11-12-74 NOVEMBER ].2, 19'/4
A regular meeting of the City Council of the City of
Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M.,
Tuesday, Now2mber 12, 1974 with Vice-Mayor Leon M. Weekes presiding,
and City Manager J. Eldon Mariott, City Attorney G. Robert Fellows,
Council members Grace S. Krivos, David E. Randolph, J. L. Saunders
present.
1. The opening prayer was delivered by Dr. G. W. Phillips
of the Greater Mount Olive Baptist Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the United States
of 2~nerica was given.
3. The minutes of the regular meeting of October 28, 1974
were unanimously approved on motion by [,'ks. Krivos and seconded by Mr.
Saunders.
4.a. Mrs. Krivos questione¢] the status of the requested
corrected bill from Alley, Rock and Dinkel. The City Attorney reported
the bill received by the City was not satisfactory and the firm has
been requested to forward a bill with more complete information.
4.b. Vice-Mayor Weekes stated Mayor Scheifley and all of the
Council candidates were attending a meeting at High Point Subdivision
concernmng the upcoming elections.
4.c. Vice-Mayor Weekes reported he had received complaints from
~-~sidents in the area regarding the maintenance and upkeep of the
Kucera property the City purchased for parking on the beach. The City
Manager stated he would handle the problem.
4.d. Vice-Mayor Weekes announced a forum to be held Thursday,
November 14, 1974 at 8:00 P.M. in the Council Chambers at which the
candidates for Council would speak.
6.a. The City Manager reported in compliance with Section 12-7
of the City's Code of Ordinances, it is necessary that Council canvass
the returns of the Primary Election at a meeting to be held not later
than three days following the Primary Election, which meeting should
be set by Council motion. Mr. Saunders moved a special meeting be
held on November 20, 1974 at 12:15 P.M. for canvassing the Primary
Election, seconded by Mr. Randolph, said motion passing unanimously.
6.b. The City Manager reported in compliance with Section 12-5
of the City's Code of Ordinances, Council should determine the quali-
fications of the following candidates who have filed for the office of
Councilman for a two year term conm]encing on the first Monday in
January, 1975:
John A. J. (Jack) Collins, Jr.
Andrew M. Gent
Aaron (Ron). I. Sanson, IV
William A. Saunders
Roy M. Simon
The City Attorney reported that each of the candidates
have properly qualified in all respects. Mr. Randolph moved that'
the five candidates listed above be considered as qualified candidates
for the November 19th election, seconded by Mrs. Krivos, said motion
pa~sing unanimously.
6.c. The City Manager stated the following bids have been re-
c'e'i~e~ for construction of a sewer extension on Ibis Drive in Tropic
Palms beginning ].25 feet west of Albatross Road and extending 1389
feet westerly to a point of connection with an existing sewer line:
Bidder Bid
Big Four Construction, Inc. $30,011.00
West Palm Beach
Lyons Construction Company 31,472.10
Pompano Beach
Ontario of Florida, Inc. 35,0'/2.80
West Palm Beach
Dawson Company 39,838.30
Jupiter
Residex Corporation 45,278.45
Ft. Lauderdale
A.M.&J. Construction Co., Inc. 40,230.80
Dania
It is recommended that the contract be awarded to the low
bidder, Big Four Construction, Inc. in the amount of $30,011.00, with
the financing to come from the Water and Sewer Revenue Bond Issue.
Mr. Saunders moved that the contract for the sewer extension in Tropic
Palms as described above be awarded to Big Four Construction, Inc.
in the amount of $30,011.00, seconded by Mrs. Krivos, said motion
passing unanimously.
Mrs. Krivos questioned the extension of sewers to Jefferson
Manor and Poinciana Heights. The City Manager stated he would check
into the matter.
6.d. City Manager Mariott stated Council should consider
appointment of members to a Charter Study Commission. Vice-Mayor Weekes
reported members of the public and of the. Council have indicated they
would like ~o see this project completed. Portions of the Charter are
outdated and others are not in compliance with State Law. Mr. Randolph
moved to appoint a Charter Committee to proceed with suggestions to the
City Council relative to revisions, ~L~endments and general updating
of the City Charter, said repor~ to be finalized on or before six months
from the date of this meeting, further that said Charter Committee be
comprised of the following people: John Ross Adams, Chairman; Phyllis
Carey; Robert Chapin; Marshall DeWitt; Dr. Warren Nubern; I.C. Smith;
and Jack Saunders, and that said Conmmittee be authorized to consult
with the City Attorney and the City Clerk be authorized to provide a
secretary for recording and transcribing meetings, seconded by Mrs.
Krivos. Vice-Mayor Weekes suggested that one or two alternates be
appointed. Mr. Randolph suggested Mrs. Charlotte Durante be appointed
as an alternate. Mrs. Krivos asked Mrs. Bea Hopkins to serve as an
alternate. Mrs. Hopkins responded in the affirmative. Mr. Randolph
amended his motion to include as alternates Mrs. Charlotte Durante
and Mrs. Bea Hopkins. Mrs. Krivos accepted the amended motion. The
motion passed unanimously.
6.e. The City Manager recon~ended that Council approve, by
motion, the entering into of a lease agreement with Dr. John R. Westine
and 300 Northeast Eighth Street Building Corporation at 300 N.E. 8th
Street for their use of City owned land for parking purposes fronting
on N.E. 3rd Avenue where a City sewer pumping station is located. The
lease would be revokable by either party with 90 days notice and concerns
a tract of land 50' x 68' in size. The lease cost would be $100 per
year. Mr. Saunders questioned who would handle any repairs on the
property. The City Attorney replied the agreement states the lessee
would bear the costs. Mrs. Krivos moved the City enter into a lease
agreement with Dr. John R. Westine and the 300 Northeast Eighth Street
Building Corporation for the use of a 50' x 68' parcel of city owned
land behind the city sewer pm-aping station, seconded by Mr. Saunders,
said motion passing unanimously.
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11-12-74
6.f. The City Manager presented a status report on the swimming
pool. The well being drilled ak present has provided a greater iron
content at a depth of 110 feet than it did at 45 to 50 feet. It is
now recommended that the proposal from Oelray Pools, Inc. to prepare
a study and recolmnendations for the City be considered by Council.
Mr. Saunders moved to refer the matter to a workshop with proper
representatives attending, seconded by Mr. Randolph, said motion
passing unanimously.
6.q. The City Manager recommended that Council approve, by
motion, the City's participation in the Comprehensive Employment and
Training Act of 1973 as discussed by Council at the November 4th work-
shop meeting. This is a Federally funded program that permits govern-
mental units to employ people who have been unemployed for 30 days or
more and who live in an area where the Federal Census Tract shows the
rate of unemployment to have been at an acceptable level during a
three month period in 1973. The program is funded through June, 1975,
and it is not known whether it will be refunded after that time.
Council expressed approval of the program at the workshop meeting. The
City Manager reco~,~ended. Council authorize a City-County agreement for
the employment of not to exceed 30 persons in this program. It was
explained that if the City participates in the program and the program
is not Federally funded again in June of 1975, the City would have to
retain on its payroll at least 50% of those who participated in the
program. Discussion ensued with Mr. Saunders expressing doubt con-
cerning ~he control of the program by the City. Mr. Randolph moved that
the City participate in the Comprehensive Employment and Training Ac~
of 1973 to authorize the City Manager to hire up to thirty people in
the program, seconded by Mrs. Krivos. Upon roll call, Council voted
as follows: Mrs. Krivos - Yes; ~.ir. Randolph - Yes; Mr. Saunders - No;
Vice-Mayor Weekes - Yes. The motion passed with a 3 to 1 vote.
7.a. Vice-Mayor Weekes acknowledged receipt of minutes of the
Beautification Cormnittee for its meeting held on October 2, 1974.
7.b. City Manager Mariott reported Mr. g. Morgan liikell, by
recent letter, has notified the City Council of his resignation as a
member of the Downtown Development Authority, the reason being that he
has moved the primary base of his operation from the downtown area
included within the Downtown Development Authority district. A cormmuni-
cation from the Greater Delray Beach Chamber of Co~mnerce has been re-
ceived that recommends the appointment of Mr. Donald S. Jakubek as Mr.
Mikell's replacement on the Downtown Development Authority. Mr.
Saunders moved that .Council accept the resignation of Mr. J. Morgan
Mikell and that a resolution be passed thanking him' for his service on
the Downtown Development Authority, seconded by Mr. Randolph, said
motion passing unanimously. Mr. Randolph moved to sustain the recom-
mendation of the Greater Delray Beach Chamber of Commerce that Mr. Donald
S. Jakubek be appointed as Mr. Mikell's replacement on the Downtown
Development Authority, seconded by Mrs. Krivos, said motion passing
unanimously.
7.c. The City Manager recommended that Council, by ]notion,
authorize the entering into of an agreement with the firm of Arthur V.
Strock & Associates, Inc. for engineering work relative to the beach
renourishment and maintenance programs as set forth in that firm's
letter to the City dated November 1, 1974 which is in accordance with
an understanding arrived at on October 8th in a conference participated
in by Mr. Strock, the City Engineer and the City Manager. A letter
agreement dated November 1, 1974 has been received by the City for
approval, said letter setting forth the one year follow-up study that
is now undez way which has been approved by Council. including the
maintenance nourishment plans, permits, etc. Further discussion re-
sulted concerning the participation of the Department of Transportation
and the progress of the drainage project. Mrs. Krivo? requested an
approximate cost of the study involved. The City Manager replied it
was diffJ, cult to pinpoint a cost since time, constructions costs, etc.
were involved, but estimated that it would be less than $90.00 per hour,
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11-12-74
and stated the money would come from the Beach Bond Issue. Council
expressed the desire to be given a ba].l-par]< figure on this project.
Mr. Arthur Strock was present and stated basically five items are
involved in the project. He stated reconmlendations would be made to
Council for selection of project size. Mr. Strock explained that any
large expenditure would be brought before Council before any commit-
ment was made, specifically involving the sand investigation or the
structural investigation. Mr. Rsndolph moved Council authorize the
City Manager to complete the agreement with Arthur V. Strock & Associates,
seconded by Mr. Saunders, said motion passing unanimously.
Mr. Ernest Schier questioned the effect of the extension
of the Boca Raton inlet on the beach in Delray. Mr. Strock stated he
did not feel the extension of the jetties at the Boca Raton inlet
would in any way affect the beach at Delray.
8.a. The City Manager presented Resolution No. 73-74.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY ~EACH, FLORIDA, ~iENDI.~.'iG T~E
SIVE LAND USE PLAN FOR THE CITY OF DELRAY BEACY BY
CHANGING TO COi~LMERCIAL CLASSIFICATION THE AREA
LOCATED EAST OF NORTH FEDER~XL HIGHWAY EXTENDING
FROM N.E. 8TH STREET NORTH~'{ARD TO GULFSTREA2d
BOULEVARD, BEING AN IRREGULARLY SHAPED PARCEL
LYING IN SECTION 9, TO~rNSHIP 46 SOUTH, ~NGE 43
EAST.
(Copy of Resolution No. 73-74 is attached to the official
copy of these minutes.)
A sketch was projected depicting the property under proposal
to change the Comprehensive Land Use Plan consisting of the area located
east of North Federal Highway extending from N.E. 8th Street northward
to Gulfstream Boulevard lying in the West half of Section 9-46-43. A
Public Hearing has been scheduled to be held.
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. There being no objections, the Public
Hearing was closed.
The City Manager suggested an addition in Section 1 of the
resolution of the words "Con~aercial Land Use Classification". i~tr.
Randolph moved for the adoption of Resolution No. 73-74 with the addi-
tion of the words "Con~mercial Land Use Classification" in Section 1,
seconded by Mrs. Krivos. Upon roll call, Council voted as follows:
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor
Weekes - Yes.
8.b. The City Manager presented Resolution No. 74-74.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION
OF A CONTRACT FOR FURNIStIING AND INSTALLING APPROXI-
MATELY 2,700 LINEAL FEET OF SIX-FOOT CHAIN-LINK
FENCE AT DELRAY BEACH CEMETERY, LOCATED AT SOUTH-
WEST EIGHTH AVENUE, BETWEEN SOUT]{WEST SIXTH STREET
AND SOUTIKfEST EIGHTII COURT, CITY OF DELI{AY BEACH,
FLORIDA.
(Copy of Resolur~ion No. 74-74 is attached to the official
copy of these minutes.)
City Manager Marioqt reported this resolution awards a
contract for the installation of approximately 2,700 lineal feet of
chain link fence at the Delray Beach Cemetery to the low bidder,
Delray Fence Company, in the amount of $12,771.22 with financing to
come from Federal Revenue Sharing Funds. Money has been allocated
from these funds to cover this expense. The fencing will be on three
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1].-12-74
sides leaving the front of the cemetery open. Mr. Saundcrs moved
for the adoption of Resolution No. 74-74, seconded by Mr. l~andolph.
Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr.
Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Woekes - Yes.
8.c. The City Manager presented Resolution No. 75-74.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY [~Er~CII, FLOI{IDA, AUTltORIZING NEGOTIATION
OF A CONTiLiCT FOR FURNIStlING, H}~ULING AND STOCK-
PILING FILL AT A DRAINAGE POND (KNOWN ~S PRIEST
POND) LOCATED BETWEEN SOUTtt%.~EST 3RD STREET, SOUTH-
WEST 3RD COURT AND SOUTIIWEST 8TH AVENUE, SOUTH-
WEST 10TH AVENUE, CITY OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 75-74 is attached to the official
copy of these minutes.)
The City Manager recommended that Resolutinn No. 75-74
authorizing a City contract for furnishing, hauling and stockpiling fill
at Priest Pond, located between S.W. 3rd Street, S.W. 3rd Court, S.W.
8th Av,,:nue and S.W. 10th Avenue be awarded to Mr. Sam Pittman of the
Trucking and Excavating Company in the amount of $8,125, with funding
to come from the Federal Revenue Sharing Funds. Since the Southwest
Drainage Project has been completed, Priest Pond is no longer required
as a drainage area. It has been declared a nuisance and a health
hazard. Mrs. Krivos moved for the passage of Resolution No. 75-74 with
funding to come from the Federal Revenue Sharing Funds, seconded by
Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos -
Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes.
8.d. The City Manager presented Resolution No. 76-74.
A RESOLUTION OF TiLE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLO?IIDA, AUTHORIZING NEGOTIATION
OF A CONTP~%CT FOR FU~ISHI~G, }hAULING A~D STOCX-
PILING FILL AT THE SITE OF FOURTH AVENUE PARK,
CITY OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 76-74 is attached to the official
copy of these minutes.)
The City 14anager reported the contract for the Fourth
Avenue Recreational Complex site was awarded some time ago by Council
to Mr. Sam Pittman for fill and material; however, that fill was in-
sufficient to bring it to proper grade. Resolution No. 76-74 will
provide the additional fill required with funds already allocated by
Council from the Federal Revenue Sharing Funds. The amount involved
is $6,600.00. Mr. Randolph moved for the passage of Resolution No.
76-74, seconded by Mr. Saunders. Upon roll call, Council voted as
follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes;
Vice-Mayor Weekes - Yes.
8.e. The City Manager presented Ordinance No. 61-74.
AN ORDINANCE OF T~{E CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 6A "BARBERS
AND BARBER SHOPS" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING AN EFFEC-
TIVE DATE.
City Manager Mariott s-hated the City's 'Barbers Board of
Examiners has recommended that their group be aboli~hed, said recom-
mendation beJ. ng concurred in by Council at a workshop meeting. This
will repeal Chapter 6A of the Code of Ordinances. Mrs. Krivos moved
for the passage of Ordinance No. 61-74 on first readi'g, seconded by
Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos -
Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes.
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11-12-74
Vice-Mayor Weekes asked what dist?osition would be made
of the funds accumulated from licenses to the Board. The City Attorney
stated the funds would be turned back to the City.
8.f. The City Manager presented Ordinance No. 63-74.
AN ORDINi~NCt.] OF Tile CITY COUNCIL OF Tile CITY OF
DELRAY BEACIt, FLORIDA, /U.~ENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELtLAY
BEACH, AS AMENDED, BY ADDING TO USES PEF~.'tITTED IN
THE SC SPECIALIZED COI~'.~ERCIAL ZONE "MOTORCYCLE SALES,
SERVICE AND REPAIR" AND OTHER RETAIL BUSINESS OR
CONhqERCIAL SERVICE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT ItEREWITH; PROVIDING
A SAVING CLAUSE.
City Manager Mariott stated this ordinance would add
Motorcycle Sales, Service and Repair as a permitted use in the SC
Specialized Co~mnercial zone. It would also add any other retail
business or con~nercial service use in which there is no processing
or treatment of materials', goods or products. The Planning and Zoning
Board has recors~ended unanimously that this ordinance be passed. Mr.
Saunders moved that Ordinance No. 63-74 be passed on first reading,
seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor
Weekes - Yes.
8.g. The City Manager presented Ordinance No. 64-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, A/:'LENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AS kMENDED, BY ADDING DEFINITIONS FOR A
"DRIVE-IN RESTAURANT OR REFRESHMENT STAND" AND
"RESTAUPd%NT"; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES iN CONFLICT HEREWITH; PROVIDING A SAVI>~G
CLAU SE.
City Manager Mariott reported this ordinance was recomm~ended
unanimously by the Planning and Zoning Board and adds to Chapter 29
"Zoning" definitions for "Drive-In Restaurant or Refreshment Stand" and
"Restaurant" Mrs. Krivos moved for the passage of Ordinance No.
64-74 on first reading, seconded by Mr. Saunders. Upon roll call,
Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr.
Saunders - Yes; Vice-Mayor Weekes - Yes.
10.a.1. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach,
'spoke concerning the lack of sewers on his street. He requested this
matter be considered by Council. He also requested a report on the
street lights that are still out in the western section of Delray
Beach. The City Manager stated he would report on the lights at a
later time.
10.a.2. Mr. Ernest Schier, 1017 Bay Street, Delray Beach, spoke
concerning the problems encountered at Precinct 190, Beach Fire Station,
during elections. He stated the Fire Station did not provide enough
room for the people to vote, especially if it rains. Mr. Schier said
four machines are required and are allocated to this precinct, but only
two can be utilized. Council discussed moving the fire equipment out
of the station during elections and it was determined this was not
feasible. An alternate poll'ing location is under consideration, with
a possible solution being the new fire station that is on the ballot
for the General Election. ~[_-. Schier also asked what was done with
the money from the bond issue for the sewage plant. He asked why this
money could not be used for projects instead of asking for a $4,000,000
bond issue in the upcoming ele~dion. Vice-Mayor Weekes replied bond
money must be used for the purpose for which the bonds were sold.
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11-12-74
10.a.3. Dr. William Mudge, 911 Bolender Drive, l)elray Beach,
asked wl~y sewers were nol; provided in Tropic Isle while Tropic Palms
is being provided sewers. Vice-Mayor Weekes replied the project
scheduled for Tropic Isles is a part of the bond issue passed. J_n 1972
and is subject to matchiug Federal Funds which have riot been forth-
coming.
10.a.~. Mr. Biii McDonough, 603 S.E. 4Eh Street, Dolray Beach,
presented a petition requesting tha-t the 7-11 store on S.E. 6th Avenue
and S.E. 4th Street be restricted to tho hours of 7:00 A.M. to 11:00
P.M. rather than operating for 24 hours a day during which time persons
gather to drink beer, race cars, etc. He requested Council adopt a
resolution restricting the business hours of this and similar convenient
stores located in residential sections to an 11:00 P.N. closing ?]our.
Vice-Mayor Weekes requested the matter be referred to the next Council
workshop for discussion.
Mr. Randolph left the meeting at 9:10 P.H.
10.b.1. The following Bills for Approval were unanimously approved
for payment on motion by M~. Saunders and seconded by Mrs. Krivos.
General Fund ............ $262,821.05
Water and Sewer Fund ........ 13,800.00
Cigarette Tax Fund ......... 12,328.75
Utility Tax Fund .......... 77,938.33
Beach Restoration Fund ....... 6,881.73
Federal Revenue Sharing Fund ..... 6,656.39
10.c.1. Mr. Frank Harris of Ft. Lauderdale asked Council for per-
mission to put up banners arid flags for the opening of the new Jackson-
Byron store in the Delray Mall. The City Hanager read a report from
the Chief Building Official of the City recor~ending denial of the
request for temporary installation of flags and banners. He cited
reasons for denial as being opening the door for many businesses to use
this type of attention sign. At present, this action is against City
ordinance. Council expresse, d their approval of the opinion of the
Chief Building Official. Hr. Saunders moved the request from Jackson-
Byron be denied, seconded by Mrs. Krivos, said motion passing unanimously.
10.c.2. The City Manager reported the City is in receipt of a tax
bill on the Lohrman property in the amount of $1,646.10. He stated
there is a State Law under which the County Comxaission may waive such
a tax bill and requested Council to consider a motion to authorize
the City Hanager to make such a request of the County Co~rmlission. Mr.
Saunders so moved, seconded by Mrs. Krivos, said motion passing unani-
mously.
10.c.3. The City Manager reported the City is in receipt of a
request from the Hamlet for an extension of approval of the site plan
for the tennis center from November 13, 1974 'to November 13, 1975.
Other extensions have been granted and it is recommended this extension
be granted. Mr. Saunders moved the extension be granted, seconded by
Mrs. Krivos, said motion passing unanimously.
10.c.4. Mrs. Kr~vos asked what happened to the police officer who,
acc6rding to the City Charter, should attend each meeting of Council.
The City Manager remarked he felt it might be due to the change of date
of the Council meeting as normally scheduled.
10.c.5. Mrs. Krivos asked why the Barr Property was not inc]_uded
in Item 2 on the Bond Referendum information sheet. V~ce-Mayor Woekes
statcd Council should agree on the form of any further information
sheets to be given to the public.
10.c.6. The City Manager reported Council has received a unanimous
reconnnendation from the members of the Delray Beach llousing Aut}~ority
that the group be abolished, lie suggested this matter be discussed at
a workshop meeting.
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11-1.2-74
10.c.7. Vice-Mayor Weekes introduc~d Mr. Bill Saundcrs and Mr.
Andrew Gent, candidates for Citify Council.
The meeting was adjourned at 9:25 P.M.
City Clerk
APPROVED:
MAYOR
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11-]2-74