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Res 47-91 RESOLUTION NO. 47-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING FORTH ITS POSITION OF INTENSE OPPOSITION TO THE PROPOSED BALLOT LANGUAGE AND REVISIONS TO ARTICLE VII OF THE PALM BEACH COUNTY CHARTER REGARDING THE JURISDICTION, AUTHORITY AND DUTIES OF THE PALM BEACH COUNTY-WIDE PLANNING COUNCIL. WHEREAS, the City Commission of the City of Delray Beach, Florida, previously adopted Resolution 105-90 opposing the Palm Beach County-wide Planning Council's jurisdiction and authority to impose policies which are not directly related to interjurisdictional incompatibilities regarding land use designations; and, WHEREAS, the Palm Beach County Board of County Commissioners has subsequently proposed ballot language and revisions to Article VII of the Palm Beach County Charter regarding the jurisdiction, authority and duties of the Palm Beach County-wide Planning Council; and, WHEREAS, the City Commission of the City of Delray Beach, Florida strongly objects to the proposed ballot language, which is extremely misleading; and, WHEREAS, the City Commission of the City of Delray Beach, Florida strongly objects to the proposed revisions to Article VII of the Palm Beach County Charter regarding the jurisdiction, authority, and duties of the Palm Beach County-wide Planning Council; and, · WHEREAS, the City Commission of the City of Delray Beach, Florida desires to transmit its adamant objections to the Palm Beach County Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. All the recitations set forth above are incorporated herein. Section 2. That the City of Delray Beach, Florida strongly opposes the proposed ballot language which misleads the citizens of the City of Delray Beach and Palm Beach County. The proposed language inappropriately misleads the public by stating that the purpose of the referendum on the Charter Revisions is simply to affirm and clarify the authority, jurisdiction and duties of the Palm Beach County-wide Planning Council, when, instead, it is plain that these revisions create far reaching and significant changes to the authority, jurisdiction and duties of the Palm Beach County-wide Planning Council. Section 3. That the proposed Palm Beach County Charter revisions regarding the Palm Beach County-wide Planning Council represent extreme and significant changes to the original Charter: by allowing the Planning Council to include goals, objectives, and policies in the so called "Land Use Element", which may be included in any other Comprehensive Plan elements; by granting the Planning Council authority over all land development regulations, significantly increasing its jurisdiction by deleting all reference to a "composite plan" and affording no protection to plans which are in compliance and already approved by the Department of Community Affairs (DCA); by inappropriately giving the Planning Council authority to implement the Land Use Element, thus, usurping the zoning authority of local governments, and by providing for an illusory repeal provision which is controlled strictly by the Board of County Commissioners, all of which represent significant expansion of the authority, jurisdiction and duties of the County-wide Planning Council from that which was originally set forth in the original Palm Beach County Charter language. Section 4. That the expansive extension of the authority, jurisdiction and duties of the Palm Beach County-wide Planning Council reflected in the proposed Palm Beach County Charter revisions confirm the view of the City of Delray Beach, Florida, expressed in Resolution 105-90, that the Palm Beach County Charter which created the County-wide Planning Council did not originally provide for the now proposed far reaching authority of the County-wide Planning Council and that the Palm Beach County-wide Planning Council has, indeed, far exceeded its authority and jurisdiction as set forth in the original Charter language. Section 5. That the proposed extensive revisions to the Palm Beach County Charter regarding the Palm Beach County-wide Planning Council constitute an admission by Palm Beach County that the County-wide Planning Council has far exceeded its jurisdiction and authority as set forth in the original Charter language. Section 6. That the City of Delray Beach, Florida strenuously objects to the misleading ballot language and adamantly opposes the Charter revisions as proposed. Section 7. That the City of Delray Beach hereby transmits to the Palm Beach County Board of County Commissioners its strongly held objections to the proposed ballot language and revisions to Article VII of the Palm Beach County Charter regarding the Palm Beach County-wide Planning Council. PASSED AND ADOPTED in s~e_~q~.'al session this the 4th day of June 1991. /J MA~ ATTEST: city-cler~ .... -~ ! 2 RES. NO. 47-91 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 4, BLK 1, ROSEMONT PARK, WILLIE J. SPELLS JR. $ 18.00 DELRAY, PB 13, P 60, PUBLIC 5311 WOODLAND DRIVE 15.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33484 2.77 (RECORDING) (615 SW 5TH AVENUE) $ 35.77 LOT 1, BLK 2, LAKE IDA SHORES, ROBERT L & BERTHA M. $ 50.00 PB 25, P 54, PUBLIC RECORDS, RICHWAGON (H&W) 70.00 (ADM. COST) PALM BEACH COUNTY, FL 246 NE 17TH STREET 2.77 (RECORDING) (LAKE SHORE DRIVE) DELRAY BEACH, FL 33444 $122.77 LOTS 1 & 2, BLK 1, COLONIAL BETHAL EVANG.CHURCH, INC. $ 88.50 HEIGHTS, PB 25, P 217, PUBLIC CO FRANCK FRANCOIS 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 704 SOUTH SWINTON AVENUE 2.77 (RECORDING) (SW 8TH COURT & SW 8TH AVE) DELRAY BEACH, FL 33444 $161.27 'LOTS 19 & 20, BLK 5, SUB. OF RAYMOND & DIANE $ 58.00 BLK 5, PB 23, P 72, PUBLIC MANGICAPRA (H&W) 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 5300 W. ATLANTIC AVENUE 2.77 (RECORDING) '(43 & 47 SW 8TH AVENUE) DELRAY BEACH, FL 33445 $130.77 LOT 16, BLK 3, DELRAY SHORES, LUCKNER TELUSME & DENISE $ 60.00 PB 24, P 233, PUBLIC RECORDS, MONVIL & MICHEL TELUSME 70.00 (ADM. COST) PALM BEACH COUNTY, FL 1 SE DOLPHIN DRIVE 2.77 (RECORDING) (633 DOLPHIN DRIVE) DELRAY BEACH, FL 33445 $132.77 LOTS 23 & 24, BELLVIEW COURT, THOMAS E.ACHESON,JAMES P $ 49.00 PB 11, P 45, PUBLIC RECORDS, COGSWELL & R. C. CREESE 70.00 (ADM. COST) PALM BEACH COUNTY, FL 114 SW 9TH STREET 2.77 (RECORDING) (114 SW 9TH STREET) DELRAY BEACH, FL 33444 $121.77 LOT 8, BLK 3, BELLVIEW MANOR, JOHN A. CUNNINGHAM $ 52.50 PB 24, P 54, PUBLIC RECORDS, 4667-A ORLEANS COURT 70.00 (ADM. COST) PALM BEACH COUNTY, FL W. PALM BEACH, FL 33415 2.77 (RECORDING) (12 SW 8TH COURT) ~125.77 LOT 12, BLK 4, NORTHRIDGE, DEBRA CLARK $136.00 PB 23, P 168, PUBLIC RECORDS, 2011 NE 2ND AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.77 (RECORDING) (2011 NE 2ND AVENUE) ~208.77 -3- Res. No. 45-91 LOT 12, LINCOLN ATLANTIC PARK LOUISE APPLEWHITE $129.00 GARDENS, PB 14, P 63, PUBLIC 147 SW 14TH AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.77 (RECORDING) (145/147 SW 14TH AVENUE) $201.77 W 1/2 LOT 7, BLK 30, TOWN OF ALBERT MARTIN $ 28.00 DELRAY, PB 1, P 3, PUBLIC MARYLIN S. BARON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL P.O. BOX 414002 2.77 (RECORDING) (SW 5TH AVENUE) MIAMI, FL 33141 $100.77 LOT 11, BLK 1, ROSEMONT PARK, TOMMY PRESTON $ 40.00 PB 13, P 60, PUBLIC RECORDS, 140 NW llTH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.77 (RECORDING) (SW 5TH AVENUE) $112.77 LOT 5, BLK 61, (OLD SCHOOL KENNETH & CHARLOTTE $ 12.00 SQUARE HISTORIC DISTRICT), DURANTE (H&W) 70.00 (ADM. COST) TOWN OF DELRAY, PB 1, P 3, 2188-D W.ATLANTIC AVE.gB 2.77 (RECORDING) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 $ 84.77 COUNTY, FL ~ (15/17 SW lST AVENUE) LOT 11, BLK 38, RESUB OF S 1/2 BEULAH HUNTER $ 40.00 'OF BLK 38 & N 1/2 OF BLK 39, 248 NW 14TH AVENUE 70.00 (ADM. COST) PB 11, P 34, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.77 (RECORDING) PALM BEACH COUNTY, FL $112.77 (SW 4TH AVENUE) LOT 22, SUNSET PARK, PB 12, DAVID Z. EUNICE $ 24.00 P 65, PUBLIC RECORDS, PALM 31 MILLER ROAD 70.00 (ADM. COST) BEACH COUNTY, FL LAKE WORTH, FL 33461 2.77 (RECORDING) (1010 SUNSET AVENUE) $ 96.77 S60' OF N 140' OF W140.6' OF LILLIAN MUNNINGS $ 34.00 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM. COST) P 56, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.77 (RECORDING) BEACH COUNTY, FL $106.77 (SW 2ND AVENUE) LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $ 55.00 PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.77 (RECORDING) (1012 NE 3RD AVENUE) $127.77 LOTS 6 & 7, BLK 1, KENMONT, PATRICIA BROWN $117.00 PB 20, P 65, PUBLIC RECORDS, 1201N. FEDERAL HIGHWAY 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 2.77 (RECORDING) (1201 N FEDERAL HWY) $189.77 LOT 22 & N10' OF LOT 23, J.L.& MAUREEN H. MAAS $ 24.00 BLK 72, TOWN OF DELRAY, PB 10, (H&W) 70.00 (ADM. COST) P 57, PUBLIC RECORDS, PALM 3825 LONE PINE ROAD 2.77 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33445 $ 96.77 (338 SE 1ST AVENUE) -4- Res. No. 45-91 LOTS 3 TO 5 INC., BLK 8, (DEL GERALD L. KUNZE $ 52.00 IDA PARK HISTORIC DISTRICT), 252 BARCELONA ROAD 15.00 (ADM. COST) DEL IDA PARK, PB 9, P 52, W. PALM BEACH, FL 33401 2.77 (RECORDING) PUBLIC RECORDS, PALM BEACH $ 69.77 COUNTY, FL (503 NE 2ND AVENUE) S53.31' LOT 9, BLK B, SUNNY ARTHUR ALGONIS $130.00 ACRES, PB 21, P 63, PUBLIC 76 NE 6TH AVENUE #106 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33483 2.77 (RECORDING) (GERMANTOWN ROAD) $202.77 E25' LOT 9, & W40' LOT 10, JULIEN & EMILIENNE JEUNE $ 61.00 PLUMOSA PARK SEC. A, PB 23, P.O. Box 813 70.00 (ADM. COST) P 68, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33447- 2.77 (RECORDING) BEACH COUNTY, FL 0813 $133.77 (256 NE 14TH STREET) LOT 6, BLK 4, ATLANTIC PARK J.JR. & MARY B. SMITH $ 39.00 GARDENS, PB 14, P 56, PUBLIC (H&W) 35.00 (ADM. COST) 'RECORDS, PALM BEACH COUNTY,FL 3616 AVENUE DEGIEN 2.77 (RECORDING) (221/223 SW 13TH AVENUE) DELRAY BEACH, FL 33445 76.77 'LOT 7, BLK 4, ATLANTIC PARK J.JR. & MARY B SMITH $ 39.00 GARDENS, PB 14, P 56, PUBLIC (H&W) 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 3616 AVENUE DEGIEN 2.77 (RECORDING) (SW 13TH AVENUE) DELRAY BEACH, FL 33445 $ 76.77 LOT 3, BLK 5, DELRAY BEACH JOHN C. & KATRINA BENSON HEIGHTS 1ST ADD, PB 25, P 186, (H&W) $ 55.00 PUBLIC RECORDS, PALM BEACH 921 SW llTH TERRACE 70.00 (ADM. COST) COUNTY, FL DELRAY BEACH, FL 33444 2.77 (RECORDING) (921 SW llTH TERRACE) $127.77 LOTS 6 & 7, BLK 95, LINN'S MANUEL T. MOREDA JR. ADD TO OSCEOLA PARK, DELRAY, MANUEL E. MOREDA $ 39.00 PB 1, P 133, PUBLIC RECORDS, P.O. BOX 1953 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 2.77 (RECORDING) (223 SE 3RD AVENUE) $111.77 LOTS 1 & 2, BLK 4, OSCEOLA ROBERTA KINNEL PARK, PB 3, P 2, PUBLIC CARRIE L. JOHNSON $121.00 RECORDS, PALM BEACH COUNTY,FL 32 SW 5TH AVENUE 70.00 (ADM. COST) (302 SE 4TH AVENUE) DELRAY BEACH, FL 33444 2.77 (RECORDING) $193.77 LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS GARDENS, PB 14, P 56, PUBLIC 1720 1ST STREET NORTH $ 65.00 RECORDS, PALM BEACH COUNTY,FL WINTER HAVEN, FL 33881 70.00 (ADM. COST) (NW 12TH AVENUE) 2.77 (RECORDING) $137.77 -5- Res. No. 45-91 N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $125.00 OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL LAKE WORTH, FL 33461 2.77 (RECORDING) (SE 1ST AVENUE & SE 1ST ST) $197.77 LOT ii/LESS S60', ESQUIRE DAVID C. & FELICE P. $ 50.00 SUB., PB 23, P 43, PUBLIC LEDBETTER 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL (H&W) 2.77 (RECORDING) (SW 9TH AVENUE) 760 NW 7TH STREET $122.77 DELRAY BEACH, FL 33444 VIOLATION IS: SEC. 100.1 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -6- Res. No. 45-91