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08-04-87SpMtg AUGUST 4, 1987 A Special Meeting of the~City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, August 4, 1987. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Mayor Doak S. Campbell Absent - Commissioner Jimmy Weatherspoon Also present were - Assistant City Manager Robert Barcinski and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Considering request or final plat approval for the Second Amended Plat of Rainberry Estates, a proposed two lot subdivision, being a replat of Lots 67, 68 and 69 of the Amended Plat of Rainberry Estates, located at the southwest corner of Davis Road and Riviera Drive; (2) Considering request for final plat approval for Rainberry Bay Section Nine-A, being a replat of Lot 19 of Rainberry Bay Section Nine, to allow for the extension of N.W. 23rd Lane into Rainberry Estates. The property is located within the Rainberry Bay development at the northernmost corner of the site; (3) Considering acceptance of an easement deed granting replacement easements for utility purposes, subject to the abandonment of streets and cul-de-sacs within the Rainberry Estates subdivision; (4) Considering Resolution No. 27-87 abandoning all public streets and cul-de-sacs within the Rainberry Estates subdivision. The property is located on the west side of Davis Road, between N.W. 15th Street and Lone Pine Road; (5) Considering award of contract, for installation of Gravity Sanitary Sewer along Lake Drive, to the low bidder, Whitaker Plumbing, Inc., in the amount of $15,890, with funds to come from the 1986/87 budget. 1,2,3 & 4. Mayor Campbell advised that items 1, 2, 3 and 4 all relate to Rainberry Bay. They have had a request by the attorney for several homeowners to postpone a vote on the matter; he is presently in a trial and has not had a chance to come before the Commission. Mrs. McCarty moved to postpone a formal vote on the four items pertaining to Rainberry Bay until next Tuesday. Motion FAILED for lack of a second. Mrs. Horenburger stated she had made a commitment some time back to a number of people on both sides of this issue that she would not continue to postpone this indefinitely. Mr. Dougherty suggested that the residents of Rainberry Bay have a referendum and decide what they want; he did not believe it was a problem the Commission should be deciding. When the residents make a decision then let them come back, and if it is in accordance with all the code requirements, the Commission would act on it. Mrs. McCarty advised that she agrees with Mr. Dougherty in that it is not something the Commission should be taking up; however, she wanted the residents to have the opportunity of having the attorney present their case. Sol Horne, 801 N.W. 26th Avenue, stated that Rainberry Bay has achieved an outstanding reputation as an adult community. It is this reputation that enhances the potential of developing Rainberry Estates. Three years after rezoning it has made no progress and bringing it in under Rainberry Bay is perhaps the only viable course of action. It follows that unless 23rd Lane is opened they will all be losers. Mr. Horne advised the elected homeowners on the Board of Directors unanimously support the request for a permit and urged the Commission to do likewise. Phil Edelson, speaking for those who oppose the opening of 23rd Lane, asked that the Commission allow their attorney to bring forth information in this matter, thus enabling them to make a better judg- ment. Ben Denenburg, a member of the Board of Directors of Rainberry Bay, stated he could assure that any of the decisions they have made over the past two and a half years have never been done arbitrarily or capriciously, but based on what they felt was in the best interest of the community at large. They support the developer's petition to have the street open; what better way to eliminate the problems of that undeveloped property, i.e., dune buggys, motorcycles and the dumping of trash than to have the developer purchase the property to expand the community within the legal limits of their condominium documents. Cynthia Solov, 3100 N.W. 10th Street, presented a petition containing over 200 signatures of residents of Rainberry Bay in support of the opening of 23rd Lane. Roslyn Sohmer, who resides on N.W. 14th Street at the corner of 23rd Lane, stated when they purchased their property in 1984 they were told it was a deadend street; if they open 23rd Lane there will be a lot more traffic. At last week's Commission meeting she gave the Commis- sioners a flyer; on there she had said they were told the hearing would be on August llth, not today. Mrs. Sohmer stated they have engaged an attorney and he has not had a chance to go over everything. She urged that the Commission at least give them a fighting chance. Abe Brant, N.W. 15th Street, stated he is directly affected by the opening of 23rd Lane. Upon question by Mr. Dougherty as to the Board of Directors' ability to render decisions, Mr. Brant advised that there was an emergency meeting called with regard to the question of opening 23rd Lane. There were arguments for and against the opening and after much discussion he rose and asked for a vote; this was refused by the Board. The next day there was an announcement on their television information channel that the Board had voted unanimously not to oppose the opening of 23rd Lane. Mr. Dougherty moved to consider the request for final plat approval for the Second Amended Plat of Rainberry Estates as proposed. The motion FAILED for lack of a second. Mrs. McCarty moved to postpone the four issues until next week. Mayor Campbell passed the gavel to Vice-Mayor Horenburger and seconded the motion. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty stated he is convinced that if they have a legitimate Board of Directors and the developer has not really inter- fered adversely with the fact that he has a two thirds majority, so to speak, but has not exercised, he would prefer to consider this and get it over with. Mrs. Horenburger advised she did say that she would not agree to postpone this, although in all fairness she felt they should hear from the attorney. Her position is at this point if she votes No then they could possibly have a 2-2 vote, and this could keep going all evening. At this point the roll was called to the motion. Mayor Campbell declared a recess the time being 7:40 P.M. The meeting was reconvened at 7:46 P.M. 5. Mrs. Horenburger moved to award the contract to the low bidder, Whitaker Plumbing, Inc., in the amount of $15,890 and decide how the -2- 8/4/87 project is to be paid next week, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated that in the information furnished the Commission there was no indication relative to an assessment roll being prepared allocating the cost for the improvement to these properties. Everyone else who has sewers has paid their fair share. He made refer- ence to several lots in the beach area; there was a consensus of the Commission at that time to charge so much per linear foot and then the excess would be picked up by the City. In this instance there isn't any extraordinary cost involved (a little over 1000 feet) so that everyone should be assessed on the contract price. Upon question by Mrs. Horenburger, the Assistant City Manager advised that the Commission had never formally approved a formula for the charge; it was approved for that one instance but not as an overall policy. The Assistant City Manager stated the approximate cost, if you take the contract price and divide by the front footage, would be a little under $15 a linear foot. The average lot size is about 130 feet. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 7:54 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of August 4, 1987, which minutes were formally approved and adopted by the City Commission on~~ ~/F~Y · NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -3- 8/4/87