08-08-77 361
AUGUST 8, 1977
A regular meeting of the City Council of the City of
Delray Beach, Florida, was held in the Council Chambers at 7:03
P. M., Monday, August 8, 1977 with Vice Mayor Leon M. Weekes
presiding, and Acting City Manager Elizabeth Arnau, City Attorney
Roger Saberson, and Council members David E. Randolph and Aaron I.
Sanson, IV, present. Mayor Scheifley and Councilman Robert D. Chapin
were absent.
1. The Lord's Prayer was repeated in unison.
2. The Pledge of Allegiance to the flag of the United States
~f' America was given.
3. Mr. Randolph moved for the approval of the minutes of
th'e regular meeting of July 25, 1977, seconded by Mr. Sanson. Said
motion passed unanimously.
4.a.1. Mr. Sanson stated he had a citizen of Delray Beach call
him recommending that Council give consideration to authorizing
the preparation of a resolution to be sent to the County Commission
protesting the planned formulation of the County budget to have the
Municipalities pay a share of the cost of the Sheriff's Road Patrol
Fund. Other surrounding cities have sent in resolutions along this
line and therefore, he has no objections to it.
Vice Mayor Weekes stated he does not object to this and
strongly recommend that Council take this action to pass a resolution.
Mr. Randolph stated he concurs with Vice Mayor Weekes
and has no objections.
Mr. Sanson moved that Council instruct the City Attorney's
office to prepare a resolution expressing this City's Council dis-
pleasure with tile County Commission considering taxing the Municipa-
lities of Palm Beach County for their share of the Sheriff's Road
Patrol Expenses, seconded by Mr. Randolph. Said motion passed
unanimously.
4.a.2. Mr. Sanson expressed his hopes to Mr. Petillo, represen-
tative of Florida Power &Lignt, if anything could be done to protect
the low consumer user, the residential user, in reference to the new
electric bills, that it be done; it is becoming impossible for the
middle and lower class people to pay their electric bill.
4.b. Mr. Randolph noted that there was activity on the east
s-~ of the location of the Linton Bridge this morning and wondered
if the "stop work" order has been lifted.
The City Attorney stated he did not know but would check
on it. Vice Mayor Weekes stated there is a "stop work" order but
there is certain work that can be done and they are continuing to
do that.
4.c. Vice Mayor Weekes stated he received a memo from the
~-~y Attorney stating, in effect, that Council has no authority to
charge for mowing lots unless they became a nuisance. He asked the
City Attorney how other cities are handling this and what Council
would need to do. ~
· . The City Attorney stated that a good portion of the lots
that are being mowed now would qualify, but his point was that Council
cannot do it to the extent of doing it in a discretionary fashion and
charge it to the property owner, tie stated he would check with some
of the neighboring communities to see how they handle the matter.
5. Ike Kresser, Delray Beach, stated he has observed that
t-~e public Park on East Atlantic Avenue at the Intracoastal Waterway,
needs attention. The park is 80 yards wide and approximately 120
yards long and the four lights in the park give very little illumination.
362
At night the park is in complete darkness and it is a vulnerable
place for committing crime. Ite stated the park should be lighted
like a baseball field with some kind of police protection from dark to
12 midnight. If this is not done, the City must erect a 6 foot
chain-linked fence and lock it just before dark. The lock on the
men's restroom is broken and these facilities should be locked at
night.
.Vice Mayor Weekes requested that the Acting City Manager
have Mr. Elliott, Director of Parks & Recreation, check out these
complaints, particularly the lighting in that area.
6.a~l~ The Acting City Manager sta~ed Mr. Chapin,.by memo dated
August 3rd, requested that Council consider retaining Jon C. Moyle,
as special counsel to the City, for the purpose of representing the
City before the DER in connection with efforts to expand the water
plant using the present treatment procedures. The funding will come
from the 1972 Water and Sewer Bond Funds.
Mr. Sanson stated it would be very hard for the City to
receive approval for this application, or to pursue other courses
of action other than building a lime softing plant, if special
counsel is not retained. He thinks special counsel is needed and
therefore, concurs with Mr. Chapin's recommendation.
Mr. Randolph stated that although he thinks this acces-
sory counsel may help, he is still concerned that this accessory
counsel is going to cost the City $100 an hour; he is tired of these
$100 an hour people representing the City and getting four and five
thousand dollars to represent the City. He stated he knows Mr. Moyle
will help but questioned if it is worth $100 an hour.
Vice Mayor Weekes stated for the City to have any chance
of success with this endeavor, it is going to have to be presented
properly to the authorities in Tallahassee. Properly means someone
with intimate knowledge of the working with the DER and the power
structure within DER; retaining Mr. Moyle is necessary to the success-
ful implementation o~ this pro~ect, if it is to be successful.
Vice Mayor Weekes stated he personally would support it and would
put a limit on the amount of money that Council would authorize for
Mr. Moyle and suggested that the outset of that limit be $1500.
Mr. Randolph stated if a maximum amount of money is
stated in the motion he would consider it. He stated he is not all
in disfavor of the idea but that $100 an hour is getting a little
bit far fetched. At the beginning of his term on Council, he stated
he was going to try to eliminate a little bit of the legal fees
and he has to start somewhere and was hoping, after the Clemens' case,
Council had seen the last of the higher price attorneys.
Mr. Sanson suggested that if Council wants to consider
the limit it would be good to see what kind of progress is being
made when that limit is reached and decide whether to pursue it.
Mr. Sanson moved that Council approve Mr. Jon Moyle as I '
special Counsel of the City for the purpose of pursuing an application
to the Department of Environmental Regulations to expand the City's
water plant using the existing system of water treatment and that a
limit of $1500 be put on his services at $100 an hour and that he
also be paid reasonable expenses in addition to the $1500, seconded
by Mr. Randolph. Said motion passed unanimously.
\
~.a.2.. The City Attorney gave a brief report on the Gipper
situation. He stated there has been a memorandum issued today by
John Grant's office which was issued subsequent to Mr. Grant's office
being able to review the photographs that the Gipper people presented
last week, and also to go through the property again and review some
of the allegations of other damage that was made that was not presented
at an earlier date. The substance of the memo is that they reaffirm
their previOus findings and recommendations in the letter of July
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363
21st and, based upon that, the City will be getting written bids
this week to do the work which will be presented to Council, hope-
fully, next week for discussion. Further discussion is also needed
with the insurance companies that are involved to get an agreement
as to the percentage of participation.
Upon question by Vice Mayor Weekes, the City Attorney
stated that the Gipper has not seen this report as yet but will .
receive a copy and after the bids, etc., have been received, it will
be a question as to whether or not they feel it is acceptable to
them.
Vice Mayor Weekes stated it seems that the work envisioned
by John Grant's firm is exactly the same as they presented to Council
at workshop which is some great difference to that which Mr. Gibson
believes occurred to his property and Council is just spinning its
wheels to proceed with this.
The City Attorney stated he felt that the City could get
the bids and make'what is felt a reasonable settlement offer and,
if it is not accepted, then proceed from .there.
Mr. Randolph stated he still prefers to leave it in the
hands of the City Attorney and Administr.ation to see if they could
come to a workable solution; if not, then let the City Attorney come
back to Council with recommendations as to how to proceed.
6.b. The Acting City Manager reported that it is recommended
that Council authorize the execution of an addendum agreement between
the City and Palm Beach County relative to joint funding of the
beach restoration and erosion control project. This is an addendum
to the beach renourishment agreement entered into between the City
and Palm Beach County on February 27, 1973.
The City Attorney noted that the need for the addendum
was created when one of the financial officers in the County indi-
cated a possible ambiguity in the agreement that has been ex~cuted
before as to the calculation of the time period that runs regarding
the $80,000 per year reimbursement that the City is to get from the
County. This was prepared so that the interpretation would mean
$400,000 rather than $320,000; the financial'officer has reviewed
it and approved it as has Mr. Strock's office and the City Attorney
recommends that the City authorize execution.
Mr. Randolph moved that Council authorize the addendum
to renourishment agreement between the City of Delray Beach and
Palm Beach County, such agreement being drawn on February 27,.1973,
seconded by Mr. Sanson. Said motion passed unanimously.
6.c. The Acting City'Manager reported that Council informally
decided at its August 1st workshop meeting to authorize preparation
by Russell & Axon of an Operation and Maintenance Manual for the
Master Lift Station, an EPA project. The EPA grant offer allows
$15,000 fee for preparation of the manual, of which $11,275 will
be reimbursed to the City.
Vice Mayor Weekes questioned why this has to come before
Council if it was a part of the original agreement. The City Attorney
stated it was not previously authorized in a specific authorization
for Russell & Axon to do the work. There was a provision in the
grant offer for 'the work to be done but it did~not specifically say
who is to do that work.
Mr. Sanson stated he will not argue with this item in
~iew of' the fact that there is a time schedule to get the Lift
Station built; it has to be done and they have been following the
rest of the work that is connected to it.
Mr. Randolph moved that the preparation for the O & M
Manual for the Regional Treatment Plant be authorized to be prepared
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by the firm of Russell & Axon with the EPA grant offer which allows
$15,000 of which $11,275 will be reimbursed to the City, seconded by
Mr. Sanson. Said motion passed unanimously.
6.d. The Acting City Manager reported that Council informally
d--~ded at its August 1st workshop meeting to authorize a property
survey of the Delray Beach Country Club by O'Brien, Suiter and
O'Brien in the amount of $500-$600 with funding to come from the
Parks & Recreation Administrative Account. Council, at its July
25th meeting, authorized a Financial/Operational Study of the Delray
Beach Country Club at a cost not to exceed $1000. At the July
18th workshop meeting, Mr. Young of the ~Financial Advisory Board
stated the property survey could be postponed until the Financial/
Operational Study was complete but that the survey would be necessary.
Mr. Sanson moved that Council authorize the property
survey of the Delray Beach Country Club, such' survey to fall within
the upper cost of $600 with funding to come from the Parks &
Recreation Administrative Account and the survey to be'done by
O'Brien, Suiter and O'Brien, seconded by Mr. Randolph. Said motion
passed unanimously.
6.e. The Acting City Manager reported that as discussed at
the workshop meeting on August 1st, Council is to give consideration
to authorizing an appraisal of the South half of Lot 19 and the north
half of Lot 20, between A1A and Salina Avenue.
Ernest Schier, 1017 Bay Drive, Delray Beach, stated he
was surprised to see a short article in the Sun-Sentinel last week
having to do with this subject. After having talked with the.City
Manager and Mayor Scheifley, he thought the City Administration had
long since decided that the City has acquired enough parking places
in the fo'ar block area of the public beach, south of Atlantic Avenue
and any additional property to be acquired would be north of Atlantic
Avenue where there is absolutely no public parking. If the Council
is in favor of acquiring more property south of Atlantic Avenue, he
and perhaps others, will be in violent opposition to it.
Vice Mayor Weekes stated that Council has endeavored over
the years and sometime in 1972 or 1973, strove very diligently to
acquire property north of Atlantic Avenue which is almost an impossi-
bility. There was a parcel of land just south of Vista Del Mar
which could have been acquired for parking, but the hue and cry from
%he people living on Vista Del Mar, led the Council in its political
wisdom not to proceed with that venture.
Mrs. William Matthews, member of the Beautification
Committee, stated that' about five or six weeks ago, it was discussed
with Council the problem of parking north of Atlantic Avenue and, at
that time, Council went on record as having said that every effort
would be made to aggressively persuade the County Of Palm Beach to
purchase land which is north of Atlantic Avenue.
Mr. Randolph stated when he agreed to enter into a pur-
chase arrangement for this particular property, there was some
question in his mind but thought it would be apropos for the City
of Delray Beach to own this property - much for its trade off value.
Mr. Sanson stated he has no objections, at this point,
to proceed with the appraisal which is not of any great expendi-
ture; the question of purchasing this property~still has to come
before Council. This property has been offered to the City at a very
reasonable' rate and perhaps it might~present itself in some degree
of an investment for the City to be used for resale if nothing else.
Mr. Sanson moved to authorize appraisal of this land,
seconded by Mr. Randolph. Said motion passed unanimously.
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6.f. The Acting City Manager recommended that Council declare
a nuisance to exist on the following property and in compliance with
Chapter 15 of the City's Code of Ordinances, direct the City Clerk
to comply with the ordinance in abating this nuisance.
PROPERTY DESCRIPTION CODE
Lot 3, Block 67
City of Delray 15-3
131 N. Swinton Avenue
Lot 22, Plumosa Park 15-3
257 N.E. 14th Street
Lot 6, Block 6
Atlantic Gardens 15-3
121 S.W. 12th Avenue
Mr. Randolph moved that Council declare the properties
a nuisance as listed in the agenda under item 6.f. and that the
City Clerk be directed to, in accordance with Section 15 of the
City's Code of Ordinances, abate such a nuisance, seconded by
Mr. Sanson. Said motion passed unanimously.
6.g. The Acting City Manager reported that the County has
received a petition from Frank L. Dietz and Raymond L. Workman for
the rezoning from AG (Agricultural) District to SC (Specialized
Commercial) District in Section 13-46-42. This property is located
at the southeast corner of the intersection of Lateral 32 Canal
and Military Trail. This rezoning request is in violation of.the
City's recenlty adopted Land Use Plan which designates this area
as low density multip~.e family (6 units per acre). It is recom-
mended that the City send a letter to the Palm Beach County Board
of Commissioners and the Palm Beach County Planning Commission
objecting to the rezoning petition.
Mr. Sanson moved that the City send a letter to
the County Commission objecting to rezoning petition, seconded by
Mr. Randolph. Said motion passed unanimously.
6.h. The Acting City Manager reported it is recommended that
Council authorize the City Attorney to prepare a resolution to the
Public Service Commission asking them to reconsider the recent rate
schedule which they adopted for Florida Power & Light.
Vice Mayor Weekes stated that this item is on the agenda
at his request because the Council members have probably received
requests from members of the public asking the Council to take some
kind of affirmative action to see if something could be done to
over-turn this "inverted" rate schedule Florida Power & Light has
adopted. Vice Mayor Weekes asked Mr. Petillo, local manager of
the Florida Power & Light office, to attend this Council meeting
to explain the effect of this schedule and what might be done to
attempt to abate it.
Mr. Petillo presented a chart showing the recently
adopted rate schedule as compared to the old rate schedule. He
explained that the Public Service Commission instituted this rate
and called it a "conservation rate". The idea was that if you
charge people more for each additional KWHs PeOple will tend to
conserve. If this is a conservation rate, at what point does one
start wasting electricity - this will vary from one person to the
next. Florida Power & Light requested rates that used the tradi-
tional declining block which narrowed the gap between the old
schedule and the new but it was disapproved and they were forced
by the Public Service Commission to institute the "conservation
rate" with the inverted rate schedule. Mr. Petillo stated that
Florida Power & Light is not against the life-line concept and
people should have the basic necessities, as it relates to electric'
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usage, but he does not feel that an electric utility rate schedule
should be used to alleviate social problems. He stated that he
thinks it is appropriate that Council is considering the resolution
and it is certainly appropriate to address it to the Public Service
Commission.
In answer to a question asked by Mr. Schier concerning
the commercial use of electricity, Mr. Petillo stated that the
classes of users are divided basically residential, commercial and
industrial; each of the three classes contributes through the rate
formula a proportionate amount and the commercial and industrial
users are, in fact, subsidizing the residential users.
Vice Mayor Weekes stated he feels that this inverted
rate structure is discriminatory against a very large number of
users in South Florida and there are very few, if any, residential
users who will only use 750 KWHs in a month's' time. He stated that
the City's electric bill for the month of June, in round figures,
was $40,000 and for the month of July it was $56,000 and the budget
has tentatively been prepared and there is no figure in the budget
to accommodate this kind of electric increase. When the City Manager
returns, Vice Mayor Weekes stated he intends to pursue very dili-
gently with him, a positive, energy conservation program for the
City of Delray Beach.
Mr. Sanson stated he would like to give the public two
questions to consider with this entire problem. The first being
the continuing controversy as to whether or not the Public Service
Commission members should be elected or appointed. Being able to
complain to an elected official about your feelings about these
rate schedules seems to have a lot of merit to it and,therefore,
he questions just how receptive an appointed official would be to
these complaints. The second question is that he finds continually
that a lot of the more liberal thinking people feel the answer to
this kind of problem is to have all the utility companies taken
oVer by the government.
Mr. Randolph stated he agrees with the agenda material
inasmuch as the City should set forth the resolution. He stated
he is doing things to his home to try to conserve energy and he
knOws that many of the residents, until this is worked out, would
want to take some positive action to conserve energy. It is his
· regret that this is going to hit some people who can't really afford
it.
Mr. Sanson moved that Council authorize the City Attorney
to prepare a resolution to the Public Service Commission asking them
to reconsider the recent rate schedule which they adopted for Florida
Power & Light, seconded by Mr. Randolph. Said motion passed unani-
mously.
7.a. There were no petitions or communications.
8.a. The Acting City Manager reported that Resolution No.
42-77, requesting permission from the Palm Beach County Board of
Commissioners to rezone land to be annexed to the City on the west
side of Florida Avenue between Avenue "E" and La Mat Avenue, is
before Council for passage consideration. This was discussed at
the July 25th Council meeting.
The Acting City Manager presented ~esolution No. 42-77:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
PERMISSION FROM THE BOARD OF COUNTY COM-
MISSIONERS, PURSUANT TO FLORIDA STATUTES
171.062, TO REZONE LAND TO BE ANNEXED TO
THE CITY OF DELRAY BEACH FROM THE COUNTY
ZONING CLASSIFICATION RS (RESIDENTIAL
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367
SINGLE FAMILY) T~ THE CITY'S ZONING
CLASSIFICATION RM-10 (MULTIPLE FAMILY
DWELLING) DISTRICT.
(Copy of Resolution No. 42-77 is on file in the
official Resolution Book.)
Mr. Sanson asked Mrs. Plume, member of the Planning &
Zoning Board, why Council should support a rezoning from single
family to 10 units per acre. Mrs. Plume stated this is being
requested to conform with the Land Use Plan.
Mr. Randolph moved for the adoption of Resolution No.
42-77, seconded by Mr. Sanson. Upon roll call Council voted as
follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes -
Yes. Said motion passed with a 3 to 0 vote.
8.b. The Acting City Manager reported 'that Resolution No.
43-77, providing for the adoption of the South Central Region
Palm Beach County "201" Facilities Plan is before Council for passage
consideration.
The Acting City Manager presented Resolution No. 43-77:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING THE SOUTH
CENTRAL REGION PALM BEACH COUNTY 201 FACILI-
TIES PLAN.
(Copy of Resolution No. 43-77 is on file in the official
Resolution Book.)
Mr. Randolph moved for the adoption of Resolution No.
43-77, seconded by Mr. Sanson. Upon roll call Council voted as
follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes -
Yes. Said motion passed with a 3 to 0 vote.
8.c. The Acting City Manager rePorted that Ordinance No.
53-77, annexing a parcel of land in Section 7-46-43, north side of
Lake Ida Road between Barwick Road and Congress Avenue, subject to
PRD-7 (Planned Residential) District, is before Council for passage
consideration on Second and FINAL Reading. This ordinance was
passed on First Reading at the July llth meeting. Prior to consi-
deration 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.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH, A PARCEL OF LAND LO-
CATED IN SECTION 7, 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, AND PROVIDING FOR THE ZONING
THEREOF.
(Copy of Ordinance No. 53-77 is on file in ~e official
Ordinance Book.)
The Acting City Manager read the caption of the ordinance.
A public hearing was heId 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. Randolph moved for the passage of Ordinance No. 53-77
on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call
Council voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes;
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368
Vice Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote.
Before ro].l call the following discussion was had.
Mr. Sanson stated he thinks it is very important for the public of
the City of Delray Beach to be aware of what is about to occur on
this piece of land. This is all part of a proposal to put together
several pieces of land to put in almost 2,000 units which at 2.3
people per household means approximately 7,000 people. Mr. Sanson .
stated he thinks it is very important for the citizens of Delray to
be cognizant of that and to express themselves, if they have feelings
about the development of this land. He reminded the people to be
aware of the effect things like King's Point and Century Village
have on surrounding communities.
Vice Mayor Weekes stated that 2.3 people per household
in 2,000 units does not come out to 7,000 persons or close to it and
'this will not have any greater impact than High Point of Delray
which has, in his opinion, been a valuable asset to the City.
8.d. The Acting City Manager reported that Ordinance No.
54-77, amending Chapter 29 "Zoning" of the Code of Ordinances
relative to adding carpet cleaning facilities as a Permitted Use
in the LI (Light Industrial), MI (Medium Industrial) Districts and
SC (Specialized Commerical) Districts is before Council. for passage
consideration on Second and FINAL Reading. This ordinance was passed
on First Reading at the July 25th meeting. 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. 54-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 29 "ZONING" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ~4ENDING SECTION 29-12 SC
(SPECIALIZED COMiv~RCiAL) DiSTRiCT (B)
PERMITTED USES, SECTION 29-14 LI (LIGHT
INDUSTRIAL) DISTRICT (B) PERMITTED USES,
AND SECTION 29-15 MI (MEDIUM INDUSTRIAL)
DISTRICT (B) PERMITTED USES;'PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 54-77 is on file in the official
Ordinance Book.)
The Acting City Manager read the Caption of the ordinance.
A )?ublic hearing was held h.aving been legally advertised in compliance
wi[h the laws of the State of Florida and the Charter of the City
of !~elray Beach, Florida. The public hearing was closed.
Mr. Sanson moved for the passage of Ordinance ~'~ ,,~.-77 ~
on Second and FINAL Reading, seconded by WY. n~ ..... ,~.t~l~. Upon roll
call Council voted as follows: Mr. ~andoiph - Yes; Mr. Sanson - Yes;
Vice M~yor Weekes - Yes. S=ld motion passed with a 3 to 0 vote.
8.e. The Acting City Manager reported that Ordinance No. 56-77,
relative to amending notification requirements of the zoning code to
conform with the State Statutes, is before Council for passage con-
sideraticn on First Reading. This was discussed at the August 1st
workshop meeting.
The Acting City Manager presented Ordinance No. 56-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH AMENDING CHAPTER
29 "ZONING" OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY REPEALING
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SECTION 29-23(B) (2) AND SUBSTITUTING
IN ITS PLACE A NEW SUBSECTION (2) PRO-
VIDING FOR THE NOTIFICATION, PUBLICATION
AND PUBLIC HEARING REQUIREMENTS APPLI-
CABLE TO REZONING REQUESTS REVIEWABLE
BY THE DELRAY BEACH PLANNING AND ZONING
BOARD; PROVIDING A SAVING CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
The Acting City Manager read the caption of the ordinance.
Mr. Randolph moved for the passage of Ordinance No. 56-77
on First Reading, seconded by Mr. Sanson. Upon roll call Council
voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor
Weekes - Yes. Said motion passed with a 3 to 0 vote.
Before roll call Mr. Sanson asked the Acting City Manager
to let him know the actual number of acres it would take to make
more than five percent.
9.a. The Acting City Manager reported that the Planning &
Zoning Board, at a meeting held on July 26th, recommended by unani-
mous vote that the preliminary plat request of Spanish Wells,
located in Section 25-46-42, on the south side of Linton Boulevard,
between Military Trail and Dover Road if extended south, be approved
subject to the following:
(1) Compliance with the Director of Public Utilities comments as
stated in his July llth memorandum.
Mr. Randolph moved to sustain the recommendation of the
Planning & Zoning Board in Council agenda item 9.a. subject to the
comments of the Director of Public Utilities in his July llth memo-
randum, seconded by Mr. Sanson. Said motion passed unanimously.
9.c. The Acting City Manager reported that the Pl~%nning &
Zoning Board at a meeting held on July 26th, recommended by unanimous
vote that the final plat request of Homewood Lakes Subdivision
(Section A), located in Section 18-46-43, on the south side of
Atlantic Avenue, between Dover Road and Homewood Boulevard, be approved
subject to the following:
' (1) Comments of the Lake Worth Drainage District as stated in
their June 27th letter;
(2) Comments of the South Florida Water Management District as
stated in their July 6th letter;
(3) Compliance with the Director of Public Utilities' comments as
stated in his July 14th letter;
(4) Compliance with the City Engineer's comments as stated in his
July 19th memorandum.
Mr. Sanson moved to sustain the recommendations of the
Planning & Zoning Board relative to the Homewood Lake Subdivision
subject to the restrictions being placed on the development as out-
lined under item 9.c. of tonight's agenda, seconded by Mr. Randolph.
Said motion passed unanimously.
Before roll call Mr. Sanson requested that the City
Manager's office contact Mr. Martin, Director of Public Utilities,
and supply Council with a summary report of what the situation is
relative to sewer connections. Mr. Sanson stated he is somewhat
at a loss to understand how many connections are available, in what
areas, and what the status of the sewer moritorium is at the moment.
10. The Acting City Manager recommended authorization to pay
t-~ City's bills.
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Mr. Randolph moved that Council authorize payment of
the City's bills, second, ed by Mr. Sanson. Said motion passed unani-
mously.
General Fund ............ $642,275.33
Water and Sewer Fund ......... 216,881.91
Federal Revenue Sharing Fund ..... 90,000.00
Cigarette Tax Fund .......... 30,000.00
Utility Tax Fund ........... 8,500.00
Special Projects Fund ........ 5,706.00
Fed. Public Works Grant Fund ..... 110,129.19
Mr. Randolph moved for the adjournment of the meeting,
seconded by Mr. Sanson. Said motion passed unanimously. The meeting
adjourned at 8:28 P. M.
ity Clerk
APPROVED: ~~
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 July 25, 1977 which minutes were'
formally approved and adopted by the City Council on ~/?~.~, /~Z~ ·
ty 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 the City Council. They will
become the official minutes only after they have been
reviewed and approved which may involve some amend-
ments, additions, or deletions to the minutes as set
forth above.
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