Loading...
03-03-87SpMtg MARCH 3, 1987 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, March 3, 1987. Roll call showed: Present - Commissioner Malcolm T. Bird Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and Assistant City Attorney Jeffrey S. Kurtz. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Considering Resolu- tion No. 8-87 supporting Palm Beach Junior College local bill and (2) Considering proposed assignment of Brez's agreement. 1. Adoption of Reso!ut.ion supporting Palm Beach Junior College ~ocal bill. The caption of Resolution No. 8-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE EFFORTS OF PALM BEACH JUNIOR COLLEGE IN SEEKING THE PASSAGE OF A BILL BY THE FLORIDA LEGISLATURE TO GIVE PERMISSION ALLOWING PALM BEACH JUNIOR COLLEGE TO SEEK PERMISSION FROM THE VOTERS OF PALM BEACH COUNTY TO LEVY A FIVE-YEAR HALF-MIL TAX FOR PALM BEACH JUNIOR COLLEGE; PROVIDING FOR COPIES OF THIS RESOLUTION. (Copy of Resolution No. 8-87 is on file in the official Resolu- tion Book) Mr. Bird moved for the adoption of Resolution No. 8-87, second- ed by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 2. Mr. Bird advised he had a phone call from Mr. Zook at Sun Bank saying that he had undertaken an investigation of the credit worthiness and banking practices of Mr. Miller who is the conditional assignee of the existing license agreement; he received assurances from the Presi- dent of the bank where Mr. Miller does business that he was a creditable citizen and had no blemishes on his financial record. Mr. Bird stated he understands Chief Kilgore had done an investigation as to Mr. Miller's business practices and this revealed no problems. Mr. Dougherty stated he was surprised this item is on the agenda without any prior notice or consideration at a workshop. He has not even seen any communication from Mr. and Mrs. Brez indicating they wanted to assign their lease to someone else. He believed their action in entering into some kind of agreement with Mr. Miller is a breach of their contract. Mr. Dougherty stated the Commission has seen no finan- cial statement from Mr. Miller or copies of any report of an investiga- tion made by the Chief of Police. It seemed to him that Mr. Code House has a right of first refusal and felt the City has a moral obligation to at least give him an opportunity to say whether or not he is interested in taking over the lease. He would find it difficult to consider this item this evening. Mr. Weatherspoon stated he would also like to see the reports on Mr. Miller and concurs with Mr. Dougherty regarding Mr. Code House having the right of first refusal. Mrs. Horenburger advised she is not prepared to extend the lease five years for anyone at this point. They have a golf course study coming and the Commission needs to look at that before making any decision. Mr. Bird commented that perhaps staff would make available copies of a personal history, sales agreement and some sort of business history and financial information alluded to in Mr. Miller's letter of January 30, 1987. The Assistant City Attorney stated this information could be made available. Mr. Bird also requested the report from the Police Chief, along with Mr. Zook's investigation if it has been reduced to writing. Helen Coopersmith, 1222 South Drive, suggested that this item be placed on a workshop agenda so the public could be properly notified and be present for input. David Schmidt, attorney representing Mr. Code House, stated for the record that his office was never notified of this meeting or the potential transfer of the license agreement, nor was Mr. House informed of this. Although the letter of February 19, 1987 to the City Commission from the City Attorney's office shows a copy to his office, they never received it. He advised he believed the legal opinion expressed in the memo as to the right to assign the license agreement, and in addition to extend it subject, to the assignment, is convoluted at best. He felt the City is, in effect, breaching Mr. House's license agreement with the City if this is done. Mr. Bird moved this item be tabled until the workshop meeting of March 17th, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Rance Plume, 409 Lake Drive, asked under what name the appli- cant for the Brez license was applied for. Mayor Campbell stated the applicant's name is Gerald Miller and Allerton & Associates is the broker involved. Mayor Campbell declared the meeting adjourned at 7:25 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 3, 1987, which minutes were formally approved and adopted by the City Commission on -2- 3/3/87 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 City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -3- 3/3/87