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08-11-81107 107 AUGUST 11, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, . August 11, 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. 1. The opening prayer was delivered by Reverend Donald M. Mackay, Cason United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of July 28, 1981 and special meetings of July 22, 1981 and August 4, 1981, seconded by Mrs. Durante. Said motion passed unanimous- ly. 4.a.1. Mr. Blair stated that he would like for Council to revisit the issue of County pockets east of Military Trail'to look at County and City zoning and see what, if anything, they can do to encourage them into annexation. He requested that this be discussed at a workshop meeting in September. 4.a.2. Mr. Blair requested that at a workshop in September Council discuss the issue of long range planning for downtown parking. 4.b.1. Mrs. Durante suggested that Council modify the Consent Agenda in the future to add a sentence after each item showing what the recommendation is so that the public will know whether Council is ap- proving or denying each item on the Consent Agenda. Council concurred with Mrs. Durante suggestion. 4.c.1. Mr. Scheifley stated that a week ago he proposed a straw vote to be put on the ballot for the upcoming special election. He was extremely disappointed in the coverage it received in the press. With the exception of the Miami Herald, the newspapers only listed three of the eight items that he discussed. It is unfortunate that the public cannot be informed as to more details. 4.d.1. Mayor Weekes presented and read a proclamation honoring the Delray Beach National Little League. Mr. Robert Miller came forward to accept the proclamation; Mr. Miller introduced the members of the Little League team and the coaches. Mayor Weekes announced that City Council has seen fit to give recognition to each of the players on the team in the form of a wind- breaker. 5.a. Mr. George Bockhold, 555 Banyan Tree Lane, spoke in oppo- sition of the Old Harbour project. He objects to the use of over four acres of water as land, which added 60 additional units to the project and he feels that this plan has a total disregard to open spaces. 6.a.1. The City Manager reported that the town of Ocean Ridge is attempting to renourish their beach; if they do so, it will help Delray's beach. The efforts of Ocean Ridge to renourish their beach are being opposed by some, including the South Lake Worth Inlet District Commission. Ocean Ridge is seeking the support of Delray Beach in this project. A hearing is to be held in Tallahassee on October 15th and 16th with regard to this question. It is recommended that the City Council, by motion, give them support in the form of a communication. Mayor Weekes suggested passing a resolution in support of this and fowarding a copy of it to whomever is in charge of the hearing. Mr. Bird asked on what basis the opponents are opposing this project. Mr. Robert Chapin replied he does not know the exact reasons for the objections but this is a County project and it is the County that needs Delray Beach's support at the hearing. 108 108 (1) In compliance with requirements set forth in Chapter 2 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the upcoming election. It is recommended that the list of possible appointees, from which sufficient numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council. (3) The following quotations have been received for pur- chase of fire hose for the Fire Department: Bidder 1-1/2" hose 2-1/2" hose Harold's Sales & Service Co., $ 4,725.00 $12,480.00 Inc., Marietta, GA Biscayne Fire Equipment Co., 4,935.00 11,880.00 Inc., Miami Florida Fire Equipment 4,375.00 12,000.00 Ft. Lauderdale Marpan Supply Co., Inc. 4,959.50 12,326.40 Tallahassee Western Fire Equipment Co. 4,655.00 12,480.00 Brisbane, CA It is recommended that the award for the 1-1/2" fire hose be made to Harold's Sales & Service Company, Inc. in the amount of $4,725.00 and the award for the 2-1/2" fire hose be made to Biscayne Fire Equipment Company in the amount of $11,880.00 with funding to come from funds in the 1980-81 budget. (5) A communication has been received from the Area Plan- ning Board dated July 31, 1981 requesting A-95 Clearinghouse review and comment relative to Florida Department of Environmental Regulation Implementation of the Florida Coastal Management Program. This program includes protection of natural resources, siting of coastal dependent facilities and protection of life and property from coastal storms. A letter dated August 3rd from the City Manager to the Area Planning Board stated that the program will have no adverse effects on the local natu- ral, social or economic environment and there is no duplication of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Approval is recommended. (7) Resolution No. 66-81 authorizing submittal of applica- tion to the Department of Natural Resources requesting and setting forth the need for funding for the beach is before Council for consideration. Total project funding for fiscal years 1981-82 and 1982-83 is $50,000. DNR's share is 75% or $37,500. Approval is recommended. The caption of Resolution No. 66-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLI- CATION TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: MONITORING THE BEACH EROSION CONTROL PROJECT, ALTERNATE SAND SOURCE INVESTIGATION, COASTAL STRUCTURES STUDIES, AND OTHER NECESSARY ACTIVITIES, ALL AS MORE FULLY SET FORTH IN THE APPLICATION. (Copy of Resolution No. 66-81 is on file in the official Resolution Book) (8) Resolution No. 67-81 relative to endorsing a program of Planned Parenthood and authorizing execution of an agreement with the State of Florida Department of Community Affairs is before Council for consideration. This was discussed at the August 4th workshop meeting. Approval is recommended. - 3 - 08/11/81 109 109 Mrs. Durante moved to direct the City Attorney to prepare a resolution supporting the town of Ocean Ridge's beach renourishment efforts, seconded by Mr. Scheifley. Said motion passed unanimously. 6.a.2. The City Manager reported that the Miami Herald ran an article yesterday saying, among other things, that the infiltration in the City's sewer system was costing $250,000 a day; this was an error. He contacted the Miami Herald and they readily admitted the error and promised to have a correction, or retraction, in today's paper. The correction article was very small and it took his staff a long time to find it. 6.a.3. The City Manager requested that items 6.b.2. and 7.b. be deleted from the agenda. 6.a.4. The City Attorney reported that this item is in regard to a quit claim deed dated July 30, 1981; it's a deed from the City of Delray Beach to Banyan Associates, Ltd. The City was to obtain a twenty foot easement from Banyan Associates, Ltd. and when the Limited Partnership prepared and recorded the deed, they inadvertently conveyed their whole project to the City. Upon being advised of the error, the City prepared and the Mayor executed a deed conveying the property back to Banyan Associates, Ltd., minus the twenty foot easement. The attorney for First Federal, who is financing the project, has asked that Council also ratify and confirm the execution and delivery'of the deed. Mr. Bird moved to ratify and confirm the execution and delivery of the deed, seconded by Mr. Blair. Said motion passed unani- mously. 6.a.5. The City Attorney reported that this item concerns an agree- ment for water service outside the City limits between the City and Norm Jackson; it's the City's standard agreement with the exception of some language. Mr. Jackson has agreed to convey to the City an easement of approximately 30 feet in width and 196 feet in length. The right-of-way is being given with the understanding that there will not be a require- ment for paving the right-of-way during annexation. He and the City Engineer recommend approval of the agreement subject to the City not executing the agreement until they have received a Title Certificate, a Title Commitment, delivery of the deed and an amended easement agree- ment. The parcel is located just south of the water plant on Lake Ida Road. Mrs. Durante moved for the approval of the agreement subject to the comments made by the City Attorney, seconded by Mr. Blair. Said motion passed unanimously. 6.a.6. The City Attorney reported that Resolution No. 69-81, rela- tive to the straw ballot that was proposed by Mr. Scheifley, is before Council for consideration. Mr. Bird suggested taking this to workshop; Mayor Weekes concurred. Mr. Scheifley stated that if Council will agree, at work- shop, to increase this upcoming budget by 1/3 mill for these specific purposes, he will drop his proposal. The City Manager advised that this item is scheduled for the regular workshop next Tuesday. 6.b. CONSENT AGENDA The City Attorney requested that item 10 be removed from the Consent Agenda for discussion. Mr. Bird requested that item 4 be re- moved from the Consent Agenda for discussion. Mr. Scheifley requested that item 6 be removed from the Consent Agenda for discussion. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: - 2 - 08/11/81 110 110 The caption of Resolution No. 67-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSIST- ANCE FOR COMMUNITY SERVICES ACT; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER PROVISIONS OF SAID ACT. (Copy of Resolution No. 67-81 is on file in the official Resolution Book) (9) Resolution No. 68-81 authorizing the issuance of gene- ral obligation bonds for park and recreation purposes subject to such bonds being approved at a referendum election is before Council for consideration. Approval is recommended. The caption of Resolution No. 68-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACQUISITION OF LAND FOR RECREATIONAL FACILITIES AND PARK PURPOSES, AND THE PURCHASE AND INSTALLATION OF RECREATIONAL FACILITIES AND EQUIPMENT IN AND FOR THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $10,000,000 AND GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,000,000 TO FINANCE THE SA~ IN THE MANNER HEREIN SET FORTH; AND ORDERING AND PROVIDING FOR A BOND ELECTION ON THE APPROVAL OF THE BONDS. (Copy of Resolution No. 68-81 is on file in the official Resolution Book) (11) The Planning & Zoning Board at a meeting held on July 28th, recommended by unanimous vote that the final plat for Professional Office Plaza for Acquilano, located on the west side of U.S. No. 1 be- tween Linton Boulevard and S.E. 10th Street, be approved subject to the Director of Public Utilities' memorandum of July 9th. Approval is recommended. Mr. Bird moved for approval of the Consent Agenda, with the exception of items 2, 4, 6 and 10, seconded by Mr. Scheifley. Said motion passed unanimously. REGULAR AGENDA 6.b.4. The City Manager reported that as discussed at the August 4th workshop meeting, it is recommended that Council, by motion, direct the notification of developers to the fact that they will be subject to a fee not to exceed $1,000 per unit for recreational land. When the formula has been finalized, adjustment will be made in the final assess- ment. The fee is to be paid before obtaining the building permits. The policy should be established so the Planning & Zoning Board and the Planning Department will be able to more fully inform developers with respect to this planned requirement. The City Attorney asked if it is Council's intention that as to any development that has yet to go through site plan, conditional use and plat approvals, that it would apply to those developments. In other words, if a development has already gone through those approvals and the only thing that remains is a building permit, is it Council's intention that it not apply to that type of development. - 4 - 08/11/81 111 111 Mr. Bird stated that it was his understanding that they would be applying this to those units which had not completed the per- mitting process to a point where they could pull permits and that they would not be applying it to those who were at the permit stage now. The City Attorney added that the only exception to that is what Mr. Campbell mentioned, that if someone has already gone through the approval process and has had a condition attached to their approval that a recreation fee was going to be levied, then it should apply to them as well even though they are at that stage. City Council concurred. The City Attorney added that the $1,000 fee will be collected prior to the issuance of any building permit for a project and that it will apply to any multiple family district and will also apply to hotels and motels. Mayor Weekes stated that if hotels are going to be charged $1,000 per room, he is not going to vote in favor of this. He feels that this is unfair and unwarranted. Mr. Bird stated that people who come down here for recre- ation place a higher use on the facilities than those who come here to live. He questions if it is less fair to apply a fee to someone who has a home here than somebody whose business it is to sell our recreation. He doubts that anybody with a recreational facility fails to encourage people to come and use our beach. Mayor Weekes stated that this is for acquisition and development of recreational facilities; not maintenance. If it was a maintenance issue, he would have a different view of it. Mrs. Durante stated that it seems like a lot to assess a hotel but when you look at a multi-family development of an equal number of units, that buyer who is going to be a taxpayer proba-bly would not use the recreational facilities as much as that one hotel room because there's a constant changeover in the hotel room. Mr. Scheifley noted that when you look at a 150 room hotel at $150,000, it seems like a lot of money. He questions if that is any more a burden to the developer of the hotel who can divide it up over the years than to a retired senior citizen couple in a condominium who are going to have to pay $1,000. Mr. Blair stated that it seems like a lot to him. Mr. Bird noted that there is some rebate to the hotel for recreational facilities. Mr. Bird moved for approval of the policy as set forth in the agenda information, modified so that it will apply to all multi- family districts, to all hotels and motels, to any development that has not completed conditional use, site and development plan, or plat ap- proval and will apply even to developments that have completed those approvals as long as a condition attached to one of those approvals was that they pay a recreation fee, seconded by Mr. $cheifley. Upon roll call Council voted as follows: Mr. $cheifley - Yes; Mrs. Durante - Yes; Mr. Blair - No; Mr. Bird - Yes; Mayor Weekes - No. Said motion passed with a 3 to 2 vote. 6.b.6. The City Manager reported that Resolution No. 64-81 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request any further desired information in lieu of which, and in compliance with Section 13 of the City's Code of Ordinances, adoption of Resolution No. 64-81 is recom- mended. The caption of Resolution No. 64-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. - 5 - 08/11/81 112 112 (Copy of Resolution No. 64-81 is on file in the official Resolution Book) Mr. Scheifley stated that he feels that Council burdens the taxpayers with unnecessary expenses; this item is one of them. This is the case of a lot right across the street from City Hall; it was de- clared a nuisance and they are going to act tonight to charge the owner $150 for cleaning it up. He feels sure that the actual cost was twice that amount. The Code Officer has to go out and inspect the lot; then he comes back and he has to get a legal address which is provided by the City Clerk~ Notices and registered letters have to be sent out. If Council decides it is a nuisance, they have to get bids. There is a lot of paperwork involved. He suggested that Council instruct the Admini- stration to get a general breakdown of costs and come up with a more realistic figure; Council concurred. Upon question by Mr. Bird, Mr. Scheifley replied that his suggestion would not apply to the nuisance before them, but for future nuisances. Mr. Bird moved for adoption of Resolution No. 64-81 and to instruct the Administration to take Mr. Scheifley's remarks under ad- visement in establishing the cost, 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. 6.b.10 The City Manager reported that the Planning & Zoning Board at a meeting held on July 20th, recommended by unanimous vote that the conditional use for the Seacrest Hotel, located at the northwest corner of Atlantic Avenue and A1A to allow a 150 room hotel in a five story structure be approved, subject to: (a) City Engineer's memorandum of July 15th. (b) Director of Public Utilities' memorandum of June 24th. (c) Chief Building Official's memorandum of June 30th. (d) That the maximum capacity of the meeting room shall not exceed 120 seats. (e) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recreation Land Dedication" ordinance, when adopted by City Council. (f) A time limitation of 18 months be set for development of the project. (g) That the 18 parking spaces located at the southwest corner of the property be made available to the af- fected merchants along Atlantic Avenue. This was discussed at the August 4th workshop meeting. Approval is recommended. The City Attorney stated that before this meeting Mr. Walsh was not aware of the staff conditions attached to this project. As it is his practice to request of applicants what their position is on the staff conditions, he requests that Council table this item until the next regular meeting. Mr. Robert Eisen, attorney representing the developers, requested that Council act on this tonight and not table the matter. They have complied with every reasonable request made by the City and feel it is unreasonable at this point to delay action. They are 3 to 4 months away from the application for building permits and if Council lets the normal· process continue and apply, they would probably be subject to that condition which the City Attorney mentioned. The City Attorney clarified that it is a policy statement of the Council that an ordinance is going to be adopted that is going to require a recreation fee payment. In terms of time frame, this parti- cular project has been going on for about 1% years and he does not feel that a two week delay would be an undue delay. It would be well for them to contact and discuss the staff conditions with their officers; he would like to know what their position on those are. - 6 - 08/11/81 113 113 Mr. Bird moved to table this item until the August 25th meeting, seconded by Mr. Scheifley. Mr. Eisen advised that the Walshes will agree to the condi- tion. Mr. Walsh came forward and stated that he is the Vice-President of the corporation. Upon question by the City Attorney, he replied that he is willing to sign a sworn statement to that effect, he is willing to agree to the condition that they pay the recreation fee prior to the issuance of building permits and he is in agreement with the other staff conditions. The motion to table was withdrawn. Mr. Bird moved for the approval of the Planning & Zoning Board's recommendation relative to the conditional use for Seacrest Hotel subject to the conditions set forth, seconded by Mr. Blair. Said motion passed unanimously. 6.c. The City Manager reported that Council should designate, by motion, the City's voting representative for the Florida League of Cities Convention to be held in Orlando, October 22nd, 23rd and 24, 1981. Mr. Bird moved to designate Mayor Weekes, seconded by Mr. Scheifley. Said motion passed unanimously. 7.a. The City Manager reported that a public hearing has been scheduled for paving S.E. 1st Avenue between S.E. 8th Street and S.E. 9th Street. Resolution No. 54-81 ordering the paving of S.E. 1st Avenue was adopted by Council at the July 14th meeting. 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. The City Manager reported further that Florida Power & Light Company owns property on one side of the project in question. The other side is privately owned and can. be assessed in the normal manner. It is his understanding that they can make the assessment, estimated at $7,762, against FP&L by terms of the franchise agreement that that amount will be deducted from Florida Power & Light Company's franchise payment to the City. Mr. Bird moved for approval of the project, seconded by Mr. Blair. Said motion passed unanimously. 8.a. The City Manager reported that Ordinance No. 56-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances rela- tive to adding vehicular signs to the list of prohibited signs is before Council for consideration on First Reading. Council, at the July 21st workshop meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 56-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE VIII, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-209, "CERTAIN SIGNS OR SIGN STRUC- TURES PROHIBITED", BY ADDING "VEHICULAR SIGNS" TO THE LIST OF PROHIBITED SIGNS; AND BY AMENDING SECTION 9-198 TO CLARIFY DEFINITION OF VEHICULAR SIGNS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante felt unclear as to which vehicular signs fall into this category. Mr. Scheifley noted that there is a car parked on the east side of South Federal Highway with a sign on it that looks like a tent; it says auto repair and the car is inoperable with the sign on it. He thinks that that is the type that is intended in this ordinance. - 7 - 08/11/81 114 114 After further discussion, it was the consensus of Council to pass it on First Reading and if they have any further problems with it to work it out before Second Reading. Mr. Blair moved for adoption of Ordinance No. 56-81 on First 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. 8.b. The City Manager reported that Ordinance No. 57-81, amending Ordinance No. 65-80 by adding a conditional use to Laver's North to allow a maximum of 240 of the 610 approved units may be resort dwelling units conditioned upon resort dwelling units being isolated in buildings which contain only resort dwelling units and not regular dwelling units, i.e., a building in its entirety must be comprised of either resort - dwelling units or regular dwelling units is before Council for consider- ation on First Reading. Council, at the August 4th workshop meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 57-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 65-80, SECTION 2(a) TO ALLOW THAT A MAXIMUM 240 OF THE 610 APPROVED UNITS MAY BE RESORT DWELLING UNITS CONDITIONED UPON RESORT DWELLING UNITS BEING ISOLATED IN BUILDINGS WHICH CONTAIN ONLY RESORT DWELLING UNITS AND NOT REGULAR DWELL- ING UNITS, I.E., A BUILDING IN ITS ENTIRETY MUST BE COMPRISED OF EITHER RESORT DWELLING UNITS OR REGULAR DWELLING UNITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 57-81 on First Reading, seconded by Mr. Bird. 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. 8.c. The City Manager reported that Ordinance No. 58-81, amending Chapter 9 "Buildings and Construction", Article VI "Electricity" of the Code of Ordinances relative to prohibiting the use of aluminum conduc- tors of any type in the City is before Council for consideration on First Reading. Council, at the July 7th workshop meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 58-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION", ARTICLE VI "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-152 "SPECIAL REGULATIONS GENERALLY" PARAGRAPH (t) TO PROHIBIT THE USE OF ALUMINUM CONDUCTORS OF ANY TYPE ANYWHERE IN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 58-81 on First Reading, seconded by Mrs. Durante. 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. Before roll call the following discussion was had: Upon question by Mr. Bird, the City Attorney replied that he checked with Mr. Pendergrass in the Building Department to make sure that they are pro- hibiting the thing that is causing the problem. Mr. Pendergrass said that it is conductors, not any other type of aluminum equipment, that is causing the problem. - 8 - 08/11/81 115 115 At this point the roll was called to the motion. Mayor Weekes declared the meeting adjourned at 8:15 P.M. Asst. City Clerk 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 August 11, 1981, which minutes were for- mally approved and adopted by the City Council on August 25, 1981. "Asst. 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. - 9 - 08/11/81