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09-09-74 387 SEPTEMBER 9, 1974 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, September 9, 1974, with Mayor James H. Scheifiey presiding, and City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, Council members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M. Weekes present. 1. The opening prayer was delivered by Rev. David Travis of U'nity of Delray Beach 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 August 26, 1974 were ul--{animously approved on ~otion by Mrs. Krivos and seconded by Mr. Weekes. 4.a. Mayor Scheifley introduced the State Attorney, Mr David Bludworth. Mr. Bludworth spoke concerning his plans for the next two years and emphasized his desire to serve the people. He also spoke of the Police Department in Delray Beach, stating through his associa- tion with the members of the Department, he had found it to be an aggresive organization. He reported Mrs. Krivos and Mr. Randolph had come to his office as concerned Council members asking what procedure could be utilized to eliminate the dissension that supposedly exists within the ranks of the Police Department. Mr. Bludworth stated he had spoken with the new Police Chief who had outlined his proposed program beginning with a series of meetings with his personnel and and developing an organized policy. He further stated his door was open to any person who had complaints concerning the Police Department and would offer his help as much as possible. He also stated the State of Florida has recognized that collective bargaining would be in effect among public employees and that he supported this. Mr. Bludworth reported everyone with whom he had spoken had indicated a desire to have the finest Police Department available and urged the City to give the new Chief every opportunity to achieve this. Mrs. Krivos expressed her appreciation-for Mr. Bludworth's ~consideration toward her and Mr. Randolph and thanked him for attending the meeting. ~ Mr. Randolph also thanked Mr. Bludworth for coming to the meeting and sharing his views. Mr. Weekes expressed his appreciation for Mr. Bludworth. taking the time from a busy schedule to attend the meeting. Mr. William H. Matthews, 1024 White Drive, Delray Beach, expressed the' appreciation of the citizens of Delray Beach to Mr. Blud- worth for attending the meeting. 4.b. Mrs. Krivos asked whether or not any Council members had met the new Police Chief while he was in town. The City Manager replied his plane schedule did not allow time for a planned coffee meeting. 4.c. Mr. Randolph stated he was not totally satisfied that the heart of the problem has been reached. He said he still feels air is to be cleared in this City and an open session is not sufficient. He stated he felt the problem would have to be investigated deeper, and that he would continue to press for an official investigation. 4.e. Mr. Weekes reported he received a memorandum that should be m~--~ public relating to the Federal Funding for the Beach Restoration Project. IIe read a portion of the memorandu~ which in essence stated the bill for the providing of funds for the restoration project has been signed by the President of the United States. Reimbursement is expected within 3 to 4 months; amount expected is 44.2% of the project or approximately $934,902.49. 4.f. Mr. Weekes stated he attended the Beautification Committee meeting last Wednesday and one of the subjects discussed was the sidewalks along Federal Highway which are overgrown with weeds. He requested the responsible department handle the matter. 4.q. Mayor Scheifley stated Mr. Randolph spoke for the entire ~ouncil in saying that if anything is wrong in the Police Department, certainly the people who have knowledge of it should bring it to the attention of the proper peoplc so it can be thoroughly investigated. 4.h. Mayor Scheifley reported Col. Effinger was to be present from the County Planning and Zoning Board to discuss the bicentennial celebration and organize the committee. He was unable to attend due to illness in his family. 5.a. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach, member of the Delray Beach Civic Association, spoke concerning the west side beautification. He stated the lighting system in the west area of Delray Beach is the poorest in the State. He complained of conditions in the Police'Department and stated nothing has been solved. He stated he koped the new Police Chief would ask for the resignation of two of the acting officials, and not take their recommendations since the existing problem would only be worsened by this action. He asked for a grand jury investigation. He then spoke of the lack of facilities for the young people in the City. Mr. Bill McCrae,"602 N.W. 3rd Street, Delray Beach, spoke of the incidents that have been occurring for a number of years in relation to the Civic Center downtown where the young people from the west area of Delray have been denied the use of this Center. He cited last Saturday as an example of being asked to leave the gymnasium. He requested the replacement of Teen Town Center with an adequate facility. Mayor Scheifley suggested Mr. McCrae discuss these problems with the Department of Parks and Recreation. 5.b. Mr. Ernie Schier, 1017 Bay Street, Delray Beach, spoke con- cerning the Police Benevolent Association. He stated this association solicits contributions from the~public through the mail by sale of tickets. He said he now understands some of these assoCiations might be promoting union activities rather than strictly benevolent actions. He requested comment on this. Mayor Sckeifley stated he could not comment, but did say there is a County Police Benevolent Association which has asked to be the bargaining agent for the police and firemen in Delray Beach. There is also a local organization and a FraterDal 'Order of Police, both of which have asked to be the bargaining agent for the local group. Mayor Scheifley suggested that Mr. Schier dis- cuss this matter with the organizations' officers. 5.c. Mr. Whitney Papy, formerly a Delray Beach police officer, explained the County Police Benevolent Association is made up entirely Of police officers. The local Police Benevolent Association is made up of a small number of administrative police officers and their backers and a large number of citizens. He stated the police officers need a business organization, not a social organization, to get some of their own rights taken care of. He further stated the rights the police are expected to uphold for the citizens of Delray Beach are often denied the police officers. Mr. Papy stated the officers had tried to go through the chain of command and were refused and threatened. He said Mr. Holmes, Mr. Clemens and others had spoken out and are no longer policemen. 5.~. Rev. Taylor, 5680 Flagler Street, Hollywood, asked if he would be heard concerning the New Jerusalem Spiritual Church. The City Manager stated this would be considered at the end of the meeting. 5.e. Mr. Erwin Kresser, 237 N.W. 17th Street, Delray Beach, spoke concerning the new Police Chief. He complained about the administra- tions's handling of the police department and the appointment of a new Police Chief. -2- 9-9-74. 389 5.f. Mr. George Clemens, formerly a police officer of Delray Beach, spoke verifying all that had been said by former police officer Whitney Papy. He stated last week he testified in the Circuit Court before Judge Stewart. He said prior to going to court, he was called in and told that if he did not keep quiet, he would be fired. He told Judge Stewart this and Judge Stewart said this would not happen in Delray Beach. Since that time, he has been fired. He said further many of the men are afraid of their jobs. He stated he had been to talk with Mr. Bludworth who had assured him the conversation would be confidential; several days later a citizen told him what had occurred in Mr. Bludworth's office. 5.g. Mr. Frederick Hollingsworth, Attorney, 41 Pan American Building, West Palm Beach, asked to be heard when Ordinance No. 50-74 was considered. Mayor Scheifley told Mr. Hollingsworth that the Ordi- nance would have a public hearing on second reading and requested that he defer his comments on the ordinance until that tirae. Mr. Hollings- worth agreed to defer his presentation until the public hearing. 7.a. The Cit~'~anag~r stated the City has received a communication for permission to solicit funds from October 14 through. October 26, 1974 from the Church of the Living God. The City's Solicitation Committee has recommended approval. Mr. Saunders moved to grant the request, seconded by Mr. Randolph, said motion passing unanimously. 7.b. Mayor Scheifley acknowledged receipt of minutes of the' Beautification Committee for the meeting held on August 7, 1974. 7.c. City Manager Mariott reported a request for a gratis license has been received from Mrs. Lucille J. Nichols, 700 East Atlantic Avenue, Delray Beach, for real estate saleswoman. Satisfactory evidence per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes has'been submitted. It is recommended the license be granted. Mr. Saunders moved to grant the license, seconded by Mr. Weekes, said motion passing unanimously. 8.a. The City Manager presented Resolution No. 56-74. A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1974, to the 30TH DAY OF SEPTEMBER, 1975; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS ~ND THEIR PAY- MENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSIS- TENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR TttE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 56-74 is attached to the official copy of these minutes.) The City Manager stated work on the 1974-75 budget was begun months ago and was presented to Council at a recent regular meeting, then deferred to workshop. Considerable study has been done since its original presentation and a public hearing is scheduled' for tonight. All funds ren.ain the same within ~he proposed budget with two exceptions: 1 - the General Fund Budget was changed by a total of $26,575 and 2 - Funds set aside in the budget for possible purci~ase of the Barr property on the beach have been removed pursuant to Council decision in workshop meeting. The several minor changes in the budget are Itemized in the Resolution. The budget total for 1974-75 is in the amount of $10,227,175.00. The tax millage is to be reduced by one-half mill from a total of 9.6 mills to 9.1 mills. Mayor Scheifley stated since the tax rate is going to be less than that recommended by the Tax Assessor, the advertised public hearings which announced that taxes were going to be increased became meaningless and are cancelled. 390 A Public IIearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. Ernest Schier asked if the 9.]. mill was the total tax. Mayor Scheifley answered by saying the general tax rate for the City for all purposes is 7.57; the 1.53 mills is for bonded indebtedness. Mr. Peter Costello, 201 Venetian Drive, Delray Beach, asked about the 12 additional policemen as shown in the proposed budget, and wanted to know when they would be placed in service. Mayor Scheifley stated he felt the new Police Chief should be in office prior to answering this question. The City Manager stated the re- cruitment of these additional employees has already begun and as soon after OCtober 1st as is possible, the 12 additional employees will be on the payroll. City Manager Mariott said there would be 8 patrolmen, 2 in the Detective Division, 1 jailor and 1 clerical employee. Mr. Costello recommended the personnel assignments be help up until the Police Chief determined how they would be utilized. ? Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach, asked what portion of the budget was allocated to improving or adding on to additional recreational facilities for the young people and the older citizens. The City Manager stated this would be dealt with later in this meeting, and the Teen Town Center has no funds proVided in the budget for construction of a large building to replace the old Teen Town Center. This Center will be discussed at a workshop meetin9 under capital, improvements. Consideration will be given to the advisability of submitting to referendum a general obligation bond issue to pay for a portion of these improvements. Mayor Scheifley stated $258,000 has been allocation for recreation facilities: $10,000 for bicycle paths, $32,000 for Teen Town ballfield, $35,000 for the Teen Town Concession building, $152,000 for the southwest 4th Avenue recreation complex and $37,500 for the Aquacrest pool. There being no further discussion, the Public Hearing was closed. Mr. Weekes moved for the adoption of Resolution No. 56-74, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Resolution No..57-74. / A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY FOR EXPENDITURES FROM THE FEDERAL REVENUE SHARING TRUST FUND OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PERIOD FROM THE FIRST DAY OF JULY, 1974 TO THE 30TH DAY OF JUNE, 1975. (Copy of Resolution No. 57-74 is attached to the official copy of these minutes.) City Manager Mariott stated it is anticipated that with current Federal Revenue Sharing Funds the City has on hand to which would be added subsequent payments to the City of funds from the Federal Government, -that through June 30, 1975 (end of the 1974-75 Federal Government fiscal year) the City will have a total of $828,000 in Federal Revenue Sharing Funds that have not previously been allocated by Council. (An additional $241,900 not allocated by this Resolution brings the amount to the total of $828,000.) Assis!ant City Manage~ Weber explained the amount of $2,000 for finance administration was for a $1,200 audit of the Federal Revenue Sharing Funds and the re- mainder, for special necessary legal newspaper advertis2ng. The City -Manager explained several basic changes in the budget eliminated the necessity for using Federal Revenue Sharing Funds on some items, i.e. police vehicles, $5,000 for the Police Department closed circuit TV, and $2,000 for light poles at the American Legion Field. Mr. Saunders -4- 9-9-74. 391 moved that Resolution No. 57-74 be adopted, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.c. The City Manager presented Resolution No. 58-74. A RESOLUTION OF TItE CITY COUNCIL OF THE CITY OF DELP~Y BEACIt, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE PURCItASE OF A RECORDING SYSTEM FOR THE POLICE DEPARTMENT. (Copy of Resolution No. 58-74 is attached to the official copy of these minutes.) The City Manager stated the City has sufficient funds in the present fiscal year's budget for the installation of a recording system for the Police Department in the amount of $7,511. It is recommended that Resolution No. 58-74 be adopted which would authorize the purchase of the system. Mrs. Krivos asked for what the system would be used. The City Manager replied that it would record tele- phone calls, and is recommended by many police administrators. Mr. Peter Costello stated this was .an excellent idea and would'aid the Police Department. Mr. Saunders moved for the adoption of Resolution No. 58-74, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 33-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~.IENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-6 PERTAINING TO THE MINIMUM SITE AREAS IN THE NEIGHBORHOOD COM~tERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 33-74-is attached to the official copy of these minutes.) · The City Manager stated this Ordinance relative to amending Chapter 29 "Zoning" pertains to the minimum site areas in the NC Neighborhood Commercial zoning district. It was passed on first reading on August 12; A Public Hearing has been scheduled to be held. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. Ernest Schier asked what the purpose of the Ordinance was. The City Attorney replied the areas involved are now 60,000 sq. feet minimum and 8 acres maximum. The City Manager informed the audience this is applicable in any location where NC Neighborhood Commercial exists; the change was initiated by the Planning and Zoning Board and tile reason for the change is because it was felt that 4 acres is too much land to require a neighborhood shopping center to cover. The Public ttearing was closed. Mrs. Krivos moved for the passage of Ordinance No. 33-74 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivoq - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheiftey - Yes. 8.e. The City Manager presented Ordinance No. 34-74. 9-9-74. 392 AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING CI~PTER 29 "ZONING" OF TIIE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-6 PERTAINING TO TIIE MINIMUM SITE AREAS IN THE COMMUNITY COMMERCIAL ZONING DISTRICT; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 34-74 is attached to the official copy of these minutes.) The City Manager stated a Public Hearing was scheduled to be held. on this Ordinance pertaining to minimum site areas in the CC Communiky Commercial zoning district. The City Attorney explained this Ordinance changes the minimum site area to 80,000 sq. feet with a maximum of 40 acres. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach~ The City Attorney stated this Ordinance would not change the presently planned business complex since it originally stated 40 acres was the maximum and still does. The Public Hearing was closed. Mr. Saunders moved that Ordinance No. 34-74 be passed on second ~nd final reading, seconded by Mr. Weekes. Upon roll call, Councillvoted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Ordinance No. 35-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S-CODE OF ORDINANCES BY ~ENDING SECTION 29-5.1 PERTAINING TO PERMITTED USES AND MINIMUM LOT SIZE IN THE RM-20 ZONE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 35-74 is attached to the official copy of these minutes.) City Manager Mariott stated this Ordinance will amend Chapter 29 "Zoning" pertaining to permitted uses and minimum lot size in the RM-20 (Multiple Family) zoning district. A Public Hearing has been scheduled to be held. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Mr. Weekes pointed out that this Ordinance provides for a maximum of 20 units per acre, not any higher number as was worded in the previous Ordinance. There being no objections, the Public Hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 35-74 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.g. The City Manager presented Ordinance No. 36-74. AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF DELRAY BEACH, FLORIDA, AMENDING CIIPATER 29 "ZONING" OF TIlE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-6.3 BY ADDING LIBRARIES AS USES PERMITTED; PROVIDING FOR TIIE USE OF WALLS AND FENCES AND PARKING SPACES FOR LIBILARIES. -6- 9-9-74. 393 (Copy of Ordinance No. 36-74 is attached to the official copy of these minutes.) City Manager Mariott stated this Ordinance will amend Chapter 29 "Zoning" adding libraries as permitted uses and providing regulations regarding walls, fences and parking spaces for libraries. A Public Hearing has been scheduled to be held. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the passage of Ordinance No. 36-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.h. The City Manager presented Ordinance No. 37-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA SINGLE FAMILY DWELLING DIS- TRICT IN "MI MEDIUM INDUSTRIAL DISTRICT", ~q AREA LOCATED ON THE EAST SIDE OF SWINTON AVENUE, BETWEEN THE SOUTH CITY LIMITS OF DELRAY BEACH AND STERLING AVENUE, DELRAY BEACH, FLORIDA, AND WEST OF F.E.C. RAILWAY CONSISTING OF BLOCK 3, LOTS 1 THROUGH 7 OF SOUTHRIDGE SUBDIVISION, ACCORDING TO THE PLAT THEREOF IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13 AT PAGES 38 AND 39; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 37-74 is attached to the official copy of these minutes.) A sketch was shown depicting the location of an area to be rezoned consisting of Block 3, Lots 1 through 7 of Southridge Sub- division on the east side of Swinton Avenue between the south City limits and Sterling Avenue and west of the Florida East Coast Railway from R-lA (Single family) district to MI (Medium Industrial) district. The applicant is Carolyn Rocchio. A Public Hearing has been scheduled to be held. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, ~the Public Hearing was closed. Mr. Weekes moved for the passage of Ordinance No. 37-74 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.i. The City Manager presented Ordinance No. 43-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW CHAPTER IN THE CODE OF ORDINANCES OF TIlE CITY OF DELRAY BEACH, AS AMENDED, TO BE KNOWN AS THE "ANTI-LITTER ORDINANCE" PERTAINING TO TIlE THROWING OL DEPOSITING OF LITTER IN PUBLIC PLACES IN TIlE CITY; REGULATING TIlE DISTRIBUTION OF CO~4ERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING TIlE DEPOSITING OF L~TTER ON PRIVATE PREMISES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT I~REWITII; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. -7- 9-9-74. , CCopy of Ordinance No. 43-74 is attached to the official copy of these minutes.) City Manager Mariott stated this Ordinance has been dis- cussed at several workshop meetings and will be known as the "Anti- Litter Ordinance" pertaining to throwing or depositing of litter in public places in the City, regulating the distribution of commercial and non-commercial handbills and controlling the depositing of litter on private premises. A Public Hearing has been scheduled to be held. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the ~ity of Delray Beach. There being no objections, the Public Hearinglwas closed. Mr. Randolph moved for the passage of Ordinance No. 43-74 on second and final reading, seconded by ~s. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Mayor Scheifley requested the public to cooperate in keeping the beach free of litter. Mr. Weekes stated he has proposed to certain members of the legislative delegation that the State Legislature consider an act which would require a 5¢ deposit on all cans, the deposit to be refunded as it is on bottles. If such a statute is adopted by the State of Florida, it would promote dramatic changes!in littering. 8.j. The City Manager presented Ordinance No. 44-74. AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SUBSECTION (c) OF SECTION 22 "PAYMENTS TO THE CITY" OF THE DELRAY BEACH CATV LEADERSHIP FRANCHISE (ORDINANCE NO. 29-74) PERTAINING TO GUARANTEED MINIMUM YEARLY PAYMENTS AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 44-74 is attached to the official copy of these minutes.) City Manager Mariott stated this Ordinance will repeal Subsection (c) of Section 22 of the Delray Beach CATV Leadership Fran- chise pertaining to guaranteed minimum yearly payments and providing an effective date. The Federal Communications Commission must approve all CATV installations and they will not permit inclusion of the minimum numbers of subscribers. A Public Hearing has been scheduled to be held. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public }{earing was closed. Mr. Randolph stated he received a full tour of the Leader- ship Cable System in Boca Ratona and was very impressed with their operation. Mr. Randolph moved for the passage of Ordinance No. 44-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.k. The City Manager presented Ordinance No. 49-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACII, FLORIDA, AMENDING SECTION 9-1.1 OF CIIAPTER 9 "DUI~DING CODE" OF THE CODE OF ORDI- NANCES OF TIlE CITY OF DELRAY BEACH BY ADOPTING TIlE 1974 REVISION TO TIIE 1973 EDITION OF THE SOUTIIERN STANDARD GAS CODE AS COMPILED BY TilE SOUTH- ERN BUILDING CODE CONGRESS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. -8- 9-9-74. 395 City Manager Mariott stated tb~; Ordinance merely updates our present ordinance by adopting the 19/4 revision of the Southern Standard Gas Code. Mr. Weekes moved for the adoption of Ordinance No. 49-74 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.1. The City Manager presented Ordinance No. 50-74. AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 4-2 PROVIDING FOR HOURS OF SALE OF ALCOHOLIC BEVERAGES; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated he had been requested by Council .to ask the City of Boynton Beach and Boca Raton whether or not they would look with favor upon changing the closing time of bars to 2:00 A.M. Both cities replied they would not be disposed to change their closing time to 2:00 A.M. Mr. Saunders pointed out the procedure for passage of such an ordinance would allow the new Chief of Police to study the Ordinance. Mr. Saunders moved to place Ordinance No. 50-74 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.m. The City Manager presented Ordinance No. 51-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ~vIENDiNG SECTION 4-6 PROVIDING FOR AREAS WHERE ALCOHOLIC BEVERAGES MAY NOT BE CONSUMED; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated this is a modification of an existing ordinance providing for areas where alcoholic beverages may not be consumed. The City Attorney stated a recommendation from the City Prosecutor and the Police Department to the effect that alcohol could not be consumed on business property unless seated at permanent tables provided by the business. Mrs. Krivos moved for the passage of Ordinance No. 51-74 on first reading, seconded by Mr. Randolph. The City Manager stated Ordinance No. 50-74 would prohibit the sale of alcoholic beverages by convenient stores the same as in a bar. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on August 27, 1974, recommended by unanimous approval that Council approve the preliminary plat for Phase I of the Sunflower Subdivision. The property is located in Section 12 at the Northeast corner of the intersection of Lake Ida Road and Barwick Road. Phase I consists of 88 single family lots on 28 acres. Also at that meeting, the Planning and Zoning Board recommended approval of the final plat subject to receipt of a favorable letter of recommendation from the City Engineer. The City Engineer recommends approval of the final plat as well as the preliminary Flat with two contingencies: 1 - that an improvement bond satisfactory to the City Engineer's Office be provided by the developer; and 2 - that satisfactory arrangements be made by the developer with the City for wa~ er and sewer service to serve the development. It is reconm~ended by the Planning and Zoning Board and the City Administration that approval be given to both the preliminary plat and the final plat for this development. Mr. Weekes observed the developer had donated a fire station site as a part of the plat. Council conm~ended the developer for this action. Mr. Weekes moved to grant the preliminary and final plats for the Sunflower Subdivision, seconded by Mrs. Krivos. --9-- 9-9-74. 396 . Mr. John Pitts, 237 Seacrest Lane, Delray Beach, asked what quality streets are required in a development in Delray Beach since they eventually require City maintenance. The City Manager replied the streets must be built to City specifications. Mr. Randolph made an amendment to the motion to the effect that the improvement bond be posted and arrangements be made for water and sewer service. Mr. Weekes accepted the amendment and the motion passed unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Randolph and seconded by Mr. Saunders. General Fund .............. $287,627.61 Water and Sewer Fund .......... 7,771.60 Utility Tax Fund ............ 3,850.00 Improvement Trust Fund ......... 12,880.71 Beach Restoration Fund ......... 2,000.00 Federal Revenue Sharing Fund ...... 29,414.24 10.b.1. The City Manager explained some of the miscellaneous items would ordinarily have appeared on the agenda, but due to the change in the date of the workshop meeting, these items should be considered now. City Manager Mariott stated Mr. Ken Ellingsworth of the Chamberlof Commerce and Mrs. Gayle Cataldo had requested him to make an announcement concerning a new program that the Delray Beach Chamber of Commerce has been working on for some time with the police officials, citizen~ volunteers in the City and the City Manager. The program is called TIP (Turn In A Pusher) and involves any citizen who may have knowledge of drugs or persons involved in taking or pushing drugs call- ing a telephone number - 272-1121 - which will be publicized. The location of the telephone will not be revealed so the person calling will remain ~nonymous. This information will be given.to law enforce- ment officials who will check out the report. 10.b.2. The City Manager showed a sketchdepicting a tract of land located at the northwest corner of Linton Boulevard and Congress Ave- nue, lying in Section 19-46-43. The Planning and Zoning Board at a recent meeting reco~nended that the applicant's request that this land be rezoned from residential to commercial for the locating of a con- venient store be denied. This item is on the agenda for Council to determine whether or not to sustain the Planning and Zoning Board's denial or to take other action. The applicant is Sherwood Park Developers, Inc. Mr. Jim Ritterbusch, President of Sherwood Park Developers, Inc., spoke in favor of the rezoning request. He reiterated his reasons for the request, i.e., no other use is plausible for the land and people on the west side of Congress Avenue need a convenient store. He submitted a petition signed by 93 persons west of Congress Avenue in Delray Estates Subdivision, Rainbow Homes, Sherwood Park, Imperial Villas and other subdivisions in the area who support the project. Mrs. Krivos moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs.'Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - No; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 10.b.3. The City Manager stated the City is in receipt of a requested modific'ation of the site plan for the New Jerusalem Spiritual Church at the northeast corner of S.W. 3rd Street and S.W. 13th Avenue. The reason for the requested modification is to allow construction of a parsonage on the properhy. The Rev. Rollis Taylor is the applicant. Council discussed this item at a previous workshop. The Planning and Zonirj Board recommended by unanimous vote that the modification be passed. Mr. Saunders moved that the reco~endation of the Planning and Zoning Board be sustained, seconded by Mr. Randolph, said motion passing unanimously. -10- 9-9-74. 397 10.b.4. City Manager Mariott reported on a site plan for a proposed ~hild care center to be located on tha west side of N.E. 3rd Avenue adjacent to the south boundary of the Atlantic High School property. The Planning and Zoning Board at a recent meeting recommended by unanimous vote that this site plan be approved. This plan has been discussed at a Council workshop meeting. Mr. Saunders moved the site plan be approved, seconded by Mr. Randolph. Mr. Weekes objected to the vote since the opponents to the project were not present especially since several opponents to this particular project had been present earlier, but had left the meeting due to not being told this item would be discussed. Mrs. Krivos reported she had told the opponents the item would be discussed. On that basis, Mr. Weekes agreed to consider the project. Upon roll call, Council voted unanimously to approve the site plan. 10.b.5. The City Manager stated sometime ago Council authorized the obtaining of a labor union attorney to assist the City. The City Attorney has recommended the retaining of the firm of Alley, Rock and Dinkel headquartered in Tampa, Florida. The proposal of the firm is that they be retained at $1,000 annually, that the City advance $250 deposit toward out-of-pocket expenses, and they be paid at the rate of $40 to $90 per hour with the City to be billed monthly. The amount of the billing (between $40 and $90 per hour) would depend upon the experience of the particular attorney involved. Arrangements were made for them to represent the City for the law suit that is now in progress. Just recently when the City determined to confer with the Palm Beach County Police Benevolent Association, the County PBA sued the City asking that the budget not be adopted or a certain amount of funds be withheld from the budget. A ruling has not yet been handed down in this case. The City Manager recommended the re- tention of the firm. Discussion ensued among Council resulting in Mr. Weekes moving to retain the law firm of Alley, Rock and Dinkel on the basis which is set forth above with the firm to be used on an as- needed basis, seconded by Mr. Saunders. It was ascertained this firm is one of the outstanding firms in this field. It was also pointed out legislative action in Tallahassee supports the bargaining rights of employees. The City Attorney stated unions are replacing Civil Service Boards in the Country. Further discussion involving the audience was held. Upon roll call, Council voted as follows: Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 10.b.6. The City Manager reported the Police Department has a number .of fully automatic weapons that are no longer needed, but several. additional handguns are required. Council needs to authorize the disposal of the automatic weapons since it is disposing of City pro- perty. The weapons will either be traded on hand guns or sold with the proceeds used to purchase handguns. Mr. Weekes moved that the administration be authorized to dispose of the automatic weapons and replace them wi~h handguns, seconded by Mr. Saunders, said motion passing unanimously. 10.b.7. The City Manager reported the City Attorney will be out of town from September 20 through October 10, 1974. An Acting City Attor- ney must be app6inted to fill the position during this period. It is recommended that Mr. John Ross Adams be appointed to fill in during his absence. Mr. Saunders moved to appoint Mr. John Ross Adams as Acting City Attorney, seconded by Mr. Randolph, said motion passing unanimously. 10.b.8. Mrs. Krivos stated she supported Mr. Randolph 100% in any endeavor he undertood concerning the problems in the police department. 10.b.9. The City Manager stated he wished to make several comments at t~i-~ time concerning the situation in the Police Department and the City Administration's handling of it. tie spoke as follows: -11- 9-9-74. 398 . "When Mr. Bludworth was here - shortly after Mr. Bludworth finished his presentation, Mrs. Krivos, in her remarks, said something that I agreed with and I want to put a little accent on that. And that is with regard to "violations of the law" and I wrote the words down because I know that was exactly what she said. That in cases where there were violations of the law that she would hope that anybody having information of that kind would find their way to Mr. Bloodworth's office and give him that report. And I would hope so too. But I would doubt very seriously whether or not that kind of information exists with regard to our Police Department and.the reason I doubt that is because back sometime ago, right after Chief Grantham retired, I called the Police Department together and I talked with them at length about where we are now, what's 9oing to be expected of them as individuals, and what we hope the Police Department to be and for people to recog- nize it as. And in that conversation, which was a one-way conversation on my pa~t, I told them that we were going to have a second part to that -- that we were going to turn the tables and I was going to ask them to come in one by one and talk with me individually and talk with me-in confidence to tell me whatever they happened to know, whatever opinions they might have, what their judgments were, with regard to individuals in the Police. Department, with regard to procedures, with regard to equipment, with' regard to anything they might have on their minds with regard to the Police Department, and more particularly, whether Or not they knew of any gross wrongdoings or illegal acts on the part of anybody, because from time to time we hear rumblings to that effect. These people came in to me, one by one, and it was to be in strict confidence and I told them that, and it was with that understanding that I heard from each and every one of them, and I will say that I have not covered the entire Police Department at this point, but I have covered most of them - I have listened to most of them. And only the press°Of time has kept me from having listened to all of them at this point. But I assure one and all that before I am th'rough with it, I will have lis{ened to each 'and every one of them. And up to this point, not one of them has told me anything or has given me any evidence of any violations of law - I am going back to those words I jotted down - to any violations of law - and I believe in a department which, and I hate to admit this and say this, but I am afraid it's true, that is as dissension ridden as our department has been, and the dissension is getting less now, but we still have some and we have had more in the past, and with that being true and with seemingly everyone out for just about everybody else's neck, I think that had they known of vio- lations of law within our Police Department, they would have told me in confidence. That would have been not proof, not a court of la%f, but it would have been a starting point from which I could start to bring them to task, and believe me, I would have no hesitancy in bringing anyone or any number of people to task should such evidence be given to me. Now, I will say that the door is still open because there are still a few I have not heard from, but I rather suspect had they had. knowledge of any such thing as that - as serious as-that - with conditions being as they are and more particularly as they have been in the past, they would have beat their way to my door by this time. I think, too, and this was reinforced just recently on the day that I appointed the Police Chief, that if any of our superior officers in the department - our ranking officers - had knowledge of any such thing that certainly I would have had it at that time because I called those people in, one by one - Capt. Billings, Lt. Kilgore, Lt. Michael, Acting Lt. Brooks, Lt. Dalton - into my office upstairs and talked with them, listened to them mainly at that particular time with regard to their thoughts of the department and the people, ~and I made it a poi~it to ask each one of these five individuals - Do you know of any violations on the part of anyone in that department - Do you know of any place to look - Are you overly suspicious of something - Can you give me a lead. Everyone of these five said no. And I want this made a matter of public record because I ~will be looking and listening to see if any of our employees tell anybody different information than they have told me. And I would say further that I would extend this invitation to anybody outside of the police department - if any member of this Council or anybody sitting at this podium or any -12- 9-9-74. 399 member of this audiencc or anybody anywhere in Delray or elsewhere has any evidence of wrongdoing, any illegal acts, any violations of law on the part of any of our police personnel, I am the person that · should have it and I don't mind Mr. Bludworth or anybody else having it, but I should have it too. So far I don'[~ have it an~ I have stocd behind our Police Department and I still stand behind our Police D~partment. I believe in this country. This is a country of laws - it's not a country of men. And a person and a department are equally innocent under the law until and unless proven guilty. And when and if events that ensue that cause violations to come forth, let them come. As far as I am concerned, we are an open book and every one of our police administrators tell me the same thing and don't let anybody tell you and don't believe it that all of our lower echelon are disgruntled, tha't they are unhappy, they don't like the way things are going; it simply is not true or I have been lied to and we'll see what happens from here on out.,, Mrs. Krivos stated she has always been a strong supporter of th~ Police Department and still is. She further stated that if every- ' thing is fine and going well, then she sees no reason why anyone would object to an investigatioh, which would clear the air once and for all. Mayor Scheifley commended Mr. Bludworth for his comments and stated everyone agreed that an efficient Police Department was desired .by the entire City. He reiterated the new Police Chief should be given every chance. Mayor Scheifley stated if he were the new Police Chief and an investigation was conducted prior to his coming, he would have second thoughts about coming at all. To date, Mayor Scheifley stated he had not received one bit of evidence to collaborate the charges being made about the Police Administration. Mr. Saunders agreed with Mayor Scheifley ~nd stated~.h~ f~it Mr. Kresser was completely out of line in his comments~ He stated'he felt the citizens of Delray Beack skould support tke neQ Police Chief in every way possible to establish an outstanding department. 10.b.9. Mr. Saunders reported th~r.e are several broken concrete benches in the beach area. One is in the small pavilion on the north end and one on the north beach. He requested these be repaired. 10.b.10. Mr. Randolph reported he ~elt a definite need for an outlet for grievances and if this is not established, he felt the problems would still exist. He stated even in the Military, with the dissension in that organization, channels are established'through which men can go to work out problems. He further said he planned.to discuss th~s with the new Police Chief since he felt this was an answer to the complaints that lines of organization are not working at'present. 10.b.ll. Rev. David Travis spoke from the floor' commending Council members for the manner, in which the meeting was conducted, especially under the circumstances that occurred in this particular meeting. The meeting' was adjourned at 10:40 P.M. ~City Clerk . APPROVED: M A Y O R 9-9-74.