10-08-73 161
OCTOBER 8~ ].973
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. on
Monday, October 8, 1973, with Mayor James H. Scheifley presiding, City
Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council
members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F.
Youngblood present.
The opening prayer was delivered by Rev. Frank Crispin.
The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of September 24,
1973, were unanimously ~pproved on motion by Mrs~ Krivos and seconded
by Mr. Youngblood.
4.a. Mayor Scheifley congratulated Vice-Mayor Krivos for the fine
manner in which she handled the meeting of September 24, 1973.
4.b. Mayor Scheifley read a Proclamation proclaiming Halloween,
Wednesday, October 31, 1973, as Meet 'N Treat Day sponsored by the
Delray Beach Jaycees.
4.c. Mayor Scheifley read a Proclamation proclaiming October 1, 1973,
and every October 1st thereafter as Municipal Home Rule Day and pro-
67th District, to be an Honorary Citizen o~ the City of Delray Beach,
sponsored by the Florida League of Cities, Inc.
4.d. Mayor Scheifley read a Proclamation proclaiming Wednesday,
October 24, 1973, as United Nations Day sponsored by the United Nations
Association of the United States of America.
6.a. The City Manager reported the terms of ~wo members of the
Contractors Board of Examiners expire as of October 9,~ 1973. Mr.
Charles E. Toth, a regular member, and Mr. Richard T. Hanna, an alternate
men/ber, have both agreed to serve another 'term if Council so desires.
The new term of office would expire October 9, 1976. Mr. Saunders stated
both gentlemen were very well qualified and moved tkat Mr. Toth and Mr.
Hann~ be reappointed. The motion was seconded by Mr. Youngblood and
passed unanimously.
6.b. City Manager Mariott presented the following two bids received
by the City for the purchase of three pick-up trucks to be used by the
Garbage Collection Division of the Public Works Department:
BIDDER PRICE TRADE-IN NET
Adams Chevrolet Company $ 8,925.00 $ 750.00 $8,175.00
Rich Motors 10,299.39 400.00 9,899.39
The City Manager recommended the bid be awarded to the low
bidder, Adams Chevrolet Company, in the amount of $8,175.00. The budget
provides $8,350.00 for this purpose. Mr~ Weekes moved the low bid of
Adams Chevrolet Company be accepted for the purchase of the three trucks,
seconded by Mr. Saunders and passed unanimously.
162
6.c. The City Manager stated the required legal advertising has
been complied with concerning the Public Hearing for the Assessment
Roll for opening, grading and paving that part of S. W. 7th Avenue from
S. W. 6th Street southward to meet the existing pavement approximately
300 feet south of S. W. 7th Street. The total actual cost has been
determined to be $16,838.50 of which $13,470.80 is to be assessed to
the abutting property owners with the City paying the balance of the
cost, $3,367.70, which is 207'o of the total project in accordance with '
City policy. After the Public Hearing, which would approve the assess-
ment roll, an ordinance will be prepared and submitted for Council's
consideration at a later date.
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. Ther. e being no objections, the Public Hearing
was closed.
6.d. The City Manager stated Council should consider retaining legal
counsel to represent the City in the Hi!!ert zoDing matter. In answer
to Mayor Scheifley's question, the City Manager stated legal action
has been filed against the City in connection with the R. A. Hillert
property, being Lot 1, Tropic Isle Harbor Shopping Center. He further
stated the balance of the .,.and in question has not been involved in
legal action as yet. Mr. Weekes moved that the City Manager be author-
ized to employ Mr. Robert Chapin as counsel for the City. Mrs. Krivos
seconded the motion which passed unanimously.
6.e. City Manager Mariott stated it was recommended that Council
authorize by motion the acceptance, at no cost to the City, of a right-
~ ,~ for ~.ubllc ~'~~ ~ ~' ....
..... ,__,~3,~.-o=--'¥..'ay pu~o=~ for ~ ~~ u~ S ....
22nd Avenue lying between Germanto?na Road and South Congress Avenue.
A sketch was sho%..n~ depicting the location of the paved road extending
in a southeasterly direction. The property consists of a strip of land
80 feet in width in Section 30, Township 46 South, Range 43 East. The
City Manager stated the City would be responsible for maintaining the
paved road involved. Mrs. Krivos moved the acceptance of the right-
of-way deed at no cost to the City for a portion of S. W. 22nd Avenue
lying between Germanto%m Road and South Congress Avenue. Mr. Youngblood
seconded the motion which passed unanimously.
7.a. The City Manager reported Lucy Z. Crenier, 933 Seagate Drive,
has made application to the City for a gratis license to work as a real
estate sales person. Satisfactory evidence for such a license has been
furnished the City and approval is recommended. Mr. Saunders so moved,
seconded by Mr. Youngblood which mo~ion passed unanimously.
7.b. The City Manager stated the City's Solicitation Committee has
recommended approval of the application submitted by the Atlantic High
School Pep Club for permission to solicit funds cn October 13, 1973.
All requirements have been met and Council approval is recommended.
Mr. Saunders moved that permission be granted to the Atlantic High
School Pep Club to solicit funds on October 13, seconded by Mr. Young-
blood, said motion passing unanimously.
7.c. City Man~ger Mariott reported the City's Solicitation Committee
has recommended approval of the application of the Seventh Day Adventist
Church (Daughter of Zion) for permission to solicit funds from November
!0 through Nove~r~er 24, 1973 nil City requirements have been met and
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10-8-73
163
Council approval is recommended. Mr. Youngblood moved to sustain the
recommendation of the Solicitation Committee, seconded by Mr. Saunders,
which motion passed unanimously°
8.a. The City Manager presented Resolution No. 44-73.
A RESOLUTION OF T?~ CI~i~J COUNCIL OF T~[E CI'i~f OF
DELRAY BEACi-t, FLORIDA, VACkATING D~ND ABA~TDONING
~{E NO'~TH-SOUTT.-I SIXTEEN FOOT ALLEY LYING BE%tEEN
LOTS 1 THROUGIt 4 A~D LOTS 37 AND 64, McGINLEY &
GOSMAN' S SUBDIVISION.
(Copy of Resolution No. 44-73 is attached to the official
copy of these minutes.)
A sketch was shown depicting the location of the north-south
sixteen foot alley lying between Lots 1 through 4 and I,ots 37 and 64,
McGin!ey & Gosman's Subdivision.
The City Manager explained the o%.mers of the property were deeding to
the City a 38 foot strip of 5 foot utility easement property to compen-
sate for the abandonment of the alley. He further sta~ed two actions
were required by Council: the first is passage of Resolution No. 44-73
which would abandon the north-south alley~ the second is a motion
accepting an easement deed for the smaller parcel of ].and. Mrs. Krivos
moved for the passage of Resolution No. 44-73, seconded by Mr. Saunders.
Upon roll call, Council voted as follows:
Mrs. Krivos Yes
Mr. Saunders Yes
Mr. Weekes Yes
Mayor Scheifley Yes
Mr. Saunders moved to accept the easement deed for the 38 foot strip cf
property, seconded by Mr. Youngblood. Upon roll call, Council voted as
follows:
Mrs. Krivos Yes
Mr. Saunders Yes
Mr. Youngblood Yes
Mr. Weeke s Yes
Mayor Scheifley Yes '.
8.b. The City Manager presented Resolution No. 45-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING CIT~ GUIDELIL~ES
PERTAINING TO AN AGREE~Nz AS SET OUT IN RESOLU-
TION NO. 14-73 FOR USERS OF INTERIM TREAT~ENT ..
PI~ANTS FOR SEWAGE PURSUANT TO GUIDELINES ESTA-
BLISHED BY 57-tE FLORIDA DEPART~V~NT OF POLLUTION
CONTROL AL~D THE AREA PLANNING BOARD OF PALM
BEACH COUNTY.
(Copy of Resolution No. 45-73 is attached to the official
copy of these minutes.)
The City Manager explained Council passed Resolution No. 14-73
on March 26, 1973, adopting guidelines for the installation of package
10-8-73
164
sewage treatment plants. That resolution had attached to it a document
entitled "Interim Sewage Treatment Plant Agreement for City of Delray
Beach". The document w~s twofold: one - it set forth the guidelines
with which applicants must comply in order to install a package plant;
and two - it served as an Agreement between the City and the applicants
for the installation of the plant and the fees to be paid by the appli-
cants for the City's operation of the plant. The Agreement was based
on the Area Planning Board's approval of package plants down to a
50,000 gallon per day minimum cap~city size. The City subsequently
received permission ~from the Area Planning Board to lower the minimum
size from 50,000 gallons per day to 2,000 gallons per day. Resolution
No. 45-73~ if adopted, will adopt guidelines for package plant instal- --
lations that would be supplementary to those already on the books by
the City, but would not supplant the original Agreement. The Resolution
under consideration also provides for more stringent regulations with
respect to location and operation of package plants. Mayor Scheifley
questioned whether or not. a possible proliferation of smaller package
plants would cause am~ ad~ninistrative problem or necessitate the hiring
of additional Ci.~y personnel. The City Manager replied these possibili-
ties would depend on the number of plants installed and at the present
time, there is no method of determining the nunfoer that will be installed.
The City Manager stated the fees to be charged the users are designed
to cover any possible added costs to the City. He further stated a
2,000 gallon plant would serve approximately 8 units while the 50,000
gallon plant would serve approximately 150 units. Further discussion
ensued with the City Manager explaining other aspects of the package
plants to be installed in the City. Mr. Weekes moved for the adoption
of Resolution No. 45-73, seconded by Mr. Youngblood. Upon roll call,
Council voted as follows:
Mrs. Krivos Yes
Mr. Saunders Yes
Mr. Weekes Yes
Mr. Youngblood Yes
Mayor Scheifley Yes
8.c. The City Manager presented Resolution No. 46-73°
A RESOLUTION OF ?~,~E CITY COUNCIL OF THE CITY OF
DELRAY BEACi-I, FLORIDA, VACATING AA,iD ABAL~ONING
ALL EASEME~TS AS SHO?~? ON LOTS 5A - 6A - 7A -
8A- 9A- 10A- llA- 12A, OF REPLAT OF LOTS
17 - 31, INCLUSIVE, OF TROPIC PAI~S, PLAT NO. 1,
DELRAY BEACH ~ FLOP. IDA.
(Copy of Resolution No. 46-73 is attached to the official
copy of these minutes.)
A sketch was projected depicting the location of proposed
abandonment of easements in Tropic Palms Subdivision listed as follows:
All easements as sho%~n on Lots SA, 6A, 7A,' SA, 9A, 10A, llA, 12A of
Replat of Lots 17 - 31, inclusive, of TroPic Palms, Plat No. 1, Delray
Beach. The property was or~ginaily platted for single family use which
n~cessitated the easemcnts~ the use of the property for a church site
would not require the provision for utility easements. The City
Mana¢~er recommended that Counct! abandon the easements subject to the
City's receipt of "no objection" letters from Southern Bell Telephone
and Telegraph Company, Florida Powcr and Light Company and Florida
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10-8-73
165
Public Utilities Company. Mayor Scheifley asked if the church would
be permitted under Conditional Use in this area and whether or not
the church committee had made proper appl-[caticn for such use. Rev.
Frank Crispin answered the church had be<~n attempting for two years
to make proper application, but had been told they had to have a
building permit prior to making such application. He indicated they
would make whatever arrangements necessary to facilitate their progress.
The City Manager stated the City Attorney advised him the church must
h~ve Conditional Use approval prior to any further action. He suggested
the information be received and held for action simultaneously with
approval of Conditional Use. Rev. Crispin was asked to see the City
Manager as soon as possible for the help he required to follow proper
administraeive procedure. Mr. Jack Rollins from Boca Raton spoke from
the floor reiter~.ting their attempts to follow procedure. Resolution
No. 46-73 was tabled.
8.d. ~-~e City Manager expl~ined th_at Ordinance Nos. 27-73, 30'-73,
31-73 and 32-73 were passed on f-'.'rst rea~ing by Council a~ a prior
meeting. However, passage of the new Home Rule Act at the last session
of the legislature requires these Ordinances to be placed on first read-
ing again in order to allow sufficient lead time for advertising the
Ordinances prior to passage on second and final reading. He further
stated all of the Ordinances had been passed unanimously on first
reading. The City Attorney added the Dew procedure requires the City
to advertise for fourteen (14) days prior to passage. He also stated
the new procedure would make the Ordinances effective !0 days after
passage rather than the previous 30 days. Discussion will be held in
Council workshops concerning other aspects of the new law, i.e.,
whether or not amendments can be made, advertising prior to the consi-
deration of the ordinances, etc.
The city Manager presented Ordinance No. 27-73.
AN ORDILU~NCE OF %~-LE CITY COUNCIL OF T~E CITY OF
DELRAY BEACH, FLORIDA, A/C~h!DING CM~APTER 29 "ZONING"
OF THE CODE OF OP~3I!~ANCES OF 17~E CITY OF DELPJaY
BEACH, AS A~ENDED, FURTheR ~2~ZENDING C}~_APTER 29
"ZONING" BY ADDING A NEW ZONING DISTRICT TO BE
KNOWN AS CENTP~AL BUSI~JESS DISTRICT (CBD) AL~D PRE-
SCRIBING 1TIE USES PEZa~ITTED TI-~REIN; AA!D AI.~_ENDING
SECTION 29-2 "DISTRICT A!~-D BOUN~DARIES'' TO INCLD~DE
THE NEW CBD DISTRICT; REPEALING ALL ORDINANCES OR
PARTS OF Ot~DINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVING CLAUSE; PROVIDING A PENALS~f CLAUSE.
Mr. Saunders questioned the permitted uses in Ordinance No.
27-73, citing the omission of travel services and attorneys. After
discussion, it was the opinion of Council that the Ordinance should be
further researched with the Planning and Zoning Board and the Council
workshop in order to comply with the new Home Rule Act. Mr. Ernest
Schier asked the general boundaries of the Central Business District.
Mayor Scheifley and the City Clerk outlined the boundaries and explained
further it involved the Downtown Development Authority taxing district.
Ordinance No. 27-73 was tabled.
8.e. The city Manager presented Ordinance No. 30-73.
AN ORDILV~NCE OF %~-iE CITY' COUNCIL OF THE CITY OF
DELRAY BEACII, FLORIDA, ~ENDING CILAPTER 4
-5-
10-8-73
166
"ALCOI{OI, IC BEVEP~AGES" OF TIIE CODE OF ORDINANCES
OF THE CITY OF DE~?CAY BEACtt, AS 7CiEAIDED, BY
E r -
ANti, DING S~CTION 4-6 PERTAINING TO POSSESSION
OF AN' OPEN CONTAII,~ER BEING PRI~,'L~ FACIE EVIDENCE
OF CONSU74PTION; REPEALING ALL O1LDIR~rANCES OR
PARTS OF OP~DiI,~NCES IN CONFLICT t~EREWITH; PRO-
VID ING A SAVING C/~XU~,E; PROVIDING A PENALTY CLAUSE.
Mr. Weekes moved for the adoption of Ordinance No. 30-73 on
first reading, seconded by Mrs. Krivos. Upon roll call, Council voted
as follows:
Mrs. Krivos Yes
Mr. Saunders Yes
Mr. Weeke s Yes
Mr. Youngblood Yes
Mayor Scheifley Yes
8. f. The City Manager presented Ordinance No. 31-73.
AN ORDINANCE OF 57IE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, A~,~S~i-DING CH~PTER 1 "GEL~ERAL
PROVISIOi,~S" OF 57~E CODE OF OPSDILANCES O.F THE CITY
OF DELRA¥ BEACH, AS A2~NDED, BY A24Eb~DING SECTION
1-6.1 PERTAINI[qG TO A MINIMUM COURT COST; REPEALING
ALL ORD!,_..z~.~,_~CEo OR PARTS OF ORDINANCES IN CONFLICT
· HEREWI57-t; PROVIDI_~[G A SAVING CLAUSE.
Mrs. Krivos moved for the passage of Ordinance No. 31-73 on
first re~ ....... ~ '~,~ ~.- v~,~~ !,~r~n ro].~ ~=]~ ~,~
voted as follows:
Mrs. Krivos Yes
Mr. Saunders Yes
Mr. Weekes Yes
Mr. Youngblood Yes
Mayor Scheifley Yes
8__~ The City Manager presented Ordinance No. 32-73.
AN ORDINANCE OF THE CITY COUNCIL OF TFE. CITY OF
DELRAY BEACH, FLOPd3DA, REZONING ALA% PLACING LOT
28, DEL-}LARBOUR SUBDIVISION, IN "P~M-15 MULTIPLE
FAMILY DWELLING DISTRICT", AND A~ELrDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1972".
Mr. Weekes moved for the adcption of Ordinance No. 32-73 on
first reading, seconded by Mr. Saunders. Upon roll call, Council
voted as follows:
Mrs. Krivos ' Yes
Mr. Saunders Yes
Mr. Weekes Yes
Mr. Y oungblood Yes
Mayor Scheifley Yes
8.h. The City Manager presented Ordinance No. 33-';'3.
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10-8-73
167
AN ORDINANCE OF TIlE CI~IY COUNCIL OF TtlF. CITY OF
DEIJPd~Y BEACtI, FLORIDA, I~.EZONi[!:;G AL~D PLACING
PRESENTLY ZO~-[ED R-lA A~:D l~,,b-]_5 L~NDS ON EACH SIDE
OF WEST ATi~INTIC AVE}f~UE FROM. 200 TO 250 FEET ON
EACH SIDE OF AT~}:~TIC AVENUE BE%%~EN S. W. 3~
AVENUE AND S. W. 14TH AVENUE Ai, TD FROM THE NORTH-
SOU%It ALLEY IN BLOCK 20 TO N. W, 14~I AVENIE, IN
"C-1 LIMITED CO~.IERCIAL DISTRICT" 2~D A~.'~i>~DING
"ZONIIfG !~P OF DELRAY BEAC!t, FLORIDA, ].972".
The City Manager stated the Ordinance changed the zoning
classifications from R-iA and RM-]_5 to C-1 Limited Commercial District
from 200 to 250 feet on each side of A%lantic Avenue between S. W.
3rd Avenue and S. W. 14th Avenue and f~m the north-south alley in
Block 20 to N. W. 14th Avenue. The Planning and Zoning Board recommended
passage of this Ordinance by a vo-he of 5 to 1. Mr. Youngb!ood moved for
the adoption of Ordinnnce ~'o. 33-73 on first re~ding, seconded by Mrs.
Krivos. Upon roll call, Council voted ~s follows:
l,~rs. Krivos Yes
Mr. Saunders Yes
Mr. Weekes Yes
Mr. Youngblood Yes
Mayor Scheifley Yes
City Manager Mariott stated consideration had been given by
Council to changing the zoning of a portion of 5th Avenue from Neighbor-
hood Commercial and RM-15 Multiple Family Dwelling to Commercial. The
Planning and Zoning Board has not made a final decision on this matter.
Mr. Youngblood reported the residents of the area in question are in
accord ~,;ith thc rczoning to Ccmmcrcial.
The City Attorney confirmed the above Ordinances all comply
with the new Home Rule Act and would be considered again in the second
meeting of Council in October.
8. i. The City Manager presented Ordinance No. 34-73.
~ O~INANCE OF T~ CITY COUNCIL OF THE CI~ OF
DEL~Y BEACH, FLOR~A, ~NDING C~PTER 29 "ZONING"
OF T~ CI~'S CODE OF O~INANCES BY ~DiNG SUBSECTION'
29-7 (A) (2) (x) PE~,~ITTING "PET GROOMING" AS A PER-
MITTED USE IN ~IE C-1 LIMI~D CO[~RCIAL ZONING ·
DISTRICT.
City Manager Mariott stated the Planning and Zoning Board had
recommended passage of this Ordinance by unanimous vote and it had been
discussed by Council at workshop. Mr. Weekes moved the adoption of
Ordinance No. 34-73 on first reading, seconded by Mr. Saunders. Upon
roll call, Council voted as follows:
Mrs. Krivos Yes
Mr. Saunders Yes
Mr. W~ekes Yes.
Mr. Youngblood Yes
Mayor Scheifley Yes
8.j. ~e City Manager presented Ordinance No. 35-73.
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10-8-73
165
AN' OiU}INANCE OP 'P~E CIT~ COUNCIL OF Tt~ CITY OF
DELPOiY L~..,.~C,.i, FLORIDA, A},iENDING CHAPTER 29 "ZONING"
OF T. ilE Clql~'e CODE OF ORD.[N~N~ES BY AMENDING SUB-
SECTION 29-4 (~.~) (1) PERIAI,~d. NG TO ACCESSORY USES
OF SINGLE FAMILY DWELLINGS.
City Manager Ma]..zotu stated p~ssage of this Ordinance was
reco~nended by the Planning and Zoning Board by unanimous vote and it
has been discussed by Council. He further stated the Ordinance pro-
vides a listing of accessory uses that are permitted in single family
zoning districts, hr. Youngblood moved for the adoption of Ordinance
No. 35-73. Discussion ensued concerning the differentiation between
guest cottages and guest houses. The City Manager reported it has been
decided guest cottages would be a permitted, u
ce, the distinction being
a guest cottage is used for guests wikhout payment of rent while a guest
house is used for monetary gai'~n by the ee~er. It was ascertained that
any of the permitted uses.. J.n the Ordinance could conceivably be abused,
but the list should remain as prepared. P~,r. Saunders seconded the
motion. Upon roll call, Council voted as follows:
Mrs. Krivos Yes
" Mr. Saunders Yes
Mr. Weeke s Yes
Mr. Youngb lood Yes
Mayor Scheifley Yes
10.a. The following Biils for Approval were unanimously approved for
payment on motion by Mr. Youngblood and seconded by Mr. Saunders.
General ..... -~ $~8 ~-~ ~
Water and Sewer Fund .......... 182,798,74
Special Assessment Fund ........ 14,529.00
Refundable De:posits Fund ........ 2,855.
Disaster Trust Fund .......... 30,000.00
Improvement Trust Fund ......... 2,224.80
Beach. Restoration Fund . . : ...... 119,566.77
Federal Revenue Sharing Fund ...... 1,618.75
Lowson Blvd. W&S Project Fund ..... 841,990.96
10.b.1. The city Manager informed Council the Legislature during the
last session passed a law reestablishing November llth as the official
holiday to be observed as Veteran's Day in Florida. Since November llth
falls on a Sunday, the City will observe Monday, November 12th as the
official City holiday. The City Manager recommended Council hold its
first meeting in Noven~er on Tuesday, November 13th, at 7:30 P.M. Mr.
Saunders so moved, seconded by Mr. Youngblood, said. motion passing
unanimously. The City Clerk was requested to remind all Council members
the week prior to this meeting.
10.b.2. The City Manager presented a request from Mr. Ellis Chingos,
developer of the Delray Shopping Mall. In 1968 Mr. Chingos provided
the City with an easement deed for utility purposes across a portion of
the land that is now under ~tcvelopment. The location of that easement
is, in part, under certain buildings planned for the development. The
request is for abandonment of a portion of the present easement and
acceptance by the City of an e:sement deed for relocation. The City
Manager recommended Council approve the City Attorney's preparing a
Resolution for consideration at the next meeting. Mrs. Krivos moved
the City Attorney be authorized to draw up a Resolution abandoning
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10-8-73
169
portion of the present easement and accepting an easement in another
location to the City of Delray Beach. Mr. Saunders seconded the motion
which passed unanimously.
10.b.3. The City Manager reported on the Water Quality Management Plan.
A public hearing was held on the final plan in West Palm Beach on October
5, 1973 by the Area Planning Board. The plan incorporated five alter-
nates as far as o%.~ership, operation and maintenance of the water and
sewage facilities in Palm Beach County. The consultant to the Area
Planning Board has recommended one of the five alternates which is the
most objectionable plan to the City Council of Delray Beach. City
Manager Mariott stated he attended the hearing and represented the
position of Delr~y Beach, pointing out to the Board what the adoption
of the plan would do. The Board members were evidently unaware of
some of the requirements contained in the recommended plan. After dis-
cussion by others attending the hearing, the Area Planning Board post-
poned adoption of the plan. The five slternates will be considered
again sometime in late October.
The meeting was adjourned at 9:25 P.M.
-9-
RESOLUTION NO. 44-73.
A RESOLUTION OF THE CIUL~f COUNCIL OF TItE CITY OF
DELF~AY BEACH, FLORIDA, VAC2%TING AI~D ABANHDONING
THE NORTH-SOU'iT-t SIXTEEN FOOT ALLEY LYING BE~fEEN
LOTS 1 TttROUGH 4 AI,,nD LOTS 37 AND 64, McGINLEY
GOS~'L~N~S SUBDIVISION.
WI-~REAS, F. Earl Wallace, Jr. and J. D. Stetson Coleman, owners
of Lots 1 through 4, 37 and 64, McGinley & Gosman's Subdivision, as
appears in Plat Book 2, Page 87, Public Records of Palm Beach County,
Florida, have petitioned the city of Delray Beach for abandonment of
the North-South 16 foot alley lying bet~,~een Lots 1 through 4 and Lots
37 and 64, McGinley & Cosman's Subdivision; and,
WHEREAS, this matter was referred to the Planning and Zoning
Board and after due consideration, they recommended that same be aban-
doned subject to a five foot (5~) public utility easement being re-
tained; and,
%~-IEREAS, the City Council deems it to be in the best interest
of the City to abandon said North-Sou~ ~lley in McGin]ey & Gosman's
Subdivision,
NOW, T~LEREFORE: BE IT RESOLVED BY Ti~E CITY COUNCIL OF THE C~TY
OF ~F. LTCA¥ BEACH,. FLORIDA:
1. That pursuant to Section Seven (7), Paragraph Three (3) of
'the Charter for the City of Delray Beach, Florida, it is hereby deter-
mined to v~cate and abandon the following described right-of-way:
The North-South sizteen foot alley lying
between Lo'[:.s i through 4 and Lots 37 and 64,
McGinley & Gosman's Subdivision, as appears
in Plat Book 2, Page 87, Public Records of
Palm Beach County, Florida.
PASSED A~U0 [-~OP'i~ED in regular session on this the 8th day
of October , 1973.
ATTEST:
city C].erk ~/L?~r~3
169B
RESOLUTION NO. 45-73
A RESOLUTION OF TItE CITY_ COUNCIL OF THE CITY
OF DELI%AY BEACH, FLORIDA, APPROVI~[G CITY GUIDE-
LINES PERTAI~I~iG TO AN AGP, EEMf~NT AS SET OUT IN
RESOLUTIOI'[ ~70. 14-73 FOR USERS OF INTERIM TREAT-
MENT PLAI:!TS }['OR SEWAGE PUI~SUANT '.PO GU~E LILIES
ESTABLIS[[ED BY TiIE FLORIDA DEPARTMENT OF POLLU-
TION CONT]/OL AbTD THE AREA P!J:5.~iNG BOAPdD OF PALM
BEA C7I COUN~I.
?~tEREAS, the City Council by Resolution No. 14-73 approved
tmn agreement (including installation guidelines) to be executed
with users of interim treatment plants; and,
WHEREAS, the Area Planning Board has approve~ instal].ation
of interim package sewage treatment plants of 2,000 gallons per
day minimum - -
c~p~cicy in the Delray Beach Service Area; and
V~PRAg~ ~ha C~ty Administration has recommended adoption
of supplementary guidelines to be used in the approval of all in-
terim tre~tmen~~ ~ plants,
NOW, ~EREFORE, BE IT Ot~DAII~D BY ~E CI'~ CO~IC~L OF THE
CI~ OF DEL~iY BEACH, FLORIDA, AS FOLLOWS:
1. That the attached exhibit titled "Supplementary Guide-
lines For Design And Installation Of Interim 'Package'
Wastewater Treatment Facilities" shall be supp!emen-
tary to the guidelines approved by Resolution No. 14-73
and shall be used by the City Administration in entering
into "Interim Sewage Pl~ts" Agreements.
2. This Resolution shall take effect immediately upon
adoption.
PASSED Ak~ ~OPTED in regular session on this the 8th
day of October 1973.
ATTEST :,
169C
CITY OF DEL!iAY BEACH'
SUP PIJEI~gN TARY GUIDELINES
FOR DESIGN Ai'~) iNSTALLATiON OF
INTERIM "PAC~IGE" WASTEWATER
TREAT~,~NT FACILITIES
In addition to the "Local Guidelines for Installation and Operation
of Interim 'Package' Waslewater Treatment Facilities" titled "interim
Sewage Treatment Plant Agreement for City of Delray Beach, Florida"
approved by City Resolution No. 14--73 on March 26, 1973, the follow-
ing Supplementary Guidelines are provided for the information and
compliance of all concerned. These Supplementary Guidelines are in-
tended to assist in the implementation of existing Guidelines and to
modify same in certain respects.
1. Before applying for permit to construct new interim waste-
water treatment facilities, the applicant must exhaus% all possi-
bilities for negotiation with other developers or b.uilders in the
same general area, for possible joint development and use of existing
or planned wastewater treatment facilities~ . It is most desirable that
the number of such facilities be kept to a minimum insofar as possible.
2. No wastewater treatraent facility shall be so located as to
constitute an unrea~sonab!e nuisance to neighboring properties by
re~.~c,n of noise~ o~or: er ~ny ot.~.er ca~]se, Suitable buffer zone must
be provided to suit the conditions of each individual installation
in order to minimize the probability of such nuisances.
3. It wil]_ be the responsibility of the applicant to notify
appropriate neighboring property ovn~ers of his intent to install
wastewater treatment facilities in sufficient time for said property
o%maers to register any objections thereon to the City Engineer prior
to the granting of a permit for installation of said facilities.
4. The following guideline specifications will apply to all
interim washewater plant designs:
a. Plans and specificatiOns must be prepared, signed and
sealed ]Dy a Florida registered Professional Engineer,
qualified in sanitary design.
Upon completion of the installation and prior to
acceptance by the City, the engineer of record will
provide a certificate of completion in accordance
with the approved plans and specifications, or certified
record drawings showing any "as built" modifications.
bo Wl~en an i. nte~im wastewater treatment facility requires
the .installacion of a temporary pump':ng station, a
common power source and control center will be provided
for the treatment plant and pumping station. The control
panel will be equipped with an emergenc~ power receptacle
confo~.]ing to the City of Delray Beach standards. In
addition, a portable emergency power generator of
169D
suitable size and capacity will 'be supplied to the City
for use with each interim pi_ant and its temporary
pumping station.
However, in installations of small treatment plants, not
requiring pumps for continuous flow, the provision for
emergency power will not be required.
c. An alarm transmitter compatible with the City's leased-
wire system will be provided for each treatment plant-
pumping station installation.
d. All treatment plants will be provided with sludge-removal
facilities and suitable vehicular access roadway to
accomplish sludge removal by motor vehicle.
e. For some installations, a comminutor may be required,
subject to the service capabilities and requirements
and at the option of the City Engineer.
f. Each treatment facility requiring monitoring of sewage
flow will be provided with a meter wi%h 7-day recorder
chart and %ohalizer at the option of gte City Engineer.
g. In those installations requi~ing recirculation of sludge,
a sludge flow meter and variable controls will be pro-
vided, if so required by the City Engineer.
h. If at any time during operation period, %he need for
chlorination -
the Developer shall provide the stipulated equipment
without cost to the'City.
5. ~en the facilities are completed and ready to be turned
over to the City for maintenance and operation, the Developer will
arrange for a "start-up test" to be conducted by the equipment manu-
facturer's representative, accompanied by the Developer's engineer
and the City Engineer or his representatives.
6. Prior to acceptance by the City, the following will be pro-
vided by the Developer:
a. Manufacturer's manual of operation and maintenance.
An appropriate list of parts and equipment that may be
required for proper maintenance.
c. A supply of spare parts or equipment items of a sensi-
tive nature, based upon the manufacturer's recommenda-
tions.
d. A certificate of warranty or guarantee from the manu-
facturer and Developer for a minimum period of one year
from the date of acceptance, by the Cihy.
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i69E
7. The month!iT operation and maintenance charges to be paid
to the City by the Developer for all plants of less than 10,000 gallons
per day design capacity shall be as follows:
At least 9,000 gpd but less than 10,000 gpd $270.00
" " 8,000 gpd " " ~' 9,000 gpd 240.00
" " 7,000 gpd " " " 8,000 gpd 210.00
" " 6,000 gp~. " " " 7,000 gpd 180.00
" " 5~000 gpd " " " 6,000 gpd 150.00
" " 4', 000 gpd " " " 5,000 gpd 120.00
" " 3,000 gpd " " " 4,000 gpd 90.00
" "' 2,000 gpd " " " 3,000 gpd 60.00
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169F
RESOLUTION NO. 46-73.
A RESOLUTION OF THE CITY COU~CIL OF T~IE CITY
OF DELRAY BEACH, FLORlqDA, VACATING AND ABAN-
DONING ALL EASEMENTS AS SHOWN ON LOTS 5A - 6A -
7A - 8A - 9A - 10A - 1lA - 12A, OF REPLAT OF
LOTS 17 - 31, iNCLUSiVE, OF TROPIC PALMS, PLAT
NO. 1, DELRAY BEACH, FLORI~DA.
WHEREAS, Gold Coast Church of Christ, Inc., owners of Lots 5A -
6A - 7A - 8A - 9A - 10A - llA - 12A, of Replat of Lots 17 - 31, in-
clusive, of Tropic Palms, Plat No. 1, Delray Beach, Florida, as
recorded in Plat Book 25, Page 134, Palm Beach County, Florida, has
petitioned the City of Delzay Beach for abandonment of all easements
shown thereon; and,
WHEREAS, the City Council deems it to be in the best interest
of the City to abandon said easements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That, pursuant to Section Seven (7), Paragraph Three (3),
of the Ch~ for the City
determined to vacate and abandon the fcliowing easements:
All easements as shown on Lots 5A - 6A - 7A - 8A -
9A - 10A- llA- 12A, of Replat of Lots 17 - 31,
inclusive, of Tropic Palms~ Plat No. 1, Delray
Beach, Florida, as recorded in Plat Book 25, Page
134, Palm Beach County, Florida Public Records.
PASSED AND ADOPTED in regular session on this the day
of , 1973.
MAYOR
AT~k~ST:
Clerk