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06-28-71 108 A r~u..lar meetip, g of the Cii:v Cc. tine': ~ o-c- the City of D~lL-ay Florida, was hotel in the Cou~'Icil Chkm]~ers at 7:30 P.M., wiLh H;!yor J. L. Sa;u:~c'ters 5_n i~he Chair, CFLty Idana~"er j ~Ldon .... ~--4 ~- '. i~obert Fel!ows and Council !clambers Grace S. Martin, ja~tes Ii.~Cchei.~u~, ~eoll iq. Weekes a.n{ 0~'~. YDvncl)lnc, d be_..,~-';'~'~ present. 1. ina Opening P~aye¥- was as' '-~- '~ sy._. v, ...... . 2. The Pledge of Allegiance to the Flag ef the Unite~ States of An~erica was gWen. 3. The minutes of the regular meeting of June ~- !971, were unanimous- ly approved en motion by Mrs Mart.in and seconded by ;ir. ~¢ee]{es. The minutes of the special mae'Ling of June 23, 1971, were unani- mously apppreved en motion by ~3k. Youngb!eod and seconded by Mrs. Martin. 4. Mrs. Martin reported that she had received several complaints about cars being warY. ed en en 'c_~e City streets at 23]. Seacres% Circle in an =hms cou].d be e!iminmted. R-1AA zone, and asked if = ' This matter was referred to the City Hanager. /. Mr Scheifley _ .L ' .. . reDermen that lash week the Administration beautified the parking lo% across f~rem the old City Hall and Police Station si'he on S. E. 5th Avenue with a planter and Adonidia Palm Trees, and that it leeks very nice. He at. so reeorted.., iiqa% the tzars--' ~':ic problem on Palm Trail which Ne referred 'ho hNe City Manager two weeks age, Nas been seived by the City crews and the people have been notified. Mr Sche" ~ ~ = . ~_!el, comp!)~me:nt, ed 'the City Nanager for pro}r, pt, of fi cient and courteous re}inner in whid~ he is handling these requests.. .<,~.,.olz~ey 6rohn Ro~s Ada!r.s presente~ the following petition with ....... ~" at~ - ~gnatures: ~,.~_,x .... ~ -~:ly 200 s . "We the Undersigned, hereby petition the l{ono:cab!e'City Counci. 1 of the C~_ty o~- Delrav Bead} Ploride to a ~,-~ ' any further consi~ ...... a_J.on of ~!~ ire on ~s.e ida Road z,~st of 11 5 rig]~k-c,f-way a's ,..ne l:}cati, en for-a so,forage treatment · ~ p.~an~, fou tl~e reason that the selec%J.on of t'his site wou/.~t seriously depreciate property val'aes throughout .the Northwest ~area o~ Deirav Beach, and ~eou!SCh~'"-n''t..c.l~ :Eurtner' ae~zelopment Ne f~ther urge and recommend ~ne,. ~ thorouoh s~udy should be }0a{~e, and that some s~e Wes% of ~-95 rigNt-of--wai,o,,~"q-~,-~ r la_=o, be selected for this pull.pose." Ne poinCed out that 95 per ::ant of the people who signed this peti- ~-i. on are pro~DeF't.v or, nors between~'r",' = ~ Roa:l and N. Fu 9th Street. Itc said thaC the Planning ro,.:.ra was asked, at its last me,:ting to Start its own study on th':'~ 3:.equest and it was that :al~e't wou].d be !one. Mayor Saunters staeod that '~,'~ i. te ~ 61ot 'N~eo~ore L. Poo!e, JT:u., (->,nirr.~an of h~ie P_;.,..~:~.~_~iI end c.%~.~,_, that be done so 'ChOy can i}e.~ zncorDorated in 'the ~.~a~' "'her Plan and ~he Preliminary Land Use Plan. " .... eha~ }ks Charles Vog!er, 17 6 a. CA~.y Manager 3rd Strce-'~, in behalf of the Consu~nitv_ Action Coupc~l, has rec[z~es,...=~. hse of the Civic ...... ~', ...... c.~:~n, for z~r~:.m,~ - ~_~..:~, ~r. cluC~ng the ~-'{{--~ 2eeo in connection witll a Foc.~--~c~e~,..ien program, v~ich was discussed a'h the June 23rd werksNop meeting; ~urther, having been denied use of the facili%Aes by eno Administration, for the way in which the applicator expressed a desire to use it, Mrs. Vegler is present ~_o answer any oa Council's questions. .... ~ Fooe-~o-or ~.nator were pre- Mrs. Vogler s. nd t~{~ss Lucy Strake!e, ~ ~ ~' - , sent an~ explained the progr~n and the need of a location and equip- ment to prepare hhe food. There was some discussion as to which of the ffwo centers, Catherine m Strong Co.~munx~v Center or the Co--unity Cen~er next to ffhe Cihy Hall would be most suitable for the prepara- tion of the food. After genera]. ~x~cuss{on, Mr. Youngbloo~ move~ that the A~ninis- tra~ien do all that is possible to make it convenient for this foo~ pzogram at ffhe recreationei center facilities. The motion was second- ed by Mrs. Martin an~ unanimously carrie~. 6.b. City Manager Mariott reporte~ ~haff taxes were assessed an{ col- lected by the County and paid to the City on a portion of Mr. Walter H. Simson's property that ~s not wi%bin 'hhe City !imi.ts, being tibet part of the South 200 feet o.~ ~,o~. ~h 2 !70 feet of Section 28-46-43 lying beffween the Easterly right-of-way of the intracoastal Waterway and the Westerly right-of-way of State Road A1A, for the years 1969 and 1970, in the amoun'h of $945.78, and recoPa~ended that sai~ reim- bursement be made from the General Fund Contingency Account. Said reimbursement in the a~u. ount of $945.78, was unan~mous!y ap- prove~ with fun~s to c~,~.e~ same . o ~- being taken from the General Fund Con- · '~ ' by }~k Scheifley and secon~e~ by Mr %i_ngency Account, on mo~_~on ~ . You ngb!ood. 6 c. Mayor Saun~ers submithed ~ e : ..... ." . . ~ tn_ foz. zo'.,{x~g hanes wi'hh expiration de~tes as sho~m, ~or appointment %o the Delray Beech Downtown Develop-- men. t Authority, and sa~.d those in{ividuals have all agreed %o serve on the Authority if appoh~te~: John Kabler July l, 1974 LeRoy W. ~{e..rz~t 0u!v !, 1974 James L. Love JulAl~ 1, 1973 J. LeRoy croft July !, 1973 j. Morgan .M%kell July i, 1972 Said appointments were made with terms as in~icate~, on mohion by Mr. W_~3,es~r~' -~ and seconde~ by_ .... ~,ir . Youngbtood 7.a Coanczl was ~nformed ehat a requesff has been received from Robert Allirs, ..~29 N. W. o~n Avenue, Fort Lauderdale, _lorzea, on behalf 'of Hr. John [P. -~ 1," ~ ~.~',~ ~ _ ~o_.z~ns, same ~.~e~s, for a!!r!exa~ion o~ !2 through 17 and 52 threug!~ 57, Block 34, DEL-RATON PARK Subdivision, ..... 1 ~ Zel~ing, located ah 2009 through . ' ~ . ~.n .......:~ z ~le~.zee Nou]..everd, respec~ % ~ Ve~ ~. t,~... C/fy ............... ' ' .... * ;,,'¢ firs :',';ar'L in f:'. . T~,~ City Manager presented ~,~,.~z~,~' ....... NO 20-71 ............. ~, ..... : ,_,~1. D iON BENEFITS BEING IN ~-~ .......... TO ALL PENSION i~ENEF!TS AS OF THiS ~,.- .....AS PROVIDED IN CHAPTER (Copy of Ordinance No. 20-71 is ah%ached hO the official copy of these minutes ) See pages 106-A-B A Public Hearing having been legally advertised in compli_ance with the laws of the State of .... ' *'- t.J_ezle~ and the Charter ef the CiLy of De!ray Beach was held, and there being ne ebjectien to Ordinance Ne. 20-71, said Ordinance was unanirnous!y passed alzd adopted on this second and , _ i.~ertzn and seconded by Hr. Weekes. final reading on metien by Mrs. ':- 8.b. city Nanager Mariott presented ORDINANCE NO. 21-71. AN ORDINANCE OF THE CiTY OP DELRAY BEACH, FLORIDA, PROViDiNG ADDITIONAL PENSION BEN- EPiTS FOR P!RNi,~SN BEFORE AND AF%~ER RETIRE-- Z.LENT: SAID PENSION BENEFITS BEING IN AD- DITION TO AY.L Phi(SION ¥ ..... -~-"'~ ..... DATE AS 'PROVIDED IN CHAPTER 175, PLORIDA STATUTES, 1971. (Copy of Ordinance No. 21-71 is athached to the official cepy of ehese m~nutes.) See pages 106-C-D. A Public Hearing having been lega].ly advertised in compliance with the laws of tli~~. St~.,_e-~- ef P]orida_ _ and the Charter of ''tn._~ City of Delray Beach was ne~.d, and thdre be~_ng no ebjection eD Ordin'bnce Ne. 2!-7!, sa~d Ordinance was unanimously passed and adopted on this 2ecend and final reading, on motien by Mr. Scheifley and seconded by Youngb!ood. 9 a City M~nager Mariott ~ ~ ' . . . reporter~ that t. Ne rla:hl~n~ and Zoning at its June 15, 1971, meeting, held a pub~i.c h~..%ing on a request {rom the I, ake Ida Development ¢ - -~.,.-4 ~ for , k~.~.~,A (Single _ ,_erpo ....... el rezoning from * "* Pan[iF Dwelli. ng District) eD RH-2 (klultip!e Family Dwelling Disbrict), off approximnee!y 37 acres of' la'nd in ebe Southwest Quar'ter of Section 8-46.-~3. , located oil the z,,.ortn~- ' ~'olcte' ' of Lake ida Road b.3t~,.~een N. ~'¢. 8Eh Avenue and %he E-4 Canal, the l_>laus bein,~ :Sosc~.,.,:"', ...... t_~. uc' ..... ~ion of resi,rlen- Cia!, garden-type renhal, apartments and recreati, on and inedicat care facilities for senior citizens. ¢:te furtiier ~ep3rqed tha% fo!lowing-'-*"'- ' " ..... ~e. public hearing, during 'e?hic:h several eersons obj~c'ted Lo si!id rezonir:g, the Board unar~imously r '~ ' ~ '~.' ...... S =. ,= %13 e .. ~ ' ..uco..,,%,..n.~.~.d ti)at reques'f' for }foz(}lll. i'zc' ])O denied. Due to t.here being a r, ossSh].e czc, rifl_ict of iilterest on this item, ... tm.: dis ~:~,_ the (.( u..c.._l Chambers and o~ not {'.eke pax't in -~ ~ - cilssion or act.ion taker1 on ti'liS .... e Pz~.~iu~2 end %ont~.g ~ --5: ccnmmndation was ~n-,animous!y 'Zion }'~,.~ Mr. Youngbteod a~id seconded by ~'.gr. ¥{eekes. 10~a. Cit,/_ ?{~nag~}_ .~ari. o%t~- reported t'hat the ..~!anning and Zoning Irving Stuart, !~c., subject to cons'kructien of sidewa!]{s on bot'h sides of the streees and the City Engineering requirements. Tine Preliminary Plat oJ[ Resemont Gardens, llni% "B", was approved, as recommended, on motion by Mrs. i.,larhin and seconded by ~4r. Young~!e~d. 10.a. {~ot~nc.:il was znzozmee that ~.!r ~ . Oeao Tanner, on bellalf of Roy A. Glisson Agone for the owner .sEe. ilk DSnie!son, Trustee has requested annexation ef approxima'ke].y 123 acres in Section 30-46-43 South of Se~koazd-Alrl~le Railroad and the Germantown Road and bordered by the .... ' E-4 and C-!5 Canals. The City Manager reported ~'"'~-; Ne had rec=ived a ].otter dated June 21, t911, from Arthur Strock, the engineering firm retained by the -. tn~,~ in. is client ~.z. uehde~ %o ask for annexation subject oyster, stating -''" ~ . ~"'- ' " ' %o RH-ZA --n ~ ~.~o C--2 zoning, Hultip!e Family and General Commercial Zoning, respectively; if the!~- could iRstall their o~;n Sanitary Sewer facilities witho~rt tying into them._~"ty's Sanitary Sewer facilities; and being per- n-~itted to make installation of their water faci!it2ies, using the City water supply in sene fashion. ._h.. C~t' }!anag'er recommended that th~s request be referre~ to the Planning an{ Zoning Board for s'ht~y and recommendation with them real- :[zing there are 'things involved e'hP~er than annexation and zoning. Col. Theodore L. Pcole, 0'r~, Chairmai~ of the Planning and Zoning Board, said he felt that uhe_.e ts a definite lack of consider .the ='~-,..~sibi]_ity and desirability, of annexation. Further, that some study should be made to determine if the annexation of property would be the oust for '-~ ity well ~s ' L~,. C now as -' in the future and what the cost to t!}e City ?~ould be for providiz~g services. Foil. owing e question by D!eyor Saunders, %he Ci~r~y, Nenager said that this (~ou!d. be. handled administz.=e=~_v-e!y and/or by the Planning and Zoning Board and that it is something that s~ekld be looked into After general discussion, said ......... t r~qhes for annexation was unanimous- Iv e.~erz=d to the Pia. m%~n9 and ZoRing Doard for study and recourSe.halation, . ?~.A tzn. on motion by Mr. Weekes and seconded by Mrs. ~' ~ ' 10.a. Mr. Scheifley reported that the snack b;'~r opera'ted by the Bureau of Blind Services located at the rear of the County Court tteuse Annex Building in a trailer, is i~ eperaiiien a% this {iiDle, is completely out of sight from Congress Avenue, is verxf clean and neat and that he be- lieves it is appreciated by the employees of t'he Court House. l0 .b~ The foitowing Bi] !s ~ _~r ~.~ ~ . . / ' · =c A'~)'oro~al '.~,ere unanz~mously approved for payment~ on motion by Hr. Weekes and secon{ied by ~dr~ Scheifley. e~._r~l Fund S133 005 36 Water Revenue F~lld 1,000.00 Cepitai improvements Construction Ft}.nd ].!8,591.20 adjol~rned at 8:30 Cfi hy C].er'k 10 ~3 -A ORDINANCE NO. 20-71. AN ORDINANCE OF THE CITY OF DELPJtY BEACH, FLORIDA, PROVIDING ADDITIONAL PENSION BENEFITS FOR POLICE OFFICERS BEFORE AND AFTER RETIREMENT: SAID PENSION BENEFITS BEING IN ADDITION TO ALL PENSION BENEFITS AS OF THIS DATE AS PROVIDED IN CHAPTER 185, FLORIDA STATUTES, 1971. WI~EREAS, the Delray Beach Municipal Police Officers' Retire- ment Trust Fund, has grown both in assets and stability, and WHEREAS, by sound investment and wise and prudent adminis- tration by the Board of Trustees, the Municipal Police Officers' Retirement Trust Fund is capable on a sound actuarial basis to grant additional benefits to the policemen before or after re- tirement, to these pension beQefits presently provided under the provisions of Chapter 185, Florida Statutes, 1971. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. MONTHLY RETIREMENT INCOME. The amount of monthly retirement income payable to a policeman who retires on or after his normal retirement date shall be an amount equal to the number of his years of credited service multiplied by two and one-half (2~/o) per cent of his average final compensation. If a policeman has been contributing only three (3%) per cent of his salary, his monthly retirement income shall be an amount equal to the number of years of credited service multiplied by one and one-half (1~/o) per cent of his final average compensation. SECTION 2. INVESTMENTS. The Board of Trustees may invest and reinvest.the assets of the Municipal Police Officers' Retire- ment Trust Fund in: Bonds, stocks or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United_ States, .'any state or organized territory of the United States or the District of Columbia, provided: (1) The corporation is listed on any one or more of the recognized national stock exchanges and holds a rating in one of the three highest classifications by a major rating service; (2) The corporation has paid cash dividends for a period of seven fiscal years next preceding %he date of acquisition; (3) The corporation fulfills either of the following standards: Over the period of the seven fiscal years im- mediately preceding purchase the corporation must have earned after federal income taxes, an average amount per annum, at least equal to two times the amou~at of the yea. rr ly interest charges upon its bonds, notes or other evid'.~:nces of indeb~2edness of equal or gree. ter security ou~.standing . f~.~cral income taxes, at date of 'ourchase, and earned after ~,~-~ an amount at least e~uai to two times the amo{3~nt of such interes~.~ charges in each of the three fiscal, years irrm%ed~ate- ly preceding purchase; or ~he corporation over t'he period of seven fiscal ycars in%mediately preceding purchase must have earn'ed after fed,eral ~.ncome taxes, an average ~nount per annum at least equal to six Der c.~n., of the par value 106-B ~ Page 2. Ordinance No. 20-71. of its bonds, notes or other evidences of indebtedness of equal or greater security outstanding at date of purchase, and earned after federal income 'taxes, an amount at least equal to six per cent of the par value of such obligation in each of the three fiscal years inm~ediately preceding purchase. No investment shall be made under this para- graph upon which any interest obligation is in default or which has been in default within the immediately pre- ceding five-year period. (4) The board of trustees shall not invest more than three per cent of its assets in the cormT~on stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed three per cent of the outstanding capital stock of that company; nor shall the aggregate of its investments under this section at cost exceed thirty per cent of the fund's assets. SECTION 3. APPLICATION. All other provisions of Chapter 185, Florida Statutes, shall meet all the requirements and be fully ap- plicable, except for the provisions of this ordinance, to the City of Delray Beach Municipal Police Officers' Retirement Trust Fund. The increased pension benefits in the same percentage of increase as provided for by this ordinance shall apply to all policemen now receiving retirement benefits and all policemen eligible for retirement benefits but not now retired, under the provisions of the City of Delray Beach Municipal Police Officers' Retirement Trust Fund, Chapter 185, Florida Statutes. PASSED AND ADOPTED in regular session on the second and final reading on the 28th day of June , 1971. .MAYOR ! ATTEST:~- City C! ei-k Firs% Reading June 14, 1971. Second Reading June 28, 1971. 106-C ORDINANCE NO. 21-71. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING ADDITIONAL PENSION BEN- EFITS FOR FIREMEN BEFORE AND AFTER RETIRE- MENT: SAID PENSION BENEFITS BEING IN AD- DITION TO ALL PENSION BENEFITS AS OF THIS DATE AS PROVIDED IN CILAPTER 175, FLORIDA STATUTES, 1971. WI{EREAS, the Delray Beach Municipal Firemen's Pension Trust Fund, has grown both in assets and stability, and WHEREAS, by sound investment and wise and prudent adminis- tration by the Board of Trustees, the Municipal Firemen's Pen- sion Trust Fund is capable on a sound actuarial basis to grant additional benefits to the firemen l~efore and after retirement, to these pension benefits presently provided under the provisions of Chapter 175, Florida Statutes, ].971. NOW, THEREFORE, BE IT ORDAINED BY %~RE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. MONTHLY RETIREMENT INCOME. The amount of month- ly retirement income payable to a fireman who retires on or after his normal retirement date shall be an amount equal to the number of his years of credited service multiplied by two and one-half (2~/o) per cent of his average final compensation. If a fireman has been contributing only three (3~Zo) per cent of his salary, his monthly retirement income shall be an amount equal to the number of years of credited service multiplied by one and one-half (1~/o) per cent of his final average compensation. SECTION 2. INVESTMENTS. The Board of Trustees may invest and reinvest the assets of the Municipal Firemen's Pension Trust Fund in: Bonds, stocks or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States or the District of Columbia, provided: (1) The· corporation is listed on any one or more of the recognized national stock exchanges and holds a rating in one of the three highest classifications by a major rating s err ic'e; (2) The corporation has paid cash dividends for a peri- od of seven fiscal years next preceding the da're of acqui- sition. (3) The corporation fulfills either of the following standards: Over the pericd of the seven fiscal years im- mediately preceding purchase 'the corporation must have earn- ed after federal income taxes, an average srnount per annum,' at least equal to two times the amount of the yearly iDter- est charges upon its bonds, notes or other evidences of in- debtedness of equg~! or grea~.te~.~ security outstanding at date of purchase, anal earned after federal income taxes, an amount at least equal to two times the amount of such inter- est charges in each of the three fiscal years immediately preceding purc'hase; or the corporation over the period of seven fiscal years in~ediately preceding purchase must have 106-D - Page 2. Ordinance No. 21-71. earned after federal income taxes, an average amount per annum at least equal to six per cent of the par value of its bonds, notes or other evidences of indebtedness of equal or greater security outstanding at date of purchase, and earned after federal income taxes, an amount at least equal to six per cent of the par value of such obligation in each of the three fiscal years i~r~nediately preceding purchase. No investment shall be made under this para- graph upon which any interes~ obligation is in default or which has been in default within the irmmediately preced- ing five year period. (4) The board of trustees shall not invest more than three per cent of its assets in the cormmon stock or cap- ital stock of any one issuing company, nor shall the ag- gregate investment in any one issuing company exceed three per cent of the outstanding capital stock of that company; nor shall the aggregate of its investments under this sec- tion at cost exceed thirty per cent of the fund's assets. SECTION 3. APPLICATION. Ail other provisions of Chapter 175, Florida Statutes, shall meet all the requirements, and be fully ap- plicable, except for the provisions of this ordinance, to the City of Delray Beach Municipal Firemen's Pension Trust Fund. The in- creased pension benefits in the same percentage of increase as pro- vided for by this ordinance shall apply to all firemen now receiv- ing retirement benefits and all firemen eligible for retirement benefits but not now retired, under the provisions of the City of Delray Beach Municipal Firemen's Pension Trust Fund, Chapter 175, Florida Statutes. PASSED AND ADOPTED in regular session on the second and final reading on the 28th day of June , 1971. ATTEST: City Cler~~' First Reading June 14, 1971. Second Reading June 28, 1971.