07-12-83 JULY 12~ 1983
A regular meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Willard V. Young in the
Council Chambers at City Hall at 7:05 P.M., Tuesday, July 12, 1983.
1. Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Doak S. Campbell
Council Member Arthur Jackel
Council Member Edward L. Perry
Mayor Willard V. Young
Absent - None
Also present were - Acting City Manager Elizabeth Arnau, and
City Attorney Herbert W.A. Thiele.
2. The opening prayer was delivered by Dr. Wallace Mast, Church
of the Palms.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Mr. Bird moved for approval of the minutes of the regular
meeting of June 28, 1983 and the special meeting of July 5, 1983, sec-
onded by Mr. Jackel. Said motion passed unanimously.
4.a. Mayor Young read a proclamation proclaiming the week of July
24, 1983, as "Fight Against Muscular Dystrophy Week".
5.a. Sam Schwimer, Pines of Delray, stated that last week the
Board of Directors of the Pines of Delray Association sent a letter
requesting that Council place on this agenda consideration of an appeal
from the decision of the Planning and Zoning Board disapproving the
present location of a satellite dish on the grounds of the Pines. He
noticed that this matter has not been included and requests that Council
place this on the agenda so that this matter can be resolved.
5.a.2. Kathi Sumrall, 4 N.W. 16th Street, referred to the recent
sale of City property, on which a well was located, and the proceedings
which occured before the sale. With so much activity regarding this
parcel she finds it extremely difficult to understand why Council did
not go out and look at this parcel before selling it.
5.a.3. Percy Greenberg, 1341 N.W. 19th Terrace, referred to an
article which appeared in the newspaper that mentioned the people's
amendment which will be on the November 1984 ballot. He suggested that
Council and everyone concerned get together and begin to educate and
inform the citizens what this amendment really means.
5.a.4. Mr. Bird stated that he has just read a memorandum from Mr.
Carlson regarding the Pines of Delray satellite dish; it seems from the
last paragraph that staff is not prepared nor is the information avail-
able at this time to render a judgment.
Mr. Bird moved to delay this item until the July 26th meet-
ing or such a later date as may be required to get the adequate backup;
if it is not available they will inform the Condominium Association of a
later date, if a later date is required, seconded by Mr. Jackel. Said
motion passed unanimously.
Mayor Young declared a recess the time being 7:22 P.M.
The meeting was reconvened the time being 7:24 P.M.
5.b.1. Mr. Perry stated that a few days ago he received a copy of a
request being sent to department heads, from the IAC, relative to the
wage comparison study requested by Council; they are requesting informa-
tion not only from our departments but also information from Boca Raton
and Boynton Beach. He suggested that when they give a directive or
request to a committee that they not be allowed to make directives to
departments unless Council specifically asks them to.
5.b.2. Mr. Bird stated he would like to take this opportunity to
thank Fred McCoy and the NSA Committee for this weekend and would en-
courage him to continue his efforts and include Council in any other
brotherhood schemes he may have.
5.c. There were no Non-Agenda items by the City Attorney.
5.d. The Acting City Manager stated the City had delivered yester-
day a request to the Health Department that the water moratorium be
lifted and the treatment plant capacity be increased to 20.38 MGD from
15.2 MGD; they should hear from them in about three to four weeks.
6. Mr. Jackel moved for approval of the agenda with item 38 to
be made first item of business on the regular agenda, item 29 to be made
second item of business on the regular agenda and item 36 be deleted
from the agenda, seconded by Mr. Bird. Said motion passed unanimously.
Before roll call Mr. Perry questioned the rational for
moving items 38 and 29 to the beginning of the regular agenda.
Mr. Jackel stated that when theYe are many people in the
audience coming for one item it is usually their procedure to place it
first, rather than hold them up.
Mr. Perry stated that if they continually bring items to the
front of the agenda just because there is a large group of people only
interested in that item they are in effect acquiescing to citizens who
are not interested in their government. He feels it may be good for
people to see what is going on in the City.
At this point the roll was called to the motion.
Mr. Campbell stated that with regard to item 36, Resolution
No. 71-83 re: Priority lists for road widening, which was pulled from
the agenda, he is concerned that since they will be getting into pro-
jects soon he would not like to delay any intent of Council. He would
like to let the County know what their intentions and concerns are and
if the City is going to take it upon themselves to reverse the recom-
mendations of the County and City staff they need to do this as soon as
possible.
Mr. Bird stated that the staff at the County has made a
decision to await additional input from the MPO; if Council takes action
by their next regular meeting the County will have their input in a
timely manner.
Mr. Campbell stated, for the record, that he is ready to go
on this matter and does not need any further input.
PUBLIC HEARING
7. Intent to Sell City Property. Council is to consider a
motion of intent to sell City property, Lots 20 through 24, Block 47 to
Francis McAlonan in the amount of $17,100. A public hearing has been
scheduled to be held at this time.
The City Attorney stated that, in accordance with the Code
of Ordinances, a public hearing has been scheduled to be held at this
time relative to the proposal of the City to sell Lots 20 through 24,
Block 47 to Francis McAlonan in the amount of $17,100.
Mr. Bird moved to express an intent to sell City property in
the amount of $17,100 to Francis McAlonan with proceeds to be placed in
the surplus property fund, seconded by Mr. Jackel. Said motion passed
unanimously.
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8. Ordinance No. 39-83 - Homewood and Atlantic Rezonin9.
Ordinance No. 39-83, repealing Ordinance No. 24-83 relative to rezoning
to RM-6 (Multiple Family Dwelling) District, is before Council
for consideration on Second and FINAL Reading. The property is located
at the southeast corner of Atlantic Avenue and the recently realigned
Homewood Boulevard. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The Acting City Manager presented Ordinance No. 39-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ORDINANCE NO. 24-83 AND ENACT-
ING A NEW ORDINANCE REZONING AND PLACING LAND PRESENTLY
ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN RM-6
(MULTIPLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND
LOCATED IN THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE SOUTH-
EAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY REALIGNED
HOMEWOOD BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1977".
(Copy of Ordinance No. 39-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida.
Betty Jo Spalding, stated that when the 18 lots on Homewood
Boulevard were bought there was a deed restriction that went with them
which is in effect until 2008. The Grimes Foundation managed this
restriction and owned the original property. When Woodlake development
came in across the street the developer wanted to put two-story homes on
Homewood Boulevard. The homeowners fought this, and won, on the basis of
the deed restrictions. When the City decided to realign Homewood Boule-
vard the first plan was to swap the land with the developer, put the
road in and there would be no expense to the City. However, in the
agreement was the provision that Mr. Miller could put commercial prop-
erty on that corner. There was quite a public outcry at that time and
it was decided it would be best to buy the land outright, build the road
and later sell the property. At that point Mr. Miller, who owned Wood-
lake, went to the Grimes Foundation and told Mr. Mahori , who was the
director of the estate at that time, that the residents were not opposed
to commercial property; that was a lie. The deed restrictions were then
lifted because of what the developer said. She has spoken to Mr. Mahori
and he is willing to come before Council and tell them how this came
about. Mrs. Spalding stated that now Council wants to change this piece
of land to RM-6 which would allow approximately 12 families. The home-
owners will not fight it any longer if Council would consider giving
them the following four concessions to the selling of the land; (1) that
all entrance roads and signs advertising this development be at least
100 feet from her mother's driveway, which is the first house on Home-
wood Boulevard, (2) that the developer install a landscaped buffer zone
approximately 50 feet in width between her property line and their
property line, (3) that the parking area, garbage dumpster or any gar-
bage pickup area not be adjacent to her house and (4) that the deed
restrictions pertaining to the roof construction, which is tile, and
single story construction be obeyed.
Following discussion, the City Attorney stated, for Coun-
cil's information, that a valid release of restrictions was executed by
the Grimes Foundation about two years ago and it is recorded in the
public records releasing all of the deed restrictions.
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Mr. Campbell stated his position is that the rezoning and
land use change should go ahead if at all possible. He would be agree-
able to all the conditions stated; however, he does not know if they
would be binding other than the fact that Council and members of the
Planning and Zoning Board would take cognizance that any site plan
approval coming up on that project would be looked at in terms of the
limitations, or preferences, which they might express. There are enough
conditions in the site plan approval process that are intended to pro-
tect adjacent property owners from harmful effects.
Mr. Perry stated if they were to keep this to a single story
building they would have so many restrictions on the land they could not
sell it. There would also have been a problem with back out parking
either onto Homewood Boulevard or Atlantic Avenue. Knowing they could
not have this they looked at the next alternative which was RM-6.
Marie Horenburger, 510 North Swinton Avenue, stated the last
time the Planning and Zoning Board heard this they recommended denial of
the rezoning. At that time it was based on the possibility of the land
remaining some kind of City park. She suggested that the Planning and
Zoning Board could rehear this; they were not aware that the City plan-
ned to sell the property to pay for the realignment when they denied it.
A letter of objection dated June 8, 1983 was received from
Shirley M. Scott as personal representative of H.A. and Alverna Donald-
son, 243 Homewood Boulevard.
The public hearing was closed.
Mr. Perry moved to table this item until such time as they
can look at the points being brought forth by Mrs. Spalding, with the
Planning Director and others who may be able to advise them as to wheth-
er or not they will seriously encumber the property to the point that
they cannot sell it and then possibly look to see if it could be left as
a park area. Motion died for lack of a second.
Mr. Bird stated that they had a first and second reading on
this ordinance once before this year; now it is back because of a tech-
nical difficulty.
Upon question by Mr. Bird, Mrs. Spalding stated that she
would not rely upon the competance and wisdom of the Planning and Zoning
Board to protect her mother's property.
Mr. Campbell moved for the adoption of Ordinance No. 39-83
on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call
Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr.
Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed
with a 4 to I vote.
9. Ordinance No. 40-83 - Changing the City's Land Use Plan
Designation. Ordinance No. 40-83, repealing Ordinance No. 25-83 rel-
ative to changing the City's Land Use Plan Designation in the Comprehen-
sive Plan for a parcel of land located at the southeast corner of Atlan-
tic Avenue and the recently realigned Homewood Boulevard from SF (Single
Family) to MF (Multiple Family), is before Council for consideration on
Second and FINAL Reading. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been sched-
uled to be held at this time.
The Acting City Manager presented Ordinance No. 40-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ORDINANCE NO. 25-83 AND ENACT-
ING A NEW ORDINANCE CHANGING THE CITY'S LAND USE PLAN
DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF
LAND LOCATED IN THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION
18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE
SOUTHEAST CORNER OF ATLANTIC AVENUE AND THE RECENTLY
REALIGNED HOMEWOOD BOULEVARD FROM SF (SINGLE FAMILY) TO
MF-6 (MULTIPLE FAMILY ); AMENDING THE LAND USE PLAN;
PROVIDING AN EFFECTIVE DATE.
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(Copy of Ordinance No. 40-83 is on file in the official
Ordinance Book )
The City Attorney read the caption of the ordinance. 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, Florida.
Betty Jo Spalding, stated that the Land Use Plan says that
west of Military Trail was to be nothing but single family homes; now
there are restaurants and shopping centers. She questioned why they
have a Land Use Plan when almost every Council meeting involves approv-
ing a change.
Kathi Sumrall, member of the Planning and Zoning Board,
questioned why Council has this board when every time the Board has a
unanimous decision about something Council overturns it.
The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 40-83 on
Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1
vote.
10. Ordinance No. 42-83 - Hamilton Annexation. Ordinance No.
42-83, relative to annexing a 0.326-acre parcel of land, subject to
R-1AA (Single Family Dwelling) District, located west of N.W. 4th Avenue
between 'N.W. llth Street and N.W. 9th Street, is before Council for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 42-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
5, BLOCK 4, OF AMENDED PLAT OF LAKE IDA GARDENS, ACCORD-
ING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 23, PAGE 192, WHICH LAND IS CON-
TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE-
FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 42-83 is on file in the official
Ordinance Book )
The City Attorney read the caption of the ordinance. 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, Florida. The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 42-83 on
Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
11. Ordinance No. 43-83 - Castilyn Annexation. Ordinance No.
43-83, relative to annexing a 0.25-acre parcel of land, subject to R-IA
(Single Family Dwelling) District, located west of Germantown Road,
between Royal Palm Drive and S.W. 10th Street, is before Council for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
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The Acting City Manager presented Ordinance No. 43-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF.
(Copy of Ordinance No. 43-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida. The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 43-83 on
Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
12. Ordinance No. 44-83 - Amending Code - Landscaping. Ordi-
nance No. 44-83, amending Chapter 9 "Buildings and Construction" of the
Code of Ordinances relative to accessways, is before Council for con-
sideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 44-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON-
STRUCTION'', ARTICLE X, "LANDSCAPING", BY REPEALING SEC-
TION 9-374(f), RELATIVE TO ACCESSWAYS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 44-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida. The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 44-83 on
Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
13. Ordinance No. 45-83 - Containers And/Or Service Required.
Ordinance No. 45-83, amending Chapter 12, "Garbage and Trash" of the
Code of Ordinances relative to containers and/or service required, is
before Council for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 45-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA , ,AMENDING CHAPTER 12, "GARBAGE AND TRASH",
ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 12-4,
"CONTAINERS REQUIRED", AND ENACTING A NEW SECTION 12-4,
"CONTAINERS AND/OR SERVICE REQUIRED", TO PROVIDE FOR THE
GENERAL REQUIREMENTS FOR RESIDENTIAL AND COMMERCIAL SITES
AND MAINTENANCE OF CONTAINERS; TO PROVIDE FOR THE PRO-
CEDURES AND REQUIREMENTS FOR THOSE AREAS OF THE CITY AND
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CUSTOMERS RECEIVING TYPE A, ROLL-OUT CART SERVICE, TYPE
B, REAR-DOOR/ SIDE-DOOR SERVICE, TYPE C , CURBSIDE -
GARBAGE AND HOUSEHOLD TRASH IN DISPOSABLE CONTAINERS
SERVICE, TYPE D, CURBSIDE IN OWNER'S CONTAINER SERVICE,
AND TYPE E, MECHANICAL CONTAINERS AND COMMERCIAL REFUSE
CONTAINER SERVICE; PROVIDING FOR REQUIREMENTS FOR DIS-
POSAL OF LARGE ITEMS OR PILES OF GARDEN AND YARD TRASH;
PROVIDING RESTRICTIONS ON COLLECTION OF INDUSTRIAL AND
HAZARDOUS WASTES; PROVIDING FOR USE OF OTHER TYPE UNITS
OR CONTAINERS; PROVIDING FOR REQUIREMENTS FOR CONSTRUC-
TION AND DEMOLITION SITES AND FOR SUBSTANCES WHICH AFFIX
THEMSELVES TO ROAD SURFACES; PROVIDING FOR REQUIREMENTS
FOR LOADING AND UNLOADING AREAS; PROVIDING FOR REQUIRE-
MENTS FOR ALL COMMERCIAL AND PUBLIC PARKING LOTS HAVING
MORE THAN 100 SPACES; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
(Copy of Ordinance No. 45-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida.
Alice Finst, 707 Place Tavant, representing the Homeowners
League of Chatelaine, questioned when households will be serviced if a
holiday falls on one of their pickup days.
Mayor Young stated they will discuss this with Waste Manage-
ment and get the necessary information.
Mrs. Finst stated that in areas which receive rear-door/
side-door pickup the garbage cans are left in a space away from the
street. However, if you put your trash in a can which has to be placed
at the curb, they are left there. She questioned if it would be pos-
sible, for those areas that are paying for side-yard pickup, to have the
garbage man carry the trash can back to where the rest of the containers
are stored.
Mr. Campbell stated that perhaps they could place their
trash in a bag which did not need a container. He feels that if they
want the protection of their home and do not want to put a can by the
curb they should buy bags and do it that way.
The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 45-83 on
Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
14. Ordinance No. 46-83 - TyDes of Garbage and Trash Collection
Services. Ordinance No. 46-83, amending Chapter 12, "Garbage and
Trash" of the Code of Ordinances relative to types of garbage and trash
collection and adopting the service map, is before Council for considera-
tion on Second and FINAL Reading. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 46-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH",
ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION
12-8.1, "LOCATION AND DESCRIPTION OF SERVICE TYPES", TO
ESTABLISH THE LOCATIONS AND REQUIREMENTS FOR THE USE OF
THE TYPES OF GARBAGE AND TRASH COLLECTION SERVICE THROUGH-
OUT THE CITY OF DELRAY BEACH; PROVIDING a SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
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(Copy of Ordinance No. 46-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida. The public hearing was closed.
Mr. Perry moved for the adoption of Ordinance No. 46-83 on
Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun-
cil voted as follows: Mr. Bird -Yes; Mr. Campbell -Yes; Mr. Jackel -
Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to
0 vote.
15. Ordinance No. 47-83 - Rates for Garbage and Trash Service.
Ordinance No. 47-83, amending Chapter 12, "Garbage and Trash", of the
Code of Ordinances relative to setting new rates for garbage and trash
collection for all five types of services, is before Council for con-
sideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 47-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH",
ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION
12-15, "REGULAR CHARGES LEVIED" , AND ENACTING A NEW
SECTION 12-15, "REGULAR CHARGES LEVIED", TO ESTABLISH THE
SERVICE CHARGES FOR GARBAGE AND TRASH SERVICE FOR ALL
TYPES OF SERVICE WITHIN THE CITY OF DELRAY BEACH WHETHER
RENDERED BY THE CITY OR ITS CONTRACTOR; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 47-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida. The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 47-83 on
Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
Before roll call Mr. Perry questioned whether these rates
take into effect the recent reduction in tipping fees which were given
about two weeks ago.
Mr. Waters stated that the tipping fee has not been changed
yet. It will probably change in about ten days and at that time there
is a mechanic in the contract for a reduction.
At this point the roll was called to the motion.
16. Ordinance No. 48-83 - Mechanical Containers. Ordinance No.
48-83, amending Chapter 12, "Garbage and Trash" of the Code of Ordi-
nances relative to mechanical containers, is before Council for con-
sideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
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The Acting City Manager presented Ordinance No. 48-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH",
ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA , BY AMENDING SECTION
12-8 (i) , "MECHANICAL CONTAINERS", TO PROVIDE FOR PRO-
HIBITIONS FOR BLOCKING ACCESS TO MECHANICAL CONTAINERS,
AND FOR PROHIBITIONS ON USE OF OR DEPOSITING OF GARBAGE
AND TRASH INTO MECHANICAL CONTAINERS EXCEPT THOSE AS-
SIGNED TO OR PAID FOR BY SAID USERS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 48-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida. The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 48-83 on
Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
17. Ordinance No. 49-83 - Method of Billing. Ordinance No.
49-83, amending Chapter 12, "Garbage and Trash" of the Code of Ordi-
nances relative to method of billing for charges, is before Council for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The Acting City Manager presented Ordinance No. 49-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH",
ARTICLE I , "IN GENERAL" , BY AMENDING SECTION 12-16,
"METHOD OF BILLING FOR CHARGES ", TO PROVIDE THAT THE
CITY'S CONTRACTOR(S) SHALL BILL THE CUSTOMERS RECEIVING
TYPE E, MECHANICAL CONTAINERS AND COMMERCIAL REFUSE
CONTAINER SERVICE, AS SET FORTH IN SECTION 12-15, THE
MONTHLY SERVICE CHARGES FOR SUCH SERVICE, BUT THAT ANY
DELINQUENT BILLS SHALL BE COLLECTED BY THE CITY PURSUANT
TO THE PROVISIONS SET FORTH IN THIS CHAPTER; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 49-83 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. 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, Florida.
Stanley Katz, 1421 S.W. 27th Avenue, stated that although
the billing will be paid directly to Waste Management do they have the
right to change the rate which the City has set up in the contract. Mr.
Bird replied that the rates will be established by Council.
The public hearing was closed.
Mr. Jackel moved for the adoption of Ordinance No. 49-83 on
Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0
vote.
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CONSENT AGENDA
The following items are to be considered by Council as the
Consent Agenda:
18. Roots Cultural Festival Support. Council is to consider
authorizing expenditure up to $500 for the Roots Cultural Festival with
funds to come from the contingency account.
19. Extension of Site and Development Plan Approval - Waterway
North II. Council is to consider a request for a one year extension of
site and development plan approval to July 26, 1984 for Waterway North
II, located at the northeast corner of the Intracoastal Waterway and
N.E. 8th Street. This was approved 6-0 by the Planning and Zoning
Board.
20. Final Plat Approval - Pelican-Harbor North - Phase I.
Council is to consider a request for final plat approval for Pelican
Harbor North - Phase I, located north of Tropic Isle Drive between
Spanish Trail and South Federal Highway. This was approved 7-0 by the
Planning and Zoning Board.
21. Retention of Co-Counsel for Zonin~ Matters. Council is to
consider authorizing retention of the firm of Johnston, Sasser, Randolph
and Weaver as Co-Counsel relative to zoning matters with funding to come
from the City Attorney's budget. Approval is recommended.
22. Sanitary Sewers and Water Utilities Acceptance. Resolution
No. 69-83, accepting sanitary sewers and water utilities as operational
as recorded in the plat of Domaine Delray, is before Council for con-
sideration.
The caption of Resolution No. 69-83 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN DOMAINE DELRAY, AS RECORDED
IN PLAT BOOK 44, PAGES 108 AND 109 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING
THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED
CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES
FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU-
TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER-
FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY
THE DEVELOPER FOR ONE YEAR.
(Copy of Resolution No. 69-83 is on file in the official
Resolution Book)
Mr. Bird moved for approval of the Consent Agenda, seconded
by Mr. Perry. Said motion passed unanimously.
REGULAR AGENDA
38. Ordinance No. 51-83 - Zoning Ordinance Amendment - Modi-
fication of Approved Site and Development Plan. Ordinance No. 51-83,
amending Chapter 30 "Zoning" of the Code of Ordinances that any decision
of the Planning and Zoning Board shall be appealable to the City Coun-
cil, is before Council for consideration on First Reading. If passed,
Public Hearing will be held on July 26th.
The Acting City Manager presented Ordinance No. 51-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING ORDINANCE",
SECTION 30-22, "SITE AND DEVELOPMENT PLAN", SUBSECTION
(F), "MODIFICATION OF AN APPROVED SITE AND DEVELOPMENT
PLAN" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA; BY CLARIFYING THAT ANY DECISION OF THE
PLANNING AND ZONING BOARD SHALL BE APPEALABLE TO THE CITY
COUNCIL BY THE APPLICANT AFFECTED; BY DELETING THAT THE
DECISION OF THE PLANNING AND ZONING BOARD AS TO WHETHER A
MODIFICATION IS MINOR OR MAJOR IS FINAL; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
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The City Attorney read the caption of the ordinance.
Mr. Bird moved for the adoption of Ordinance No. 51-83 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
29. Barwick Park Grant Application. Council is to consider an
offer of $75,509 from the Department of Natural Resources for the devel-
opment of Barwick Park.
Mr. Jackel suggested that they allow the public to speak
first and then Council can discuss this.
Leonard Syrop, 1322-A High Point Place, stated that he is
not against this park; what he is against is the method of developing
and financing it. He feels the City is binding and saddling themselves
for 25 years to all the conditions in the fine print of the grant;
especially Section 16D Paragraph 5.23(12). He urged Council to read
this carefully. Statistics show that this section of the City is not a
deprived recreational area as the grant application states. He feels
the need for a park, at this time, in the location proposed, has not
been conclusively demonstrated. He proposed that the City develop this
park land as they find the need for additional facilities; develop it,
but let its progress be in accord with the need for it and the City's
ability to finance it using their own priorities.
Saul Horn, 801 N.W. 26th Avenue, stated, as indicated, they
are talking about a park for a minimal youth population and with that in
mind it is self-evident that a facility and multi-purpose field would
fill that need. As to the funding of such a facility, he feels the City
would demonstrate sound judgment by refusing the State's offer; the
rational being that for its $75,000 the State, as a silent partner, will
be setting policy as to the target dates and how the park is to be
developed. He requested that Council do not accept State funding, but
do build a facility in proportion to the needs of that area.
Alice Finst, 707 Place Tavant, stated that on Thursday, July
7th, a meeting was held at her home, sponsored by the Homeowners' League
of Chatelaine, to discuss the future of the land known as Barwick Park.
The members attending were unanimous in their agreement that the Barwick
plan should be preserved, in its entirety, as a much needed green space
in their community. They felt the land use should be limited to day
light hours and the City be encouraged to claim the grant being offered
by the State; this is a now or never opportunity for park land develop-
ment.
Bob Miller, 17 N.W. 18th Street, stated that the group
attending that meeting agreed that the park should have three phases.
Phase I would address fencing, parking (limited), heart trail, open
field area, irrigation, picnic area and park benches; Phase II would
include the restrooms which they feel is important as the park further
develops and Phase III would include a multi-purpose court. The figure
of $75,509 has been addressed carefully by the Director of Park Planning
for Palm Beach County, and he has volunteered his services to work in
the planning and development of this park.
Dan Winters, Director of Parks and Recreation, stated that
the grant they have been offered is $75,509; the State has also asked
him to reapply in August for another $73,000. They have an excellant
possibility of getting a grant on top of a grant which would give the
project approximately $150,000.
Debbie London, 3311 Avenue Serrant, stated that whether they
accept the grant or not she would like to see the development of the
park and would offer her services as a volunteer to work on a task force
towards this project.
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Terry Sullivan, 1700 Dover Road, stated that money is cer-
tainly a problem, which they all need to address, but as far as the
maintenance he cannot see that being a particular problem. He is sure
that someone employed by the City could be pulled off a job to help at
the facility if indeed the City decides to go ahead and develop it.
Mr. Jackel stated that he has taken a great deal of time
studying this situation. In communicating with the people in that area
he found that they will accept a passive park with sufficient recrea-
tional facilities to meet the needs of the children in that area. When
the application was made by the City Administration it was for $200,000
on the basis that the land value was $410,000; an appraisal was then
requested and the value of the land was determined to be $240,000. As a
result the grant was reduced from $200,000to $120,000 by the Department
of Natural Resources. The grant was then further reduced to $75,000 by
the Florida Cabinet. He feels that Delray Beach is fully capable of
managing their own affairs which would not be so if they accepted this
grant. If they accept the grant, the City will have to maintain and
operate the park for 25 years using their own money. He questioned
whether the City should take the $75,000 and lose control of the park or
have a City park where they have full control; he believes in City
control. He intends to vote against accepting the State funds; how-
ever, he would vote for the park if it were going to be a City park. As
a business man he rejects this as a poor business deal.
Mr. Bird stated his understanding had lead him to conclude,
based on what he was told by Tallahassee, that their obligation is to
spend such funds, as they receive from the State, on that park; they are
not obligated to build the park they submitted.
Upon question by Mr. Bird, the City Attorney stated that the
only person he has talked to was Mr. Froekme, from DNR, whose basic
outlook was that, if the City wants the money, they should let them know
and then they would negotiate the project agreement terms.
Mr. Bird suggested that they accept the funds subject to
execution of the City's agreement; send it to Tallahassee saying that
this amount of money is all they intend or will be bound to spend. If
DNR does not accept this and insists that the City has to spend more
money than is given, they will not accept the grant. Mr. Bird stated
that he would like to acknowledge the efforts of Bob Miller, Ken Ellings-
worth and Alice Finst who spent a lot of time and effort in making this
park possible.
Mr. Jackel stated that there in nothing in the grant that
suggests what Mr. Bird has said. He does not question what he is saying
but it was done verbally and he can only believe what he sees in writ-
ing.
Mr. Campbell left the Council Chambers at this time.
Mr. Bird moved that they accept the grant offer in language
which would preclude any misunderstanding on the part of DNR that we
intended to exceed the amount of the offer in the development of the
park; that we would do as and such items as were initially depicted in
the grant application as that money would allow for, making it abun-
dantly clear to them that those are the terms under which the City will
accept the grant. If DNR chooses not to accept this then the City will
not accept the grant, nor will they be obligated to the $163,000, sec-
onded by Mr. Jackel. Upon roll call Council voted as follows: Mr.
Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor
Young - Yes. Said motion passed with a 4 to 1 vote.
Before roll call, upon question by Mr. Jackel, the City
Attorney stated that the project agreement is something they would have
to work out the specifics; it is a condition which he would have to put
into the agreement.
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Upon question by Mr. Perry, Mr. Winters stated that even
though the City gave DNR a plan for $200,000 they are not locked into
that plan. He asked them for this is writing and also asked how much
money the City has to spend above the $75,000; their answer was nothing.
Mr. Campbell returned to the Council Chambers at this time.
At this point the roll was called to the motion.
Mr. Miller stated he would like to applaud Council for its
foresight; there is nothing to lose on the issue as the motion is pro-
posed. He requested that Council address designating or instructing some
movement on the plan, assuming they get the approval.
Mayor Young replied that Mr. Miller's request will be placed
on next week's workshop agenda.
Mayor Young declared a recess the time being 9:30 P.M.
The meeting was reconvened the time being 9:33 P.M.
23. Appointments - Downtown Development Authority. Council is
to consider appointing two members to the DDA to three-year terms expir-
ing July 1, 1986.
Mr. Bird moved to reappoint Mr. Lonnie E. Cook, Jr. and Dr.
Carl Carter to three-year terms expiring July 1, 1986, seconded by Mr.
Jackel. Said motion passed unanimously.
24. Interlocal A~reement Between the City and Palm Beach County
Two Cent County Gasoline Tax. Council is to consider authorizing
execution of an Interlocal Agreement relative to Two Cent County Gas-
oline Tax in Palm Beach County. This item was postponed at the June
28th meeting until after the Metropolitan Planning Organization meeting
on July 7th.
Mr. Bird moved to authorize execution of the agreement,
seconded by Mr. Perry. Said motion passed unanimously.
25. EMS Service to Gulfstream. Council is to consider approv-
ing and authorizing execution of an agreement between the City and the
Town of Gulfstream relative to providing Emergency Medical Services.
Approval is recommended.
Mr. Perry moved to authorize execution of an EMS Service
agreement with Gulfstream, seconded by Mr. Bird. Said motion passed
unanimously.
Before roll call Mr. Jackel stated that this is a 10 year
agreement with $175 charged per trip. He questioned if anyone is con-
cerned about rising costs; perhaps they should reconsider the cost
factor every two years. Mr. Jackel also questioned the previous trips
made to Gulfstream while they were trying to get an agreement with them;
should the City bill them for those recorded trips.
The City Attorney replied that, in answer to Mr. Jackel's
first question, there is no provision in the proposed agreement for an
escalator clause. That is not to say it could not be renegotiated;
between the parties there is also a termination clause which allows them
to terminate with or without cause at any time. As to the other ques-
tion, that is still being discussed and no resolution of the prior
service payments has been made at this time.
Mr. Bird stated, since it would seem they are protected
through the termination clause, he would suggest they execute the agree-
ment. If a decision is reached later to add language to the contract
specifying what the escalation of costs shall be and Gulfstream does not
agree, the contract would adequately arbitrate it by giving either side
an opportunity to withdraw.
At this point the roll was called to the motion.
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26. Amendment No. i to the Refuse Contract. Council is to
consider approving and authorizing execution of Amendment No. I to the
Refuse Contract between the City and Waste Management changing service
for Woodlake and Spanish Wells Subdivisions to rear door/side door
service. Approval is recommended.
Mr. Perry moved to approve and authorize execution of Amend-
ment No. 1, seconded by Mr. Bird. Said motion passed unanimously.
27. Amendment No. 2 to the Refuse Contract. Council is to
consider approving and authorizing execution of Amendment No. 2 to the
Refuse Contract between the City and Waste Management permitting Waste
Management to bill customers directly for Type E mechanical container
service. Approval is recommended.
Mr. Bird moved to approve and authorize execution of Amend-
ment No. 2, seconded by Mr. Perry. Said motion passed unanimously.
28. Lease of Public Works Complex. Council is to consider
approving and authorizing execution of lease between the City and Waste
Management for a portion of the Public Works Complex.
Mr. Perry moved to authorize execution of the lease, sec-
onded by Mr. Jackel. Said motion passed unanimously.
30. Invoice for Architectural Services - City Hall. Council is
to consider a request from Kenneth Rubsamen for additional architectural
services in the amount of $1,900 for changes where certain offices were
modified, with funds to come from the City Hall Construction Account.
Approval is recommended.
Mr. Jackel moved to approve the invoice in the amount of
$1,900, with funds to come from the City Hall Construction Account,
seconded by Mr. Perry. Said motion passed unanimously.
31. Follow-up Study of Beach Maintenance Renourishment Project.
Council is to consider authorizing a 60-month follow-up study of the
1978 beach renourishment project by Arthur V. Strock & Associates, Inc.,
in the amount of $23,400, with funds to come from the Erosion Control
Fund. 75% of the cost will be reimbursed by the Department of Natural
Resources. This is a regular annual study required by our State permit.
Approval is recommended.
Mr. Perry moved to authorize the follow-up study, seconded
by Mr. Jackel. Said motion passed unanimously.
Before roll call the City Attorney advised that the motion
should include the language "subject to resolution of the agreement
language".
Mr. Perry amended his motion as advised by the City Attor-
ney, Mr. Jackel amended his second.
At this point the roll was called to the motion.
32. Proposed Boat Dock Extension - Michael Baldassare. Council
is to consider authorizing modification in Section 9-531(b) of the Code
of Ordinances to extend the boat dock an additional 12 feet at 245 Palm
Trail. Approval is recommended.
Mr. Perry moved to authorize modification in Section
9-531(D) of the Code of Ordinances, seconded by Mr. Jackel. Said motion
passed unanimously.
33. Fence Repairs and New Fence Work. Council is to consider
award of a contract for fence repairs to the low bidder, Southern Fence
Company, with funds to come from the 1983-84 operating budgets of var-
ious departments. City-wide costs for repairs and new fence work
amounted to approximately $30,000 last year. Approval is recommended.
- 14 - 7/12/83
Mr. Bird moved to award the contract to Southern Fence
Company, seconded by Mr. Perry. Said motion passed unanimously.
Before roll call, Mr. Bird explained that this contract is
to do any fence or fence repairs required City-wide throughout the next
budget year.
At this point the roll was called to the motion.
34. Housekeeping Funds - Neighborhood Strategy Area. Council
is to consider NSA's request for housekeeping funds (annual amount and
specific line items). Approval is recommended.
Mr. Perry stated he requested this item be placed on the
agenda because they talked about the needs of the NSA but never au-
thorized funds for any specific areas.
Mr. Bird stated that it was his intention, when he requested
this item to be on the agenda a few weeks ago, that Mr. McCoy should
receive housekeeping and secretarial assistance. At that time he sug-
gested that the NSA be placed under the City Clerk's Office for budget-
ing purposes; this covers stationery, postage and secretarial assist-
ance. If there is a project which is outside of that normal clerical
function then Mr. McCoy would have to make a specific request to Council
and ask for monies out of contingency funds.
Mr. Perry requested that this item, regarding housekeeping
funds, be withdrawn.
35. Reduction of Retainage - Force Main 50. Council is to
consider authorizing reducing retainage from 5% ($33,786.90) to 1% which
retains $6,757.38. This will authorize payment in the amount of
$27,029.52 to H & H Engineering, Inc. Approval is recommended.
Mr. Bird moved to authorize reduction of retainage and
payment of $27,029.52 to H & H Engineering, Inc. Upon roll call Council
voted as follows: Mr. Bird - Yes; Mr. Campbell - No; Mr. Jackel - Yes;
Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1
vote.
Before roll call the following discussion was had:
Mr. Campbell stated he feels the retainage is there for a
specific purpose; to correct any problems which may come about in a
contract. He believes it should be as high as possible until the con-
tract is complete, particularly with a contract of this size.
Mr. Pontek, Public Utilities Director, stated that the
contractor is at 99% completion; at this point in time he has asked for
reduction to .0015% which would reserve a $500 retainage which he deems
to be inadequately low. They have substantially less than $6,000 of
work yet to complete; however, a 1% contingency seems to be consistent
with what they have been doing.
At this point the roll was called to the motion.
37. Ordinance No. 50-83 - Establishing Special Activities Dis-
trict - Professional Office Plaza for Acquilano. Ordinance No. 50-83,
amending Ordinance No. 15-81 relative to establishing SAD (Special
Activities District) for property located on the west side of U.S. No. 1
between Linton Boulevard and S.E. 10th Street, is before Council for
consideration on First Reading. This was approved 5-0 by the Planning
and Zoning Board. If passed, Public Hearing will be held on July 26th
- 15 - 7/12/83
The Acting City Manager presented Ordinance No. 50-83:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION l(a) OF ORDINANCE NO.
15-81, WHICH AMENDED ORDINANCE NO. 6-81 RELATIVE TO
ESTABLISHING SAD (SPECIAL ACTIVITIES DISTRICT) FOR PROP-
ERTY LOCATED ON THE WEST SIDE OF U.S. ~1, BETWEEN LINTON
BOULEVARD AND S.E. 10TH STREET IN SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST, TO PROVIDE FOR ADDITIONAL CONDI-
TIONAL USES IN SUCH SAD; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Bird moved for the adoption of Ordinance No. 50-83 on
First Reading, seconded by Mr. Jackel. Upon roll call Council voted as
follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr.
Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote.
39. Presentation of Budget for Fiscal Year 1983-84 - Dave Hud-
dleston.
Mr. Huddleston presented Council with the 1983-84 budget.
He stated that there is no budget message with this; the philosophy of
the City Manager is normally conveyed to Council in a budget message.
This year they did not have a message prepared by the City Manager.
Neither himself nor the City Clerk felt it would be appropriate to bring
in their comments on someone else's philosophy. He has, however, pre-
pared a memo highlighting assumptions and format which was used in the
compilation of the figures. Basically, the highlights describe how the
Manager's recommended figures were arrived at, the format of the budget
documents themselves, the millage rate and how that was arrived at, the
personnel user fees and the projected budget. Mr. Huddleston advised
that August 8th will be the first date for a budget workshop.
Mayor Young declared the meeting adjourned at 10:03 P.M.
Acting City Clerk
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of
Delray Beach and that the information provided herein is the minutes of
the meeting of said City Council of July 12, 1983, which minutes were
formally approved and adopted by the City Council on ~ ~//~ .
Actihg City Clerk
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
Council. 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.
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