09-22-75 169
A regular meeting of the City Co~cil of the City of Delray
Beach, Fl. orida, was held in the Council Cham~er~ a't 7:30 P.M., Monday,
September 22, 1975, with Vice-Mayor Grace S. Krivos presiding, and
City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council
members Andrew M. Gent, DsvJ.d E. Rando].F~ and Ron I. Sanson, IV, present.
Mayor James I{. Scheifley was a~sent.
1. The opening prayer was delivered by Rev. Robert C. Klemm
of Trinity Lutheran Church of Delray Beach.
The pledge of allegiance to the Flag of the United States of
America was given.
.3- The minutes of the regular meeting of September 8, 1975, and
the special meeting of September !1, 1975, were unanimously approved on
motion by Mr. Sanson and seconded by Mr. Randolph. Vice-Mayor Krivos
requested a correction be made on Item 5.e. of the September 8th minutes,
changing the item to read the State conducted a traffic study rather
than the County.
4.a. Vice-Mayor Krivos announced that Mayor Scheifley was out of
town for this meeting.
4.b. Mr. Gent stated a constituent had informed him that there are
no bus stop signs On southbound Federal ~ighway beginning at Atlantic
Avenue going south. The City Manager stated he would check the matter.
4.c. Mr. Sanson stated several people had asked when the hearing
will be held on the municipal pool. The City Manager stated a workshop
meeting would be held in advance of the public hearing and a date has
not been set as yet.
4.d. Vice-Mayor Krivos read a Proclamation proclaiming September
27, 1975 as Punt, Pass & Kick Day.
4.e. Vice-Mayor Krivos read a Proclamation proclaiming the week
of September 17 through 23, 1975 as Constitution Week.
5.a. Mr. Philip S. Campbell, 1011 White Drive, Delray Beach, com-
plained of the trash and tree stumps at the corner of White Drive,
Rhodes-Villa and Ocean Boulevard. He stated this area is an eyesore,
a hurricane hazard and a fire hazard. The City Attorney stated the
property did constitute a hurricane hazard and he planned to present
this item on the next Council agenda. Mr. Sanson stated he had received
a memorandum from Mr. Roy Reid which said this nuisance has been given
to the City Clerk for action by City Council.
5.b. Mrs. Shirley Payne, 3692 Lake Ida Road, Delray Beach, spoke
concerning the lack of low-income housing for the residents of Delray
Beach. She stated an immediate concern is the 23 condemned units on
N.W. 5th Avenue; the families involved have no place to go. The electri-
city has been turned off in these units by authority of the City of Delray
Beach. She asked why Delray Beach has no Housing Authority and why the
beach and tourist attractions are given priority to human living condi-
tions. She stated the representatives of this group understood the
property on N.W. 5th Avenue had been offered to the City of Delray Beach,
said offer being refused by thc City. Shc asked what is being done or
what can be done by thc City Council for these peopl~ who are being forced
out of their homes. The City Manager stated the electricity was turned
off by the Florida Power & Light Company upon the order of tile Building
Inspection Department, following the advice of the City Attorney. A
very great hazard exists in these dwellings due to tile condition of the
electrical wiring. The City Manager stated it was thought to be better
for the families to have no electricity rather than no housing at all.
He stated he had been informcd that appro~<J.mately one-half of the families
have moved out of the homes to okher locations° The City has one full-time
170
employee who has been attempting to help relocate the families involved.
Other assistance has come from John Green, head of the Co~unity Action
Council of Palm Beach County. Mrs. Payne stated there is a dire need
for low-income housing in Delray Beach and asked what is being done by
the City to solve this problem. The City Manager stated the City has
made application through the County under the Community Development
Program for assistance in housing for low-income people. Mr. Randolph
stated the City has been involved in the Community Development Block
Grant Program for about a year and a half. This program was supposed to
bring $1,068,000 into the County for urban renewal. The money has been
received by the County; however, the County plans to use the money for
technical surveys and studies to determine some of the problems that
exist in the County. Mr. Randolph stated he was against this proposed
use of the money and that he had met with representatives of several
groups to discuss the matter. He suggested that a group of concerned
citizens, such as the group present at this meeting, attend the Palm Beac]
County Commission meeting at 9:00 A.M. tomorrow morning at the Palm Beach
County Courthouse to inform the Commission of the immediate needs in
Delray Beach. Mr. Randolph reported the City did refuse the offer of
the property involved because the City does not want to become a slum
landlord. He explained Stewart Arms is presently in receivership and
the City can do nothing in this area. He stated he has asked that no
other condemnation proceedings be taken until January 1, 1976, in order
to allow time to locate dwellings for the people involved. Vice-Mayor
Krivos asked if these dwellings were any worse now than they were last
year or last month. Mr. Wilbur T. Brown, 236 N.W. 5th Avenue, Delray
Beach, stated the housing was no worse now than it has been. Vice-Mayor
Krivos asked how bad the electrical wiring is in the homes. Mr. Brown
stated it was satisfactory in his home and said his home had not been
inspected by the Building Department. The City Attorney stated a three
day notice had been given to the tenants prior to shutting off the elec-
tricity. The Building Department reported the electrical wiring was
exposed and children are playing in the area. Vice-Mayor Krivos asked
that someone from the City explain how critical the electrical situation
actually is. The City Manager stated this had been covered at a special
meeting requested by Mr. Randolph. Mr. Gent reminded Council the original
condemnation notices had been posted in June. Mr. Sanson reported Mr.
Reid had stated the situation was critical in the homes and action was
taken to shut off the electricity. Mr. Katzif has emphatically stated
he will not repair these properties. Mr. Sanson further stated it was
his understanding the City could be held liable if an accident occurred
if Council were to order the electricity turned back on under these
conditions.
Mr. John Thomas, 302 S.W. 15th Terrace, Delray Beach, Minister
of St. Paul's Missionary Baptist Church, stated seventeen years ago the
City was supposed to have a building and electrical code, and these homes
should have met those codes. He said if exposed wiring is the cause for
shutting off the electricity, he and others would repair the wiring to
allow the people to live in their homes. The City Attorney stated the
City is charged with the safety of the citizens. He said the City could
not and would not allow children to live in a hazardous situation. City
Attorney Saberson stated the City would reinspect the property if repairs
were made; if the repairs meet the safety code standards, the City would
turn on the electricity. Vice-Mayor Krivos asked if any repairs had been
made. Mr. Thomas stated he and members..of his church plan to evaluate
the problem and make repairs that will allow the people to stay in the
houses. He asked why this situation has been allowed to exist all this
time with the City suddenly taking this action now. Vice-Mayor Krivos
asked Mr. Thomas to make the repairs and have the Building Inspection
Department reinspect the property. He stated he would assume the respon-
sibility of making the homes livable. The City Manager suggested that
pri~r to doing any work, the group contact Mr. Roy Reid to visit with
them on the site and to inform them as to the minimum amount of work to
be done in each instance to bring the house up 'to a safe condition.
Mr. Nathaniel Moody, 17 N.W. 4th Avenue, Delray Beach, a
member of the Black Minority Contractors Association, stated the City
would not be liable for any accident occurring on the property; the pro-
perty owner would be liable. The City Attorney stated both the property
owner and the City would be liable since the City knows of the existing
conditions and has already taken action to protect the people in the area.
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9-22-75
171
Mr. Moody stated someone in the City is ~ot doing their job since he
knew of many locations where violations to the Building Code exist.
Mr. Cliff Durden, 702 Chatelaine Boulevard, Delray Beach,
asked how many Council members, who represent all of the citizens of
Delray Beach, have been to see this area and to speak with the people.
Mr. Randolph and Mr. Sanson sta-ted they have visited the people involved.
Vice-Mayor Krivos stated she has been to the area, but has not inspected
the buildings. Mr. Durden stated this problem has existed for some time
and he asked why action has not been taken prior to this emergency situa-
tion to establish low-cost housing. Mr. Randolph stated the million
plus dollars in the County is available and the citizens should attempt to
have some of it used for housing, not studies. He said poor conditions
have existed for years. Mr. Durden asked what could be done to provide
low-cost housing and stated more effort should be put into obtaining this
goal. The City Manager stated in 1970 the City had applied, througk the
Housing Authority, for Federal Grant money which was never received.
Mr. Willie Sharp, 13 S.W. 14th Avenue, Delray Beach, stated
the City had destroyed the blacktop paving in front of his house while
installing sewers. He said he felt if the City destroyed it, the City
should replace it. The City Manager stated he would check into the
matter.
Mrs. Payne asked if the landlord will be permitted to collect
rent when the repairs to the wires are completed. The City Attorney
stated the City has no jurisdiction over rentals. Mr. Randolph said if
the church members and the tenants fix the electrical wiring and the
landlord requests rent, the tenants should, take the matter to court. Mr.
Sanson asked if Mr. Katzif is selling the property. The City Attorney
stated the contract has not been signed yet, but he thought the property
would be sold. He explained if the City took Mr. Katzif to court to
correct the violations, Mr. Katzif would bulldoze the buildings. Mrs.
Payne asked who is paying the water bill and also asked if Stewart Arms
could be taken cver~ low~cost housing. ~. Randolph stated the City
does not have sufficient funds to complete Stewart Arms. The City Attor-
ney stated Mr. Katzif's attorney had said Mr. Katzif would pay the water
bill for the property under discussion. Mr. Sanson asked if the tenants
could legally withhold rent. City Attorney Saberson stated the City
has no authority to allow this. The remedy for this situation is to
process someone through the municipal court, citing them for violation
of the Housing Code, and they would be fined for each violation.
Miss Barbara Gross, 519 S.W. 3rd Street, Delray Beach, asked
if the City could buy the land and let the tenants repair the houses;
the tenants could then rePaY the City for the land. Vice-Mayor Krivos
stated the City could not become involved in being landlords of any type.
Mr. Sanson asked if the City could take title to the land,
retain title and allow the tenants to maintain the houses. Vice-Mayor
Krivos stated this would not be fair to other families who need housing.
Mr. Moody asked if the City would accept the property from the owner and
let the Black Minority Contractors Association buy the property from the
City for a nominal fee. He stated this organization could build low-
income housing on the property. The City Attorney replied he would con-
tact Mr. Katzif to determine if he would turn the property over to the
City. Mr. Randolph again asked the representatives present at this
meeting to attend the Palm Beach County Board of Commissioners meeting.
Mr. Sanson moved that the City Attorney be directed to institute a
moratorium on all residential condemnation proceedings until January 1,
1976, seconded by Mr. Randolph. Mr. Gent suggested this matter go to
workshop before passing such a motion. The City Manager stated the motion
should contain the words "occupied residences". Mr. Sanson and Mr. Ran-
dolph accepted the amendment. Upon roll call, Council voted as follows:
Mr. Gent - No; Mr. Randolph - Yes; Mr. Sanson - Yes; VJ~e-Mayor Krivos -
Yes. The motion passed with a 3 to 1 vote.
6.b. The City Manager reported since the residency requirement
has been removed as a prerequisite for membership on the Board of Adjust-
ment, it is recommended that Council give consideration to ~he reconfirma-
tion of the appointment of Mr. Leo Blair to the Board of Adjustment. Mr.
Gent moved for the reappointment of Mr. Leo Blair to the Board of Adjust-
ment, seconded by Mr. Sanson. The motion passed unanimously.
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9-22-75
6.c. The City Man0ger reported Mr. Ken Jacobson's term on the
Planning and Zoning Board expires on September 28, ].975. The Planning
and Zoning Board at a recent meeting made recommendations with regard
to filling this position. The matter was discussed by Council at the
last workshop meeting. Mr. S~nson moved 'the item be tabled for further
discussion, seconded by Mr. Randolph. Upon roll call, Council voted as
follows: Mr. Gent - No; Mr. Rando].ph - Yes; Mr. Sanson - Yes; Vice-
Mayor Krivos - Yes. The motion passed with a 3 to 1 vote.
6.d. The City Attorney reported the City Administration has been
pursuing a route of entering into consent election agreements with those
unions with whom the City could come to an agreement to have an election.
Such an agreement has been reached with the International Brotherhood of
Firemen and Oilers who, if they win the election, would represent employ-
ees in the Public Works, Parks and Recreation, Water and Sewer Department?
and non-combat employees in the Fire Department and non-sworn employees
in the Police Depaztment. The agreement is before Council at this meetin~
to confirm its execution which has already been completed on the authori-
zation of the City Attorney and the City Manager. It was imperative that
this agreement be signed last week so the International Brotherhood of
Firemen and Oilers would support the local option at the hearing, which
they did by telegram. The City Attorney stated the City was not allowed
a hearing on the amended ordinance nor was the City allowed a hearing on
the ordinance already filed. City Attorney Saberson explained the differ-
ence between this agreement and the agreement the City has with the Police
Benevolent Association and the Fraternal Order of Police regarding sworn
personnel in the Police Department is that this is an agreement for a
private election as opposed to an election that will be supervised by
PERC. It is recommended that Council confirm the execution of this agree-
ment. Vice-Mayor Krivos asked if the election with the PBA or FOP was
supposed to be held in September. The City Attorney stated it was
supposed to be held September 24th; it is now to be held October 3rd.
The election with the IBFO is scheduled for October 10th. He stated the
City has been offered cards by the IBFO of more than 30% of the employees
which is all they are required to have under the State Public Employees
Relations Law to forc~ the Ci-~y in'Lo an election. The City Attorney
stated the International Union, of which the IBFO is an affiliate, is
willing to sign the agreement. They should have the funds to pay the
fines called for in the Statutes in the event of strikes. The other
organizations are local and small, and the City's only recourse would be
an injunction. Mr. Sanson asked if the union would respect the law that
states they will not strike. City Attorney Saberson stated they must
abide by this since it is a State law. Vice-Mayor Krivos asked how the
agreement could refer to the City PERC Commission since it does not exist.
City attorney Saberson stated the position taken by Alley, Alley and Blue
is that the City has reserved the right to pursue this under the local
option. If the ordinance is only effective after review and approval
by the State PERC Commission, then the City does not have a Commission;
if the ordinance is effective upon application, the City does have a
Commission. Vice-Mayor Krivos asked if the State PERC would approve
this local option Con~ission by October 10th; City Attorney Saberson
stated this would not be approved before the election, but would probably
go to a hearing sometime after the election.
One of the reasons for this agreement is the breadth of the
unit. The unit includes people who are non-sworn in the Police Depart-
ment and non-combat people in the Fire D~partment. There is some question
as to whether or not this is too broad a unit as far as PERC is concerned
in some of its criteria in evaluating a bargaining unit. As far as the
City's interest is concerned, it is felt to be in the best interest of
the City to have as few bargaining units to deal with as possible, as few
contracts to execut~e as possible, and therefore, the City Attorney, City
Manager and labor attorneys opted for a broader unit. The labor attorneys
also felt that if the City goes to State PERC with a finished product, i.e.
if the election has been conducted, the City stands a better chance of
having it approved. The individual who would conduct the
election charges $100 per day plus expenses to be shared equally by the
parties to the agreement. Vice-Mayor Krivos questioned the legal exist-
ence of the local PERC Commission. The City Attorney stated it depends
upon how the State Law is interpreted. A case in Naples is on appeal where
it has been contended local PERC is effective when the ordinance is filed
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9-22-75
173
with PERC in Tallahassee. If that position prevails, a Commission is
in existence now in Delray, with the members having been appointed. The
State PERC has always maintained the ordinance is only effective after
they have approved it. That issue is going to be tried in Collier County
and the City Attorney stated he be].ieved it would end up in the Supreme
Court of Florida. The City has the option of not accepting the applica-
tion for certification after the election is conducted. Mr. Randolph
asked what the effect would be if the City did not hold an election. The
City Attorney stated the IBFO would have to file a petition for repre-
sentation election with the State Public Employees Relations Commission;
a hearing would have to be held on what constitutes an appropriate bar-
gaining unit and testimony introduced as to the interaction of the
three departments involved, plus the Police and Fire personnel; and
the hearing would include why the City feels, in view of the City opera-
tion and the community of interest among these employees, that this is
an appropriate unit for bargaining purposes. If the City decided not to
have a consent election, but chose to have a contested hearing, the
hearing would probably not be held for two or three months and there would
be no election for at least six to eight months. The City Manager stated
one of the facets of this situation is that the election will not be
supervised by PERC officials, as will be the case in the City-PBA-FOP
election. The City Manager stated the City's position is better served
by being consistent by requiring the different organizations to have an
election. Mr. Sanson moved to confirm the execution of the agreement,
seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr.
Gent - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - No.
The motion passed with a vote of 3 to 1.
6.e. The City Manager reported the year old agreement to beautify
the N.E. 8th Street Bridge crossing of the Intracoastal Waterway by the
City and the County is now under way. The County has drafted a new pro-
posed agreement and is asking that the City give its approval to same.
The agreement is basically the same as the agreement entered into by
the City and the County approximately a year ago for the project. The
Garden Clubs have contributed $750 toward the project and the Beach
Property Owners' Association will contribute $1,000. The City J.s to in-
stall the sprinkler system with the cost to be shared by the City and
the groups mentioned. The County is to landscape the property with the
City assuming the maintenance of the property. The City's'portion of the
cost is approximately $1,500 to be taken from existing budgeted money.
Mr. Randolph moved that Council approve the City-County agreement with
respect to the beautification of the N.E. 8th Street Bridge crossing
of the Intracoastal Waterway, seconded by Mr. Gent. The motion passed
unanimously.
6.f. The City Manager stated the year-end transfer of funds is
recommended in order to balance the appropriation accounts for the
1974-75 fiscal year. The amounts of $37,985 from the General Employees
Pension Fund and $20,000 from the Contingency Fund will be transferred
to the Legal Budget for the 1974-75 fiscal year:
To: 01 901 181 410 City Attorney
Professional Services $56,200
01 901 900 702 Interest on Bonds,
Debt Service 1,785
$57,985
From: 01 901 830 800 Contribution to General
Employees Pension Fund $37,985
01 901 830 800 Reserve for Contingency 20,000
$57,985
Mr. Sanson moved for the authorization to transfer funds as
recommended to balance the appropriation accounts for the 1974-75 fiscal
year, seconded by Mr. Gent. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mr. Randolph - les; Mr. Sanson - Yes; Vice-Mayor Krivos -
No, because of the payments to the Alley, Alley and Blue law firm. The
motion passed with a 3 to 1 vote.
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9-22-75
6.g. The City Manager stated it is recommended that a School-City
agreement for operation of the Community School Program in the City of
Delray Beach for the schools' 1975-76 fiscal year be approved. The
agreement is identical to the one now in effect and the agreement of
prior years. Money is provided in the City's 1975-76 budget to defray
the City's share of the cost of the program. It is recommended by the
City Attorney that the last sentence of the agreement be stricken as
follows: "Any legal documents determined necessary by the attorneys
of the respective parties shall be attached to and become a part of this
agreement". The City Manager stated the money is allocated in the Parks
and Recreation Account in the amount of $8,000 of which $4,000 goes
directly to the Community School Program; $4,000 helps to pay the expense
of the Director of the program that heads the Deiray Beach portion of the
program. The City Manager stated this program benefits the City of Delray
Beach to a great extent. Mr. Cent moved that the City Council approve
the School-City agreement for the schools' 1975-76 fiscal year, with the
deletion of the sentence read by the City Attorney, seconded by Mr. Ran-
dolph. The motion passed unanimously.
6oh. The City Manager stated it is recommended that the Council
authorize the acceptance of a deed to property located at the northeast
corner of Lake Ida Road and Barwick Road, which site is being deeded to
the City by Leadership Homes, Inc. at no cost to the City for the purpose
of locating a fire station on the land at some future date. The property
has a frontage of 165' on Lake Ida Road and 200' on Barwick Road. The
architect involved advises there is sufficient room on the property for
a fire station. It was ascertained that Leadership Homes, Inc. is a
part of the operation known as Leadership Cable TV. Mr. Gent pointed
out that the Master Plan adopted in 1972 calls for a fire station almost
on this immediate location. Mr. Randolph moved to accept the deed from
Leadership Homes, Inc., seconded by Mr. Gent. Mr. Sanson thanked the
Fire Chief, Planning Directors, Building Department and the City Manager
for their help in obtaining this land. The motion passed unanimously.
7.a. Vice-Mayor Krivos acknowledged the minutes of the Beautifica-
tion Committee for its September 3, 1975 meeting.
7.b. The City Manager stated Items 7.b. through 7.f. could be
handled in one motion. Requests for gratis licenses have been received
from five persons, all of whom have supplied satisfactory evidence per
Section 16-4 of the City Code and Section 205.162 of the Florida Statutes
concerning their eligibility. Mr. Gent moved that City Council approve
gratis licenses for Clinton J. Mills, Frederic N. Breidenbach, Richard
E. Flynn, Robert A. O'Malley and Mrs. Mae D. Dickens, seconded by Mr.
Randolph. Mr. Sanson asked if it is necessary for Council to approve
each gratis license request. The City Attorney stated the Building De-
partment could issue the licenses if the ordinance is amended. The City
Manager stated it could be done in this manner, but some reasons do exist
that would require discussion. The motion passed unanimously.
8.a. The City Manager presented Resolution No. 44-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS, WATER LINES AND LIFT STATION NO. 58,
INSTALLED IN THE SUBDIVISION OF LAKEVIEW AND
LAKEVIEW GREENS, PHASE I, AS OPERATIONAL AND SETTING
THE INITIAL SCHEDULE OF RATES,. FEES AND OTHER
C}~RGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES
FURNISHED BY SAID SANITARY SEWERS, WATER SYSTEM AND
LIFT STATION NO. 58.
(Copy of Resolution No. 44-75 is attached to the official copy
of these minutes.)
It is recommended that Resolution No. 44-75 accepting sanitary
sewers, water lines and Lift Station No. 58 installed in the Subdivision
of Lakeview and Lakeview Greens, Phase I, an area located in Section
24-46-43, be approved as operational. Mr. Randolph so moved, seconded
by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes;
Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The
motion passed with a 4 to 0 vote.
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9-22-75
175
8.b. The City Manager presented Resolution No. 45-75.
A RESOLUTION TO LEVY A TAX ON f~,L PROPERTIES WITHIN
THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF
PRINCIPAL AND INTEREST IN BONDED INDEBTEDNESS, AND
TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
(Copy of Resolution No. 45-75 is attached to the official copy
of these minutes.)
A Public Hearing is scheduled for Resolution No. 45-75 which
establishes the 1975-76 millage rate. The operating millage rate would
be 8.37 and a debt service millage rate of .73 mills for a total millage
rate of 9.1 for the next fiscal year. A Public Hearing was held, having
been legally advertised in compliance with the laws of the State of
Florida. There being no objections, the Public Hearing was closed. Mr.
Sanson moved for the adoption of Resolution No. 45-75, seconded by Mr.
Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Krivos - Yes. The motion
passed with a 4 to 0 vote.
8.c. The City Manager presented Resolution No. 46-75.
A RESOLUTION OF Tt~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR 90 DAYS FULL
SALARY FOR INJURIES ARISING OUT OF AND IN THE
COURSE OF EMPLOYMENT WHICH PRECLUDES A CITY E~LOYEE
FROM PERFORMING HIS OR HER EMPLOYMENT RESPONSIBILITY
TO THE CITY OF DELRAY BEACH; THE ELIGIBILITY OF
EMPLOYEES FOR SUCH PAYmeNTS TO BE SUBJECT TO THE
APPROVAL OF THE CITY MANAGER.
(Copy of Resolution No. 46-75 is attached to the official copy
of these minutes.)
The City Manager stated it is recommended that Resolution
No. 46-75 establishing a City policy for employee compensation due to
injuries suffered on-the-job be adopted. The compensation will be up
to 90 days full salary. Mr. Sanson moved for the adoption of Resolution
No. 46-75, seconded by Mr. Randolph. Upon roll call, Council voted as
follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr. SanJon - Yes; Vice-
Mayor Krivos - Yes. The motion passed with a 4 to 0 vote.
The City Manager presented Ordinance No. 43-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING SECTION 29-5.3
"RM-20 MULTIPLE FAMILY DWELLING DISTRICT" OF
CHAPTER 29 "ZONING CODE" OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH; REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
(Copy of Ordinance No. 43-75 is attached to the official copy
of these minutes.)
The City Manager reported the Planning and Zoning Board at a
meeting some time ago recommended that Council pass an ordinance repealing
RM-20 Multiple Family Dwelling District regulations that are currently
in the Zoning Ordinance. At the same time, the Planning and Zoning Board
recommended rezoning the last RM-20 parcel of land in the City and Council
agreed at a workshop meeting to follow both recommendations. Council has
passed on first reading Ordinance No. 41-75 rezoning the last parcel zoned
RM-20. This ordinance will repeal that portion of the Zoning Code pro-
viding for RM-20 zoning and req'alations. The City Manager read the
caption of the ordinance. Mr. Gent moved for the passage of Ordinance
No. 43-75 on first reading, seconded by Mr. Randolph. Upon roll call,
Council voted as follows: Mr. Gent - Yes; Mr. Randolph - Yes; Mr.
Sanson - Yes; Vice-Mayor Krivos - Yes. The motion passed with a 4 to
0 vote.
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9-22-75
17§
9.a. There were no reports presented.
10. Thc following Bills for Approval were unanimously approved on
m-~ion by Mr. Randolph, seconded by Mr. Gent.
General Fund .............. $295,368.98
Water and Sewer Fund ........... 6,300.00
Cigarette Tax Fund ........... 51,328.75
Disaster Trust Fund ........... 30,000.00
Cemetery Perpetual Care Fund ....... 1,808.79
Improvement Trust Fund .......... 76,727.81
Beach Restoration Fund .......... 3,796.95
Federal Revenue Sharing Fund ....... 32.40
The meeting was adjourned at 9:40 P.M.
Clerk
APPROVED:
/
MAYOR
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9-22-75
176A
RESOLUTION NO. 44-75.
A RESOLUTION OF TILE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS, WATER LINES AND LIFT STATION NO. 58,
INSTALLED IN THE SUBDIVISION OF LAKEVIEW AND LAKE-
VIEW GREENS, PHASE I, AS OPERATIONAL AND SETTING
THE INITIAL SCHEDULE OF RATES, FEES AND OTHER
CHARGES TO BE IMPOSED FOR THE SERVICES AND
FACILITIES FURNISHED BY SAID SANITARY SEWERS,
WATER SYSTEM AND LIFT'STATION NO. 58.
WHEREAS, the Director of Public Utilities and the City Engineer has
certified as operational all sanitary sewers, water lines and Lift Station
No. 58, as shown on the Preliminary Plats of Lakeview and Lakeview Greens,
Phase I, by the City of Delray Beach; and,
WHEREAS, it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees and other charges to
be imposed for services and facilities furnished by the water and sewer
systems and.lift station, as set forth and contained in Resolution No.
1359 and in Article I and III, Water and Sanitary Sewerage, Chapter 27
of the Code of Ordinances of the City shall become effective the 22nd day
of September, 1975.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That all sanitary sewers, water lines and Lift Station
in the Lakeview and Lakeview Greens, Phase I Subdivisions are hereby
accepted by the City as being operational and the initial schedule of
rates, fees and other charges previously established and applicable there-
to, shall become effective September 22, 1975.
Section 2. That nothing herein contained shall be construed as dis-
charging the developer from the strict performance of his remaining
contractual duties, and that the developer and his bond remain responsible
in all aspects until released in accordance with his agreements with the
City.
PASSED AND ADOPTED in regular session on this the 22nd day of
September, 1975.
· ATTEST:
'. ~i~ty Clerk
176B ~'
RESOLUTION NO. 45-75.
A RESOLUTION TO LEVY A TAX ON ALL PROPERTIES WITHIN
THE CITY OF DELP~Y BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF
PRINCIPAL AND INTEREST IN BONDED INDEBTEDNESS, AND
TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1. That there shall be and hereby is appropriated for the
General Fund operations of the City the revenue derived from the tax of
8.37 mills per one ($1.00) dollar of assessed valuation which is hereby
levied on all taxable property within the City of Delray Beach for the
fiscal year commencing October 1, 1975, and terminating September 30,
1976, the assessed valuation on all taxable property for operating pur-
poses within the City of Delray Beach being $334,037,713, for operating
and for maintenance expenses of the General Fund, and also in addition,
all revenues derived by said City during said fiscal year from all other
sources other than the tax levy for current bond service and that part
of collection of delinquent taxes levied for bond service.
SECTION 2. That the amount of money necessary to be raised for
interest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness of the City of Delray Beach is $464,990, and
that there is hereby appropriated for the partial payment thereof, all
revenues derived from the tax levy of .73 mills per one ($1.00) dollar
of assessed valuation, which is hereby levied for that purpose for the
fiscal year commencing October 1, 1975, and terminating September 30,
1976, upon the taxable property of the City of Delray Beach, the assessed
valuation being $334,037,713, and there is hereby appropriated, if
necessary, from the surplus sinking fund cash, sufficient monies, which,
together with proceeds of said tax levy for debt, will meet the debt
requirements for the aforesaid fiscal year.
SECTION 3. A Public Hearing was held on this Resolution on September
22, 1975.
PASSED AND ADOPTED by the City Council of the City of Delray Beach,
Florida, this 22nd day of September, 1975.
ATTEST
City Clerk ~. .....
176C
RESOLUTION NO. 46-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR 90 DAYS FULL
SALARY FOR INJURIES ARISING OUT OF AND IN THE
COURSE OF EMPLOYMENT WHICH PRECLUDES A CITY EMPLOYEE
FROM PERFORMING HIS OR HER E~LOYMENT RESPONSIBILITY
TO THE CITY OF DELRAY BEACH; THE ELIGIBILITY OF
EMPLOYEES FOR SUCH PAYMENTS TO BE SUBJECT TO THE
APPROVAL OF THE CITY MANAGER.
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that job related injuries necessitating the absence of an
employee from work may cause a material hardship upon said employee; and,
WHEREAS, as an employee benefit, the City Council, subject to terms
and conditions set forth below, has decided upon the recommendation of
the City Administration that to alleviate this hardship, a maximum of 90
days full salary to such employee may be provided during the period of
their disability,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. If an employee of the City of Delray Beach suffers a
disabling injury arising out of and in the course of employment, he or she
shall be entitled to a maximum of 90 days full salary provided that the
employee shall have applied to the City Manager for this benefit and the
City Manager has approved the same.
Section 2. That in no event shall an employee be entitled to this
benefit for a period extending beyond their period of disability.
Section 3. The disabled employee shall apply for workmen's compen-
sation coverage. As a condition of receiving the employee benefit set
forth in this Resolution, the employee shall turn over to the City of
Delray Beach all workmen's compensation benefits received by such employee
during the period that the employee is receiving his full salary from the
City of Delray Beach for the disabling injury. If the workmen's compensa-
tion benefits exceed the full salary of the employee, the excess may be
retained by the employee for his own use and benefit.
Section 4. In reviewing an employee's application for disability
benefits, the City Manager shall be guided by all relative factors bearing
upon the existence of the injury and the necessity of the employee being
permitted to temporarily discontinue his employment activities. Among
other factors, the City Manager shall be guided by the relationship between
the cause of the injury and the employment activity of the employee, the
nature of the injury and the extent to which it impairs the ability of the
employee to perform his employment duties.
Section 5. The City Manager's approval or disapproval of an applica-
tion for disability benefits shall be given in writing. If an application
is disapproved, the reasons for the disapproval shall be stated specificall, .
'If the application is approved, the City Manager shall set forth the initial
time period for which benefits are to be paid, it being the intention of
the City Council that in no event shall the total benefits for any one dis-
ability being compensated hereunder exceed a maximum of 90 days full
salary.
PASSED AND ADOPTED in reg,~lar session on this the 22nd day of
September, 1975.
/ V I C E M A~O R
/
ATTEST:
/ City ~_Clerk