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05-19-81SpMtg 4§5 MAY 19, 1981 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, May 19, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. Mayor Weekes called the meeting to order and announced that this meeting has been called for the purpose of (1) considering Second and FINAL Reading of Ordinance No. 34-81 and (2) considering City's participation in new facility to be constructed at West Palm Beach for solid waste disposal. 1. The City Manager reported that prior to consideration of passage of Ordinance No. 34-81 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS", TO ADD AND DEFINE THE TE~4 "RESORT DWELLING UNIT"; AND PROVIDING A MORA- TORIUM ON SUCH RESORT DWELLING UNITS SO THAT NO CONSTRUC- TION OF NOR CHANGES TO NOR CONVERSION TO SUCH USE SHALL BE PERMITTED ANYWHERE IN THE CITY OF DELRAY BEACH, FLORIDA, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ENACTMENT; PROVIDING FOR CODIFICATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager 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. Mayor Weekes reported that he has a letter from Attorney John W. Spinner for the firm of Gringle, Spinner and Dittman on behalf of Dover House Apartments, 110 S. Ocean Blvd., Delray Beach. Mr. Spinner has requested that it be made a part of the record. (See attachment). The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 34-81 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 2. Mr. Bird reported that at this time they have two of the four cities which have indicated an interest in participation on a contract basis with the solid waste authority for waste disposal at a site in the City of West Palm Beach with the resource recovery plant to be built there. He encourages Council to adopt this agreement which will permit a feasibility study and preliminary work necessary to float a bond issue to see a recovery system put in Palm Beach County and a sufficient land fill to take care of our needs and others for a period in the neighborhood of 40 years. The City Manager noted that Palm Beach County is conspicuous by its absence from the list of places that are sharing the cost of the study. Mr. Bird stated that there is a site selection problem; there are several potential sites. The site selection will be a subject for discussion tomorrow. There is a sufficient trash flow and a suffi- cient user base for the four cities who have agreed to do this. Upon question by Mr. Scheifley, Mr. Bird replied that Lake Worth has its own utilities. There was a proposal about a year ago that they would do the disposal, generate the energy and use it within their own system. The system they were proposing, however, does not have approved technology; nobody has yet tested it. They would like us to contribute to their testing of that technology. The feeling is that there are other technologies which have been proven and are more suit- able to our immediate need. Mr. Bird moved to adopt the agreement which has previously been signed by the Cities of Boca Raton and West Palm Beach, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 7:10 P.M.  City Clerk 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 Council of May 19, 1981, which minutes were for- mally approved and adopted by the City Council on ~ ~. fF~/ . - ~ 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. - 2 - 05/19/81 GRINGLE, $~INNER ~ DITTMAN PAUL E. C~.JNC, LE A'I-FOR. NE¥$ AT I..A'~/ JOHN ~ 5pII~I'NEI~ ,~01 EAST ATLANTIC AVENUE 27B-4133-34 R. OBERT ~'x. DFI'T~AN DELRAY BEACH, FLORIDA 33,~-44 M^~-r~ac p Mrc~c ~c May [9, [98~ ~ o. sox Roger G. Saberson, Esquire Attorney for the City of Delray Beach 110 E. Atlantic Avenue Delray Beach, Florida 33444 In re: Dover House Apartments 110 South Ocean Boulevard Delray Beach, Florida Dear Mr. Saberson: This is to advise you that my client, Earl D. Wilson, effected a closing on the purchase of the captioned property on May 14th, 1981. You will recall that we had several telephone conversations regarding the property in question and also Mr. Wilson and I met with you at your office on Monday afternoon, May llth, 1981, prior to my client's pur- chase of the Dover House property. We are naturally opposed to the passage of Ordinance Number 34-81 providing for a Moratorium on time-share or tim~-interval ownership condominiums as defined in the Ordinance. Without belaboring the legal ramifications as to whether the cit~ has the power to pass the proposed Ordinance, suffice it to say that I feel the city's action, if the Ordinance is passed, would be in conflict and in derogation of the Florida Statutes specifically per~aitting time-share condominiums. My client entered into negotiations for the purchase of the property in question the latter part of 1980, which negotiations ultimately led to the signing of a Contract on March 4th, 1981 and the depositing of a large sum of money to bind the transaction. The propertywas purchased specifically for the purpose of forming a time-share condominium, and the terms of the Contract alluded to this fact. The purchase price paid for the property in question far exceeded the property's value for its present use. At the time the aforesaid Contract was formally executed, no objections whatsoever had been voiced in the Delray community to interval-ownership condominiums which my client could reasonably have anticipated would lead to a Moratorium Ordinance. Mr. Wilson was faced with the dilemma that if he did not close and pur- chase the property in question on or prior to May 15, 1981, that the purchase deposit would be forfeited, to say nothing of protracted litiga- tion,which he was informed would ensue. Technically,on the date of closing there was no city ordinance preventing my client's intended use of the property which was clearly made evident to him by the seller. Roger G. Saberson, Esquire Page -2- May 19, 1981 Essentially, it is my client's position that he should be given special consideration with regard to the Ordinance's application to the property he purchased, should said Ordinance pass, since financially he will be greatly prejudiced through no fault on his part. Perhaps a re-drafting of the Ordinance, or an Amendment thereto, so as to except the subject property and any owners in the same posture as my client, might be the best solution for all concerned. Enclosed is a copy of Notice Of Intention To Submit Property To A Condominium Form of Ownership, the original of which was recorded in the Public Records or Palm Beach County, Florida, on May 15th, 1981. I would appreciate your reading this letter to the Council at the meeting scheduled for this evening when Ordinance Number 34-81 comes up for consideration. Very truly yours, GRINGLE, SPINNER & DITTMAN $o4{n W. Spinner JWS: es ~..r~c.