06-12-79SpMtg JUNE' 12, 1979
A special meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday,
June 12, 1979, with Mayor Leon M. Weekes, presiding and City Manager J.
Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm
T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young,
present.
Mayor Weekes announced that this meeting has been called for
the purpose of (1) holding a public hearing on the future land use
element of the Comprehensive Plan, (2) to consider authorizing trans-
mittal of a letter to the Division of State Planning requesting an
extension of time for the adoption of the Comprehensive Plan and (3) to
consider waiver of the sidewalk requirements for High Point, Section
VII.
The City Attorney stated that item (3) is a relatively minor
item on the waiver of sidewalk requirements in Section VII, and since
Mr. Leal has not yet arrived, he suggests that Council take item (3)
first.
It was Council's consensus to take item (3) first.
3. The City Attorney stated that that item was just considered
By the Planning & Zoning Board and they recommended that in this in-
stance the waiver be granted. This plat was approved some time ago. It
was approved without sidewalks at that time and the Planning & Zoning
Board felt that in order to be consistent with prior practice, in this
instance it should be waived. They don't want that to be misinterpreted
to mean that in the future sidewalks would not be required; they do
intend to require them consistently in the future.
Mr. Skahen showed Council a copy of the plan that they are
referring to.
Mrs. Durante moved that Council sustain the recommendation
of the Planning & Zoning Board, seconded by Mr. Scheifley. Said motion
passed unanimously. ~
2. Mayor Weekes requested that Council take item (2) now.
The City Attorney advised that the letter addressed to Mr.
Whittle, the Director of the Division of State Planning, requests a one
year extension in accordance with Chapter 163 Lo~'al Government Compre-
hensive Planning Act and this letter has been read to the staff member
who makes recommendations to the Division Chief for extensions.
Mrs. Plume stated that she heard of this for the first time
Monday night and she was startled by the whole thing. She felt that the
Planning & Zoning Board has been doing everything right and she is very
unhappy about this.
Mayor Weekes stated that the one thing that they have no
control over is the fact that proper notice was not given to Tallahassee
of these public hearings. To reschedule and readvertise would throw
them beyond the date in which the plan must be adopted.
In response to Mr. Scheifley, the City Attorney stated that
they can have any period not to exceed one year in the initial request.
He and Dan Kotulla, Planning Director, felt that they should request the
maximum they are permitted for the first request and that way they would
not have to go back for a, second request. They can't tell right now how
long it is going to take. Everybody wants to get it adopted as soon as
possible but if there are major amendments that are going to be made to
the Plan, they're going to have to be sent back to the State for review
which will invoke a sixty day review requirement.
Mayor Weekes suggested that in fairness to the people that
are waiting to speak, they go ahead and have the public hearing and come
back to this issue, because he can see that the discussion they are now
having is going to open up the whole subject. Council concurred with
the suggestion.
1. The public hearing was opened at this time
Ron Sanson stated that he came tonight in the hopes of
somehow demonstrating that he puts great stock and importance in what
the City is doing tonight. He is very disappointed that the other
citizens in Delray don't share that concern. In his opinion, the adop-
tion of this plan is a very necessary and important procedure for this
City to be following in the sense of the Council acting in a responsible
manner to the future demands that are going to be placed on the City
from the citizens. He has gone through the Comprehensive Plan and has
some suggestions. There are eight other elements to this plan besides
the zoning element. He would like to see Council take affirmative
action on some of the recommendations. In regard to the section on
Coastal Zone Management, one of the things that concerned him was that
they address areas in the coastal zone that are preservation, conserva-
tion and developed zones. In the preservation zone, they've addressed
the area of the public beach and a Mangrove area which is just north of
the Eighth Street bridge and a Pinelands area south of Miller Park; they
think that those three areas should be specifically taken care of and
possibly purchased by the City and preserved because of the natural
vegetation that is present in their natural state and kept for future
generations. He fully concurs with those recommendations but he some-
what debates the manner in which they present the Atlantic public beach
as being something that is natural in its state when we all know it's
not. He thinks that Atlantic Dunes Park should be put into this as an
added area; it should be preserved as a preservation area with no changes
for future generations to be made to that park. They have recommended
that in some way the Mangrove area be purchased and kept; he would
remind Council that at some point about two years ago, Commissioner
Medlen was trying to get the County Commission to purchase that land and
it was never pursued. He thinks that land is still available for pur-
chase through the County Commission for future preservation.. The
specific conversation has been as a bird sanctuary and he thinks that
should be done.
Mr. Sanson further stated that on page 59 Council addresses
the impact fee requirement. A majority of the Planning & Zoning Board,
Serafin Leal and himself feel that an impact fee is definitely a viable
consideration for this City to be implementing. If the City is not
going to develop its own, then he'd like to think that Council will b9
talking along the lines considering how they are going to react to the
County impact fee ordinance if, in fact, it is enacted on June 22 when
it comes up for Second Reading. In that sense this City as well as all
the other municipalities in Palm Beach County have an opportunity to
receive monies from the County from an impact fe~ on the County's formula.
On pages 112 and 113 it says that analyses indicate that no significant
negative environmental affects have been found concerning the Delray
Beach Outfall; he is sorry to see that sentence in there. He personally
thinks that there is a lot of controversy with that statement and that
it should be modified. On page 118 it says that a recycling program can
and should be implemented to achieve the goal of limiting solid waste
increases. They have had results of studies given back that question
the cost effectiveness of this. West Palm Beach has initiated a program
which would dispute that. Boca Raton is still continuing theirs. Page
142 deals with the summaries of the section on housing rehabilitation,
something in which he thinks the City of Delray has a lot to be proud
of. Delray has set an example for a lot of cities to follow. On this
page there are two items. One is the opinions of the consultants which
is that there is a lack of code enforcement in the City. He felt that
way the four years he served on Council and he still feels that way. He
hopes that Council, in conjunction with the Administration, will look at
the issue of lack of code enforcement to solve the housing problems. He
feels that the last statement dealing with racial discrimination is not
needed. On page 144 which deals with the community development programs,
it talks about increased participation. He feels that whatever programs
this Council or the Housing Authority develops should be ones that
provide incentives, no free give-away programs. They should be loan
programs where people have to pay back for what they get. He hopes that
the Council will do everything within their power to adopt the Compre-
hensive Plan.
The public hearing was closed.
- 2 - 6/12/79
Mayor Weekes and Mrs. Durante concurred with Mr. Sanson's
suggestion in regard to preserving Atlantic Dunes Park as a preservation
area.
In response to Mrs. Durante, Mayor Weekes stated that one of
the reasons for the delay in the plan is that Council may wish to change
the planning area so if they chose to make any changes in the plan, they
could do so.
The City Attorney advised that if they have minor changes,
they can make them and go ahead and adopt it without going back through
the review process but if they get into major changes, they'll probably
have to go back.
Mayor Weekes asked Council whether or not they wish to
include a statement that Atlantic Dunes Park should be maintained as a
preservation area. It was the consensus of Council to include such a
statement and the Mayor instructed the City Attorney to note that.
Mayor Weekes stated that the next question is the property
lying to the north of Eighth Street on the west side. He asked Council
if they feel that this should also be included in a positive statement
that it should be maintained as a preservation area or an area of con-
cern. It was Council's opinion that the report adequately covers that
as is.
2. Mayor Weekes announced that they will now go back to ques-
tion (2) to consider authorizing transmittal of a letter to' the Division
of State Planning requesting the extension of time for the adoption of
the Comprehensive Plan.
Mayor Weekes stated that the delay is mandated by the fact
that they did not give Tallahassee proper notice of the two public
hearings, which the Council scheduled, therefore, according to the law,
they must notify the State and reschedule them. Under any condition
they've got to have an extension; the question before them is whether
the extension should be for ninety days, six months or a year. An
integral part of that decision seems to lie in how this Council chooses
to treat the planning for the land in the reserve annexation area.
Council unanimously elected to establish a policy that they would not~
annex any lands lying west of Military Trail even though by special act
of the legislature the reserve annexation area goes a quarter mile west
of Military Trail. They have two or three options to consider; (1)
whether to implement the Council's policy decision by withdrawing to the
centerline of Military Trail for planning purposes, (2) to continue to
accept the reserve annexation area even though it's the expressed policy
of this Council that they don't intend to annex, and (3) to extend the
planning area to some other line which is a more natural barrier than an
artificial line a quarter mile west of the centerline of Military Trail.
It is an artificial, arbitrary line; prOperty ownerships extend past
that line and you have a jigsaw type of a thing. If they choose to plan
as far as the E-3 Canal, they would at least have a natural barrier.
What Council does in a matter of policy in no way binds a future
Council; if they give up planning in the reserve annexation area and
five years from now a Council wants to annex this, they have lost con-
trol of the planning process in that area. The reserve annexation area
by statute does not say they have to annex; it simply says that nobody
else may annex. So it does no harm to the City to have as a policy not
to annex it but still continue to plan it in the event that some future
Council should see fit to annex it. If they change their planning
boundaries, it's going to necessitate extensive changes in their Com-
prehensive Plan; all the statistics will have to be changed and they'll
need a year to do that. It seems to him that the better part of dis-
cretion is to continue to plan within the reserve annexation area as has
been set forth and let the Council adopt the policy if it chooses to.
The City Manager stated that of the three suggestions the
Mayor has made, he feels that number (2) is by far the better of the
choices for all the reasons that the Mayor has mentioned plus some
others.
- 3 - 6/12/79
In response to Mr. Scheifley, Mayor Weekes stated that this
City is only planning in that area reserved to it by the State Legis-
lature by special act.
Mayor Weekes stated, in response to Mrs. Durante, that the
City Attorney feels that if they are planning that in their Compre-
hensive Plan, then they should be prepared' to furnish that area with
municipal facilities, utilities and be prepared to annex it at some time
in the future, otherwise it shouldn't be a part of their Comprehensive
Plan. The City Attorney added that the plan, the way it is set up now,
evidences an intention to annex everything within the reserve area so if
Council intends to change that policy, there would have to be an amend-
ment to the plan. Mayor Weekes asked if they could include a statement
that Council, even though it has planned in this reserve area, at this
time, as a policy, does not intend to annex it.
The City Attorney advised that he has some difficulty with
the assumption that the County is going to cooperate with them in an
area that they're planning when they've indicated no intention to annex
in that area. He thinks that Council has got to keep something in mind
in regard to the planning area and that's what the planning area is
going to be for the purposes of annexation on the one hand, compliance
with the local government Comprehensive Planning Act on the other hand
and the extension of utility services or other public services. The
Comprehensive Planning Act specifically says that the area under muni-
cipal jurisdiction or planning for municipalities with reserve areas
shall include the reserve area. That question is now being litigated by
Boca Raton. If that decision is that a city is allowed to exercise
authority over the unincorporated area within the reserve area, they
will in essence have zoning authority over that entire area and all
development regulations, all building permits and all variances must be
consistent with the plan. Legally, under the act, no building permit
could be issued to develop an area that's designated strictly for pre-
servation. That's the jurisdictional requirement for the Comprehensive
Planning Act; that is not necessarily the same line as for annexation.
The City is not legally obligated to stop annexation at the reserve
annexation line or to annex all the way to that annexation line. It
makes sense to him to plan for the area they intend to annex. The
Council has the authority to take the position that has been suggested,
at least until they get a decision from the Fourth District Court of ~
Appeal. If the case with Boca Raton comes down the other way, the only
area that will be under City jurisdiction would be the area that is
actually within the City limits.
The City Manager noted that several advantages have been
mentioned making it advantageous to go with option (2) which the Mayor
suggested. In trying to think of disadvantages, he can't think of a
single one. It seems to him that that option should be selected.
Mr. Bob Hutzler asked what the difference in area is between
the quarter mile that the Mayor mentioned and the centerline of the E-3
Canal. Mayor Weekes replied that he would judge that it's about a half
mile to the E-3 Canal; the quarter mile is probably half way. Mr.
Hutzler asked what the expenses would be for the City to go to the E-3
Canal. The Mayor stated that he doesn't think that the Council has any
desire to go that far.
Mr. Scheifley stated that if Council decided to annex any-
thing west of Military Trail and have a cutoff line at the E-3 Canal,
they would have a real problem because they have had two people come
before them with large tracts of land that go from Military Trail west
beyond a quarter of a mile.
The Mayor advised that three members of the Boynton Council
are here because they are having an emergency meeting on the $CRWTD
Board which is going to take about ten minutes. They will recess this
meeting and come back in ten minutes.
Mayor Weekes declared a recess at 8:00 P.M. The meeting
reconvened at 8:15 P.M.
- 4 - 6/12/79
Ron Sanson stated that he came here under the assumption
that the plan was going to be voted on for adoption tonight. He only
found out tonight that consideration is being made to postpone the
decision. The one thing he feels that he tried to do for the 2% years
that they talked about this plan was to bring it up often enough to make
sure that no extension was ever going to be asked for. He feels that
past practice of Council sometimes has not been to ever find out where
blame lies; he doesn't think it should be done here. He outlined the
steps the plan has gone through since November, 1977, at which time the
last sentence in a letter from Mr. Serafin Leal said that the time of
performance will be ten months from the time of contract execution. On
May 19, 1978, Mr. Leal responded to a request from Mr. Kotulla for a
summary. He said that the program is proceeding well and is anticipated
the established August 31, 1978 State deadline to complete preliminary
drafts of the program work elements will be complied with, the Planning
& Zoning Board hearings can take place shortly thereafter probably in
September or October, 1978, the City Council public hearings for plan
adoption based on State guidelines can take place as early as February,
1979, therefore, we would have a safe margin of four months to the June
30th State deadline. As he understands it, the fault lies because
somebody at the State wasn't notified properly.
Mr. Scheifley stated that they all regret that they can't
meet the timetable and asked the City Attorney how it came to his atten-
tion.
The City Attorney stated that he went through the statute,
checking off the legal requirements. He called the Division to ask them
if they had published the notice since the statute requires the publica-
tion of the notice and was informed that they had not. It's the respons-
ibility of the Division of State Planning to publish the notice; the
Division takes the position that they will publish the notice when they
are notified by the local government.
Mr. Serafin Leal stated that there were four months that
could have been spared as a safety margin. What has happened is that
these final adoption procedures is something relatively new to both the
State as well as local jurisdictions. He talked with them today and
they talked about confusion in regard to the steps that have to be taken
in the final adoption process. They are revising the final adoption ~
procedure and guidelines; they say that these new guidelines will be
distributed within a week. The plan was finished last year as far as
the work that they and the Planning & Zoning Board did but the corres-
pondence and the review process with the different agencies has taken
longer than they had anticipated and has taken lqnger than what was
anticipated by the State guidelines. He doesn't think that the State is
going to change the rules very substantially because the State Act is
still the same but they are coming with new guidelines for final adop-
tion procedure. The State has not published the date, time and place of
the City's public hearing as far as final adoption of the plan.
Mayor Weekes asked Mr. Leal how many cities have had their
plan approved at this point. Mr. Leal answered that it is difficult to
make an exact estimate; he would say perhaps 20% of the total juris-
diction.
Mr. Bird stated that one of the three options which was
presented to them was to eliminate the planning area to the west of
Military Trail. He asked Mr. Leal if this Council were to adopt that
option, what cost in funds and time would be involved in going back and
readjusting the presentation to the State. Mr. Leal stated that it
would be a substantial amount of time and money; it would be several
months and several thousand dollars.
Mr. Bird stated it appears as though the first step toward
enforcing annexation would be for this City Council to adopt responsi-
bility for planning the use of lands which, as of now, doesn't belong to
the City. Although they have stated no intention of absorbing those
lands into the confines of the City, it is entirely possible that by
legal action, they may be required to absorb them. It is his opinion
that if this Council does not desire any land west of the centerline of
Military Trail, the time to take such a stand and make it final and
official would be now.
- 5 - 6/12/79
The City Attorney advised that establishing that line will
not force annexation. If, as part of the plan, the City indicates an
intention to annex the unincorporated area within a certain geograph-
ically defined area, you adopt that policy by ordinance and would be
legally obligated to annex people who request it in that area.
In response to Mayor Weekes, Mr. Leal stated that he likes
(option 2) the alternative of leaving the options open and leaving the
area west of Military Trail as part of the planning area. In many other
cities that they are planning in the state, some of which have already
been accepted, they have included a planning area which goes beyond the
~oundaries of the City without necessarily an implication, as far as
planning is concerned, to annex those areas. The main reason that they
have done so is that the physical fact of those areas outside of City
limits affects physically what's inside City limits and vice-versa.
Mr. Scheifley noted that he has been to hearings at the
courthouse where development west of Military Trail wanted to exceed the
densities that the City recommended for that area. They paid no atten-
tion to the City in extending a large development out there. In actual
practice, he thinks that the cooperation between the County and the City
in the reserve areas and pockets has been practically nil. You can plan
all you want, but the County, in many cases, is going to ignore it and
go ahead. There is no assurance that the County will abide by any
planning that the City does in that area.
Mrs. Durante stated that even though in some cases the
County did not concur with the City in zoning matters, she still thinks
it makes a lot more sense to have a plan for that area than to not have
any plan at all because they may want to annex it someday.
Mr. Bird stated that rather than putting themselves in the
position where they might possibly be required to take into the City of
Delray Beach, properties which were not developed to the City's stand-
ards, he would much rather see this Council adopt the posture that they
would not plan for that area to the west of Military Trail. His concern
is a legal one and it doesn't have anything to do with whether or not
the option suggested by the Mayor is desirable; it is desirable,
maintaining your options as widely as possible is better than restrict-
ing yourself but if the penalty for getting caught at that game is ~.
having to take into the City something that they don't want, he is
opposed.
The City Attorney advised that if the plan is adopted as it
presently exists, in his opinion, the City would .be legally required to
take in anyone who requests annexation within the reserve area. That
does not mean that the plan could not be phrased so that they have a
planning area that goes beyond the established annexation area. Perhaps,
they could even go beyond Military Trail in terms of annexation and
phrase it in such a way that they would annex beyond Military Trail but
they would have an established policy that they would annex something
only west of Military Trail if they could take in a compact development;
at no time, in no event, would they take in a development that would be
fragmented by annexation.
The City Manager stated that taking that tact would have the
advantage of maintaining all the advantages that have been cited here
tonight plus an added advantage of not being required to annex some area
that the City now wants to exclude; there's a way of exclusion that
could be built into the plan.
Mr. Sanson questioned why would the adoption of this plan
mandate that they have to annex people in the reserve area. The City
Attorney replied it's because there are statements in the plan that the
City intends to annex all land within its reserve area. They're adopt-
ing that statement by ordinance and once they adopt it by ordinance,
they're legally obligated to follow the ordinance. He cited some state-
ments in the plan that refer to annexation.
Mr. Leal stated that he wants to clarify the reference made
by the City Attorney referring to much and most but definitely not all
of the unincorporated areas. Maybe that wording can be changed. A
pocket area is an area that is on one side or more surrounded by City
limits.
- 6 - 6/12/79
Mayor Weekes stated that he would be in favor of strengthen-
ing the option that the City has but it would be a lot cheaper to change
that wording to strengthen the City's option than it would be to redo
the plan.
Mayor Weekes added that he thinks that what they need to do
is to adopt that posture, then they should instruct the City Attorney to
come forward with such protective language as he deems advisable to
include in the plan to prevent that eventuality from occurring. The City
Attorney stated that this is possible.
The City Attorney stated that if the area west of Military
Trail is going to be the planning area and Council has some reservation
about planning area in the sense of land use map, maybe it should be a
planning area only for utility extensions. They wouldn't have t° change
the statistics because the statistics are based on projections for
utility services primarily.
Mr. Leal suggested that the City make sure that the wording
is such that the City has an option; that the City "may" annex, that the
City "may" serve as opposed to "shall" for those areas.
The City Attorney agreed with that. That is what they are
discussing in reference to the change of language as far as annexation
is concerned.
In response to Mr. Scheifley, Mrs. Plume stated that the
Planning & Zoning Board leans toward the planning area. People from
that area are filling the roads and they're affecting the whole town.
Council has got to recognize what's there and yet there should be a plan
for it. Let's hope that as time goes on, the County will more and more
respond to the plan.
In response to a comment by Ron Sanson, Mayor Weekes stated
that Council does not perceive that because it gave water to High Point
that it is necessarily obligated to give water to anyone else lying west
of Military Trail.
Mr. Young stated that one of his chief worries about this is
the grandfathering in of some of places that have been built out ther9
now which do not come under the City code in size of lot, type of con-
struction or anything about it. Are they going to be obligated to annex
these people if they request annexation? Mayor Weekes answered that
they would instruct the City Attorney to amend the language in that
document as would preclude that possibility. It .~ould be done as the
City Attorney has suggested by saying that they would annex no subdivi-
sion or part thereof that would cause the fragmentation of that subdivi-
sion. By doing that they're immediately eliminating about 75%-80% of
everything that's out there.
Mr. Bird moved that the City Attorney be authorized to add
sufficient language to insure that this Council and future Councils will
not be put in a position of having to annex properties which they find
deficient west of Military Trail and any annexation west of Military
Trail will be at the discretion of Council and not fostered upon it by
some inattention in the drafting of the document, seconded by Mrs.
Durante. Said motion passed unanimously.
Before roll the following discussion was had: the City
Attorney stated that there are no guarantees at any time. The rule
in conjunction with utility service is that it's a discretionary func-
tion with the City. Sometimes you get involved in constitutional
questions that require a different result. In the United Farmworkers
case, the city was compelled by the Circuit Court to provide water
service to that project, even though ordinarily it's discretionary.
In response to Mr. Young, the City Attorney stated that he
thinks there is no question that they will be able to act before the
twelve month period is up.
At this point the roll was called to the motion.
- 7 - 6/12/79
Mayor Weekes asked the City Attorney if he is satisfied with
the steps that have been taken in the preparation of this plan by the
Planning & Zoning Board and this Council insofar as meeting the public
input requirements. The City Attorney stated that he discussed it with
Mr. Leal to some extent already and they are going to discuss it some
more; Mr. Leal has some material to show him but, yes, he is concerned
about that. He feels that there has been more than enough public input
but the opportunity for public input should have been structured a
little differently to invite written comments. The act specifically
says that the City would allow an opportunity for written comment;
that's something they didn't do. If they need to do that, they'll go
back to the Planning & Zoning Board, have a notice published in the
newspaper giving an opportunity for written comment and the Planning &
Zoning Board will hold one more public hearing and that will be the end
of it.
Mayor Weekes stated that he is strongly opposed to sending
this back to the Planning & Zoning Board if it's at all possible to
avoid it. He would rather have the written comments directed to the
Council if necessary.
The City Attorney noted that they are looking at two
different things, the extent of public participation and requirements
that could possibly invalidate the whole plan. He agrees with Mayor
Weekes. Public participation, as far as their plan is concerned, has
been absolutely nil but that does not help them in the posture of going
back and defending the plan at some later date. There may be an act
that the City takes in the future that somebody doesn't agree with and
somebody is going to go through that statute and there are plenty of
places in there where they have got to do each thing exactly right or
the whole plan will go down the drain.
Mrs. Durante asked if they can resolve the City Attorney's
concern by stating in the next public notice for a public hearing that
written comments will be accepted. The City Attorney stated that de-
pending upon what he and Mr. Leal go over, it may be necessary to do it
at the Planning & Zoning Board level. The statute requires the adoption
of procedures by both the local planning agents, the Planning & Zoning
Board and the City Council, regarding participation. They need two more
public hearings at the City Council level.
Mr. Sanson stated that under State statute, Council is
obligated mandatorily, at least every five years, to review the plan but
it is supposed to be done annually. So if there are some defects of
efficiency in it, Council may address that over .~he next year in the
annual review and rectify the problem.
Mr. Bird asked if they could hold the Planning & Zoning
Board hearing with the City Council hearing immediately following to
save people from having to do a lot of scheduling. The City Attorney
stated that it may be possible but he doubts it.
Mayor Weekes instructed the City Attorney to work with Mr.
Leal to come up with the least objectionable solution that they can and
come back to Council with it. It's very difficult for them to arrive at
a time frame other than the one included in the City Attorney's proposed
letter. He sees no reason why this thing couldn't be done in a maximum
of six months; he thinks it could be done in ninety days.
The City Attorney stated that looking at it in this posture,
it looks like six months but he feels that since they're making the
request they ought to go ahead and request a year.
Mr. Scheifley stated that Mr. Leal brought up the fact that
new approval procedures might be issued in the near future. If they do,
and the City isn't finished, will they have to abide by those or the old
ones?
- 8 - 6/12/79
The City Attorney stated that he thinks what Mr. Leal was
referring to is Department of Community Affairs. They're preparing
materials for the adoption process by local governments. He stopped at
their office in Tallahassee about a month ago requesting those materials
and he has not received them yet and doesn't know when he will. They do
change the requirements of the statute but there will be recommended
procedures for the City and other cities to go through in the adoption
process. That answers Mr. Scheifley's question in the sense that it
will not change the adoption procedure from the terms of the statute;
the statute has not been changed. In response to questions from Coun-
cil, he added that a realistic time frame is probably three months but
he would like to have a little cushion against that.
Mr. Young asked the Mayor if a motion would be in order.
Mayor Weekes stated that he thinks so because the extension doesn't
start running until the 30th of June or the 1st of July; they've got two
weeks there which is a little bit of a cushion. They can go ahead and
start implementing whatever it is they need to do immediately.
Mr. Young moved that the language of the first paragraph of
the City Attorney's letter be changed to a three months extension rather
than one year, seconded by Mr. Bird. Said motion passed unanimously.
Mayor Weekes declared the meeting adjourned at 9:15 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 Council of June 12, 1979, which minutes were ~
formally approved and adopted by the City Council on ~ ~J~//~?f~.
· -/~ City Clerk
NOTE TO READER:
I.f 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 - 6/12/79