Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
03-12-75
MARCH 12, 1975 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., Wednesday, March 12, 1975, with Mayor James H. Scheifley presiding, and. City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV, present. 1. The opening prayer was delivered by Rev. David Travis of Unity of Delray Church. 2. The Pledge of Allegiance to the Flag of the United States of ~nerica was given. 3. The minutes of the regular meeting of February 24, 1975 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Gent. Mr. Sanson asked if the City Manager had notified the traffic department in the County and the Department of Transportation to study the potential traffic situation at the 7-11 shopping center on the beach. The City Manager stated this had been done. 4.a. Mr. Randolph referred to the newspaper article pertaining to the efforts of the City Manager and Lt. Brooks of the Police Department to clean up the City and commended them, offering his help, if needed. The City Manager reported City Prosecutor I. C. Smith had initiated the project. 4.b. Mr. Sanson commended the Police Chief on the many areas of improvement in the City with regard to the crime situation. He stated he was extremely pleased with action taken with search parties going through the bars and offered his backing if it was decided to continue this project. 4.c. Mr. Sanson asked that the minutes from the workshop meet~.ng on March 3, 1975 be corrected to skow that he was not present at the meeting. 4.d. Mr. Sanson stated he felt the effectiveness of discussion in ~orkshop meetings that last four and five hours becomes lessened because of the length of time involved and suggested that items of major import- ance be considered in special workshops devoted entirely to such items. 4.e. Mr. Sanson reported several citizens had asked him to bring to the attention of Council the condition of the poolhouse on A-1-A and Atlantic Avenue; apparently, the conditions are unsanitary. 4.f. Mr. Sanson asked that the impact study for Federal Revenua Sharing Funds be discussed at the next workshop meeting. ~ Mr. Sanson asked that a motion be passed to give consideration for discussion later in the evening concerning the letter of February 18, 1975 from Mr. Gary W. Roberts, representing Mr. Whitney Papy. He suggested an out-of-court settlement in the pending court case. Mr. Sanson emphasized that in no way was he attempting to interfere with the City Administration's right to hire and fire employees, nor was he attempting to say whether the City Administration was right or wrong in the firing of Mr. Papy. He further stated that he felt the Council should determine what course of legal action should be utilized and to what extent Council wished to go. Mayor Scheifley suggested the matter be discussed at a workshop meeting rather than Council meeting. Mrs. Krivos stated the matter hs~ been discussed at a workshop meeting with Mayor Scheifley indicating he did not care to go along with it, and ~r. Gent and Mr. Randolph saying they had mixed emotions concerning the matter. Mr. Sanson.moved, in '~iew of the fact that the attorneys had asked for a reply within 21 days from February 18, 1975, that Council discuss the letter of February 18, 1975 from Mr. Roberts pertaining to Mr. Papy's suit against the City later in the evening, seconded by ~s. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; .Mr. Randolph - No; Mr. Sanson - Yes; .Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 4.h. Mayor Scheifley read a Proclamation proclaiming March 27th as ~'he day for the City of Delray Beach to officially recognize the spirit of community action displayed by the Kiwanis Club of Delray Beach for the past fifty years. Mr. George Aspinwall accepted the Proclamation for the Kiwanis Club of Delray Beach. 5.a. Mr. Irwin Kresser, 237 4~r~. 17th .Street, Delray Beach, reported the dog situation in his area is deplorable. He requested an ordinance be passed stating dogs should be restrained to their property by an enclosed fence, a dog run or by a leash. The City Manager explained the City recently instituted a program with respect to control of cats and dogs, both of which are running in packs. Two manpower employees who will be paid by the Federal Government will be handling this problem. Subsequent discussion with the County has produced a possible proposition of securing a County employee on a full-time basis for Delray Beach. If such action is taken, manpower employees will not be required since the ~ County would handle the problem. 5.b. Rev. David Travis spoke commending the City Council, the City Administration, the Police Chief and Police Department, the City Clerk's office, and others who have helped him in various projects; he stated he invariably encounters courtesy and cooperation from every department in the City. He asked the citizens to recognize the efforts of the City Administration and the City employees in their attempts to work for the betterment of the City. 6.a.1. The City Manager reported approval for the mobile home at the South County Complex site that is used for snack bar purposes expires March 22, 1975 and the County is asking for a one-year extension to March 22, 1976. Mr. Ken Jacobson is the architect and he has stated completion of the addition to the County Complex should be within a year. The profits from the concession go t0 the blind. Mr. Gent moved the City Council grant a one year extension for the mobile snack bar at the South County Complex, seconded by Mr. Randolph, said motion passing unanimously. 6.a.2. The City Manager reported several days ago, notification was received from the County Engineer's office that they have determined a traffic signal is warranted at the intersection of High Point Subdivision and Atlantic Avenue and they will so recommend to the Board of County Commissioners, thus making approval almost automatic by the County Com- mission. The cost for the traffic light is approximately $13,500. The City Manager recommended that Council authorize installation of the traffic signal at City expense with funds to come from presently encum- bered funds from prior budgets for traffic signalization. Future main- tenance would be borne by the City. Mr. Randolph moved the City of Delray Beach, using unencumbered funds from prior budgets, commit the amount of $13,500 toward installing the traffic light at High Point Boule- vard and West Atlantic Avenue, seconded by ~s. Krivos. The City Manager stated the County has refused to participate since a private street is involved. He further stated the request for a corresponding light at Homewood Boulevard and West Atlantic Avenue had been forwarded to the -~ County. The motion passed unanimously. The four Presidents of the four sections of High Point, Messrs. Richard E. Flynn, Gerald Philippi, Eric Brierly and Hugh Delfs, all thanked the County and City Administration for their efforts in securing the traffic signal. It was pointed out the only other entrance into High Point will be in Sections 5 and 6, yet to be developed, which site plan has already been approved. 6.b. The City Manager stated it is recommended that Council author- ize the acceptance of an easement deed from the Court of Delray consisting of the South 10 feet of the Court of Delray property, which is the North 200 feet of the South 300 feet of the North half of Section 28, Township 46 South, Range 43 East, lying between the Intracoastal Waterway and the right-of-way of State Road A-i-A. The property will be used for the installation of a 12 inch waterline crossing the Intracoastal Waterway in the vicinity of the Court of Delray. This waterline has been planned for several years and the City is agreeing to the following conditions: -2- 3-12-75. 1 - that the City repair, replace and restore to its present condition the property described in the attached easement deed. 2 - that the City upon request approve the possible future construction for a wall or fence along the south boundary of the Court o4 Delray Condominium Association, Inc. property. 3 - that the City upon request guarantee issuance of a building permit, when and if a decision is made, to enclose the carports at the south end of the property. Mr. Sanson moved to accept the easement deed from the Court of Delray subject to the three conditions listed above, seconded by Mr. Randolph. Mrs. Krivos asked the City Attorney to examine the document. Mr. Sanson amended his motion to include the City Attorney examining the deed, said amendment being accepted by Mr. Randolph; the motion passed unanimously. 6.c. The City Manager reported a workshop meeting was held today with the City Manager, the City Attorney and Mrs. Krivos being absent. The purpose of the meeting was to discuss appointments to the PERC Com- mission and compensation to the appointed members. The persons being considered for appointment are as follows: Messrs. Kelly E. Brown, Jr., Donald R. De Renzo, and John J. Saracino. Five possible methods of compensation were discussed as follows: 1 - payment on an hourly basis; 2 - compensation on a per diem basis; 3 - compensation on a per meeting basis; 4 - fee or salary; and 5 - no compensation with the City paying expenses of operating the PERC Commission with the members donating their time to make a contribution to the City Government and to the Community. It was decided by the majority of the members of Council present to offer no compensation. The three gentlemen were contacted concerning this action with the following responses: one agreed to serve on whatever basis the City sees fit; one did not like the action, but agreed %o accept the appoin~nt b~cause he wished to serve; and one wished to serve, but declined to give an answer as to whether or not he would accept the appointment. The City Manager stated if an unpaid Board is appointed, the gap (organizational policies, paperwork, etc.) could be filled more advantageously by the appointment of an Executive Director in'lieu of having to pay considerable amounts of money in legal fees. The City Manager recommended tabling the appointment of the Board to discuss further the compensation or methods of handling the set-up of the Board. Mr. Randolph moved the appointments to the PERC Con~ission be deferred until the next regularly scheduled workshop meeting, seconded by Mr. Sanson. Mr. Gent pointed out that not one of the three men had actually refused to serve and he felt they should be appointed at this meeting. ~. Sanson asked if the addition of an Executive Director would require a change in the PERC Ordinance. The City Attorney replied the ordinance is set up for three members on the Commission; the Commission is authorized to hire an employee who could be designated as Executive Director and perform in that function. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. The motion failed with a 3 to 2 vote. Mayor Scheifley asked if a PERC Commission is appointed and they operate under the ordinance of the City, and if the ordinance is approved in Tallahassee, would the City require the services of Alley, Rock & Dinkel. The City Attorney stated there would be a tremendous number of labor situations coming up which would require the services of the firm of Alley, Rock & Dinkel to do the preparatory work for the Commission and to act as consultants. They would also draft the rules and regulations dealing with the implementation of the new law and rules of procedure for presenting claims to the Commission. If the Co~nission is not paid, they might not wish to undertake this project. The City Manager stated setting up a PERC Co~nission would be no reason for dis- continuing the retaining of labor union counsel. He stated a PERC Commission with proper expertise on it would cause the fees to the Alley firm to be much less than they would normally be. Mr. Gent stated -3- 3-12-75. he felt the three men should be appointed at this raee'hin9 and if any one of them indicated he would be unwilling to serve, he could resign. Mr. Sanson asked if these men were paid, would they be considered as employees of the City. The City Attorney replied they would net be considered as employees of the City in the traditional sense, but would be considered more in the nature of a consulting Board. Mr. Sanson pointed out no other boards that are set up by ordinance receive a salary. He asked if the Board should be considered as employees, was it not the policy of the City to advertise in the paper for the position and salary. The City Attorney pointed out these positions are different from other employees in that they are not appointed by the City Manager, but rather by the City Council. The City Manager replied the City does normally advertise for positions in the City. Mayor Schei.f!ey pointed out the PERC Commission requires highly specis].ized~personnel with professional experience and this Board should not. be compared with o~t~er boards in the City. Mr. Sanson reported that ¥gben the original discuS, sions were held concerning setting up this Con~mission~. there were two basic reasons given: 1 - local problems can best be handled on a local basis; and 2 - although it might be more expensive in the beginning, in the long run, it would be cheaper since ~.~a~el expenses, etc. to Tallahassee would be involved, tie stated if salaries of $15,000 a yea? are set up, this amount would offset the original ~urpose of defraying~ ..travel expenses, ~etc. He also stated that since the Comm~ission would be used primarily in an impasse situation ill the bargaining between the City and. other units, they would be inactive a great deal of the time. Mayor Scheifley agreed with Mr. Sanson with the exception of the amount of money, stating they were 'to be hired for six months at $5,000 for~th~-~ Chairman and at the end of six months, the situation would be reviewed. M~r. Randolph indicated he did not agree with tile appointments being made at this meeting and felt the men should be queried to determine how th~yji? would agree to serve, and stated he would be amenable to a per-meetin~.~q~ or other arrangement basis. The City Manager stated if the City not have expertise within the group, then it will cost the City more'~'t~ha~ the annual salary being considered plus legal fees. He pointed out that ~ ~.~+h ~tt~n~y~ on the Committee have thc Ch~... ~.~~,~,~.~ion Committee, ..___ ....... , hired outside legal counsel. If three lay people are on the PERC Com- mission, the gap can be handled by having the expertise in the way of an employee similar to the Charter Study Con~.ittee. The City Manager stated he felt the expertise was needed, either on the Commission or in the manner of a paid employee of the Commission. Mayor Scheifley explained his reasons for wishing to discuss this matter further at a workshop meeting. Mr. Sanson stated he felt more and more reservations. about instituting' the PERC Co~nission at all, citing the money under · discussion. He said the original discussion did not include money of this magnitude. Mayor Scheifley referred to the conversations in Talla hassee and stated regardless of what is done, considerable expense wzzz be involved. Mrs. Krivos voiced her objection to the PERC Ordinanc~~ as she has since its inception. ~.[r Gent spoke stating the ~EIRC Commission is not holding all of the hearings in Tal!ahassee, but they are moving around the state, and he stated at th~s point he might vote against the PERC Ordinance. Mr. Sanson moved thau M~. Kelly E. Brown~;~Jr., Mr.~ Donald R. De Renzo and Mr. John J. Saracmno be appointed to the PERC ~.~ Commission of the City of Delray Beach and. that their compensation be that all expenses will be covered by the City and that no salary be '~' granted, seconded by Mr Gent Upon roll call,. Council voted as follows Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - No. Tile motion passed with a 3 to 2 vote. The City Attorney stated Tallahassee would not approve.the?" City's PERC Ordinance until 'the PERC Co~mnission has been appointed in the City of Delray Dcach. They must ~lso approve the appointment~. In response to Mr. Randolph's query, the City Attorney stated, based upon an opinion issued by the State Attorney General, that he felt -the Ordipance should be repassed by Council, but that it should not be done until such time as the City has reviewed the actions taken by the State Conunission with reference to other applications that were pending, i.e. the Lakeland application. The City Manager stated the PERC Commission has not ruled in the Lakeland case. -4- 3-12-75. Mayor Scheifley requested the record show that in his vote on this matter, he was not voting against the persons involved, but. was voting against appointing them at this meeting. Mr. Randolph also requested the record show his vote was based upon the same feeling. Mr. Sanson asked if Mr. Rock and Mr. Dinkel had left the firm of Alley, Rock & Dinkel. The City Attorney replied Mr. Dinkel has left the firm, but he was not aware of Mr. Rock having le~t. Mayor Scheifley requested the City Manager to notify the people appointed to the Commission, stating the conditions under which they were appointed. Mr. Sanson stated if there was serious objection on any person's part, he hoped they would appear before Council at the next workshop meeting to discuss the matter. 6.d. The City Manager reported that Council, at its January 13th ~eeting, approved the recommendation of the City's Charter Committee that Mr. G. Robert Fellows be retained to draft the City's new charter at a compensation not to exceed $50 per hour or a total of $1,000. Mr. John Ross Adams, Chairman of the Charter Co~nittee, has advised that inasmuch as most of the $1,000 has been committed as of this date and ~there is still considerable drafting work to do on the new charter,' that the co~nittee recommends allocation of additional funds by Council to pay for the drafting. The committee is requesting an additional $1,000 to finish the project. Mayor Scheifley explained the Charter revision must be approved by referendum and it is up to Council as to when they want the referendum to be held. The City Attorney reported it can be placed on the next general election ballot or at a special election called for the purpose of approving Charter amendments. Mrs. Krivos stated with three attorneys on the committee, she felt the committee could do some of the required work and let Mr. Fellows work it into the draft. Mayor Scheifley explained the requested extension of time for the committee would enable them to consider what legislation is passed by the State Legislature. Mrs. Phyllis Carey, member of the Charter Review Committee, spoke stating there is a definite need for ~. Fellows to continue with his work. She reported the Committee is approximately half way through their work and an extension until August I, 1975 woul~ give them time to complete the project. Mr. Gent moved to grant an extension of time to the Charter Revision Committee to August 1, 1975, to complete their project, and add an additional $1,000 maximum to the budget provided for same, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph- Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 6.e. The City Manager stated Council had previously authorized the City submitting to bid a piece of surplus City equipment; however, no bids were received. Approximately 100 letters were sent out to com- panies in the area to determine if they could use the PAKO Pakonomy Print Dryer. The following bids were received: Bidder Bid Guaranty Blue Printers $425.00 West Palm Beach Bob Davidoff Studios 350.00 Palm Beach It is recommended that Council approve sale to the high bidder, Guaranty Blue Printers, in the amount of $425.00. Mr. Gent so moved, seconded by ~. Sanson. Mr. Randolph asked if the bid was a fair one. The City Manager stated he felt it was. The motion passed unanimously. 6.f. The City Manager reported Dr. and Mrs. Charles J. Simon have requested the City to provide water service to Lot 10, Lake Shore Estates (Lake Drive), which is located outside the City. He explained the City is engaged in a long standing policy of not permitting water connections outside the City with the exception of those cases where the owner of the property enters into an annexation agreement with the -5- 3-12-75. ~'"' If .... y. the property is not, at tL? time of a[~p!icatien fcr water service, eligible for annexation, an agreement is signed agreeing to annex when the property becomes eligible. Dr. and Mrs. Simon have signed the annexation agreement. Mr. Gent stated he thought the read fronting the property was in the City. The City Manager stated it was and as a result of law suits in which the annexation of property contiguous to City streets was questioned in the courts, it is now considered necessary to require property to be contiguous to la~d other than the street. A sketch was projected depicting the location of the property. Question was raised concerning a lot adjoining the property under consideration. The City Attorney will render an opinion as 'to whether or not the property is eligible for annexation. It was established that Dr. Simon will pay a 25% surcharge on his water bill until the time the property is annexed into the City. Mr. Gent moved to table the item until the legal status of the property is ascertained, seconded by Mrs. Krivos. Upon roll - call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - No. The.motion passed with a 4 to 1 vote. .6'g- The City Manager reported Mrs. Linda A. Kennedy has requested the City to provide water service to Lots 10 and 11, Block 1, Kenmont Subdivision (corner of Bond Way and N.E. 8th Avenue), which location is outside the City. A sketch was shown depicting the property under question. The property is completely surrounded by land in the County. Mrs. Kennedy has signed the annexation agreement with the City. Mr. Gent moved to grant water service to Lots 10 and 11, Block 1, Kenmont Sub- division, on the condition that the annexation agreement is in effect, seconded by Mrs. Krivos. The motion passed unanimously. 7.a. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Con~ittee for its meeting held on February 5, 1975. 7.b. The City Manager reported the Aronimink Corporation has re- quested approval of extension of its site plan from March 10, 1975 to September 10, 1975, a period of six months, due to economic conditions. Approval of this request is recommended. Mr. Sanson questioned what connection Aronimink Corporation has with the Canterbury development. Mr. Harold L. Carr, President of Aronimink Corporation, spoke stating his purpose in asking for an extension of the site plan for Aronimink Corporation is strictly to keep open options for his company. If the Canterbury development does not materialize, then Aronimink will build on the property. Mr. Carr explained the Aronimink Corporation was planning to build the Canterbury development and they have an option with the Episcopal Church to purchase the property and the improvements on the property, providing the Episcopal Church furnishes funding to proceed with the project. Mrs. Krivos moved to approve the extension of the site plan for the Aronimink Corporation from March 10, 1975 to September 10, 1975, seconded by Mr. Randolph. Mr. Gent questioned whether or not approval would be following the ordinances since an extension requires 25% completed construction. The City Manager stated building approval is geared to 25% construction completion, but the site plan is not geared to percent of construction. Mr. Gent stated it would be based on the conditions given at the time the site plan was approved. Council was - unable~to ascertain what the conditions were at the time the site plan was originally granted, and they decided to grant the extension for a six month period. Mr. Gent requested that it be Placed in the record that he raised a question concerning the conditions prescribed by Council at the time the site plan was originally passed, and that Council was· unable to ascertain at this meeting what those conditions were. The City Attorney reported he would have an answer to the.question at the next workshop meeting. Upon roll call, Council voted.as follows: Mr. Gent - Yes (requesting his statement be recorded as above); Mrs. Krivos- Yes; Mr. Randolph - Yes; biz. Sanson - Yes; Mayor Scheifley - Yes. Mr. Gent referred to Chapter 29-7.4, paragraph (f}., which states the City Council, at .the time of granting conditional use, may prescribe a time limit and that Council had nothing at the meeting to show what time limit was placed on the site plan or whether it could be extended. -6- 3-12-75. 7.c. The City Manager reported a request has been received from ~he developer of Delray Falls which is located on the west side of the Florida East Coast Railroad and south of Dotterel Road for extension of site plan approval. It is recommendad_that approval be given for an extension of six months expiring September 11, 1975. Mr. Sanson ques- tioned the original density of the site plan. The City Manager stated the development was approved initially for 171 units and he was not aware of any change. The developer was invited to attend this meeting, but was not present. Mr. Sanson moved for approval to grant the ex- tension of the site plan for Delray Falls for a period of six months expiring September 11, 1975, seconded by Mr. Randolph. Mr. Frank Ellis, 553 Jeager Drive, Tropic Palms, stated the site plan for Delray Falls had been approved on March 11, 1974. He presented a copy of a real estate listing for the property to Council members on which the developer had listed the property including site plan, permits, etc. The "For Sale" sign has been posted since approxi- mately one month after the Planning and Zoning Board and the Council approved the site plan. Mr. Ellis contended their only purpose in re- questing an extension of the site plan was to continue advertising the property with the site plan already approved, thus increasing the value of the property. Mr. Ellis stated they are asking $430,000 for 15 acres with a down payment of $130,000, with $300,000 payable over a period of ten years. He asked that Council consider denying further approval of the site plan. Mayor Scheifley stated when a developer comes in for a site plan, they should be sincere, well-intentioned and well- financed, and if, as it appears, Delray Falls was proposed as speculation, Council should be careful in its action. Mr. Gent stated any good Plan- ning and Zoning operation does not zone for economic gain. Mayor Scheifley and the City Manager suggested giving the petitioner the oppor- tunity to appear before Council prior to voting on the matter. After further discussion, Mr. Sanson requested that his motion be withdrawn based on the information presented. Mr. Randolph withdrew his second. Mr. Gent moved that Council deny the request for extension of site plan approval for Delray Falls. Mrs. Krivos seconded the motion, said motion passing unanimously. 7.d. The City Manager reported the Delray Beach National Little League has requested permission to solicit funds on April 11 and 12, 1975, approval of which is recommended by the Solicitations Committee. ~. Sanson moved that permission be granted to the Delray Beach National Little League to solicit funds between the dates of April 11 and 12, 1975, seconded by Mr. Randolph, said motion passing unanimously. 7.e. The City Manager reported the Gospel Mel!owphonics have re- quested permission to solicit funds which was reviewed by the City's Solicitation Committee and the Committee recommended that approval not be granted. A. conflict exists during part of the period during which they wish to solicit and the group did not provide the Solicitations Committee financial information concerning the organization. Mr. Sanson stated he felt if the group is genuine and they are attempting to accom- plish something that would be an experience of a lifetime for young people, he felt they should be helped by someone with knowledge of the requirements requested by the Solicitations Committee. Mr. Randolph stated he knew the young people involved and knew them to be a reputable group. He also stated he had told the group he would not concur in a two month solicitation period. He requested that the group be given the opportunity to resubmit the application. Mr. Gent stated he had been told one of the reasons for rejecting the application is that the organi- zation has no organized unit in Palm Beach County, which is a requirement of the Committee. Mr. Randolph stated he would contact the group and suggested that they submit the application under the name of the Seventh Day Adventist Church in Delray Beach in which they are very active. Mr. Randolph moved to sustain the recommendation of the Solicitations Com- mittee and that sufficient help be provided the Gospel Mellowphonics to help them resubmit an application, seconded by Mr. Gent, said motion passing unanimously. -7- 3-12-75. 8.a. The City Manager presented Resolution No. 15-75. A RESOLUTION OF THE CITY COUNCIL OF TttE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BEACH, .FLORIDA. (Copy of Resolution No. 15-75 is attached to the official copy of these minutes.) The City Manager stated this resolution reinforces action taken by Council with regard to maintenance of existing traffic signalization at S.W. 10th Street, South Swinton Avenue and Old Dixie Highway. Mr. Sanson moved for the passage of Resolution No. 15-75, seconded by Mr. Randolph. Upon roll call, Council voted as follows: ~Lr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley Yes. 8.b. The City Manager presented Resolution No. 16-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE TO COMMUNITY CHEST SERVICES FOR THE CITY OF DELRAY BEACH AND VICINITY. (Copy of Resolution No. 16-75 is attached to the official copy of these minutes.) City Manager Mariott reported this resolution supports the Community Chest Services in Delray Beach and surrounding areas in its determination to reraain a separate organization. Mr. Randolph moved for the adoption of Resolution No. 16-75, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; ~r. Randolph - Yes; Mr. Sanson - Yes..- M~yor .qcb~.~f]~ey - Yes~ 8.c. The City Manager presented Resolution No. 17-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHOKIZING NEGOTIATION OF A CONTRACT TO IMPROVE THE MEDIAN STRIP LOCATED ON WEST ATLANTIC AVENUE BETWEEN S.W. 24TH AVENUE AND HOMEWOOD BOULEVARD, CITY OF DELRAY BEACH, FLORIDA, (WHICH INCLUDES AUTOMATIC SPRINKLER SYSTEM AND LANDSCAPING) AS SHOWN ON DRAWING NO. 2-13-75-DB, IN TWO SHEETS. (Copy of Resolution No. 17-75 is attached to the official copy of these minutes.) · City Manager Mariott reported Council agreed some time ago to jointly provide for landscaping of the median strip on West Atlantic Avenue beginning at approximately 24th Avenue and ending at Homewood Boulevard with the Evening Garden Club of Delray Beach. The Garden Club's contribution is $4,500 and the City will pay the balance of the cost, $7,037, for a total cost of $11,537. The funds will come from the Beautification Account of the Parks and Recreation budget. Five bids were received as set forth in the resolution with the low bidder being Altieri Landscape, Inc. of Delray Beach. Mr. Sanson moved for the adoption of Resolution No. 17-75, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- dolph- Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 4-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY, LOT 1, BLOCK 3 , LAKE IDA GARDENS AMENDED PLAT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID -8- 3-12-75. MARCH 24, 19~75 3. ' The minutes of the regular meeting of March 12, 1975, w~re ~animously approved, as amended, on motion by Mrs. Krivos and seconded by Mr. Randolph. Mr. Gent requested the address of Mr. Irwin W. Kresser be corrected and that Mr. Gent's vote on Item 8.b. (Resolution No. 16-75) reflect that he abstained. 45 CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. ~" ~ City Manager Mariott read the caption of the ordinance. The City Attorney reported he thought the Planning Department was preparing papers concurrently with the annexation ordinance as required by the State Law, but he did not know that this has been completed. After discussion, Council agreed to proceed with the annexation ordinance on first reading. Mr. Sanson moved for the passage of Ordinance No. 4-75 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 5-75. ~ ORDINANCE OF THE CITY COUNCIL OF T}~ CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY ADDING "CO~4ERCIAL RECREATION FACILITIES" AS A CONDITIONAL USE IN THE CO~.~UNITY COMMERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. City Manager Mariott explained this item and the next three items on the agenda had been discussed at the last workshop meeting at which time the Planning and Zoning Board Chairman was present and Council agreed to place all four ordinances on the agenda for passage at this meeting. The City Manager read the caption of Ordinance No. 5-75. Mr. facilities and asked if the Sanson questioned the term ,recreational ' ' ' " conditional use indicated that each item requested for approval would come before the Council for consideration. The City Attorney affirmed this. Mr. ~nr~ T.4~l~n n~ *h~ ~!anning and Zoning Board stated this ordinance will allow recreational uses under Conditional Uses, but the applicant must come before Council for a public hearing prior to being issued a permit to operate. Mrs. Krivos moved for the passage of Ordi- nance No. 5-75 on first reading, seconded by Mr. Randolph. 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 Ordinance No. 6-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS A~]ENDE~, BY ADDING "RESTAURANTS" AS A PERMITTED USE IN THE MEDIUM INDUSTRIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. City Manager Mariott read the caption of Ordinance No. 6-75. This ordinance will allow restaurants in the MI (Medium Industrial) zoning district. Mrs. Krivos moved for the passage of Ordinance No. 6-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.~. The City Manager presented Ordinance No. 7-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CI~PTER 29 "ZONING" OF THE CITY'S COPE OF ORDINANCES BY AMENDING SUB- SECTION 29-3 (E) (2) FENCES; ALSO BY AMENDING SUB- SECTION 29-3 BY ADDING WALLS AND FENCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. -9- 3-12-75. City Manager Mariott read the caption of Ordinance No. 7-75. Mr. Randolph moved for the passage of Ordinance No. 7-75 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8~h. The City Manager presented Ordinance No. 8-75. AN ORDINA~E OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-7 (E) PERTAINING TO MINIMUM BUILDING SETBACKS IN THE C-1 LIMITED COMMERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. City Manager Mariott read the caption of Ordinance No. 8-75. Mrs. Krivos moved for the passage of Ordinance No. 8-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 9. a.. ,. . .The. City Manager reported Council discussed at its last work- shop meeting an ordinance amendment recommended by the Planning and Zoning Board which would state that each member of the Planning and Zoning Board would be expected to attend a planning or zoning conference or seminar at least once a year. Discussion ensued with Mr. Gent moving that Council sustain the recommendation of the Planning and Zoning Board and that the City Attorney draw up an ordinance stating that each member of the Planning and Zoning Board would be expected to attend a Planning and Zoning conference or seminar at least once a year, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; ~. Randolph ~ Yes~ Mr. Sanson - Do; Mayor Scheiflev No The motion f~le~ '~ ~ - . wm~.,~ ~ 3 to 2 vote? 10. The following Bills for Approval were unanimously approved on mo~ion by Mr. Sanson and seconded by Mrs. Krivos. General Fund ............... $316,203.46 Water and Sewer Fund ........... 40,165.86 Cigarette Tax Fund ............ 43,501,25 Utility Tax Fund ............. 2,938.33 Citizens Contribution Fund ........ 500.00 Improvement Trust Fund ......... 38,110.40 Beach Restoration Fund'. ......... 848.45 Federal Revenue Sharing Fund ..... .. . 361.20 Lowson Blvd. W&S Project Fund ...... 10,000.00 10.a. Mr. Sanson presented the subject of the suit against the City filed by Mr. Whitney Papy. He referred to a letter from Mr. Papy's attorney, Gary W. Roberts, dated February 18, 1975. Mr. Sanson read the letter into the record at Mayor Scheifley's request. "February 18, 1975 Robert Montgomery, Jr., Esq. Post Office Drawer 3626 West Palm Beach, Florida 33402 James M. Blue, Esq. Pos% Office Box 450547 Shenandoah Station Miami, Florida 33145 Re: Papy vs. City of Delray Beach -10- 3-12-75. Gentlemen: As a follow up to my conversation with Mr. Blue wherein he indicated that the Ci~.Cf~-Delray Beach might be persuaded to a.reasonable settlement offer without the expenditures of sufficient monies or further exposure, I tender the following demand: 1. Full back pay for Whitney Papy, Jr. from May 22, 1974 to the present time, together with interest at the legal rate. This would include any raises that Mr. Papy would' have received during the specified time. 2. Total removal of all detrimental material from'Mr. Papy's personnel files, as well as from any other agencies to which such material may have been forwarded. 3. Letters of recommendation for Mr. Papy addressed "To whom it may concern". 4. A reasonable attorney's fee for our efforts on his behalf. 5. Upon total removal of all detrimental material from Mr. Papy's personnel files, Mr. Papy would submit a resignation wherein he would agree not to attempt to be rehired by the City of Delray Beach. As I had indicated previously, it is my belief that there is a Civil Rights Action clearly maintainable by ~. Papy if he so desires under Title 42, Section 1983, U.S. Code. Such an action would include preliminary injunction, Court ordered attorney's fees, as well as substantial Court costs for the City of Delray Beach. This offer will remain open for a period of 21 days from the date of this letter and thereafter will expire without fur- ther notification to counsel. We consider this a reasonable time within which to have your response. If possible, I would like you each to be in a position to discuss the same at our upcoming hearing on motions pending. Very truly yours, sd/ Gary W. Roberts" Mr. Sanson stated he did not believe the demands were such, if they were accepted, and he did not advocate accepting all of them, that they would be detrimental to the City. Mr. Papy is asking that he be allowed to pursue his career in another location. Mr. Sanson asked if Council thought it worth the cost to pursue this matter in the courts since it already has cost $3,000 in legal fees. Mr. Sanson said that based on information he has received, that he believes Mr. Papy intends to carry this matter to the maximum effort available and he has the funds to continue the matter. Mr. Sanson reiterated that Mr. Papy is not asking for his job back or for any statement from the City con- cerning whether or not the City was right or wrong in firing him. Mr. Sanson asked, in view of the large number of lawsuits in which the City is involved, whether or not it would be possible to settle the case out of court saving further costs and showing compassion for Mr. Papy. He stated that at the time Mr. Papy was fired, the City was in an extremely emotional state and he felt Mr. Papy could be helped in obtaining another job by being able to obtain a recommendation from the Police Department. Mr. Sanson moved to accept a settlement offer with the following understandings: 1 - That Mr. Papy be granted an equivalent amount of pay between what he has made in his present occupation and what he would have made; -11- 3-12-75. 2 - That the City Administration make every effort not to hamper Mr. Papy from pursuing his law enforcement career, and that the City does not purposely prevent him and the other fired officers from obtaining work in other Police Departments; 3 - That attorney fees on his behHlf be paid becaus~ it was a necessary expense for him to clear his name; and 4 - That Mr. Papy supply the City with a letter stating that he will not seek to be rehired by the City of Delray Beach Police Department. Mrs. Krivos seconded the motion. Mr. Gent asked who would de- termine what the legal fee would be and if it was a fair fee. The City Attorney suggested the motion be worded to authorize someone from the City Administration to enter into negotiations with Mr. Papy's attorney. Mr. Sanson amended his motion to instruct the City Attorney to enter into negotiations with Mr. Papy's attorney. Mrs. Krivos accepted the amendment. Mr. Randolph questioned the paying of legal fees for Mr. Papy when Council is questioning legal fees in other matters in the City. Mr. Sanson requested Council to amend his motion if they felt it would be more satisfactory. Mayor Scheifley asked the City Attorney, if this motion were passed, what effect it would have as a. possible precedent in future actions. The City Attorney stated the City had fired approxi- mately 40 employees last year and he felt if Mr. Papy is offered money or other concessions, it is possible that one or more of the other 40 employees will attempt to follow Mr. Papy's example in suing the City. Mr. Sanson assured the City Manager he was examining this matter as an individual case and stated his main concern was that Mr. Papy, who wants to be a career police officer, is being prevented from pursuing that career by his being fired from this City. He stated he was ques- tioning, not the City Manager's right to fire him, but the fact that Mr. Papy was not told why he was being fired and was not able to obtain a satisfactory recommendation from the City. The City Manager stated he did not kncw what could be done ethically about removing any detrimental material from Mr. Papy's files, but that he did not want to hamper Mr. Papy from obtaining work and wished he could locate a job. He stated Mr. Papy was given an opportunity to resign in order to avoid having his record reflect that he was fired. The City Manager reported four of Mr. Papy'~s superiors recommended that he be fired. Mayor Scheifley stated this was a very serious matter and he would like the opinion of Chief'Cochran concerning the matter. Chief Cochran stated it appeared principle was the main subject involved in the whole matter. He summarized what he felt Council might be saying by stating that the City is willing to succumb to certain demands rather than to proceed with the case before the court to decide whether he was or was not correct in his statements. Chief Cochran said this was a form of blackmail. He outlined his procedure in hiring men by saying the new men were told when they were hired that for one year they would be on probation and during that time, Chief Cochran would decide whether they would become a permanent employee or be released without any explanation simply because the man did not fit into the way Chief Cochran thought they would perform as a policeman; not because the man might be a bad person, but because the man does not fit the criteria of Chief Cochran for a policeman. He stated if the man did not meet these requirements within a year, he felt no obligation to explain to the man why he was being released. He stated if he saw something in his manner or bearing that made him think the man does not have quite the intestinal fortitude that he would like to see in a .policeman, he did not want to have to explain this to a man when he released him from the department. Chief Cochran further stated it may or may not be exactly the fact; it may be just an assumption or something that caused him to feel this way about the man before his probationary period had expired. On these grounds, he would release him. He further stated he did not believe Mr. Papy had sufficient grounds to go to court and he hoped it would not be necessary in the future for attorneys to enter the matter of a released man. He also said he would expect the City Manager and -12- 3-12-75. City Administration to respect his judgment in such cases and back him. He indicated he was sorry Mr. Papy had difficulties prior to his (Chief Cochran) arrival in Delray Beach and he said he would give full considera- tion to the case and hoped nothing similar would occur in the future. Chief Cochran sun~arized his position by stating Mr. Papy was released, was on probation, and he would not go out of his way to give a bad recommendation, but he would never tell some other Police Chief that he was not released before he completed probation. He stated he felt this would be a precedent and if someone states his intent to sue to get back his job, then he must follow that decision. Mrs. Krivos stated she was sorry Chief Cochran was not here at the time the incident occurred since, in her opinion, Mr. Papy was an excellent officer and just prior to his being fired, he was given an excellent rating by his superiors. Chief · Cochran replied he has instituted a new evaluation form which is com- pleted once a month on his probationary officers; the officers are shown the form and sign it. He further stated his supervisory officers have been told not to wait until the tenth or eleventh month to indicate their opinion of probationary officers. He again stated he did not believe any form of blackmail could be accepted by the City. Chief Cochran said it would be disastrous to bring these people back into the Police Department and it would be very difficult to control them under those conditions. Mrs. Krivos stated that one of the men who was not fired, but resigned, has been turned down by three different departments in Colorado based on the reco~aendations given by the Police Department in Delray Beach. Chief Cochran stated any recommendation would go over his signature as does everything else out of the Police Department. Mr. Sanson stated in the gentleman's case from Colorado, the departments there had telephoned the Police Department in the City. Mr. Sanson summarized his request by saying the reason Mr. Papy had been fired was because he was criticizing the administration and Mr. Papy claimed he had had a lot of prejudice thrown against him because he was attempting to get the County Police Benevolent Association approved. The grievances that Mr. Papy stated publicly are grievances based upon one thing, basically, that no one line of command existed where he could go to air his grievances in ~7h~e he ~n=~~ ~ fair Sanson stated the reason he was pursuing this matter now is because most of the things Mr. Papy talked about have been instituted by Chief Cochran, the principle one being a good, impartial grievance committee. Mr. Sanson requested Council to consider all the actions that have been taken when his motion is considered. He repeated his motion as requested by Mayor Sch'eifley as follows: That we instruct our City Attorney to notify the legal representatives for Mr. Papy that we will answer their letter of February 18, 1975, in these terms: 1 - That upon Mr. Papy providing us a letter of resignation wherein he agrees.not to attempt to be rehired by the City of Delray Beach, 2 - We will, in turn, pay Mr. Papy the difference between what he has earned since leaving the force and what he would have earned as a patrolman. 3 - That the City will ask the Police Chief through the City Manager to please remove all detrimental materials from Mr. Papy's personnel files and give out impartial and reasonable letters of recommendation for Mr. Papy addressed "To whom it may concern", 4 - And give consideration to instructing our City Attorney to enter into negotiations with Mr. Papy's legal counsel to agree on a reasonable attorney's fee to be paid to them for their efforts on Mr. Papy's behalf. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - No. The motion failed with a 3 to 2 vote. -13- 3-12-75. The meeting was adjourned at 11:05 P.M. City Clerk APPROVED: MAYOR -14- 3-12-75. 50A RESOLUTION NO. 15-75 A RESOLUTION OF THE CITY CdUNCIL OF THE CITY' OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BERS~EEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, The City Council of the City of Deiray Beach, Florida, deems it in the public interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" to said agreement, and accordingly to enter into the attached agreement w~th %he Board of County Commissioners of Palm Beach County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE CITY C©UNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Florid~ concurs in the provisions of that certain agreement attached hereto, per- taining to maintaining a traffic signal installation described in Exhibit "A' to that agreement. SECTION 2. That the City Council of the City of Delray Beach, F!orid~ authorizes the said agreement to be executed by a legally des~_gnated officer of this City. PASSED A_ND ADOPTED in regular session on this the 12th day of March: 1975. MA YO R~ ATTEST: City ~Ci erk 50B · · t~!lqTI",NANCE AGREEMENT ~ .,TRAFFIC SICNALS : ~itlS AG!~.EEMEMT, m,nde and entered into this gay of ..... 19 .... , by and between Palm Beach County, Florida, a po[itlc,1 subdivision of the State of Florida, hereinafter called the "County", and the City of Delray Bo,ch, Florida, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, the construction and maintenance of a traffic signal~ or' signals, is necessary for safe and efficient highway transportation at the , location or locations as described in Exhibit "A", attached hereto; and h~{EREAS, the City, by resolution attached hereto and made a part hereof, has determined that it is in the public interest for the City to zssume the responsibility for maintenance and electrical power costs incurred in the operation of said signal installation; NOW, THX~FORE~ THIS INDENTURE WITNESSETH: That in consideration of 'the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties and each of them, mutually agree and covenant as follows: 1. That the traffic signal or signals as des%ribed in Exhibit "A", attached hereto and made a part hereof, will be so designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto, and will be installed under County supervision, with the actual method of construction and financing determined by the County's policie~ budget, and agreement or agreements which it may have with this or another gov ernmental unit relating to the financing and construction thereof. 2. That the City shall, upon completion of the installatlon and acceptance by the parties hereto, assume the sole responsibility for the main- temance and contir~uous o~eration of said signal installation and the payment for all costs for electricity and electrical charges incurred in connection with the operation thereof. i;, ~.., Thc City ,~hall m~inta~n the signal inst~llation in accordance with County policies and to a level of maintenance that will provide minimum hazard to movemont of traffic. In thia regard the City shall r~cord maintenanc: activitie~ relative to ~aid traffic signal inst~llation to a "Traffic Signal Mainten.0nce Log". ' 4. The equipment shall remain the property of the County, and it is hereby understood and agreed by the parties hereto that the City may remove any component of the installed equipment for repair but that the City shall not, under any conditions permanently remove the main frame of the control unit without the express written permission of the County. · 5. It is expressly understood and agreed by the parties hereto that the wiring of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion of the installa- tion 'of the signals. Necessary modifications in timing or minor circuit3,' may be made by the City to accommodate the changing needs of traffic but the County reserves the right to examine the equipment at any time, and after due consulta-. tion with the parties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the state highway system. 6. The City shall not modify the equipment to provide additional phases or intervals without written permission from the County. 7. The City hereby agrees to indemnify, defend, save and hold harm- less the County for all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this agreement by the City, its' agents or employees, or due to any act or occurrence or omission or commission of the City, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the County, or its agents or employees, for its own negligence or breach of contract. 8. It 'is mutually agreed that the County Engineer shall decide all questions, difficulties and disputes of any natore whatsoever that may arise under, or by reason! of t~is agreement, the prosecution and fulfillment of the ~ervices hereunder and ~'.~,~ character, quality, amount and wilue rhereof; and I~i~ decision upon all claim~, questions ~nd disputes shall be final and conclu- ~iv~ upon th~ parties hereto. 50D I . , i' ¢. o. ?.~ f.a ~nder~too6 r.n~ ~g'ceed by ti:.a ro,:tie~ horeto tbac thi~ agree- ment oha!l remain in forc. e during the life of the orig£aally installed equipment ' and any replacemont equipment installed by the mutual consent of' the parties here.to, provided however th~t additional or repl.acemen~ equipment purchased and in,tailed wholly at the expense of the City':in accordance with this provision mhall remain the property of +.he City. IN WITNESS WIIEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. BOARD OF COUNTY caP,MISSIONERS WITNESS: PALM BEACH COUNTY, FLORIDA By: Chairman As to Palm Beach County Attest: (SEAL) CITY OF DELRAY BEACH, FLORIDA As to the~'~o~ ~'elray Beach Attest (SEAL) Approved as co fo~ ~nd Iegal su~fLc~ency: County Attorney .MAINTENANCE AG~LEEM~NT TRAFFIC SIGNALS This Exhibit "A" forms an integral part of that certain Traffic $isna!~ Maintenance Agreement between the County of Palm Beach and the City of Delroy Beach, Florida, Dated_ , 19__' LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: Location: Intersection of South 10th Street, Swinton Avenue, and Old Dixie Highway, Delray Beach, Florida. Commissioner District No. 4 50F RESOLUTION NO. 16-75 A RESOLUTION OF THE CITY :COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE TO CO~4UNITY CHEST SERVICES FOR THE CITY OF DELRAY BEACH AND VICINITY. WHEREAS, the Community Chest Services of Delray Beach, Gulf Stream, Highland Beach and Village of Golf, Inc. has been a viable community organ- ization since 1952; and WHEREAS, in past years the Community Chest Services has always exceeded its goal in every fund drive; and WHEREAS, there are now thirty-one agencies in and out of the City of Delray Beach receiving financial assistance from this organization; and WHEREAS, this organization is closely identified with the residents of Delray Beach and surrounding municipalities; and WHEREAS, the Board of Directors of the Community Chest Services on February 7, 1975, voted unanimously to continue its operation in the s~m~e manner as previous years and remain independent of the United Way of Palm Beach County or any other United Way agency; and WHEREAS, the Council of the city of Delray Beach deems it to be in the best ~_nterest and w~.lfare of the inhabitants of this municipa]~t~~ that the Conn~[~unity Ches% Services be supported in its determination to conduct its operation independent of such other organizations, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, to support the Community Chest Services of Delray Beach, Gulf Stream, Highland Beach and Village of Golf, Inc., in its determination to remain a separate organization, independent of the United Way of Palm Beach County or any other United Way agency and that copies of this resolution be delivered to the County Co]~mission of Palm Beach County, members of the legislative delegation of Palm Beach County, the National Director of United Way agencies, and other persons as may be deemed appro pr ia te. PASSED AND ADOPTED in regular session on this the 12th day of March, 1975. ATTEST: city ~erk '50G RESOLUTION NO. 17-75. A RESOLUTION OF TIIE' CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AUTIIORIZING NEGOTIATION OF A CONTRACT TO IMPROVE THE MEDIAN STRIP LOCATED ON WEST ATI~ANTIC AVENUE BETWEEN S.W. 24TI! AVENUE AND HOMEWOOD BOULEVARD, CITY OF DELI~AY BEACH, FLORIDA, (WtIICH INCLUDES AUTOMATIC SPRINKLER SYSTEM AND LANDSCAPING) AS SIIOWN ON DRAWING NO. 2-13-75-DB, IN TWO SHEETS. ¥,qJEREAS, it is the recommendation of the City Manager that the Council, ~cting by authority of provisions of Section 78 of the City's Charter, award ~ contract to improve the median strip located on West Atlantic Avenue be- tween S.W. 24th Avenue and Homewood Boulevard (which includes automatic sprinkler system and landscaping), as shown on Drawing No. 2-13-75-DB, in two sheets. WHEREAS, of the five quotations requested, five quotations were sub- mitted in the amounts of: Turner Nursery & Landscape Co. $16,541.34 Boca Raton, Florida Mangus Nursery & Landscape Co., Inc. $14,513.40 Boynton Beach, Florida Coastal Nurseries, Inc. $11,827.00 Carr Soil & Sod-Driveways $11,801.18 Delray Beach, Florida Altieri Landscape, Inc. $11,537.00 De'lray Beach, Florida WHERF~AS, the City Engineering Office certifies the quoted prices to be reasonable and the City Manager recommends that the City of Delray Beach enter into a contract with Altieri Landscape, Inc., of Delray Beach, Florida, to improve the median strip located on West Atlantic Avenue between S.W. 24th Avenue and Homewood Boulevard (which includes automatic sprinkler system and landscaping), as shown on Drawing No. 2-13-75-DB, in two sheets, which company submitted the lowest quotation in the amount of $11,537.00; and, WHEREAS, it is the Council's opinion that the award of this contract ,ould be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACtI, FLORIDA, AS FOLLOWS: SECTION 1. That said contract to improve the median strip located on West Atlantic Avenue between S.W. 24th Avenue and Homewood Boulevard (which includes automatic sprinkler system and landscaping), --s shown on Drawing No. 2-13-75-DB, in two sheets, be awarded to Altieri Landscape, Inc., City of Delray Beach, Florida, in the amount of $11,537.00. SECTION 2. That this improvement shall be funded with money from con- tributions in the amounts of $4,500.00 from the Evening Garden Club of 50~ Delray Beach, Florida, and $7,037.00 from the Beautification Function of Parks and Recreation Budget, Account No. 901-77].-508. % PASSED A~;D ADOPTED in regular Session on this the 12th day of March , 1975. ATTEST: ,/ M A Y O .~ ,~/ ~ - 2 -