04-10-78 APRIL 10, 1978
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:00 P. M.,
Monday, April 10, 1978, with Mayor Leon Mo Weekes presiding, and City
Manager J. Eldon Mariott, City Attorney Roger Saberson and Council
members Robert D. Chapin, Charlotte Durante, Aaron I. Sanson, IV,
and James H. Scheifley, present.
1. The Lord's Prayer was recited in unison.
2. The Pledge of Allegiance to the flag of the United States of
A~erica was given.
3. On the approval of the minutes Mr. Sanson stated he felt
t-~at they had gotten awfully brief with the minutes and coincidentially,
they received a memo from the City Manager, with some of his views of
the dispatch center, and one of those was talking about the manner in
which the minutes had been prepared down there. Mr. Sanson stated that
the City. Manager's verbage about those minutes is the exact way he
feels about the City Council minutes of March 28; that they need to
more clearly explain the intention of motions, to more fully elaborate
on some of the discussion. He stated he would personally like to ask
that they be referred back to the City Clerk's office to be rewritten.
Mayor Weekes noted that the minutes seemed to be in order to
him and they are already ten (10) pages long, but he will go along with
whatever the balance of Council wants.
Mr. Sanson stated he would call attention to the three items
which concern him; (1) under item 7.a., page 4 at the top of the page,
he felt that basically that paragraph wasn't clear. It did not make
sense about what was being talked about and needs to be clarified;
(2) under 8.b., page 4, in the third line, the word "depty" should be
depth; (3) under item 8.d., page 5 and 6 concerns him to the extent
of his remarks on the top of page 6 are just a one sentence reflection
of what his comments were. He would be quite concerned because when
Mr. Chapin asked why this item was not put to competitive bid, there
was quite a lengthy explanation as to why it was not and that explana-
tion is important to any member of the public who might, in the future,
review these minutes and was not in attendance.
Mr. Scheifley moved that the minutes of March 28, 1978 be
approved with the amendments stated by Mr. Sanson, seconded by
Mr. Sanson. Said motion passed unanimously.
Mr. Sanson moved for the approval of the minutes of March
30, 1978, seconded by Mr. Chapin. Said motion passed unanimously.
4.a. Mr. Chapin stated he pinch-hit '~for the Mayor in throwing
out the first ball for the Senior Little League last Thursday night
and the thought occurred to him that there were a lot of people there
who felt that the City does not have enough recreation in this community.
Se suggested that maybe the members of Council and the appointed members
)f the various bodies would like to challenge the Administration and
[ts deputies in a fun softball game with appropriate refreshments to
3e served afterwards.
The Council thought this was a great idea and should be a lot
of fun and asked that the City Manager try to set it up.
4.b.1. Mrs. Durante stated she had three items to present to Council
but as a preface to those items she stated that during the time she
was campaigning, she made some pledges about some things and actions
she would initiate and she does plan, whenever it is possible and
feasible, to honor those pledges. She stated she does not make pledges
only if she feels they are possible and unless she strongly believes
in them; if she commits herself to something she is going to do her
best at it. She stated she is an action person, a doer and not much
of a talker; she is not going to burn herself out the first couple of
months on Council but is going to set a pace for herself so that she
can get some things accomplished.
First, to the Tropic Palms residents, Mrs. Durante stated
she is very much aware of the need in that area for another entrance
and exit street, especially for the Bass Creek area. She stated
that because of her activities on the Planning & Zoning Board, she
is very much aware of the layout and design of that area. The opening
and paving of Dotterel Road between Lindell and Audubon is something
that is very much needed down in Tropic Palms. Funds could be avail-
able so that this could be done very soon; however, prior to being
sworn in as a council member, the Council, from many expressed con-
cerns from the residents down in Tropic Palms, have discussed that
very item and they have decided to set this for a workshop considera-
tion in the future. Because of this, she will wait and give her
support to this item at such time that it is placed on the Council
workshop agenda.
4.b.2. Mrs. Durante stated that the subject of housing is something
she has been consistently and actively involved in for a long time,
and she feels that this City needs to set some goals and some objec-
tives, and some plans on how to go about upgrading the housing stock
and eliminating a lot of the dilapidated housing conditions in this
City. Council needs to identify the total problem and set up a
workable solution; identify all of the resources that can help the
City to solve the problem and bring all of these resources together.
There are all kinds of resources such as HUD, FHA, private enter-
prises, Housing Authority, Community Development, etc., all of these
resources need to be identified in terms of what they can do to
help solve that problem. She stated she feels the City is doing
this in a very piecemeal, spotty fashion and she includes herself
in this. Mrs. Durante noted that the case that was publicized very
highly last week in the newspaper is an example - the City has
absolutely no plans to go about assisting that family. A lot of
time what the City does is frustrate the people by pointing out
their problem and having absolutely no plan to go about assisting
them to help them in solving their problem. There are other pro-
blems of this nature but the City has no plan to deal with it and
until there is a plan~why frustrate the people by revealing their
situation and talking about it and nobody is really putting together
a real solid solution for the entire City.
Mrs. Durante asked that Council really dedicate itself to
coming up with a plan and a very systematic approach to dealing with
this housing situation. She stated she has, in the years that she
has been working with the people in the area, made some contact,
more recently within the last year, of different resources that can
be pulled together so that Council can begin to have a plan to deal
with the housing problem.
Mrs. Durante stated that there is a greater role that the
press can play - they do a good job reporting about the problem,
but she thinks the press could assist in helping alleviate the pro-
blem on the investigative end and help the City find funds, and
resources to help work on the problem.
4.b.3. Mrs. Durante stated that she campaigned very heavily about
job opportunities and this is something that this community really
needs. One resource for job opportunities that is knocking at the
door right now is the Delray Hospital. She stated she realizes that
that is a very controversial subject but she thinks that that hospital
can bring a tremendous amount of jobs in this community for the un-
skilled as well as the skilled. It could provide training opportuni-
ties and advancement opportunities for the unskilled workers as well
as the medical needs for this community. Delray is probably the
only city of some size, up and down the east coast without a hospital.
Mrs. Durante noted that she is strongly supportive of that hospital;
she thinks it will be attractive, a good, clean, and asthetically
pleasing operation to have in this City and she does not think it
would do anything that would adversely affect the atmosphere in
Delray. It would bring a tremendous amount of tax dollars - the
property is presently in the County but it is eligible to be annexed
and the owner is willing to be annexed.
- 2 - 4/10/78
Mrs. Durante stated that her reason for bringing this up
is because on April 19th thru the 21st, the Department of Health and
Rehabilitative Services will be holding a hearing in West Palm Beach
to see how much local support there is for this hospital. The County
Commissioners did pass a resolution in support of this hospital and
she is, therefore, asking Council if they are willing to support it.
If so, she is prepared with a resolution, if not and Council wants
to refer it to workshop, that's fine. However, the next workshop
meeting will be just prior to the hearing but if Council states their
support for it, the minutes for that meeting will serve just as well
for that hearing on April 19th thru the 21st.
It was agreed that this item would go to workshop.
Mr. Sanson noted that the item has been fully discussed in the past
by Council and he was told some time back that resolutions and ordi-
nances were not prepared by Administration until Council agreed on
it. He stated he was chastised at one time by this Council for
having the City Attorney prepare a resolution before it was agreed
to.
4.c.1. Mr. Sanson stated that regarding the bridge at Bass Creek,
which has been an item discussed previously, he would point out, as
a resident of Tropic Palms, as in most cases, there are two sides to
that story and the impression should not be given that there is
total favoritism for the bridge in that area; also, before firm
commitments are made, the full story should be heard.
4.c.2. Mr. Sanson noted that as far as the housing problem is con-
cerned, he has a plan which he would like to have an opportunity to
present to Council. It is something he wanted to present several
years back but he and Mr. Randolph have never had the real opportunity
to get the thing fully aired. He stated he would also like to see
this thing go to workshop.
4.c.3. Mr. Sanson stated that he is sure most of Council have
received the memo from Mr. Carey relative to his response on the sub-
ject of the Development Impact Study and, therefore, he is asking
that this item go to workshop. He stated he hopes this would be in
the near future because of the importance of the item.
4.c.4. Mr. Sanson stated that in his role of serving on the Legis-
lative Committee of the Florida League of Cities, the City of Clear-
water has forwarded to him two proposed pieces of state legislature
to address the number one priority of the Florida League of Cities,
which is, the annexation question. They seem to feel that these
pieces of legislature, as does Ray Sitig who has reviewed them,
really think that they might have the answer to the problem.
Therefore, he will pass this information to Council and, also, if
it is okay with Council, he would like for the City Attorney's
office to review this and give comments on it for the purpose of
endorsing the Clearwater proposed legislation. Council could either
move it through the Florida League of Cities or at least adopt it
for support for the City's Legislative Delegation.
It was agreed that each member of Council would review the
material before voicing an opinion on it.
4.d.1. Mayor Weekes noted that last Monday Council passed resolutions
commending Mr. Randolph and Mr. Scheifley for their respective terms
in office; Mr. Randolph received his plaque but Mr. Scheifley did not.
Therefore, at this time, he will present to Mr. Scheifley a plaque
in honor of his outstanding service and accomplishments as Mayor
of the City of Delray Beach from January 3, 1972 to April 3, 1978.
Mr. Scheifley stated that last week he and his wife listened
to the Academy Awards for movies and tonight he is going to repeat
what he thought was the best of about 30 speeches he heard; "Thank
You" .
- 3 - 4110/78
4.d.2. Mayor Weekes stated that there has been some questions
raised as to the sincerity of the Southern Federal Savings & Loan
Association attempting to get that now, infamous sign, removed from
the south end of Delray in the County pocket; therefore, he called
Mr. Grimditch, who is the President of Southern Federal Savings &
Loan. Mayor Weekes noted that Mr. Grimditch said that he may state
publically that he and the Federal Savings & Loan are committed to
getting that sign removed by whatever means it takes. Their lease
agreement with the contractor who put the sign up, states that there
is a 30 day cancellation notice - the contractor has been served
with the cancellation notice and a 30 day time limit to remove the
sign is now running. Mayor Weekes was informed by Mr. Grimditch
that he will follow up on this and he does not know whether or not
the letter was sent by certified mail; if the owner of that sign
indicates he has not received it, they will send it by certified
mail to make sure he receives it. If it takes legal action to get
it down, they will do so.
4.d.3. Mayor Weekes stated he would like to discuss with Council
an alternate date for workshop either later this week or sometime
next week. He stated he intends to be away from the City next
Monday night; Council could have a workshop without him but there
are some heavy subjects that he would like to be involved in that
Council needs to take up.
The City Manager noted that Council should put forth every
effort to have a workshop meeting this week. While the City Manager
went to his office to get his calendar, the following discussion took
place.
Mayor Weekes asked if everyone was planning on attending the
Sewer Board Meeting? Mr. Sanson stated that Tuesday night he has a
Board of Directors meeting with the Child Care Center of Delray,
Wednesday night he has relatives in town and he plans on having a for-
mal dinner with them and on Thursday he will either be at the Sewer
Board meeting or Gold Coast League depending on what the rest of
Council is going to do.
Mr. Scheifley stated he plans to attend the Sewer Board meeting
but he will have to check his calendar for the workshop meeting on
Tuesday or Wednesday night but he thinks it will be all right.
Mrs. Durante stated she plans to attend the Sewer Board meeting
and Wednesday night would be okay for a workshop.
Mr. Chapin stated he will attend the Sewer Board meeting and a
workshop for Wednesday as opposed to Tuesday would be better.
It was agreed to have the workshop meeting on Wednesday, April
12, 1978, at 3:30 P. M. and the Assistant City Clerk was asked to send
out a reminder about the meeting. Mr. Sanson questioned whether the
other four Council members will be in attendance at the Sewer Board
meeting.and it was noted that they would be there. Mr. Sanson then
stated he has missed the last two meetings of the Gold Coast League
mainly because of the Sewer Board meetings and he will attend the Gold
Coast League this time.
4.d.4. Mayor Weekes proclaimed the week of April 23-29, 1978 as
"SECRETARIES WEEK" in the City of Delray Beach.
Mayor Weekes proclaimed the week of April 30 - May 7, 1978 as
"SOIL STEWARDSHIP WEEK" in the City of Delray Beach.
4.d.5. Mayor Weekes stated he has a resolution from St. Mary's Hospi-
tal asking Council to support their need for refurbishing and replacing
their present facilities. They are in the same posture as the Delray
Hospital in that they would like to have support of the area communities
in their application for Certificate of Need from the Health Planning
Council and the State Health Facility Authority.
- 4 - 4/10/78
Mr. Scheifley stated he would like to hear ~ome discussion
in that he would like to know whether it is a private hospital, is it
tax supported, do they accept medicaid and medicare, etc? Mayor
Weekes stated St. Mary's has served the community for longer than 25
years; it is an old established facility which has taken care of the
needs of this county long before Bethesda, Boca Community or any
other hospital except, perhaps, Good Samaritan. He stated he
personally does not see any objections to supporting St. Mary's in
their efforts to upgrade their facility in behalf of the public.
Mr. Sanson questioned whether or not they just want to up-
grade it or expand it. Mayor Weekes read a portion of the resolution
which stated "the commission recognizes the importance and need for
the replacement and refurbishment efforts of St. Mary's Hospital
and, WHEREAS, said hospital serves the citizens of Delray Beach and
surrounding communities and that said replacements and refurbishments
will benefit all the citizens of the community and, WHEREAS, pro-
jection data indicate a significant need for this replacement and
refurbishment to continue to serve the community to satisfy its
medical needs, NOW, THEREFORE ........... ".
It was requested that the City Manager contact Mr. Hennessey,
the Administrator of the hospital, and ask him when this is needed and
what's involved and the funding. Mr. Sanson asked that it also be
determined whether or not they plan to expand the number of beds.
This was acknowledged by the City Manager.
5. There were no public requests from the floor.
6.a.1. The City Manager stated that he has four items not on the
agenda. The first two concern site plan approval and final plat
approval for Section lA of Rainberry Bay. He stated he was informed
at agenda making time that the site plan should be approved prior to
the time of the final plat or at the same meetinq. He learned since
making the agenda that the Planning & Zoninq Board Dreviousl¥ re-
commended approval of the site plan for the 156 dwelling units which
Council approved at some prior meeting. There is a reduction in
dwelling units from 156 to 152 involved in this item before Council
tonight. It is recommended that Council take this up for consideration
at this time inasmuch as it is not a new site plan; if it were, it
would have gone to workshop in accordance with established procedure.
The City Manager asked if Council has any objections to taking these
two items at this time?
Mr. Chapin asked if these two items have been approved by
the Planning & Zoning Board. The City Manager replied yes, that
both items have the full approval of everybody up to this point.
Council stated they had no objections to considering these
two items at this time.
The City Manager reported that the Planning & Zoning
Board recommended, by unanimous vote, that the site plan be approved
which will reduce the number of dwelling units from 156 to 152
and it is on a tract of land consisting of 22.9 acres. The subject
property is in Section 7-46-43, and is located at the northwest
corner of the intersection of Lake Ida Road and Davis Road. The
Planning & Zoning Board recommendation is that this be approved
subject to the following:
(1) Compliance with the requirements of the Community
Appearance Board as stated in their October 26th
Minutes;
(2) Compliance with the requirements of the Lake Worth
Drainage District as stated in their letters of
September 26th;
(3) Approval of the City Attorney's Office as to documentation
pertaining to common areas.
(4) A time limitation of 18 months be set for development
of the project.
- 5 - 4/10/78
Mr. Sanson asked what were the comments from the City Attorney's
office? The City Attorney stated that the documentation subject to
their approval has not been approved yet which is the standard method
of approval for a site plan that has common areas.
Mrs. Durante moved that Council sustain the recommendation
of the Planning & Zoning Board, seconded by Mr. Scheifley. Said
motion passed unanimously.
Before roll call Mr. Sanson stated he would like to move that
Council amend the motion so that the total project of Rainberry Bay,
in regards to site plan approval, the developer be required to place
the sufficient amount of monies or bond in escrow to pay for the
traffic light that will be needed on Lake Ida Road at the end of
Rainberry Boulevard.
Mrs. Durante asked if this could be tacked on this motion
because the Planning & Zoning Board didn't deal with that; they are
just acting on the recommendation of the Planning & Zoning Board and
perhaps a separate motion should be given for that.
The City Attorney stated, upon question by Mr. Scheifley,
that if that request is going to be tacked on the approval, he would
suggest that the matter be referred to workshop. In order to impose
that kind of requirement, there will have to be some kind of traffic
analysis to support it, and in that respect, it should be referred to
workshop so it could be studied further.
Mr. Sanson stated that he will vote on this but he would then
like to request that this subject be considered. The City Attorney
stated that, if he wanted to make it a condition of the site plan, the
whole thing would have to be referred, not just the condition.
Mr. Sanson asked if it could be tacked on the next section; the City
Attorney answered that that would depend on what the traffic analysis
would show.
The roll call on the motion without the amendment was had at
this time.
6.a.2. The City Manager reported that the Planning & Zoning Board
recommended, by uanimous vote, that the amended plat for Section lA
of the Rainberry Bay development be approved subject to the following:
(1) Comments of the South Florida Water Management District
as stated in their March 9th letter;
(2) Availability of water.
The subject property is in Section 7-46-43, and is located at the
northwest corner of the intersection of Lake Ida Road and Davis Road.
Mrs. Durante moved that Council sustain the recommendation of
the Planning & Zoning Board, seconded by Mr. Chapin. Said motion
passed unanimously.
Mr. Sanson moved that this Council instruct the City
Engineering Department to conduct the traffic study of this proposed
development to see whether or not there will be sufficient impact
upon its completion and population that there will probably be a
need for a traffic light and report back to Council with the results
for ~onsideration, seconded by Mr. Scheifley. Upon roll call Council
voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson -
Yes; Mr. Scheifley - Yes; Mayor Weekes - No. Said motion passed with
a 4 to 1 vote.
Before roll call the following discussion was had: Mr. Sanson
stated he is just trying to avoid the Council having to be put into a
political situation like they are finding with the Bass Creek Bridge
with the developer. If there is a need for it, then that should have
been found out from the beginning - if there was a need for a traffic
light at High Point, that should have been found out at the beginning
- 6 - 4/10/78
and the developer should have had to address that issue, instead of
this Council then having to get thrown into a political football and
having to come up with tens of thousands of dollars that could be
better spent elsewhere. Mr. Sanson stated that is not to say that
there is an alternative that the people moving into that project, pay
for the cost through the purchase of their homes in which the developer
obviously is going to put that cost, as cost of construction.
Mr. Scheifley questioned the clarification of the motion.
He stated that this is merely for a study for the need of a traffic
light at that intersection - Mr. Sanson stated that this is correct.
Mr. Chapin stated he would applaud his effort to engage in
planning to alleviate a potential problem but he is not sure of the
legality of requiring a developer to put in a public facility such as
a traffic light. If that is permissible under the City ordinances,
then he thinks that is a proper planning tool to require, particular-
ly large scale developers, and would support it.
Mr. Sanson noted to Mr. Chapin, that there is an issue that
has been in the papers the last few days where the Palm Beach County
Commission has been pleading with the Boynton Council to make a
requirement of the site plan approval in their area for an industrial
development to have traffic lights on Congress Avenue. The property
was originally in the County but now they are going to annex into the
City - the County was going to make that a requirement and they are
hoping the City of Boynton will also, so that it doesn't come back on
the County because it is a County road, as is Lake Ida, and the County
will have to end up picking up the tab.
Mr. Sanson stated that in this development, Rainberry Bay,
there is one road, as he understands it, with some 5000 people coming
in and out of one entrance and to tag that alone to the fact that
just about the entire Lake Ida Road is now under development, with this
project included, makes him feel that Lake Ida Road is going to be a
major thoroughfare.
Dick Siemens, the developer for Rainberry Bay, stated that
to set the record straight, there is not one entrance road for 2000
dwelling units - the number of dwelling units that will be on a one-
entrance road is 910. The issue of whether a traffic light will be
necessary or not has already been addressed by the County Engineering
Department; what they do with each project that comes before them
where access to a county road is required, is have a traffic study
done for that property before they grant permits for people to connect
off their road. If a traffic light is necessary, they will tell you
that it is necessary and make you put it in. He stated the County
made him spend about $19,000 on turning lanes and the issue of whether
or not a traffic light is necessary was addressed and the determination
was made that it was not necessary. To have a traffic light where it
is not necessary, in fact, impedes traffic and does not help it.
Mr. Siemens stated that if and when the County says to him that one
is necessary, he will put it in, not the City of Delray Beach.
The City Manager stated that if Council does pass the motion
that has been introduced, the City itself would not perform the
traffic study; it will be the County Engineering Department that would.
The City's Engineering Department would request the assistance of the
County Engineers' Office in making this study.
Mr. Sanson noted that Mr.Siemens has stated that he would
graciously pay if the County Engineering Department determines it is
necessary. Mr. Sanson stated that is the whole problem, usually it
is the residents who determine that; the County Engineering Depart-
ment still determines that High Point does not need a light and every-
one knows how badly it was needed. Mr. Sanson stated he tends to
feel that if somebody had come forth and said they need a bridge, an
outlet in and out of Bass Creek, he may have probably gotten the
same response. He stated that it is hard to speculate in the present
as to what future needs would be but, if Mr. Siemens'project is all
- 7 - 4/10/78
older people trying to get in and out of a major thoroughfare in
Delray, he doubts that the situation would be a whole lot different
than it would be along Atlantic Avenue. It is worthwhile to catch
it now and save the City probably $30,000 five years from now.
Mr. Siemens noted that in his discussions with the County,
who is intricately involved with respect to this particular inter-
section, the question was raised and because, in fact, initially the
project was designed where there was only one entrance for the
entire 380 acres, which was a serious question and presented a borderline
case as to whether one was necessary. The project was remodi~ied
and now has an entrance only for 140 acres which makes two entrances
to the subdivision which clearly resolved the issue that a traffic
light was not necessary.
Mr. Sanson stated he would be satisfied if Mr. Siemens'
promises could be made legal or if that condition could be tacked on
to something in order that in the future it can be made binding.
Mr. Scheifley stated that he would like to make it clear
that, as he understood it, this is merely for a traffic study at
that intersection which the Administration will ask the County to
make; there will be no implications, entrances or anything else from
it.
Mrs. Durante stated she thinks she understands what Mr. Sanson
is driving at because he made that very clear when he met with Planning
& Zoning a couple of weeks ago about the need for this type of infor-
mation when approving large developments; therefore, she would support
the motion on the floor. If the information is already available it
will be just a matter of having the County send it down to Council.
At this point the roll was called on the motion.
6.a.3. The City Manager reported the next item concerns the many
infamous pockets in the general confines of Delray Beach and the
reason this is before Council, at this time, is because of a letter
directed by the Boca Raton City Attorney to the Community Affairs Com-
mittee of the Florida State Legislature on April 4, concerning this
subject. The Boca Raton City Attorney sent him a copy of the letter
in view of the fact that the City of Delray, at that time, was haVing
quite a bit of publicity from the press concerning the billboards
being erected generally in the southern part of Delray on Federal
Highway. The City Manager stated that his office drafted a letter
to the Community Affairs Committee, through its staff director, speaking
to the subject of the enclaves in Delray Beach that are thoroughly
surrounded by land that's within the City limits of Delray. Instead of
mailing the letter, a copy was sent to Council to look at because of
the information contained in the first paraqraph. There has been discus-
sion in the Florida Legislature in recent times as to whether to enact
state law that would permit municipalities to annex the unincorporated
pockets, if these pockets were entirely surrounded by land within the
corporate limits even without a referendum being held and even in the
absence of the consent of the owners. This is the reason the letter
has been routed to Council and,if Council does not desire to send a
letter worded that strongly, then the first paragraph would be revised.
Mr. Scheifley stated that he would like to go back to the
article that Mr. Sanson distributed by the City Manager of Clearwater.
About eight or nine years ago, when this subject first came up, the
City Manager of Clearwater wrote an article for Municipal Record which
is the best article he has ever read on this subject concerning pockets.
Clearwater is the only city in the state which has this problem to the
extent that Delray has and they are very aware of it and very aggressive;
he has a copy of that letter if anyone would like to read it.
Mr. Scheifley stated that he thinks the letter drafted by the City
Manager's office is an excellent letter and should be sent without
any questions with two minor corrections; on the first page, 4th line
from the bottom there is a grammatical error - it should be have
rather than "has" (2) he suggested the following sentence should be
- 8 - 4/10/78
added: The City Council of Delray Beach strongly and unanimously
endorses the contents of this letter.
Mr. Chapin stated he is aware of the history of reluctance to
enact legislation forcing a property owner to annex within the City.
As he understands it, that will affect the property owner's tax bill
which will in turn reduce his insurance bill so that the out-of-pocket
cost would be, in most cases, very small. Mr. Chapin stated he thinks
the time is long overdue to permit enclaves or pockets within the geo-
graphical confines of a municipality. Mr. Chapin noted that he thinks
that Mr. Pitts, Mr. Gomery and Mr. Scheifley have long advocated this
annexation and, based upon all the evidence he has heard, Council should
support this letter to the Florida Legislature.
Mrs. Durante stated she is all for sending the letter.
Mr. Sanson stated he, too, has no objections to sending the letter.
He stated he thinks that to approach this on the basis that the City
Council is trying to recognize what is best for the City of Delray,
there would be little question in his mind that this letter should be
endorsed and sent.
Mayor Weekes noted that as most of Council knows, he has been
absolutely opposed, in the past years, to enforce annexation in any
way, shape, or form; he has refused to debate it with Mr. Scheifley
publically; he has spoken against it from this forum and he still
opposes it as a matter of philosophy. He stated he thinks that many
of the so-called enclaves were created by the actions of the Delray
Beach City Council and those people didn't become enclaves by their
own choice and there is no better example in the City, than the street
on which Mr. Chapin lives. That whole subdivision was developed in
the County and it has been annexed peacemeal from that time. He stated
that, yes, there are a number of enclaves of homeowners who are per-
fectly content to continue as they were when they bought their homes.
Frankly, as an individual, Mayor Weekes stated he doesn't question their
right to want to continue that way. But in the last few years, he can
see, sitting there as a member of Council, the tremendous problems
that these enclaves are causing in trying to administer the City for
the benefit of all of its citizens. Although he doesn't support this
action, he is not going to oppose it actively and will go along with
the majority of Council.
It was the consensus of Council that this letter be sent and
Mayor Weekes requested'that the City Manager mail the letter with the
changes recommended by Mr. Scheifley. This was acknowledged by the
City Manager.
6.a.4. The City Manager reported that a public hearing is scheduled
for April 13, before the Board of County Commissioners concerning a
piece of land located at the southwest corner of Lake Ida Road and
Congress Avenue. This property is 9 acres in size and the applicant
is attempting to get the zoning changed from CN (Neighborhood Commer-
cial) to CG (General Commercial); this would be a broading of the
uses that would be permitted. The purpose for the rezoning request is
to permit the land to be used for the development of a shopping center
consisting, among other things, of a Winn-Dixie Store, Eckerds, and some
other smaller shops and smaller stores. It would not be possible for
that type of development to be constructed on the land with its pre-
sent zoning. The requested zoning, if granted by the County, would
be of a far more intensive nature and have a greater impact on the area
than if it were developed according to the present zoning. The City's
Land Use Plan designates this area as multiple family zoning - 10 units
per acre. This is before Council to see if they would like to register
any opposition to the rezoning at the hearing.
Mr. Chapin moved that Council authorize the City Manager to
communicate with the County Manager and County Commission to register
Delray's opposition to the proposed rezoning from Neighborhood Commer-
cial to General Commercial, seconded by Mr. Sanson. Said motion
passed unanimously.
- 9 - 4/10/78
Before roll call it was noted that this area is in the
reserve area of the City.
After roll call, Mr. Scheifley mentioned that in the bulletin
received from the Florida League of Cities, there is an interesting
paragraph which says they are proposing legislation that on any city-
owned land in which there wasn't activity, it would be subject to taxes;
that there had to be substantial activity on this land. Mr. Scheifley
stated he was wondering whether the City Attorney should check this
out to see what land the City has like that or at least find out what
it is all about.
The City Manager statcd that he agrees with Mr. Scheifley that
the City Attorney should check this out but in the meantime Council
should oppose legislation.
Mayor Weekes stated that it is not a matter of proposed legis-
lation; the Circuit Court in and for Sarasota County has construed
existing legislation to mean that. Section 3A of Article 7 of the
Constitution of the State of Florida is what they are interpreting - the
law is there, it is a judicial interpretation of the law. It says,
and is held, that there must be "activiey upon or an active use of the
lands owned by a municipal corporation on January 1st of each year in
order for those lands to be exempt from ad valorem taxation". Mr. Weekes
stated that one of the things Council should do, if they oppose it,
is, through the Florida League of Cities, try to get the new constitu-
tion amended to take out that particular provision or clarify it so
that it can't be interpreted in such a way as this Council is inter-
preting it.
Mr. Sanson stated that in view of all these comments made con-
cerning annexation and in view of Mr. Scheifley's comments about
Clearwater, perhaps his previous remarks on this subject of the proposed
legislation from Clearwater has more meaning. The point is they are
trying to get this legislation introduced in this session. It seems
to him, and he was not aware of it until the Mayor mentioned it, that
they had as serious a problem as Delray. But, as much as Delray has
a stake here and as many man hours as everyone has spent, he has been
on Council and for many years previous to that in this City, trying
to resolve this question, the City of Clearwater thinks they have the
answer and, if they do, Council ought to get behind them and do what-
ever it takes to try to help this legislation through. So that is
why he wanted to pass it on to the City Attorney to review, so they
can go through the process of discussion as quickly as possible. The
legislative session only lasts 60 days and they are already 10 days into
it. He requested that Council try to pass this through as quickly as
possible.
6.b. The City Manager reported that the City has two surplus
generators they would like to sell and it is recommended that Council
authorize the advertising of these two generators.
Mr. Sanson moved that Council authorize the advertising of
two surplus generators the City has for sale, seconded by Mr. Chapin.
Said motion passed unanimously.
6.c. The City Manager reported it is recommended that Council
authorize approval of Change Order No. 1 - Sanitary Sewerage Project,
Part B, Section II, Force Mains, which will add $36,812.50 to the ori-
ginal contract price of $1,189,560. The change is needed to meet
length and depth requirements of Lake Worth Drainage District and
Seaboard Coastline Railroad; protect pipe from corrosive soil conditions;
and in order to prevent severe property damage, force main route was
shifted into the street pavement in certain areas. Funding will come,
eventually, from 75% grant funds and 25% from the City's 1972 Water and
Sewer Bond Issue Fund.
Mr. Sanson stated that he has dealt with change orders over the
years and this one seems rather substantial and asked the City Manager
if this is normal. The City Manager answered; yes sometimes.
- 10 - 4/10/78
Mr. Sanson asked Mr. Gates Castle why this would not have been
picked up in the beginning when the contract went out to bid.
Gates Castle, 1707 Catherine Court, Lake Worth, Russell &
Axon Engineers, stated that this contract was originally planned back
in 1972, and since then the Lake Worth Drainage District and Seaboard
Coastline Railroad requirements increased. He explained the changes
that had taken place.
Mr. Sanson moved for the approval of Change Order No. 1 -
Sanitary Sewerage Project, Part B, Section II, Force Mains, seconded by
Mr. Chapin. Said motion passed unanimously.
6.d. The City Manager reported that the following quotations were
received for selling the City a 3/4 ton pick-up truck for the Parks &
Recreation Department:
BIDDER QUOTATION
Jack Nicklaus Pontiac, Inc. $4,980.96
Delray Beach
Hauser Motor Company 5,061.90
Delray Beach
Adams Chevrolet Company 5,786.97
Delray Beach
It is recommended that the award be made to the low bidder, Jack
Nicklaus Pontiac, Inc.,in the amount of $4,980.96, for which funds are
provided in the current budget.
Mr. Scheifley moved that Council accept the bid of Jack
Nicklaus Pontiac, Inc., Delray Beach, in the amount of $4,980.96 for
a 3/4 ton truck for the Parks & Recreation Department, seconded by
Mrs. Durante. Said motion passed unanimously.
6.e. The City Manager reported that the Chief Executive Officer of
the SCRWTD Board has requested that Council ratify certain actions
taken by the SCRWTD Board, as set forth in his March 30th letter. The
City Manager suggested that the five items listed in his memorandum
be voted on separately. Approval of the following items is before
council for passage consideration:
(1) Voted "to approve Change Order No. 1 for the Paul N. Howard
Company in the amount of $5,153.36".
Mr. Sanson moved for the approval of Change Order No. 1 for the
Paul N. Howard Company in the amount of $5,153.36, seconded by Mr. Chapin.
Said motion passed unanimously.
(4) Voted "to accept the amount of $16,320 from EPA ~nd ~ounty
for the "201" Facilities Plan Addendum". -
Approval of this item would be tantamount to the approval of
the 201 Facilities Plan. The City Manager stated that it is his under-
standing that the Boynton City Council has not ratified Board action
of the 201 Plan and it is his recommendation that this Council do like-
wise; that Council not approve the 201 Facilities Plan at this time.
The City Manager stated he thinks it needs considerably more discussion
and possibly some more revamping before it is approved; it is his
understanding that the City of Boynton Beach feels likewise and is the
reason they did not ratify it.
Mayor Weekes stated that Council goes to these meetings, votes
for these things and approves them, and when they come back to Council
they do something different. Everybody that attended the SCRWTD Board
meeting assured the members of that Board that the Delray Council
would absolutely ratify the actions of that Board and, as one member
of the Council, he intends to ratify those actions. He stated he does
- 11 - 4/10/78
CORRECTED
not intend to get into this "mishmash" again of sitting up there
debating something for an hour or hour and a half and then have it
come back to this Council and fail to ratify it.
Mr. Scheifley stated to the City Manager that he has seen a
letter from someone to the effect that Boynton Beach had not ratified
this item but it did not give any explanation why. Tonight, the City
Manager has corroborated that and suggested that this Council not vote
for this item and that it needs more study. He asked the City Manager
if he could be a little more specific.
The City Manager stated he is not happy, at least not at this
point, of the Boynton Beach Sewerage Treatment Plant being considered
as much a part of the 201, as apparently is the case; he is not at
all enthralled with the language in the management section of 201
Facilities Plan; these are his two main reasons for not wanting to
ratify this tonight.
Mr. Scheifley asked, if Council takes action and later finds
out that the City Manager has some reservations and questions about it,
how can this be corrected so that it doesn't happen in the future?
Mayor Weekes stated he does not know but, as a practical matter, since
Boynton didn't ratify this, it really doesn't make any difference
whether this Council ratifies it or not; it has got to go back to the
Board to be reconsidered.
Anthony Canon, Chief Executive Officer for the South Central
Regional Wastewater Treatment and Disposal Board, 339 East Atlantic
Avenue, Delray Beach, stated that he gave out the memorandum that
allerted this Council to Boynton's action of last Tuesday because he
thought they should be aware of it. He stated he thought they had some
real, particular reasons why they did it but, after looking into it,
he has found no good reason why they took that action. Except a mis-
understanding of what this is all about and it is happening here
where the City Manager is referring to a 201 Facility Plan needing
revision work and this money was for that plan. This isn't it exactly
- $16,320 that this Council, as well as Boynton's Council an~ the Board,
had approved back in January, to revise the 201 Facility Plan or at
least a portion of it. This is the first addendum to the revision
work needed for the 201 Facility Plan; it was basically completed back
in June, 1977 and this was submitted to DER and EPA and they rejected
it because it was not in compliance with their requirements for popu-
lation in this region. They were forced to go into revision work to
make that correction and, after many months of haggling with EPA
and their own Technical Advisory Committee members, they arrived at a
revised scope of services to revise the 201 Facilities Plan. In Decem-
ber, he met with the EPA officials and finally got some compromise
out of them as to what portions of the scope of services they would go
along with at that particular time and that was for the revision of
the population studies and a restudy of the alternatives to the waste
water treatment facility. They then proceeded, in January, by the
Board and the two cities, to make application for the funding of that
revision work to the tune of $16,320; they also made application to
the County Commissioners to pay the 25% local share with EPA paying
75%. The County responded that they would fund the 25% local share
and the EPA has now submitted a grant increase of $12,240 of the 75%.
All Council is doing now is accepting that EPA funding and County
funding and this money is to be able to pay Russell & Axon to make
the revision work on the 201 Facility Plan. Mr. Canon stated he spoke
to Mr. Lou Martin, this afternoon, and he assured him that he was
recommending to the Council and the City Manager that Council approve
this.
Mr. Scheifley asked if Mr. Canon could state in one or two
sentences exactly why Boynton Beach did not approve this. Mr. Canon
stated they had a misconception of what was intended by this and by
their liaison officer, Mr. Startzman.
The City Manager advised that the Director of Public Utilities,
Mr. Lou Martin, informed him this afternoon, about 4:30, that he was
not recommending that this be approved by City Council.
- 12 - 4/10/78
The City Manager noted that whether this Council approves this
tonight or not, is really of no immediate impact inasmuch as Boynton
Beach has not approved it. Council may take whatever action they wish,
but he just wants the record to show what his recommendation is at this
particular time.
Mr. Canon noted that as part of the EPA Grant increase, letter
of April 5, 1978, which was submitted to the City Manager this afternoon,
it states that granted amendment must be accepted within three weeks
from the date of this letter, or it becomes invalid. Unless a time
extension is requested from this office, the request must be in writing
with an explanation of the request. This is a standard clause in all
these grant increases and, if Council does not pass it tonight, they
could presumably take it up two weeks from now but you're just about at
the end of the three weeks' time.
Mr. Chapin moved that in deference to his colleagues of Boynton
Beach who have, for some reason, seen fit to table this matter that Council
table this action, seconded by Mr. Sanson. Upon roll call, Council voted
as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr.
Scheifley - Yes; Mayor Weekes - No. The motion passed with a 4 to 1 vote.
(5) Voted "that the Board authorize Mr. Canon to seek EPA funding for
the 'Start-Up Service' which is grant eligible in the amount of
$71,695."
Mr. Chapin moved that Council ratify the action of the Sewer
Board regarding the Start-Up Service, seconded by Mr. Sanson. Said motion
passed unanimously.
(2) Voted "to create the position of the Chief Plant Operator and
adopt the pay scale."
The City Manager stated that in Mr. Canon's letter of March 30,
1978, it seems to him like the letter and especially items 2 and 3, are
superfluous. He stated he read the minutes quite thoroughly today, and
there was a lot written about items 2 and 3. He stated that it seems to
it seems to him that there was an awful lot of conversation at
the Board meeting about this. At the time it came to Council, which had
to do only with the hiring of the Chief Plant Operator, and approval
of job description for setting the salary and the authorizing of Delray
Beach to employ such an individual, they took all actions approving what
%he Board had done and what Boynton Beach had done in this regard with
exception of one item - this Council deleted the approval of a page from
the WQAMPo The City of Boynton Beach then reconsidered and the Board
reconsidered and what Council has gotten back is something entirely diffe-
ent.
Mr. Chapin moved that this Council ratify the creation of the
position of a Chief Plant Operator and adopt the recommended Dav scale,
seconded by Mrs. Durante. 'Said motion passed unanimously.
Before roll call, the City Manager suggested that the motion
include "as reflected on the job description", as typed on the job
description. It is the pay scale that he and Mr. Canon have agreed to.
Upon question by the Mayor as to whether or not this serves
his purpose, Mr. Canon stated that the purpose of the Council's action
is to ratify the actions of the Board. If they would change it from
what the Board did, the motion fails.
Mayo~-Weekes stated that Mr. Federspiel, the attorney for the
Board, has advised that Council should ratify the Board action verbatim,
if they don't they change the Board action and it has to go back.
The City Manager stated he really does not Object to anything
in this with exception to item 3 and he does not object to all of that.
He stated that if Council looks at the memo dated March 16, 1978, spoken
of in item 3, he thinks the first three items are superflous being
contained in this and the appropriate place is in the job description;
however, he would not make a big point out of that. On the fifth item
which is the item he objects to, if Council, in the interest of moving
the thing along, wants to acquiesce is fine; however, if they do, he
wants the record to plainly show that on item 5, he regards this as
merely an interim arrangement and would certainly not intend for this,
in any way, to open the door for any language that might be contained
-13- 4/10/78.
CORRECTED
in the operations agreement. He stated that he thinks that this item
5 deviates from what would be the ideal with regard to this particular
section in the operations agreement, if this agreement speaks to it at
all.
The City Attorney stated that in paragraph 3, it states that this
is to be on an interim basis and it continues on to say "pending final
adoption of the Operation'~s Agreement and the O&M Manual~' The problem he
has with this was supposing that there is a further breakdown in negotiation
to the operation's agreement and preparation of the O&M Manual, that the
City will, in essence, have approved this particular job description and
this particular format and will not be able to change it unless there is
an agreement between the parties; which puts the City in the position of
having already approved it and if someone else doesn't agree with it, the
City remains with that particular item, even though it was intended on an
interim basis. Therefore, he had suggested to the City Manager that
perhaps it could be approved for an actual interim period stating days, fcA
example, 60 days, 80 days, 120 days, etc.
Mayor Weekes stated he is going to vote to approve these two
motions as they were made at the Board and as approved by the five member~
of this Council at that time.
Mr. Chapin called the question to the motion made by himself and
seconded by Mrs. Durante. Mayor Weekes asked if there was a motion and
second. The Assistant City Clerk answered yes. The Mayor then asked
Council to vote on calling the question. Council then voted on calling
the question and the vote was as follows: Mr. Chapin - Yes; Mrs. Durante -
Yes; Mr. Sanson - No; Mr. Scheifley - No; Mayor Weekes - Yes. The motion
passed with a 3 to 2 vote.
At this time, the Mayor asked the Clerk to call the roll on the
motion; and before the roll was called, Council asked for a clarification
of the motion.
Mr. Chapin stated that as he understands the motion, which has
been seconded, is to ratify the action of the Sewer Board "to create~the
position of the Chief Plant Operator and adopt the pay scale." For those
who are concerned, he stated that tkis is only on an interim basis and
the pay scale is clearly reflected in item 3, set forth in the job
description, and Council is only voting on item 2.
At this point, the roll was called on the motion.
(3) Voted "that on an interim basis to approve the job description of
Chief Plant Operator as attached to the Chief Executive Officer's
memo dated March 16, pending final adoption of the 0 & M Manual,
including giving Delray Beach the authorization to hire the C.P.O.
and including the entire memo of the C.E.O. dated March 16, 1978."
Mr. Chapin moved that this Council ratify "that on an interim
basis to approve the job description of the Chief Plant Operator, as
attached to the Chief Executive Officer's memo dated March 16, pending
final adoption of the 0 & M Manual, including giving Delray Beach the
authorization to hire the C.P.O. and including the entire memo of the A
C.E.O. dated March 16, 1978~" Mrs. Durante seconded the motion for
discussion. Upon roll call, Council voted as follows: Mr. Chapin - Yes;
Mrs. Durante - No (because she does not understand it); Mr. Sanson - Yes;
Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 4 to 1
vote.
Mr. Scheifley stated the questions raised by the City Manager were
discussed at length at the Sewer Board Meeting, and he thinks the entire
Council was aware of the possible implications of paragraph five of
Mr. Canon's letter of March 16th. Council felt that this particular wording
was taking out the fear from some of the original wording; they thought that
it was benign, harmless, and that they could live with it because it
only called for the transmittal of information reports.
The City Manager stated he was not suggesting that it not be
adopted, he was suggesting that if it is adopted, he would like the record
to clearly show that he has great apprehension about number 5 in Mr.
Canon's March 16, 1978 memorandum. He was not present to the Board's
discussion nor does he have any way of knowing, nor the City Attorney
has any way of knowing what actions the Board takes until after the
-14- 4/10/78.
Board takes them; then they receive the minutes and word is thereby
communicated to them. It is only then they are able to critique it;
the City Attorney in his own way and he in his own way. The City Manager
stated he can see this number 5 as possibly being the forerunner or a
foot in the door of something in the operations agreement that he
thinks will not be in the best interest of Delray Beach.
Mayor Weekes suggested that in order to avoid this problem,
he thinks that maybe the City Manager and the City Attorney should start
attending the Board meetings.
The City Attorney suggested that he thinks one thing would help
and that would be that if the City Manager and the City Attorney received
notification of what items were going to be placed on a Sewer Board
agenda, the specifics of those requirements and those requests before
they go on the agenda; possibly long enough ahead of time so that they
can discuss them with Council before they are required to vote at a
Sewer Board meeting. He stated he had difficulty with this when they
had the contracts that were authorized by the Board for the construction
of the plant and then for the affluent force main - in that he never
received the contracts until after they were already approved, after
which point, making any amendments or changes were impossible. It would
help everyone involved if notification was given as far in advance as
possible to everyone involved including the staff of all cities.
The City Manager stated he questions whether or not this would
serve the purpose because Mr. Canon does put out an agenda in advance
of the meeting and he can't foresee the actions of the Board anymore
than they could foresee the actions of City Council.
Mr. Chapin stated he realizes the frustration the City Manager
and the City Attorney have in not attending, and trying to protect the
interest of Delray Beach, but he thinks the other members of Council who
were at that meeting, feel that what they are doing is strictly on an
interim basis and in fact, Mr. Canon's memo of March 16 specifically
says "Re: Interim Agreement .... ".He does not think that there was one
member from the Delray Beach Council and he does not think, in good
faith, that any member of the Boynton Beach Council, felt that this
was setting any precedent for the final operations agreement and there
was considerable discussion that this might do so; they all felt that
this wouldn't set a precedent and it was on that basis that the five members
of this Council unanimously agreed to support this resolution. After being
reassured by various members of Boynton and Mr. Canon and others attend-
ing'othat meeting, it was clearly understood to be an interim agreement
and had no precedential value and does not bind the City in any way in
terms of negotiations of the operations manual. It is a good, faith
effort, on the part of the City, as well as Boynton, to get moving with
the completion of this project and gearing up for the starting of
the operation of that plant.
The City Manager stated Mr. Chapin's comments were the whole
thrust of what he was saying, that he would not want item 5, particularly,
latched on.
Mr. Sanson stated that he voted against the motion about the
201 funding, at the Sewer Board Meeting, and if he does it again tonight
he will be in line with what he did there before. Also, as page 7 indicates
at the bottom of the page, he had very serious reservations all through
the discussion about item number 5 and when he voted for it at the Board
meeting, he warned everybody there that he might be willing to change
his mind.
At this time, the roll call was had.
7.a. Mayor Weekes acknowledged receipt of the minutes of the Beautifica-
tion Committee for meetings held on March 1, 1978 and March 8, 1978.
The Mayor read paragraph 2, page 2 of the minutes of March 1, 1978,
requesting Council's action to have Mr. McCray deputized. The City Manager
informed Council that Mr. McCray no longer works for the City.
Mr. Sanson suggested that this item be referred to workshop
because he thinks this request has some merit and he would like to see it
discussed.
Mr. Chapin noted that this matter came up once before, last
-15- 4/10/78.
spring, and because of some technicality it didn't go through. The
concept is a good one and, if there is a part-time City employee
trying to enforce the ordinances, he thinks it has merit and he would
join Mr. Sanson in asking that this matter be scheduled for workshop.
It was noted that the other item for Council's action concerning
vegetation, in the minutes of March 8, would also have to be scheduled
for workshop.
It was agreed by Council that these two items be scheduled for
workshop; acknowledged by the City Manager.
8.a. The City Manager reported that Resolution No. 34-78, vacating
and abandoning a 10-foot easement between Lots 60 and 61, Delray Beach
Shores Subdivision, located in Section 21-46-43, is before Council for
passage consideration. Council, at its meeting on March 28th, authorized
the City Attorney to prepare the resolution.
The City Manager presented Resolution No. 34-78.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
A 10 FOOT EASEmeNT BETWEEN LOTS 60 AND 61, DELRAY
BEACH SHORES SUBDIVISION, LOCATED IN SECTION 21,
TOWNSHIP 46 SOUTH, RANGE 43 EAST.
(Copy of Resolution No. 34-78 is on file in the official
Resolution Book.)
Mr. Scheifley moved for the passage of Resolution No. 34-78,
seconded by Mrs. Durante. Upon roll call, Council voted as follows: Mr.
Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes;
Mayor Weekes - Yes. The motion passed with a 5 to 0 vote.
8.b. The City Manager reported that Ordinance No. 13-78, repealing
Chapter 25A "Trees and Shrubs" of the Code of Ordinances relative to
removal of certain trees, is before Council for passage consideration
on Second and FINAL Reading. This was passed on First Reading at the
March 28th meeting. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 13-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 25A
"TREES AND SHRUBS", ARTICLE II "REMOVAL OF CERTAIN
TREES" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW
CHAPTER 25A, ARTICLE II ENTITLED "REMOVAL OF
SHRUB VEGETATION AND CERTAIN TREES"; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 13-78 is on file in the official Ordinanc~
Book.)
The CLty Manager read the caption of the ordinance. 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,
Florida. The public hearing was closed.
Mr. Sanson moved for the adoption of Ordinance No. 13-78 on
Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call,
Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr.
Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion
passed with a 5 to 0 vote.
8.c. The City Manager reported that Ordinance No.20-78, is before
Council for passage consideration on Second and FINAL Reading. This
ordinance, if passed, will amend~Chapter 14 of the Code of Ordinances by
adopting the 1976 Edition of the Fire Prevention Code, the 1976 Revision
of the Fire Prevention Code and the 16 volume set of the 1978 National
Fire Codes as prescribed by the National Fire Protection Association.
-16- 4/10/78.
This ordinance was passed on First Reading at the March 28th meeting.
Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this
time.
The City Manager presented Ordinance No. 20~78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, A~NDING CILAPTER 14 "FIRE
DEPARTMENT, FIRE PREVENTION AND FIRE REGULATIONS"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH
BY REPEALING SECTION 14-1 AND SECTION 14-7 AND ENACTING
NEW SECTIONS 14-1 AND 14-7; ENACTING A NEW SECTION 14-12
PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE D~TE.
~Copy of Ordinance No. 20-78 is on file in the official
Ordinance Book.)
The City Manager read the caption of the ordinance. 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,
Florida. The public hearing was closed.
The City Attorney stated he wants to point out that on page 2,
the penalty provisions are higher than ordinarily provided in the general
penalty provision of the City ordinance. It provides a minimum fine of not
less than $100 - the maximums are still the same. This was requested by
the Fire Department and the City Attorney's office concurred in it.
Mr. Scheifley moved for the adoption of Ordinance No. 20-78 on
Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call, Council
voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes;
Mr. Scheifley - Yes; Mayor Weekes - Yes. The motion passed with a 5 to
0 vote.
8.d. The City Manager reported that Ordinance No. 21-78, amending
Chapter 29 "Zoning" of the Code of Ordinances, relative to building
height, is before Council for passage consideration on Second and FINAL
Reading. This ordinance was passed on First Reading at the March 28th
meeting. Prior to consideration of passage of this ordinance on Second
and Final Reading, a public hearing has been scheduled to be held at
this time.
The City Manager presented Ordinance No. 21-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 29-6 RM-6 (MULTIPLE
FAMILY DWELLING) DISTRICT ti) TO LIMIT THE MAXIMUM
HEIGHT TO TWO FLOORS; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 21-78 is on file in the official Ordinance
Book.)
The City Manager read the caption of the ordinance. 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,
Florida. The public hearing was closed.
The City Attorney noted that the word "highest" is deleted
from the last line - that is a typographical error - it should remain
in the ordinance.
Mr. Chapin moved for the adoption on Second and FINAL Reading,
of Ordinance No. 21-78 with the addition of the word "highest" in the
last line, seconded by Mrs. Durante. Upon roll call, Council voted as
follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr.
Scheifley - Yes; Mayor Weekes ~ Yes. The motion passed with a 5 to 0 vote.
Mr. Chapin stated that he believes there is only one outstanding
rezoning request that Council has not implemented as suggested by the
Planning & Zoning Board, in the Land Use Plan. This one ordinance may
affect one along N. W. Swinton from 2nd to about 4th Street and he would
like to ask the administration that that matter be resurrected so Council
could implement the Land Use Plan that is still pending on that property.
It was agreed and acknowledged by Council and the City
Manager that the so-called Roberts rezoning can come to regular agenda.
Mr. Chapin asked Mr. Carey if there are any other items of
unfinished business regarding implementation of Land Use Plan? He re-
called one about Sherwood Park that was referred to as the SAD district
and another one is the Tietig rezoning.
Mr. Carey stated he did not have the list in front of him but
thought that was all. Mr. Chapin requested that he double check with
the staff to make sure that they haven't overlooked any of those that
have been sent back. This was acknowledged by Mr. Carey.
8.e. The City Manager reported that Ordinance No. 18-78, relative to
rezoning and placing land presently zoned RM-15 (Multiple Family Dwelling)
District in the RM-10 (Multiple Family Dwelling) District, located on
the north side of S. W. 10th Street between S. W. 15th Avenue and S. W.
12th Avenue, is before Council for passage consideration on First
Reading. The affected property owners have been notified pursuant to
Section 166.041(3) (C), Florida Statutes. At the meeting on February
13th, Council authorized the City Attorney to prepare the ordinance.
Second and FINAL Reading and public hearing will be held at the meeting
on April 24th.
The City Manager presented Ordinance No. 18-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
AND PLACING LAND PRESENTLY ZONED RM-15
(MULTIPLE FAMILY DWELLING) DISTRICT IN
RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT,
REPLAT OF PORTIONS OF DELRAY BEACH HEIGHTS
EXTENSION SECTION "A" & "B" BLOCK 4 LOTS
1 THROUGH 16; BLOCK 6, LOTS 1 THROUGH 14;
BLOCK 8, LOTS 1 THROUGH 14; BLOCK 9, LOTS
1 THROUGH 7 AS RECORDED IN PLAT BOOK 28,
PAGE 171, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA. SAID LAND IS
LOCATED ON THE NORTH SIDE OF S. W. 10TH
STREET BETWEEN S. W. 15TH AVENUE AND S. W.
12TH AVENUE, AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1977".
The City Manager read the caption of the ordinance.
Mrs. Durante asked if she could move that Council deny this
rezoning from RM-15 to RM-10. Mayor Weekes stated that before she
makes the motion, he thinks, in all fairness to the petitioner, that he
should be present. There was a consensus of this Council that directed
the City Attorney to prepare the document before Council and it would
be unfair of Council because the petitioner is not represented tonight.
The City Attorney left with a 3 to 2 vote to prepare the ordinance;
the understanding was that Council was prepared to pass this. Since
that time the Council make-up has changed and one of the votes for it
is no longer here.
Mr. Scheifley asked what was the recommendation of the Planning
& Zoning Board. Mrs. Durante stated they recommended RM-6, which was
unanimous from the Planning & Zoning Board, but Council felt that it
should be RM-10.
Mr. Chapin moved that Council table proposed Ordinance No.
18-78 and instruct the City Administration to advise Mr. Tietig that
this will come up again and in so doing, request that the City Attorney
prepare an alternate ordinance to rezone this particular parcel to
RM-6, for the next regular Council meeting, seconded by Mr. Scheifley.
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Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante
- Yes; Mr. Sanson - Yes; Mr. Scheifley =~Yes; Mayor Weekes - Yes. Said
motion passed with a 5 to 0 vote.
Before roll call Mr. Sanson stated that the vote on this is
subject to change and he thinks it would be wise for the Administration
to do something to put forth some defense of its position other than
Mr. Kotulla's statement during the discussion of Council that he did
not know why this land was being rezoned RM-6; this was one of the main
reasons he did not see fit to go along with the recommendations; if the
Planning Director didn't know why it was recommended to go down to RM-6
then there wouldn't be too much of a basis for legal defense.
Mr. Chapin stated he thinks some members of the Planning &
Zoning Board spoke to this question and talked about the existing plat
and existing areas around it and gave good and valid reasons for the
recommendation for RM-6.
At this point the roll was called.
8.f. The City Manager reported that Ordinance No. 22-78, amending
Chapter 14 "Fire Department, Fire Prevention and Fire Regulations" of
the Code of Ordinances relative to automatic sprinkler systems, is
before Council for passage consideration on First Reading. This was
discussed at the February 6th workshop meeting.
The City Manager presented Ordinance No. 22-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
14 "FIRE DEPARTMENT, FIRE PREVENTION AND
FIRE REGUALTIONS" SECTION 14-1 OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH
BY REPEALING THAT PART OF SECTION 14-1
INCORPORATING BY REFERENCE SECTION 14.4
OF THE 1976 EDITION OF THE FIRE PREVENTION
CODE AND ENACTING A NEW SECTION 14-1.1
RELATING TO AUTOMATIC SPRINKLER SYSTEMS;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Manager read the caption of the ordinance.
Mrs. Durante moved for the passage of Ordinance No. 22-78 on
First Reading, seconded by Mr. Sanson. Upon roll call Council voted
as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes;
Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a
5 to 0 vote.
Before roll call the following discussion was had. Mr. Chapin
stated he supports this concept but he questions the four stories. He
stated he is not sure that the City fire equipment can reach four
stories and asked might not three stories be more appropriate.
Captain Slager, of the City's Fire Department, stated this
ordinance was drawn up in the same areas of the other cities in the
area. If they go down to 36 feet or three stories, there would be
more objections to it than at 40 feet or four stories. The situation
the fire department has in ladders and trucks, in this area, they can
control up to this height. A survey was made of all the other cities
in the area and all the ordinances that are in effect today are rated
at 40 feet.
Mr. Chapin stated the reason he raised the question is that
under the Planning & Zoning, there are only two classifications that
permit heights, in residential areas, in an excess of three stories
and that is RM-10 and RM-15. He would make a logical coordination
of those two zoning districts and he feels that they should be coordi-
nated.
- 19 - 4/10/78
Captain Slager stated that there is an ordinance in effect
now where anything that's over 23 feet requires some protection and
that's in the form of standpipe systems which has been the practice
in the past in all areas; even in the 13 story buildings today, that
is the maximum you can have for protection. This is the reason for
adopting something that would give added protection.
Mr. Sanson asked Captain Slager, in regard~ to exception 2C,
if the nonwood building is more than four stories, do they require a
sprinkler system unless there is a smoke detector device in the
residential units with the sprinkler system in the exit stairways?
Captain Slager stated the exception was made on this, basically,
because they felt at the time, there is a requirement for detection
devices; all residential buildings, single family on up, are required
to have smoke sentry devices. They felt that to completely sprinkle
a residential building would be a maximum requirement more than a
minimum requirement; with the detector devices already in regulation,
they felt that to sprinkle the common areas and hazardous areas would
give proper and ample protection.
Mr. Sanson asked Captain Slager if he feels that the smoke
detector devices that are going to be installed are of sufficient
quality that they will activate? He stated he understands that some
of them run on batteries and asked what happens when the batteries
are not replaced?
Captain Slager stated that in the ordinance that was just
passed, the new code requires those to be on a 110 circuit. It is
recommended that they be interconnected so that if one alarm goes
off, everyone would be alerted at that time that there is a problem.
At this point the roll was called on the motion.
10. The City Manager recommended payment of the City's bills.
Mr. Chapin moved that Council ratify payment of the City's
bills, seconded by Mrs. Durante. Said motion passed unanimously.
General Fund ................. $632,412.68
Utilities Tax Fund .............. 3,990.00
Beach Restoration .............. 378,075.09
FED Public Works Fund ............ 5,404.75
Water & Sewer Fund .............. 47,410.63
Mr. Scheifley moved, at 9:25 P.M., for the adjournment of the
meeting, seconded by Mrs. Durante. Said motion passed unanimously.
City Clerk
APPROVED:
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 April 10, 1978 which minutes were formally
approved and adopted by the City Council on ~. ~J//z ~ ~/~ /~Yf -
City Clerk
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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