING ROBERT'S RULES OF ORDER; PROVIDING AN EFFECTIVE DATE. City Manager Mariott stated this could be passed at this meeting or could be referred to a future workshop. Mayor Scheifley stated he would like to table Resolution No. 9-75 and discuss it at a workshop meeting. Mr. Gent moved to table Resolution No. 9-75, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented 'Resolution No. 10-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING OF TWO NORTH-SOUTH 2½ FOOT UTILITY EASEMENTS LOCATED AT THE EAST LOT LINE OF LOT 4~ AND AT THE WEST LOT LINE OF LOT 44, ALL SHOWN ON PLAT OF DELRAY BEACH ESPLANADE. --4-- 2-10-75. (Copy of Resolution No.P 1'0~75 is attached to the official copy of these minutes.) City Manager Mariott reported this resolution abandons an easement extending northward from Vista Del Mar South (Lots 43 and 44, Delray Beach Esplanade, Plat Book 18, Page 39, Palm Beach County Records), such action being required for the drainage project in the area. He recommended if the resolution is passed, a companion motion be passed which would authorize the City to accept an easement at a different location (13 feet westward of the present easement location); such location would be more advantageous both to the City and to the property owner in connection with the drainage project. Mr. Gent moved Council adopt Resolution No. 10-75 subject to the owner of the property agreeing by separate instrument to grant to the City an easement six feet wide located 13 feet westward of 'the present easement, seconded by Mrs. Krivos. Upon roll call~ Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; ~. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. 8.eo The City Manager presented Resolution No. 11-75. A RESOLUTION OF ThE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST FOR FEDERAL FUNDS BY THE FLORIDA DEPART~.~NT OF TRANSPORTATION FOR THE PURPOSE OF INSTALLING FLASHING LIGHTS AND GATES AT THE CROSSING OF SOUTH SWINTON AND THE FLORIDA EAST COAST RAILWAY. (Copy of Resolution No. 11-75 is attached to the official copy of these minutes.) The City Manager explained the location of the crossing and stated it is a hazardous crossing. It is on the priority list of crossings of the Department of Transportation for which they plan to seek Fe~era! Grant Fun~$ for the insta!!atioD of. signa!izati©n~ The DOT plans to apply for $41,500 Federal Grant money to install gates. Should they succeed, the City would be obligated to pay 10% of the cos% with the balance of the money to come from Federal Funds for the instal- lation. .The City Manager gave the background of the angle crossing under question and stated the traffic situation in the area is under study. Mrs. Krivos moved for the passage of Resolution No. ~11-75, seconded by Mr. Sanson. It was determined the source of the 10% to be paid by the City should be considered at the time the Federal Funds might be forthcoming from DOT. Upon roll call, Council voted.as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Emergency Ordinance No. 2-75. AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH TO BE DESIGNATED AS THE LEThaL YELLOWING ORDINANCE DECLARING PALM TREES IN T~ CITY OF DELRAY BEACH IN- FECTED WITH THE BLIGHT OF LETHAL YELLOWING TO BE A PUBLIC NUISANCE; AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO INVESTIGATE AND TO ABATE SAID NUISANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-75 is attached to the official copy of these minutes.) Mayor Scheifley reported there are two main sections in the ordinance: 1 - the city will be responsible for treating all palm tree~ subject to lethal yellowing to be paid for by the City; and 2 - the procedure for the removal of diseased trees. Mr. Gent moved for the adoption of Ordinance No. 2-75 on first and final reading, -5- 2-10-75. seconded by Mr. Randolph. The City Manager stated the Parks and Recreation Department will handle the inoculation of the trees and will supervise the removal of any diseased trees. The cost will range between $10,000 and $30,000, depending upon the number of employees secured under the second phase of the Manpower Program. After this has been determined, the City Manager will provide Council with a recommended source of funding and an amount. The inoculation program will begin immediately. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8. (g)_~. Mayor Scheifley commended the City Administration for two projects that are under way: 1 - the painting of all the curbs at intersections a bright yellow; and 2 - cleaning out the weeds-between the sidewalks on the main thoroughfares. The City Manager stated for the most part Manpower employees are involved in these projects. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on January 28th recommended by unanimous vote that Council approve the requested site plan modification for the Trinity Lutheran Church located at the northwest corner of North Swinton Avenue and N.W. 4th Street. The site plan modification is for the placement of a concrete slab in the playground area; the slab will encompass a tennis court, volleyball court and basketball court. Mr. David L. Tyson, 425 Aylesbury Road, Delray Beach, spoke as the representative of the residents surrounding the playground area of the church. He stated at present children.are playing in the area seven days a week, from 7:30 A.M. until 10:00 P.[~. The area is also used by Little League and by the local football teams for practice. Mr. Tyson said the residents have no objection to expansion of the facilities, but are asking that they be located on the south end of the church property away from residential areas. He presented a petition with 24 names requesting'a change in location. The City Attorney stated this was not a major change in the site plan. Attorney John Ross Adams stated the proper~y has been approved for~ church and. recreational uses and he felt this was a police matter ratl~er than a zoning problem. Council expressed the opinion that the church should exercise control over the property by use of a guard or supervisor to eliminate the noise that would constitute a nuisance. Rev. Robert Klemm stated the church does have problems controlling the use of the property after hours since children from both the east and west sides of town use the area. The church has tried to maintain an open policy on the facilities; the property is fenced, but children can get in and out. He stated the church would do all possible to control.the situation. Mr. Gent reported the County -parks close dusk to dawn and then asked if the church had any objection to moving the location. It was pointed out the church has moved the baseball field to the southwest corner of the church propertY. Mr. Bob Miller stated the church can control the time the play area would be open for use and could enforce it. He also said a fence would be installed and a hedge could be put in as a buffer zone to cut down sound. He reported the matter would have to go before the Church Council concerning security of the area such as retaining a supervisor. Mr. Sanson pointed out St. Vincent Ferrer's recreational area is fenced, has one door and is padlocked, and he is aware of no complaints having been received concerning this area. Mr. Tyson reiterated the residents are not complaining about the additional facilities, but rather the location of them. Rev. Klemm stated it is not financially possible to place a guard on the premises. Mr. John R. Adams stated it would be possible for the church to build clay courts without having to re- ceive permission from the Council. Considerable'discussion ensued, with Mr. Sanson moving to sustain the recommendation of the Planning and Zoning Doard, seconded by Mr. Randolph. Mrs. Krivos objected to the Police Department having to patrol the area and felt the church should control their own facilities. Mayor Scheifley requested a commitment from the church that they would satisfactorily control and supervise the facilities. Mr. Gent questioned whether or not Council is able to stipulate the opening and closing hours of the facilities -6- 2-10-75. in the passage of a motion to grant ~the site plan modification. The City Attorney replied he would have to research the question and report back to the next regular Council meeting. Mr. Sanson withdrew his motion and Mr. Randolph withdrew his second. Mr. Gent moved to table the item until the next regular Council meeting, seconded by Mrs. Krivos. The motion passed unanimously. 10.a.1. Mrs. Nettie Durante, 2V50 Ponce de Leon Boulevard, Delray Beach, asked the City Manager what improvements were made at Imperial Villas that warranted the release of 92% of the bond to Mr. Donner. The City Manager replied he would have the answer at the workshop meeting when the matter would be discussed. Mayor Scheifley requested that Mrs. Durante prepare her questions and present them at the work- shop meeting to which she would be invited. 10.a.2. Mr. Herbert Bernenko, 1225 So. Ocean Boulevard, Delray Beach, .spoke as the Vice-President of the Beach Property Owners' Association. He thanked Council and the City Manager for the presentation on Resolu- tion No. 8-75. He expressed regret that only one item from the Beach Property Owners' Association's presentation to Council appeared on the agenda. He urged Council to move the workshop meetings to the Council. Chambers and asked that Council establish the workshop meetings on a regular basis. 10.a.3. Mr. John Pitts, 237 Seacrest Lane, Delray Beach, asked Council to consider when the time came for a decision on whether to buy sand or use pumped-in volcanic sand for beach renourishment that the grey sand is already being replaced with crushed coquina shell which is coming down from the north. He also asked where the water would be drained from the Thomas Street drainage. The City Manager replied it would go into the Intracoastal Waterway, and stated he would have the City Engineer contact Mr. Pitts. Mr. Pitts then suggested that Council should consider the policy of appointing the City Manager once a year and eliminate the possibility of dismissing the City Manager duzin9 u~ year. 10.a.4. Rev. David Travis stated he felt if lines of communication throughout the City were improved, many problems would be solved. 10.b. The following Bills for Approval were unanimously approved on motion by Mr. Sanson and seconded by Mr. Randolph. General Fund ............... $802,238.14 Utility Tax Fund ............ 2,938.33 Improvement Trust Fund ......... 1,400.00 Beach Restoration Fund ...... : . . 27,297.94 10.c.1. The City Manager stated at the last workshop meeting, it was agreed by Council to hold the workshop meetings on a regularly scheduled basis, namely, the first and third Mondays of each month, realizing that from time to time, extenuating circumstances'might change this schedule. He pointed out next Monday, February 17, 1975, is a City holiday, and asked whether Council would agree to meet Tuesday, February 18, 1975. It was determined a Planning and Zoning Board Meeting is scheduled for February 18, 1975 at 7:30 P.M. Council agreed to hold a workshop meeting Tuesday, February 18, 1975 at'5:00 P.M. 10.c.2. The City Manager stated there is to be a legislative meeting of the Florida Municipal League on March 10 and'll, 1975. The first regular Council meeting in. March is on the 10th. Since Council members plan to attend the Florida Municipal League meeting, the Council meeting date must be changed. Mr. Sanson moved to change the date of the regular Council meeting from March 10, 1975 to March 12, 1975 at 7:30 P.M., seconded by Mr. Randolph, said motion passing unanimously. 10.c.3. The City Manager reported it was informally decided at the last workshop meeting to appoint a Con, unity Appearance Study Committee to study the advisability of establishing a community control board or --7-- 2-10-75. conformance board in the City. It was mentioned at that meeting that Council would give consideration to appoint to serve as members of this Study Co~mnittee Mr. Tore Wallin, Mr. Ken Boerner, Mr. llerbert Bernenko, Mrs. Charlotte Durante and Mr. Ron Sanson, IV. The opinions and recommendations of the Committee will be brought back to Council. for consideration. Mayor Scheifley stated ~Lhe purpose would be merely to study the feasibility, practicability and preparation of an ordinance. Mr. Sanson asked that the motion include that reco]mmendations be made within a 60 day period, said request being concurred in by Mr. Wallin. Mr. Sanson also suggested an architect be included in the basic compo- sition of the Committee. Mayor Scheifley suggested that architects be called in for suggestions and recommendations rather than including them on the Committee. Mr. Sanscn moved that Council appoint a Com- mittee to study the feasibility of setting up a Community Appearance Study Committee in Delray Beach, said Comn~ittee to be composed of five members, the five being Messrs. Tore Wallin, Herbert Bernenko, Ron Sanson, IV, Ken Boerner and Mrs. Charlotte Durante, and that this Committee will report back to the City Council with their recommendation. within 60 days, seconded by Mr. Gent. Mr. Bernenko suggested the word '!Chairman" precede M~. Wallin's name. Mr. Sanson accepted the amendment to his motion, seconded by Mr. Gent. Upon roll call, Council passed the motion unanimously. Mayor Scheifley stated he had received a suggestion the Beautification Committee and the Community Appea'rance Study Committee be combined to eliminate a proliferation of committees to obtain approvals, etc. 10.c.4. Mr. Saberson reported he had received a letter from the firm of Alley, Rock & Dinkel concerning the Lakeland hearing before the Public Employees Relations Commission in Tallahassee. The firm asked the City of Delray Beach to provide some measure of financial support in view of the fact that this application would be breaking new ground and would give benefit to all applicants before the PERC Commission that the firm represents. Mr. Saberson informed the firm that he would not authorize such financial commitment and unless Mr. Saberson con- tacted the firm to the contrary, not to plan on financial participation £rom Delray Beach. Mayor Scheif!ey asked what amount of money was being discussed and what would occur if Delray Beach did not participate. Mr. Saberson replied no specific figure had been given and he felt it would have no effect on Delray Beach if the City did not participate. Mr. Sanson moved to sustain the recommendation of the City Attorney to not participate financially in the Lakeland suit, seconded by Mr. Randolph, said motion passing unanimously. 10.c.5. Mrs. Krivos asked Mr. Saberson if he had received any word from the Attorney General's office on the Sunshine Law. He replied he had not. 0 10.c.6. Mr. Sanson asked that attention be given to the repainting of the street signs in the City. He stated some sections have signs that are illegible. The meeting was adjourned at 11:00 P.M. (-' City Clerk APPROV~ED:  / MAYOR ~ -8- 2-10-75. % OA RESOLUTION NO. 7-75. A RESOLUTION OF TtIE CITY COUNCIL OF TIIE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ROAD · RIGHTS-OF-WAY, CANAL RIGIITS-OF-WAY AND EASEMENTS IN AN AREA LOCATED SOUTHEAST OF S.W. 12TH STREET AND 1-95, BEING AN IRREGULAR PARCEL OF LAND BOUNDED ON TIlE EASTERNMOST SECTION BY S.W. 4TH AVENUE, ON THE · SOUTH BY QUAIL ROAD, EGRET CIRCLE, DOTTEREL ROAD AND ROBIN ROAD, ALL LYING WITttIN TROPIC PALMS PLAT NOS. 3 AND 4, AND ABANDONING PORTIONS OF TROPIC PALMS PLAT NOS. 3 ~D 4. WHEREAS, Charles E. Schmidt, Jr., Richard L. Schmidt and John K. ~rennan, as Trustees of the owners of all the property as set out in this resolution, have petitioned the City of Delray Beach for abandonment of the road rights-of-way, canal rights-of-way and easements, and the plat of the subject property; and, WHEREAS, the City Council deems it to be in the best interest of the City to abandon said road rights-of-way, canal rights-of-way and easements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' .' DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That, pursuant to Section Seven (7), Paragraph Three (3) of the Charter of the City of Delray Beach, Florida, it is hereby deter- mined to vacate and abandon the following road rights-of-way, canal rights- of-way and easements and portions of Tropic .Palms Plat Nos. 3 and 4: That portion of MODEL I2MND CO~k~ANY'S SUBDIVISION of Section 29, Township 46 South, Range 43 East, according to the plat thereof recorded in Plat Book 6, Page 50 of the Public Records of Palm Beach County, Florida, lying Northerly and Westerly of the centerline of Germantown Road as said centeriine is shown on TROPIC PALMS, PLAT NOS. 3 and 4, as said plats are recorded in Plat Book 25, page 137 through 139 and Plat Book 25, page 140 and 141, respectively, Public Records of Palm Beach County, Florida, and lying Easterly of the Easterly right-of-way line of the Canal Relocation Right-of-Way as shown on Sheet 18, Section 93220-2411, State of Florida Department of Transportation Right-of-Way Map of State Road No. 1-95 and Southerly of the Northerly 53.00 feet of Section 29; and all that part of said TROPIC PALMS, PLAT NOS. 3 and 4, lying Easterly of the Canal Reloca- tion Right-of-Way as shown on Florida Department of Transp. ortation Right-of-Way Map of State Road 1-95, 'Section 93220-2411 and lying Easterly of the West 40.00 feet of said Section 29, and lying Southerly of the North 53.00 feet of said Section.29. LESS AND EXCEPTING THEREFROM Lots 1251, 1252, 1253 and 1260 of said TROPIC PALMS PLAT NO. 3 AND LESS AND EXCEPTING all of Germanto~ Road and Lindell Boulevard lying East of the Easterly Right-of-Way line of the Canal Relocation Right-of-Way as shown on Sheet 18, Section 93220-2411, State of Florida Department of Transportation Right-of-Way'Map of Sta~e Road 1-95 and northwest of the right-of-way line of Egret Circle and Southerly of the following described line: 3 OB Commence at the centerline intersection of Lindell Boulevard and Egret Circle as described according to the plat of TROPIC PALMS PLAT NO. 4, as recorded in Plat Book 25, Page 140 of the Public Records of Palm Beach County, Florida; thence N 43°10'50"W along the centerline of Lindell Boulevard, a distance of 30.00 feet to a point; thence N 46°49'10"E a distance'of 65.00.feet to the Point of Beginning, said point lying on a curve to the right, having for its elements a ~radius of 25.00 feet, and internal angle of 90o00'00" ~ and a chord bearing of N 88o10'50"W; thence.along the arc of said curve, a distance of 39.27 feet to a point; thence N 43o10'50"W a distance of 1207.51 feet to a point; thence N 43°14'30"W . , a distance of 633 33 feet to a point of curvature of a curve to the left having for its elements a radius of 167.09 feet and an inter- nal angle of 67°52'24"; thence along the arc of said curve a distance of 197.94 feet to a point of tangency; thence S 68o53'06"W a distance of 148.12 feet to the Point of Termination; and LESS AND EXCEPTING that por- tion of Gull Road and Redwing Circle, more particularly described as follows: Begin at the intersection of the Southwesterly right-of- way line of Lindel! Boulevard and the centerline of Gull Road; thence N 43°14'30"W along said right-of-way line,· a distance of 55.05 feet to a point on a curve to the right, having for its elements a radius of 25.00 feet, .a central angle of 90°03'40'' and a chord bearing of S 1°47'20"W; thence along the arc of said curve a dis- S 46°49'10"W a distance of 179.69 feet to a point of curvature of a curve to the right, having for its elements a radius of 25.00 feet..and a central angle of 90000'00"; thence along the arc of said curve a distance of 39.27 feet to a point of tangency[: thence N 43°10'50"W along " the Northerly right-of-way line of Redwing Circle.a distance of 2].1.15 feet to a point of curvature of a curve to the left having for its elements a radius of 85.00 feet and a central angle of 67°56'Q4"; thence along the arc of said curve a distance of 100.78 feet to a point; said point lying on the westerly boundary of Lot 1260 of TROPIC PALMS PLAT NO. 3; thence S 21o06'54"E along the said westerly boundary extended a distance of 60.00 feet to a point on a curve having for its elements a radius of 25.00 feet., a central angle of 67o56'04'' and a chord bearing of S 77o08'52"E; thence along the ~ arc of said curve a distance of 29.64 feet to a point of tangency; thence S 43°10'50"E a distance of 211.15 feet to a point of curvature of a curve to the left, having for its elements a radius of 85.00 feet and a central angle of 90o00'00"; thence along the arc of said curve a distance of 133.52 feet to a point of tangency; thence N 46°49'10"E a distance of 179.82 feet to a point of curvature of a curve to the right having for its elements a radius of 25.00 feet and a central angle of 89o56'20"; Chence along the arc of said curve a distance of 39.24 feet to a point on the southwesterly rig~'t-of-way of Lindell Boulevard; thence N 43o14'30"W along said right- of-way a distance of 54.97 feet to the Point of Beginning. AND LESS AND EXCEPTING Audub6n:Boulevard, Dotterel Road and all that part of Egret Circle, lying southwesterly ~ of the northwesterly extension of the northeasterly 3 C! ( line of Jaeger Drive, all of Quail Road and all of S.W. 4th Avenue, and LESS AND EXCEPTING the plat of LAKE DELRAY APARTMENTS, as recorded in Plat Book 28, Page 237 of the Public Records.of Palm Beach County, Florida, and LESS AND EXCEPTING all of Jaeger Drive. SECTION 2. ' The City of Delray Beach does not relinquish or release any of its rights granted under that certain easement deed dated January 8, 1975, between Charles E. Schmidt, Jr. and Richard L. Schmidt, Trustees and Grantors as to Parcel 1, and Charles E. Schmidt, Jr. and Richard L. Schmidt and John K. Brennan, Trustees and Grantors as to Parcel 2, and !:he City of Delray Beach as Grantee, being a temporary easement for (~ermantown Road. SECTION 3. This resolution shall take effect immDdiately uPon passage. PASSED AND ADOPTED in regular session on this the 10th daY .of February, 1975. ATTEST: , : . ,- . . d'~ ~.~-~<~..~ ~ City Clerk .. Res. No. 7-75. 3 ~?~D RESOLUTION NO. 8-75. A RESOLUTION OF Tile CITY COUNCIL OF THE CITY OF DEL1LAY BEACIt, FLORIDA, REQUESTING T]IE LOCAL LEGIS- LATIVE DELEGATION TO CONSIDER TiIE ADVISABILITY OF PREPARING AND PRESENTING A LOCAL BILL TO TIIE STATE OF FLORIDA LEGISLATURE TO ANNEX BY SPECIAL A. CT PARCELS OF UNDEVELOPED LAND LYING IN TIlE SOUTtIEAST QUARTER OF SECTION 21, TOWNSIIIP 46 SOUTIt, RANGE 43 EAST, BEING PORTIONS OF DELILAY BEACH SIIORES, AND UNDEVELOPED I~AND LYING IN TItE NORTIIEAST QUARTER OF SECTION 28, TOW/qSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. ~IEREAS, in the interest of accepted and sound land use planning principles, and in the interest of the public safety, health and'weifar~ of the residents of the City of Delray Beach residing in close proximity to the twenty (20) undeveloped properties lying between East Atlantic Avenue, the south City limit, the Atlantic Ocean, and the Intracoa~tal Waterway, the City Council of the City of Delray Beach deems it necessary, proper and advisable to annex these undeveloped properties; and, WHEREAS, the City Administration concurs .in the proposed annexation of these undeveloped properties, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Delray Beach request the Palm Beach County Legislative De.~.egation to co~qsider preparation of a local bill to be presented to the Legislature for the State of Florida requesting annexation by Special Act of the following described property: Lots 1, 2, 9, 18 through 22 inclusive, 32, 33, west 40' of 34, 38, 45, 47, 60, 61, and 68, Delray Beach Shores Subdivision, as recorded in · Plat Book 23, Page 167, Public Records of Palm Beach County, Florida; and Parcel 1 - South 100' of North 1670'..of Easterly 139.14' of Section 28, Township 46 South, Range 43 East, lying west of State Road No. A-l-A; and Parcel 2 - South 200' of North 2170' of Section 28, Township 46 South, Range 43 East, lying west ~of State Road No. A-l-A; and Parcel 3 - South 100' of Section 28, 'Township 46 South, Range 43 East, North of the East West · -. Quarter Section line, lying between the Intra- coastal Waterway and the righ~-of-way of State Road No. A-l-A, Palm Beach County, Florida. ' Section 2. A map of the above-described undeveloped properties ~is attached as Exhibit A. PASSED AND ADOPTED in regular session on this the 10th day of February, 1975. 30 I Section 5. InoCulation. The Director of Parks and Recreation, or his designate, shall inoculate all palm trees within the City of Delray Beach susceptible to Lethal Yellowing with an antibiotic approved and recommended by the Department of Agriculture of the State of Florida. The expense and cost of the inoculation program shall be borne by the City of.Delray Beach. SectiOn 6. Removal of Trees. Whenever the Director of Parks and Recreation, or his designate, determines that a particular tree infected with Lethal Yellowing is beyond treatment and said tree poses a threat of infecting other healthy trees, the Director, or his designate, shall so notify the record owner of the offending property in writing and demand that such owner cause the condition to be remedied by removal within ten (10) days. The notice shall be given by first class mail addressed to the owner or owners of the property described as their names and addresses are shown upon the record of the County Tax Assessor and shall be deemed complete and effective when so addressed and deposited in the United States mail with proper postage prepaid. If, after the expiration of ten (18) days from the posting of said notice, the owner or owners of said property have not caused said tree or trees to be removed, the Director of Parks and.Recrea- tion, or his designate, shall enter upon the premises of said owner or owners and remove the infected trees at the owner's expense. Section'7. Notice. The notice required in Section 6 above shall be in substantially the following form: NOTICE OF PUBLIC NUISANCE Name of Owner Address of Owner Our records indicate that you are the owner(s) of the following property in the City of Delray Beach, Palm Beach County, Florida: (Describe prQperty) An inspection of this property discloses, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of'the Delray Beach Lethal Yellowing Ordinance in that there exists on the above described property one ou more palm tree(s) which are infected with "Lethal Yellowing",'which trees have been appropriately designated for your information by the use of standard flagging. It has been determined that the trees upon your property which have been flagged are so infected with Lethal Yellowing that inoculation or treatment of the trees would be of no benefit to their preservation or survival. You are hereby notified that unless the. above described trees are removed within ten (10) days.from the date hereof, the City of Delray Beach will proceed to remove said tree(s) and the cost of all such work, including advertising costs and other expenses, will be imposed as a lien on the property if not otherwise paid within sixty (60) days after ~ have certified to the Director of Finance the cost thereof. CITY OF DELRAY BEACH Director of Parks and Recreation -2- Emer. Ord. No. 2-75. 30J Section 8. Lien. After the removal of the tree or trees, the Directo~ of Parks and Recreation, or his designate, shall certify to the Director of Finance the expense incurred in such removal. Such expense shall become payable within sixty (60) days after which a lien and charge will be made upon the property which shall be payable with interest at the rate of eight per cent (88) per annum from the date such payment has become delinquent. Such lien shall be enforceable in the same manner as a special assessment lien in favor of the City of Delray Beach except that. the City of Delray Beach may file suit to foreclose such lien at any time ~1 after the expirati6n of sixty (60) days from the date the assessment was certified by the Director of Parks and Recreation, or his designate, to the Director of Finance. Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Pal~ Beach County, Florida. Section 9. Penalty'. Any one who shall resist or obstruct in carrying out the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 10. Severability. Should any part or provision of this ordi- nance be declared by a court of competent jurisdiction to be invalid, the 'same shall not affect the validity of the ordinance as a whole or any~part thereof other than the part declared to be invalid. S~ction 11. This ordinance is declared an emergency ordinance and shall become effective upon first and final reading. Section 12. All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. PASSED AND ADOPTED in regular session on first and final reading on this 10th day of February ~ , 1975. MA Y~D R~/ ATTEST: ~ City Clerk -3- Emer. Ord. No. 2-75.