07-28-86SpMtg JULY 28, 1986
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 5:35 P.M., Monday, July 28, 1986.
Roll call showed:
Present - Council Member Richard J. Dougherty
Council Member Marie Horenburger
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - Council Member Malcolm T. Bird
Also present were - City Manager James L. Pennington and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that
this meeting has been called for the purpose of (1) Discussion of
Proposed Courthouse.
1. Mayor Campbell advised the reason for this meeting is to get a
complete and full update on the status of the City's efforts to try and
locate the judicial expansion of the County complex on Atlantic Avenue.
Mr. Tom Lynch, Chairman of the Community Redevelopment Agency,
advised that in August 1984 Council, under the Mayor's directions, an
Atlantic Avenue Task Force was appointed. They tried to look at the
different approaches to Atlantic Avenue and one idea was that there
should be some government entities on the Avenue. They also felt a CRA
was in order and should be put into effect; when they concluded in
April, it was shortly thereafter that Council appointed the CRA.
Mr. Ken Simback, Acting Executive Director of the CRA, stated
he would like to present the situation with regard to the location of
the County courthouse on Atlantic Avenue. The City has agreed to donate
a 6.43 acre parcel to the County and to provide a boundary survey of
that parcel. Over and above offering the land and agreeing to abandon a
portion of S.W. 1st Street, the City has not agreed to any other im-
provements on the site. In return the County is willing to agree to
construct a court facility in two phases; the first phase being 45,000
square feet and the second phase, also 45,000 square feet, to be devel-
oped some time after 1996. The facility, as proposed, will contain four
court rooms, judges chambers, offices for the Clerk of Courts, the
State's Attorney and Public Defender. However, the County has indicated
that they cannot accommodate their future expansion plans on the 6.43
acres available and will require 10 acres for both phases of construc-
tion. They have also stated that they are not willing to participate in
the acquisition of that land and any additional land to be conveyed must
be acquired by the City and conveyed to the County at no, or very
minimal, expense. Mr. Simback advised the CRA is aware that Council
would not be willing to participate in the acquisition of any additional
land; however, because they feel this project is so important to the
downtown revitalization, and it would have a substantial impact on the
development and improvement to the community, they are willing to step
forward and acquire the additional land. This would only be if there is
no major impact to the residential community and if the acquisition
could be financed through lease revenues and the CRA's tax increment
income. The area being considered for acquisition consists mainly of
commercial property and they would expect to enter into agreements with
the current users to allow them to continue to use the land over the
next ten years and the CRA would lease it back to them. There are also
24 apartment units located on the property and the CRA, through its
Downtown Master Plan, would identify and use its efforts to obtain 24
additional apartments which could be made available to the persons
presently occupying the apartments. The County is also requesting that
the City provide them with a security guard for the courthouse if it is
determined that the incidents of crime in the area would warrant it;
however, Council has not agreed to this. Any agreement between the City
of Delray Beach and Palm Beach County will be put in writing and ap-
proved by both bodies. He expects that the final agreement will be
drafted within the next two weeks and the citizens of Delray Beach and
Palm Beach County will have the opportunity to review any agreement
before it is approved.
Helen Coopersmith stated that Atlantic Avenue is a high crime
area and she questioned how many people they think will come downtown,
because of the courthouse, unless the crime is cleaned up.
Mr. Simback stated he feels they have an obligation to improve
the crime situation immediately and would expect to do so prior to the
construction.
Frank Weed, President of the Greater Delray Beach Chamber of
Commerce, commended the CRA for the presentation made. He stated that
the Chamber of Commerce is in full agreement with the proposal made and
feels the courthouse will be an asset to Delray Beach.
Richard Eckerle stated he feels that the agreement should
include that the County will not use the Police Station for at least
five years and that the City will have full use of the building.
Mr. Simback stated the only reason they have not been able to
pin down a specific date prior to now is that until the County had some
indication as to what land would be available for future expansion there
was a concern that the old Police Station would have to be demolished
within the first phase to provide for surface parking. However, they
will not need that space and the City is guaranteed the use of the
building for at least five years.
Sam Schwimer questioned where the money is coming from that the
CRA will use for the acquisition of additional land.
Mr. Simback stated at this point in time the CRA has available
revenues from Tax Increment Financing; these are new tax revenues which
are generated in the downtown area as a result of new construction and
do not come from the residential property owner in Delray Beach.
Spencer Pompey stated he feels that with the cost of land being
what it is they should consider deck parking rather than surface park-
ing. He also questioned if it has been determined that the expansion,
as contemplated, would be necessary.
Mr. Simback stated that, based on the projected population
growth in South Palm Beach County, it has been determined that there
will be a need for in excess of 100,000 square feet of Court space by
the year 2000.
Jesse Hubbel stated that the City has the right of eminent
domain; however, he questioned if that right is transferable to the CRA.
Mr. Simback stated that the CRA, by State Statute, has the
power to use eminent domain; however, they would have to have specific
permission from Council to do so.
Jeanette Slavin stated she has been following this issue and
has never heard or seen the County make a decision or preference for
where they wish to build the courthouse.
Mayor Campbell stated that on two occasions within the last
month the County has, by vote at a public meeting, expressed a decision
that if the City would provide the 10 acres they would agree to locate
the courthouse downtown.
Reverend Semmie Taylor stated that two of the main places on
Atlantic Avenue which breed crime are the Georgia Town Tavern and the
West Side Liquor Store. He feels they need to concern themselves with
what is causing the problems rather than complaining and doing nothing
about it.
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Tom Haenlon read a prepared speech and stated he feels that
before any final decision is made on the courthouse Council and the
County Commission should sit down and resolve any differences which
might still be open and come to an accommodation to both sides.
Kathi Sumrall, Chairman of the Planning and Zoning Board,
stated that the P&Z Board voted unanimously on July 23rd to recommend
approval of the Land Use Policy Guide which was developed over a five
month period. She advised that Policy Statement No. 2 states that the
City of Delray Beach and the business community should make every effort
to attract public government facilities in the government center area
along Atlantic Avenue.
Kevin Eqan, Chairman of the Atlantic Avenue Association, stated
the courthouse is not going to bring down property values, it is going
to revitalize the downtown area. He suggested that people should step
back and focus on what they are talking about here as it will not be a
detriment to Delray Beach.
Bill Plum stated that the courthouse is without question an
improvement to Delray Beach, will enhance the property values and
improve the overall appearance of the community.
Alex Simon stated he would like to see everyone in the City of
Delray Beach convey to the County Commission that they are united in
bringing the courthouse to Delray and that they do not understand why
the County is so reluctant and so demanding.
Connie Tuttle, Downtown Development Authority, stated that the
Board has been in complete support of this project ever since it began.
They feel that this will definitely help the community and people in
Delray Beach.
Discussion followed between Mr. Dougherty and Mr. Simback with
regard to the following: the value of the property being offered, the
displacement costs, vacation of streets, the value of the present Police
Station and the cost of renovating it, signalization and the landscaping
and beautification requirements.
Upon question by Mr. Dougherty, Mr. Simback advised that the
schedule, as they have determined, is to complete a draft of an inter-
local agreement by the middle of next week; this will be done by the
County Attorney and the negotiating team members from the County and the
City. The draft will set out the terms of the conveyance to be executed
upon approval of that interlocal agreement by Council, the Board of
County Commissioners, and if necessary, the CRA. All they are doing at
this point is drafting a written agreement which will contain all of the
terms associated with the conveyance of this land and the construction
of the facility for Council's final approval; they do not have to have
the deeds prepared by August 12th which is when the County will be
meeting to decide on this issue.
Mr. Dougherty stated that at the last meeting he requested that
the sale or transfer of the City property be done in accordance with
Chapter 2, Section 2.7 of the Code of Ordinances. He questioned if the
City Attorney has looked at that to give Council an opinion. The City
Attorney advised that all it requires is the advertisement and the
preparation of the documents. Mr. Dougherty stated as he understands it
they are giving free the two parcels of property to the County and he
questioned if that is permissible without any value consideration. The
City Attorney advised that in the past Council has made determinations
of conveyance to other governmental entities; he has no legal problem
with that. Mr. Dougherty stated he feels there may be a legal problem
as there is nothing in the ordinances which states that the City can
convey free without any exchange of value. The City Attorney stated
that he does not read that section of the Code the same way. Mr.
Dougherty that, since they disagree on this point, the City Attorney
should get the Attorney General of the State of Florida to give them his
opinion. The City Attorney advised that his understanding of what the
Attorney General would do, assuming Council would authorize such a
request, is not to interpret local ordinances. Mrs. Horenburger stated
she does not understand what the problem is. She feels they need to ask
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the City Attorney to research this very carefully and give Council his
interpretation of that law. However, he is correct in that the Attorney
General's office does not get involved in interpretations of local
ordinances.
Mayor Campbell requested that the City Attorney research the
point raised by Mr. Dougherty and give Council his opinion as soon as
possible. If there is any doubt in his mind, then they can pursue it at
a higher level.
Mr. Dougherty stated inasmuch as this is of major interest to
everyone in the City he feels they should have a straw vote which is
permissible under the Charter. He asked Council to consider that
possibility. Mayor Campbell advised there is no time for a straw vote.
The County is using bond proceeds for this project and they have a
deadline, under Federal Law, within which to spend that money or they
lose the right to have a tax free bond. Mr. Dougherty referred to a
letter from Mudge, Rose, Guthrie, Alexander and Perdon regarding the
bond issue and advised that it is their opinion that there could be an
extension of time due to circumstances which could be justified. Mayor
Campbell suggested that Mr. Dougherty call Mr. Sansbury and try to get
the County Attorney to agree to postpone the matter. Mr. Dougherty
suggested that Mayor Campbell request that since he is on the negotiat-
ing committee.
Mrs. Horenburger stated that as far as the importance of this
is concerned they need to look at Atlantic Avenue as it is the main
street throughout the entire town. She feels it is important to look at
the overall picture of what the courthouse is going to do for this area.
Mr. Weatherspoon stated he feels one of the key factors in
finalizing this process is to ensure that there are enough funds to
relocate the individuals within the time frame. With regard to the
ranch style type of parking that is being contemplated, he stated that
he is in disagreement with it and would like the negotiating team to
press the issue and perhaps get the County to reconsider their position.
Mayor Campbell stated that he feels tonight has been very
constructive and hopes that the citizens appreciate the fact that
Council is sincerely desirous of making the best decisions and accom-
plish some good.
Mayor Campbell declared the meeting adjourned at 7:30 P.M.
City~ Clerk
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 Council of July 28, 1986, which minutes were formally
approved and adopted by the City Council on ~ ~'~ /~J~ .
y Clerk
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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
Council. 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.
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