11-13-78 November 13, 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, November 13, 1978, with Mayor Leon M. Weekes presiding, and
City Manager J. Eldon Mariott, City Attorney Roger Saberson, and
Council Members Robert D. Chapin, Charlotte G. 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 America was given.
3. Mr. Sanson moved for the approval of the minutes of the
regular meeting of October 23, 1978, and special meeting of October
16, 1978, seconded by Mr. Chapin. Said motion passed unanimously.
~.a.1. Mr. Chapin noted that it was the last regular meeting of
Mr. Sanson serving as a member of the Council and he publicly wished
to thank him for his cooperation and assistance as one of five
members of the Council. He has diligently served the citizens of
Delray Beach, and wished him well in his future endeavors.
Mayor Weekes stated that Mr. Sanson has asked to speak
at the next Council meeting, even though his resignation will be
effective prior to that time, and the City Attorney has advised
there would be no problem in this. Mayor Weekes stated that he
has no objection, and although this will be Mr. Sanson's last
official Council meeting, he will be in the Council Chambers at
the next meeting to say whatever he wishes to say.
4.a.2. Mr. Chapin also noted that Mr. Gomery was present, and
wished to welcome the new appointee to the Council, and hoped that
he would come to the next Workshop meeting so there will be a
continuing flow of City business.
4.b.1. Mrs. Durante echoed Mr. Chapin's remarks, with word of
thanks to Mr. Sanson for his hard work in trying to serve the City
through his position. She stated that she thought he had really
dedicated himself, and given a lot of his time and effort to taking
care of City business.
4.b.2. Mrs. Durante questioned if the City has jurisdiction over
the blinking yellow lights where there are school crossings. She
noted that on N.W. 2nd Street, the crossing for Spady School, is
a long through street, with not many breaks for traffic. There is
a tendency for people to speed through that district. She wondered
if the County could put a blinking light, such as there is at
Delray Elementary School, so that people will slow down before
they get to the school crossing. Mayor Weekes requested City Manager
Mariott to take note of same.
4.b.3. Mrs. Durante stated that the City did not improve the
appearance of the service station building recently purchased on
Atlantic Avenue before they opened it up. If any other business
had opened, the Community Appearance Board would have required them
to improve the appearance. She called attention to the yellow
barricades, and hoped that the fence mentioned in the Agenda will
be something attractive.
City Manager ~ariott stated it was his thought the City
is subject to all ordinances that anyone else is subject to. Mayor
Weekes stated that morally, if not legally, the City should adhere
to all the ordinances, and the Administration should take steps to
see that the criteria is met. City Manager Mariott stated that
he was the first to agree with Mrs. Durante on this, and that the
City should meet all requirements the same as all other people.
4.c.1. Mr. Sanson stated that he would like to take this
opportunity to commend the members of the Police Department for
the fine job done in apprehending the drug smugglers. He hoped
that some of the money from the confiscation of the property
might be returned to the Police Department for their use.
4.c.2. Mr. Sanson advised that at the Regional Planning
Council last week, in looking at the A-95 Reviews, more specific-
ally, the U. S. Corps of Engineers permit applications, he had
come across an application concerning the City of Delray Beach
that he had not heard about. It referred to an application from
Mr. Paul Hoffman to.construct a marina off Federal Highway on his
land. It will have some 52 boat slips and also facilities for
live-aboards. Mr. Sanson added that he had questioned Mr. Kotulla
as to what reaction our Zoning Code had and Mr. Kotulla felt that
there was no reaction, as to what residential districts the Marinas
were allowed in, or what controls are placed on same. There was
some question in Mr. Kotulla's mind whether or not if this marina
is constructed as a separate entity prior to the actual site plan
coming in with the residential units on land, that this marina would
have to go before anyone. It was Mr. Sanson's thought that it might
be worthy to submit this question for research and comment to the
Planning and Zoning Board. ,
4.d. Mr. Scheifley stated that he would like to echo the
sentiments of Mrs. Durante and Mr. Chapin in regard to Mr. Sanson's
service on the Council, but as he understands, he will have the
opportunity to elaborate at the next Council meeting.
4.e.1. Mayor Weekes stated that they were pleased to have present
this evening the WEBELOWS Pack No. 316, sponsored by the Cason
Methodist Church. These young men are at an age between Cub Scouts
and Boy Scouts. Their Leaders, also present, are Mr. Bill Sell
and Mr. Terry Richter. He had been to speak to them three or four
weeks ago, and he told them how much their interest in City government
was appreciated.
4.e.2. Mayor Weekes stated that he would reserve his comments
regarding Mr. Sanson's retiring from City Council until next meeting
when we will have an opportunity to speak to that issue.
4.e.3. Mayor Weekes reiterated what Mr. Sanson had said about
the Police Department. He explained for anyone who had not read
it in the newspaper, that the Delray Beach Police Department had
confiscated two vessels in drug raids during the last week. One
is a huge custom-built yacht, either 56 or 66 ft. long. The other
vessel is a 25 ft. boat, equipped for speed, also, some miscellaneous
things along with it. It appears that these two confiscations will
result in almost the equivalent of one millage of tax revenue to
the City, when they are ultimately disposed of. This is the third
and fourth vessel- that they have confiscated in connection with drug
raids, and they certainly do deserve a vote of praise and confidence
from those in the City for that.
4.e.4. Mayor Weekes acknowledged a letter from the Delray Beach
C.B. Monitors, and Stated that the Council had appropriated $300 to
help them install an antenna and upqrade their equipment. A letter
was received from Marion McLeod and Gegrge Kilburn, Co-Directors of
that unit. City M~nager Mariott was requested to have copies of the
letter sent to Council. Council has been requested to attend their
meetings, which have been moved from Monday night to Tuesday night,
in order to accommodate those who would like to go to the meetings.
- 2 - 11/13/78
4.e.5. Mayor Weekes presented the following proclamations:
(1) "Jewish War Veterans Week", November 6 - 11, 1978 and (2)
"Human Rights Week", December 10-16, 1978.
5. There were no public requests from the floor.
6.a. The City Manager had no items to present that were not
bn the agenda.
Mrs. Durante left the Council Chambers at 7:15 P.M.
6.b. The City Manager recommended that Council authorize
execution of an agreement between the City and Palm Beach County
School Board with respect to the Community School Program, which
has been in operation in the City for several years. This agreement
is identical to the one which is now in effect and is for the 1978-79
fiscal year involving an expenditure of $8,000 per year by the City.
Funds are provided in the 1978-79 budget for this purpose.
Mr. Chapin moved for the approval of the proposed agree-
ment between the City and the Palm Beach County School Board in
respect to the Community School Program which has been in effect
for the past 4 or 5 years, seconded by Mr. Sanson. Said motion
passed unanimously.
4.e.6. Mayor Weekes stated there was one Item that he overlooked
announcing, which he considered very important, and that is the
discussions with the County Commission and the County Planning
Department regarding the differences in our Land Use Program and
the County's Land Use Plan. To that end, there, will be a public
hearing on November 15, 1978 at 7:00 P.M. in the County Commission
Chambers, on their Land Use Plan. That will be the time to present
formally our differences, and try to get them resolved with the
County Commission. Since he will be away from the City at that
time, he has asked V~ce-Mayor Chapin to represent the City of
Delray Beach. Mr. Kotulla, Mr. Frank Carey, Mr. Sanson and
Mr. Gomery will be there to represent the City.
Mrs. Durante returned to the Council chambers at 7:20 P.M.
6.c. The City Manager recommended that Counc±l approve an
Inter-Local Agreement between the City and the County providing
for continuation of the Community Development Program for the
1979-80 fiscal year. This was discussed at the November 6th
Workshop Meeting.
Mr. Chapin moved that the Council approve the proposed
Inter-Local Agreement between the City and the County, a continuation
of the Community Development Program, seconded by Mrs. Durante. Said
motion passed unanimously.
6.d.,~ The City Manager recommended t~hat Council authorize approval
of Change Order No. 1 -- Pompey Park Recreation Center which increases
the construction cost by $3,785.29. Included in the increase is the
amount of $2,289., previously approved by Council.
Mr. Scheifley moved for the approval of Change Order
No. 1 -- Pompey Park Recreation Center, outlined in Exhibit 6.d.
attached to the agenda, seconded by Mrs. Durante. Said motion passed
unanimously.
Mr. Sanson stated that he was a little confused. He was
under the impression that the Council had decided not to put in the
solar system. City Manager Mariott stated that was correct, but
this Change Order was approved by Council in connection with the
solar system. They had to forego the.solar system. It is possible
that it can be added at a later date, provided funds become available.
- 3 - 11/13/78
6.e. The City Manager reported that Council, at the workshop
meeting on August 15th, tentatively agreed to have May, Zima &
Company develop the accounting system to be used in the Delray
Beach Country Club upon acquisition by the CitY. Approval is
recommended. The estimated cost to the City is $5,500 to $7,500
a year. This will be billed based upon the time that is necessary
for the firm to spend in regard to the audit and the other procedures
involved.
Mr. Chapin stated that he has had an opportunity to
diligently review May, Zima & Company's letter, dated August 16.
It was his thought that the range of $5,500 to $7,500 is somewhat high
to set up accounting procedures and controls. He stated that he would
be interested if there were any feed-back from the Administration, and
if so, what it has been.
The City Manager advised that the rates and fee schedule
had been considered by the Administration, and the fee amount had
been discussed at the Workshop meeting, and he didilnot recall any
objection being voiced to it. The fee schedule is in line with
the schedule they use to bill the city for other auditing work.
Attorney Saberson referred to the third paragraph on the
second page of May, Zima & Company's letter dated August 16, 1978,
which indicates that in the event the time required to complete the
service is less than the estimate, they will bill the lesser amount.
So, the $5,500 is not a minimum fee. It is only a fee range if the
hours needed to complete the work is less than the estimate, they
will bill the lesser amount.
Mr. Chapin moved that Council approve in concept the
propOsed fee agreement between the CitY and May, Zima & Company
for developing an accounting system to be set up for the operation
of the City's purchase of the Delray Beach Country Club, subject
to clarification as determined in the fee arrangement of billing
hours by the City administration, seconded by Mr. Scheifley. Said
motion passed unanimously.
Before roll call Mr. Scheifley questioned whether this
amount would come from the proposed potential bond issue, and be
a legitimate expense. The City Manager stated it would be billed
to the Golf account. There would be a special account set up, and
this would not be p~id out of the General Fund.
Attorney Saberson stated it is certainly a legitimate
expense allocable to the Country Club operation, but whether it
would be payable from the bond proceeds would be another question.
City Manager Mariott stated that it would be his opinion that it
could not be paid from the bond issue money, because this will be
an operational expense.
6.f. The City Manager reported that it is recommended that
Council approve a 12-foot easement deed between the City and
Florida Power & Light at S.W. 6th Street between S.W. 8th Avenue and
S.W. 14th Avenue in order for Florida Power & Light to provide
overhead service to the irrigation pump at the cemetery. There is
no money involved and this easement lies wholly within City property.
Council, at its October 9th meeting, approved the easement
deed with the insertion of the 30-day revocable clause suggested by
the City Attorney. Florida Power & Light was not agreeable to the
inserted 30-day revocable clause and the City Attorney has agreed
that in view of the circumstances involved, it would be appropriate
to delete the revocable clause.
- 4 - 11/13/78
Mr. Chapin moved that based on the advice of the City
Attorney, that the Council approve a 12 foot easement deed between
the City and Florida Power & Light at S.W. 6th St. between S.W. 8th
Avenue and S.W. 14th Avenue, seconded by Mr. Sanson. Said motion
passed unanimously.
6.g. The City Manager reported that it is recommended that
Council approve the Final Reconciliation Agreement - Well 1-W in
the amount of $21,842.9~, which completes this contract. The total
contract amount was $68,899.84. No change in the amount of funding
is involved.
Mr. Sanson moved that Council approve the final reconcilia-
tion agreement of Well 1-W ±n the amount of $21,842.99, seconded by
Mr. Scheifley. Said motion passed unanimously. ~
6.h. The City Manager reported that it is recommended that
Council approve the Final Estimate Reconciliation Agreement -
Sanitary Sewer Improvements, Round II in the amount of $41,102.03,
which completes this contract. The total contract amount was
$361,737.24. No change in funding is involved.
Mr. Scheifley moved for the approval of the Final Estimate
Reconciliation Agreement - Sanitary Sewer Improvements, Round II,
seconded by Mr. Chapin. Said motion passed unanimously.
6.i. The City Manager reported that it is recommended that
Council authorize approval of Change Order No. 3 - Sanitary Sewer
Project involving the following work at the Master L~ft Station:
1. Construction of a new chlorine storage building to
provide additional chlorine storage, proper handling
equipment and required safety features.
2. Addition of drywell monorail system for pump and
motor removal as required for repairs and/or mainten-
ance.
3. Addition of wetwell ventilation system for odor and
corrosion control.
4. Furnishing and installation of new chlorinator, along
with rehabilitation of existing chlorinator in order
to have two reliable chlorinators.
5. Installation of complete flow metering system to pace
the chlorine dosage as flows vary. ·
The cost of these modifications amounting to $221,042.75
is eligible for 75% funding by EPA. The City's share would
amount to $73,680.92. The total adjusted contract price is
$547,655.75.
The City Manager stated that it is recommended that Council
give its approval subject to the receipt of Federal Grant Funds
approval, with the City's share to be paid from the 1972 Water and
Sewer Revenue Bond Issue Fund.
Mrs. Durante moved for the approval of Change Order No. 3 -
Sanitary Sewer Project, subject to the receipt of the Grant Funds,
with the City's share to be paid from the 1972 Water and Sewer Revenue
Bond Issue Fund, seconded by Mr. Scheifley. Said motion passed
unanimously.
6.j. The City Manager reported, that pursuant to informal workshop
decision last Monday night, Council is to give consideration to
discontinuing the practice of Council approving payment of Bills for
Approval as an agenda item. The rationale is that disbursements are
made in accordance with prior budget or other authorization and,
additionally, that in many instances the checks have already been
written and sometimes released prior to Council Agenda action.
- 5 - 11/13/78
Mr. Chapin moved that Council approve a change in policy,
striking from the regular agendas the items traditionally held, i.e.
ratification or approval of bills, and that the bi-weekly payment
of the City bills be continued to be kept and sent to the Council
members in their regular packet of item agendas bi-monthly, and that
if any member wishes to raise the question of source of payment of
City funds that he or she raise that at a regular meeting under
"Presentation of Items By Council Members", seconded by Mrs. Durante.
Upon roll call Council voted as follows: Mr. Chapin - Yes;
Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor
Weekes - Yes. Said motion passed with a 4 to 1 vote.
Before roll call the City Manager stated that he would like
to make a slight cha.nge to the motion. There might be a slight change'
from time to time with regard to when the listing of the bills for
approval along with the agenda information would be sent to Council.
They will be prepared and furnished to Council when prepared.
6.k. The City Manager reported that the terms'of Roy Simon,
regular member, George Armas, regular member and Donald A. Goodrum,
alternate member of the Community Appearance Board, expired on August
25, 1978. All three men are willing to accept reappointment to
two-year terms on the CAB expiring August 25, 1980 if Council so
desires. These reappointments have been recommended by the Chairman
of the CAB.
Mr. Scheifley moved that the terms of Roy Simon, George
Armas and Donald A. Goodrum be reappointed for two-year periods in
the positions they now hold on the Community Appearance Board,
seconded by Mr. Sanson.
Mayor Weekes stated that there is going to be another
vacancy created on the Community Appearance Board by Mr. Gomery coming
to Council. Mr. Goodrum presently is an alternate member of that
Board and they feel it would be beneficial if Mr. Goodrum were a
regular member of that Board. The ~ayor suggested that Council
appoint Mr. Goodrum as a regular member of the Community Appearance
Board along with Roy Simon and George Armas, and hold the vacancy
Of the alternate member open for the time being.
Mr. Scheifley withdrew his motion and ~r. Sanson withdrew
his second.
Mr. Chapin moved that Council approve the appointment of
Roy Simon and George Armas as regular members of the Community
Appearance Board for a term expiring August 25, 1980 and that Donald
A. Goodrum be appointed as a regular member to the Community Appear-
ance Board to take the place of Mr. Gomery upon his resignation from
that Board which he assumes will be effective November 27, 1978 for
the b~lance of that term ending August 25, 1979, seconded by Mr.
Sanson. Said motion passed unanimously.
6.1. The City Manager reported that Mrs. Ethel %~illiams, who
owns a triangular piece of property located at the northeast corner
of the intersection of 1-95 and S.W. 3rd Street, has offered it for
sale to the City. The City does not have any current pressing need
for the property. It is possible that it would be needed at a future
date for utility purposes, perhaps a pumping station. ~It is possible
it may be used for playground purposes although it is near Catherine
Strong Center and Carver School.
Since the price at which the City can acquire the property
is so favorable, the City Manager recommended that the City buy the
property as a hedge against the need at some future date for a small
piece of property in this location. It is a half acre in size and
11/13/78
it is appraised at $3,000. 'The assessed value on the tax roll
is $2,385. and the owner is agreeable to sell the land to the
City at the assessed value.
In response to Mr. Scheifley, the City Manager stated
that the money for this land would come 'from the General Fund
Contingency Account. If Council so desires this item can be
referred to a wOrkshop meeting.
Mayor Weekes recommended that Council defer this to a
workshop meeting.
Mr. Sanson suggested that Council could serve its decision
making process if they might have the Planning & Zoning Department
or the Building Department take a look at this piece of property in
the meantime and determine that something can be done with the land
in the terms of development.
The City Manager stated that this has been done.
Mr. Sanson moved that this item be referred to a workshop
meeting, seconded by Mr. Scheifley. Said motion passed unanimously.
6.m. The City Manager reported that the following bids have
been received for selling the City 15 1979 vehicles for the Police
Department:
Bidder Quotation
Earl Wallace Ford, Inc.
Delray Beach $86,931.00
Adams Chevrolet
Delray Beach 90,735.00
Jack Nicklaus Pontiac
Delray Beach 92,662.77
Dan Burns Oldsmobile, Inc.
Delray Beach 94,644.30
It is recommended that the award be made to the low bidder, Earl
Wallace Ford, Inc. in the amount of $86,931.00. They have provided
in the Federal Revenue Sharing portion of the budget $73,800.00 for
this purpose which leaves them $13,131.00 short. However, that
shortage can be made up without any additional appropriation because
the Walkie-Talkie purchase for the Police Department will be reduced
from 17 units to 12 units.
The City Attorney stated that because this exceeds the
specifically budgeted amount by more than 10%, he would like to put
this into a resolution to be voted on at the next meeting.
Mr. Scheifley moved that the City Attorney be instructed
to prepare a resolution fOr the purchase of 15 vehicles for the
Police Department from Earl Wallace Ford, Inc. &~% the price of
$86,931.00, $73,000.00 to come from the Federal Revenue Sharing
Funds and $13,131.00 to come from the 78-79 budget for the Police
walkie-talkies, seconded by Mr. Sanson. Said motion passed unanimously.
6.n. The City Manager reported that it is recommended that
Council authorize the execution of an agreement between the City
and Palm Beach County providing for the funding of equipment and
improvements for the Pompey Park Recreation Center in the amount
of $90,000.
Mr. Sanson moved that Council authorize the execution
of an agreement between the City and Palm Beach County for the
11/13/78
funding of equipment and improvements for the Pompey Park
Recreation Center in the amount of $90,000, seconded by Mr.
Scheifley. Said motion passed unanimously.
6.o. The City Manager reported that it is recommended that
Council authorize the execution of a contract with the Department
of Community Affairs to implement the local program of Planned
Parenthood - Palm Beach Area, Inc. Council authorized the filing
of the grant application for this program pursuant to Resolution
No. 77-78 on September 13th. The contract requires the City to
provide a 50% local match which Planned Parenthood has agreed
to provide.
Mr. Chapin moved that Council approve a continuation of
the agreement between the City and the Community Affairs Department
of the State of Florida for funding for Planned Parenthood, Palm
Beach Area, Inc., the same agreement that they entered into the last
two years with the same financial protections for the City, seconded
by Mr. Sanson. Said motion passed unanimously.
6.p. The City Manager reported that it is recommended that
Council approve the financial arrangement with the Country Club
Pro-Manager. It is his understanding that not all members of
Council are ready to proceed with this and if that is the case he
suggested that it be skipped over tonight and be taken up within
the next few days.
After some discussion, Mayor Weekes recommended that they
set a time for workshop this week and act on it at a special meeting
a week from tonight.
At 8:07 P.M. a recess was taken. The meeting reconvened
at 8:10 P.M.
It was the consensus of Council that the City Manager
poll the Council members to determine when the meeting could be
scheduled.
7.a. The City Manager reported that as was discussed at
workshop on November 6th, Council is to consider giving its sanction
for A-95 Clearinghouse revie%~ for the County's application for approval
and funding of a Law Enforcement Applicant Processing Center.
Mr. Sanson stated that it was his feeling that this project
should be opposed. He feels that although it appears small on the
surface, it is another step towards the ultimate taking over of the
City's public safety departments in the sense of forced consolidation.
Mayor Weekes stated that many times an applicant will
apply to three, four or five Police Departments and each one of
those Police Departments has to do the background check, the lie
detector test and all of those things that go into it. If it were
done by one cen-tral agency, they could avoid all that duplication
of effort.
Mr. Chapin moved that the City ratify approval of the
County's application for funding for the Law Enforcement Applicant
Processing Center, seconded by Mr. Scheifley. Upon roll call Council
voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson -
No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with
a 4 to 1 vote.
7.b. Mayor Weekes acknowledged the minutes of the Beautifica-
tion Committee for the meeting of October 4, 1978. In those minutes
Council action was requested in the matter of requiring the developers
to put the bike paths that are torn up in connection with their
development back into shape and not two to three years hence. This
was discussed at a workshop meeting and the City Attorney is looking
into it and will get back to Council.
- 8 - 11/13/78
7.c. The City Manager reported that a communication has
been received from the Area Planning Board dated October 25th
requesting A-95 Clearinghouse review and comment relative to
the Palm Beach County Board of Commissioners Application for
continuation of funding of the Palm Beach County Metropolitan
Criminal Justice Planning Unit. The continuation of funding
for this program will have no adverse effects on the local
natural, social or economic environment and there is no duplica-
tion between efforts of the proposed program and those of any
related local projects or programs. This is a subgrant application
for LEAA (Law Enforcement Assistance Administration) funds for the
period from October 1, 1978 through September 30, 1979. Approval
is recommended.
Mr. Chapin moved for continuation of funding of the
Palm Beach County Metropolitan Criminal Justice Planning Unit,
seconded by Mr. Scheifley. Said motion passed unanimously.
8.a. The City I{anager reported that the following quotations
have been received for selling the City one garbage packer truck
for the Public Works Department:
Bidder Quotation
MTA Corporation
Amelia Island $53,436.74
Southland Equipment Corporation
Bartow 53,965.00
White Motor Corporation
Ft. Lauderdale 54,972.07
It is recommended that the award be made to the low bidder,
MTA Corporation in the amount of $53,436.74 by passage of
Resolution No. 92-78. Funding for this project will come from
the 1978-79 Federal Revenue Sharing Account.
The City I~anager presented Resolution No. ~2-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
PURCHASE OF ONE NEW GARBAGE PACKER TRUCK.
(Copy of Resolution No. 92-78 is on file in the official
Resolution Book).
Mayor Weekes stated that there is a $500 difference
between MTA Corporation and Southland Equipment Corporation. MTA
is located on Amelia Island which is somewhere north of Jacksonville
on the Georgia border and Southland Equipment Corporation is located
in Bartow. He asked the City Manager if the MTA Corporation would
be in as good a position to service the equipment as would the
Southland Equipment Corporation.
The City Manager stated that he would assume that
Public Works and Finance Departments would have gotten to him
with regard to that had there been a problem on servicing. $400-$500
is quite an item. If it were just a few dollars, there would be a
lot more reason to look at it closely.
Mr. Scheifley moved for the approval of Resolution No. 92-78,
seconded by Mrs. Durante. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. $cheifley-
Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
- 9 - 11/13/78
8.b. The City Manager reported that the following quotations
have been received for furnishing and installing landscaping for
Pompey Park Recreation Center:
Bidder - Quotation
Sinclair Landscape Nursery, Inc.
Delray Beach $15,768.97
Griffin Brothers Co., Inc.
Davie 15, 962.00
Cartwright's Landscaping
Delray Beach 20,870.60
This is one of the items to be paid for out of the $90,000.00
allocation that was approved by Council earlier in this meeting.
It is recommended that the contract be awarded to the low bidder,
Sinclair Landscape Nursery, Inc. in the amount of $15,768.97
by passage of ResoLution No. 93-78. Funding for this project
will be received from the Palm Beach County 1978-79 Community
Development Funds. The contract will not be executed until the
City is notified that sufficient funds will be forthcoming from
the County Community Development Funds for funding the project.
The City Manager presented Resolution No. 93-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT
FOR FURNISHING AND INSTALLING LANDSCAPING
FOR POMPEY PARK RECREATION CENTER.
~opy of Resolution No. 93-78 is on file in the official
Resolution Book).
Mr. Sanson moved for the passage of Resolution No. 93-78
with the conditions as outlined by Mr. Mariott, 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. Said motion passed with a 5 to 0 vote.
8.c. The City Manager reported that the following quotations
have been received for the installation of a lawn sprinkler system
for Pompey Park Recreation Center:
Bidder Quotation
Ribatto Lawn Sprinkler Company
Boynton Beach $7,240.00
Rohrbaugh Sprinkler Service
Boynton Beach 7,450.00
It is recommended that the contract be awarded to the low bidder,
Ribatto Lawn Sprinkler Company in the amount of $7,240.00 by passage
of Resolution No. 94-78. Funding for this project will be received
from Palm Beach County 1978-79 Community Development Funds. The
contract will not be executed until the City is notified that
sufficient funds will be forthcoming from the County Community
Development Funds for funding the project.
The City Manager presented Resolution No. 94-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DE~RAY BEACH, FLORIDA, AWARDING A CONTRACT
TO FURNISH LABOR AND MATERIALS FOR A LAWN
SPRINKLER SYSTEM FOR POMPEY PARK RECREATION
CENTER.
- 10 - 11/13/78
(Copy of Resolution No. 94-78 is on file in the official
Resolution Book).
Mr. Scheifley moved for the passage of Resolution No. 94-78
with the reservation that the contract will not be executed until
the funds are approved and the arrangements are satisfactory to the
County, 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. Said motion passed with a
5 to 0 vote.
8.d.e.f. The City Manager reported that it is recommended that
Resolution No. 95-78 accepting sanitary sewers and water utilities
installed in the Hamlet Tract CLakewoode Section I Subdivision)
be approved as oper~t±onal.
The City Manager presented Resolution No. 95-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY
SEWERS ~D WATER UTILITIES INSTALLED IN THE HAS, ET
TRACT, KNOWN AS LAKEWOODE SECTION I SUBDIVISION,
PLAT I, AS RECORDED IN PLAT BOOK 33, PAGES 103
AND ~1104 OF THE'PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES
TO BE IMPOSED FOR THE SERVICES AND FACILITIES
FU~qISHED BY SAID UTILITIES.
(Copy of Resolution No. 95-78 is on file in the official
Resolution Book).
The City Manager reported that it is recommended that
Resolution No. 96-78 accepting sanitary sewers and water utilities
installed in the Hamlet Tract ~Lakewoode Section lI Subd~v±s±on)
be approved as operational.
The City Manager presented Resolution No, 96-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY
SEWERS AND WATER UTILITIES INSTALLED IN TI{E H3L~ILET
TRACT, KNO~q AS LAKEWOODE SECTION II SUBDIVISION,
PLAT II, AS RECORDED IN PLAT BOOK 33, PAGES 105
AND i106 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES
TO BE IMPOSED FOR THE SERVICES kND FACILITIES
FURNISHED BY SAID UTILITIES.
(.Copy of Resolution No. 96-78 is on file in the official
Resolution Book).
The City Manager reported that it is recommended that
Resolution No. 97-78 accepting sanitary sewers and water utilities
installed in the Hamlet Tract (Lakewoode Section III Subdivision)
be approved as operational.
The City Manager presented Resolution No. 97-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY'
SEWERS AND WATER UTILITIES INSTALLED IN THE H~LET
TRACT, KNO~ AS LAKEWOODE SECTION II1 SUBDIVISION,
PLAT III, AS RECORDED IN PLAT BOOK 34, PAGES 99 and
100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
' FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES
TO BE IMPOSED FOR THE SERVICES ~4D FACILITIES
FURNISHED BY SAID UTILITIES.
- 11 - 11/13/78
(Copy of Resolution No. 97-78 is on file in the official
Resolution Book~.
Mr. Chapin moved that Council approve Resolution Nos.
95-78, 96-78, and 97-78, 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 - Yes. Said
motion passed with a 5 to 0 vote.
8.g. The City Manager reported that the following quotation
has been received to sell the City a heavy duty reproduction machine
for the Engineering Department:
Bidder Quotation
Bruning $1,630
Miami - 100 ~rade-in of old machine)
31,530
The volume of reproduction work in the Engineering bDepartment has
been steadily increasing. Two quality machines in the past have
broken down under heavy usage. A competitor's machine used on a
trial basis, broke down during a demonstration. It is recommended
that the award be made to Bruning, a Division of Addressograph
Multigraph, in the amount of $1,530 by passage of Resolution
No. 98-78, with funds to come from funds budgeted for this purpose.
The City Manager presented Resolution No. 98-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCH~.SE
OF A HEAVY DUTY REPRODUCTION MACHINE.
(Copy of Resolution No. 98-78 is on file in the official
Resolution Book).
Mr. Chapin moved that Resolution No. 98-78 be approved,
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. Said motion passed with a 5 to 0 vote.
8.h. The City Manager reported that Council approved construction
of a seawall to prevent erosion on Lot 350, Tropic Isle, 3rd Section
by adoption of Resolution No. 49-78 on June 26th. The Department of
Environmental Regulation has withheld the permit for the construction
because the DER evaluation must be read into the minutes of the
Council meeting at which final City action is taken. A copy of the
DER evaluation, including a recommendation for approval, is attached
to Resolution No. 99-78 which is before Council for consideration
tonight. Approval is recommended.
The City Manager presented Resolution 99-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUCTION i~:'
OF A "T" PILE AND SLAB TYPE, CONCRETE SEAWALL AND
BACKFILL WHERE APPROPRIATE, FOR THE PRIMARY PURPOSE
OF PREVENTING EROSION ON LOT 350, TROPIC ISLE, 3RD
SECTION, CITY OF DELRAY BEACH, AS RECORDED IN PLAT
BOOK 25, PAGE 37, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
(Copy of Resolution No. 99-78 is on file in the official
Resolution Book).
Mr. Scheifley moved for the passage of Resolution No.
99-78 with the understanding that the attachments from the State of
- 12 - 11/13/78
Florida Department of Environmental Regulation entitled "Permit
Application Appraisal" consisting of 6 pages be incorporated as
a basic part of the resolution and be incorporated verbatim in
the minutes of this meeting, 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.
Said motion passed with a 5 to 0 vote.
A copy of the Permit Application Appraisal from the DER
is attached.
8.i. The City Manager reported that the following quotations
have been received for the installation of a security fence around
the City garage annex:
Bidder Quotation
Mario Aurecchio Fence Division, Inc.
Plantation $1,410.00
Budget Fence Co., Inc.
West Palm Beach 1,675.80
Southern Fence Company
Boca Raton 1,710.00
It is recommended that the contract be awarded to the low bidder,
Mario Aurecch±o Fence Division, Inc. in the amount of $1,410.00
by passage of Resolution No. 100-78 with funding to come from the
General Fund Contingency Account.
The City Manager presented Resolution No. 100-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF
A CONTRACT FOR THE INSTALLATION OF A SECURITY
FENCE AROUND THE CITY GARAGE ANNEX.
After dliscuss±on as to the type fence, Council agreed
to table the resolution until a determination could be made.
Mr. Scheifley moved that Council table Resolution
No. 100-78 until the next meeting, 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.
Said motion passed with a 5 to 0 vote.
8.j. The City Manager reported that Ordinance No. 74-78
relative to annexing a 12.5-acre parcel of land located in Section
7-46-43 at the southeast corner of the intersection of Lake Ida Road
and Congress Avenue, subject to CC (Community Commercial) District
is before Council for consideration on Second and FINAL Reading.
This ordinance was passed on First Reading at the October 9th 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. 74-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA ANNEXING TO THE CITY OF
DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 7,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR
THE ZONING THEREOF.
- 13 - 11/13/78
~opy of Ordinance No. 74-78 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.
Mr. Chapin moved for the passage of Ordinance No. 74-78
on Second and FINAL Reading, 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 - Yes. Said
motion passed with a 5 to 0 vote.
8.k. The City Manager reported that Ordinance No. 75-78 is
before Council for consideration on Second and FINAL Reading. This
ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of
Ordinances requiring a unity of title with site and development plan
applications. This ordinance was passed on First Reading at the
October 23rd 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. 75-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE
CODE OF ORDINANCES BY REPEALING SECTION 29-22 (G~ (14)
PERTAINING TO REQUIRING A UNITY OF TITLE WITH SITE
AND DEVELOPMENT PLAN APPLICATIONS; RENUMBERING PRESENT
SECTION 29-22(G)C15); PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 75-78 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 that the ordinance has been
corrected in the numbering of the paragraphs.
Mrs. Durante moved for the passage of Ordinance No. 75-78
on Second and FINAL Reading, seconded by Mr. Chaptn. 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.
8.1. The City Manager reported that Ordinance No. 76-78 amend-
ing Chapter 1 "General Provisions" of the Code of Ordinances pertaining
to assessment of court cost for law enforcement education is before
Council for consideration on Second and FINAL Reading. This ordinance
was passed on First Reading at the October 23rd 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. 76-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE
CODE OF ORDINANCES BY REPEALING PRESENT SECTION
1-9, PERTAINING TO ASSESSMENT OF COURT COST FOR
LAW ENFORCEMENT EDUCATION; ENACTING A NEW SECTION 1-9
ELIMINATING THE REQUIREMENT THAT MONEY COLLECTED
THEREUNDER BE DEPOSITED IN A SEPARATE FUND; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 76-78 is on file in the Official
Ordinance Book).
~ - 14 - 11/13/78
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.
Mr. Scheifley moved for the passage of Ordinance No.
76-78 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. Said motion passed with a 5 to 0 vote.
8.m. The City Manager reported that Ordinance No. 77-78
repealing Section 3-14(E)~1), Chapter 3 "Signs and Billboards
of the Code of OrdiNances permitting the main use sign of a
shopping center to display the name of the center and/or list
the names of the retail stores and service establishments located
therein is before Council for consideration on Second and FINAL
Reading. 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. 77-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING SECTION 3-14
(E) (1) OF CHAPTER 3 "SIGNS AND BILLBOARDS" OF
THE CODE OF ORDINANCES AND ENACTING A NEW SECTION
(E) (1), PErmITTING THE ~IN USE SIGN OF A SHOPPING
CENTER TO DISPLAY THE NA~4E OF THE CENTER AND/OR ,?
LIST THE NAMES OF THE RETAIL STORES AND SERVICE
ESTABLISHMENTS LOCATED THEREIN, ALSO PROVIDING
THAT EACH UNIT OF A SHOPPING CENTER ~,IAY UTILIZE
A FLAT SIGN; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 77-78 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.
Jack Gomery questioned the interpretation of this ordinance
by the Community Appearance Board. Does this mean that the Delray
Mall could erect a sign out by Federal Highway and list the names
of all 30 or 40 businesses there, or does this mean they must hang
it on the front of the building similar to a directory sign? He can
see that a small shopping center needs something on the front but
when it gets to a large operation, he doesn't know how they will
handle it.
The City Attorney stated that any use that would meet the
definitation of a shopping center in the sign code would be entitled
to a free standing sign, fixed projection sign or flat sign subject
to size limitations set forth in the sections cited in the ordinance
and the Delray Mall would definitely meet the definition of a shopping
center.
In response to Mr. Sanson, the City Attorney stated that
this refers to a group of retail stores or service establishments
or any other business planned to serve a community of neighborhood.
Mr. Chapin moved that this matter be tabled for further
discussion by the Sign Ordinance Committee.
11/13/78
The City Attorney stated that when the Sign Ordinance
Committee discussed this at the meeting it was specifically in
reference to the section cited in the ordinance which deals with
commercial districts and shopping centers, and the amendment was
prepared along the lines of amending that section of the ordinance.
Council can adopt the ordinance tonight as it is with the instruction
that the Sign Committee look at the problem again. The Sign Ordinance
is going to have to be amended anyway in regard to other portions
that need to be amended. At that time this could then be taken care
of. Another alternative would be to table the ordinance and another
would be just to go ahead and pass it and leave it as it is.
The public hearing was closed.
Mayor Weekes recommended that Council go ahead and pass
this ordinance tonight and let the Sign Committee make whatever'
recommendations as to limitations to particular zoning districts
in which this would be applicable.
Mr. Scheifley moved for the passage of Ordinance No. 77-78
on Second and FINAL Reading with the request that .the Community
Appearance Board or the Sign Committee look into the question as
to how this would apply to large shopping centers and suggest an
amendment to this ordinance to correct the situation, seconded by
Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin -
No; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes;
Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote.
8.n. The City Manager reported that Ordinance No. 78-78 amending
Chapter 9 "Building Code" of the Code of Ordinances relative to
consolidation of construction boards is before Council for considera-
tion on First Reading.
The City Manager presented Ordinance No. 78-78:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9,
"BUILDING CODE" OF THE CODE OF ORDINANCES BY
ENACTING A NEW ARTICLE IV ESTABLISHING A BOARD
OF CONSTRUCTION APPEALS TO }{EAR APPEALS CONCERN-
ING INTERPRETATION OR ADMINISTRATION OF THE
PROVISIONS OF CHAPTER 9, "BUILDING CODE";
"ELECTRICITY"; AND CHAPTER 21,
CHAPTER 13,
"PLUMBING"; ESTABLISHING AN APPEALS PROCEDURE;
REPEALING SECTIONS OF THE AFOREMENTIONED CHAPTERS
ESTABLISHING AND GIVING POWERS TO THE BUILDING
CODE APPEAL BOARD, ELECTRICAL EX~4INING BOARD,
PLUMBING BOARD, AND STANDARD ~ECHANICAL EXAMINING
BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Manager read the caption of the Ordinance.
City Attorney Saberson called attention to two items that
have to be filled in by Council. One is the term of the Board Members.
The second item is the time in which a vacancy should be filled, and
he recommended sixty days. Mr. Chapin suggested that in regard to
the second paragraph'on Page 4, Appeal Procedure, it should be worded
a little clearer, prior to the Second Reading.
Mr. Chapin moved for the adoption of Ordinance No. 78-78
on First Reading, with the additions in sub!section C, the term
being three years, and a vacancy being filled within sixty days
from the resignation of a member, 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'.
Said motion passed with a 5 to 0 vote.
.16 - .11/13/78
Before roll call Mr. Sanson questioned the initial terms
of office for the members of the Boards, with the purpose of making
them staggered. City Attorney Saberson stated that very rarely would
all the members who are up for unexpired terms be removed from the
Board or would not accept reappointment. Mr. Sanson stated that
there should be an opportunity during a Council member's single
term to effectuate change, if that is the desire of the majority
of the Council. With having all people at three years, you would
be preventing that. After discussion, it was suggested to have
the members appointed at staggered terms, three for one year, three
for the second, and three for the third. Mayor Weekes suggested the
Ordinance be passed on First Reading, and have it amended for the
Second and FINAL Reading. -
At this point the roll was called to the motion.
9.a. The City Manager reported that the Planning & Zoning Board
at a meeting held on October 26th, recommended by unanimous vote
that the final plat approval request for Arboridge~Subdivision
(Hamlet - Phase IX), located on the east side of Hamlet Drive
between Atlantic Avenue and the L-34 Canal be approved, subject
to the following:
1) Comments of the City Engineer as stated in his
October 24th memorandum.
2) Comments of the Director of Public Works/Utilities
as stated in his October 26th memorandum.
3) That the sidewalk requirement be waived on both
sides of the street-.
4) Availability. of water.
Mr. Chapin moved that Council sustain the unanimous
recommendation of the Planning & Zoning Board for final plat approval-
for Arboridge Subdivision (Hamlet - Phase IX), 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 -
Yes. Said motion passed with a 5 to 0 vote.
9.b. The City Manager reported that the Planning & Zoning Board
at a meeting held on October. 17th, recommended by unanimous vote that
the conditional use, site and development plan approval request for
Hampshire House, located at the northeast corner of the intersection
of S.E. 6th Avenue and S.E. 7th Street be approved, subject to the
following:
1) Comments of the City Engineer as stated in his
September 25th memorandum.
2) Comments of the Director of Public Works/Utilities
as stated in his September 21st memorandum.
3) Comments of the Community Appearance Board as
stated in their October llth minutes.
4) Availability of water.
5) A time limitation of 18 months be set for development
of the project.
This was discussed at the workshop meeting on November 6th.
~ 17 - 11/13/78
Mr. Chapin moved that Council approve the unanimous
recommendation of the Planning & Zoning Board for the conditional
use, site and development plan approval for the Hampshire House,
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.
6.m. City Attorney Saberson stated in regard to Item 6.m.,
that he had gone back and checked the Code of Ordinances, and he
finds that Council can authorize the purchase of the Police cars
without a Resolution, and suggested that same be done.
Mr. Chapin moved that based on the ~advice of the City
Attorney, that the City award a bid to Earl Wallace Ford, Inc. in
the amount of $86,9~1.00 for the purchase of 15 Police vehicles,
$73,000 plus funds to come from the Federal Revenue Sharing Funds,
and $13,000 plus funds to come from the 1978-79 City Budget, the
Police portion transferred from equipment walkie-talkies to the
purchase of these cars, 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.
Mayor Weekes stated that before adjournment, he would
like to recognize his son, John, who was in the audience, and
welcome him.
Mayor Weekes declared the meeting adjourned at 9:15 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 Council of November 13, 1978 which minutes
were formally approved and adopted by the City Council on ~
' ~ity 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.
- 18 - 11/13/78
State of Florida
DEPARTMENT OF ENVIRONMENTAL REGULATION
PERMIT APPLICATION APPRAISAL
PART ONE:
On site inspection: X Yes ............ No Date of Inspection: .9./.1~./..~.J~ ........... ~, Robert S Pry. or
............. 13y: ....................... .'. .....................
Permit Application No..g.~...,5..g..-U~.,9...8..2. ........... Dated: ..................................
If revised, date of revision: .................................. ~
Ap~ca.ts name: ..... .0...9.~.~....~.~.~.~.~.]-..7... .............................. i .......................
Address: .... ~c~/~~.~--~?~?~~r~-~~-~~ ...... ~...~.d.(~a-'L...H. I4:.~....,...,l~o~_a....~a,t.o.:p.-, Fla
Location of project: Section 28 Township ~6 South Range 4~ ~ast 3343
Count~ ...~.~..Z..5...~ 5 ~2.~ ...... Loca, ,_~,e,ence; .~..°..k....3. Z.0..,....~.~..o.~.'..L.~......z.~..z..~....3.~..a. .........
Project water dependant?: ........... Yes .....~. ..... No
Water classification of project area: ......... ..]...~....1. ................ Water classification of adjacent waters: .......... ..~...~...~. ............. i .......
Purpose of project: ....... ..~..~...o..?...e..?:...:J:..~...e.....?...~...o..+.,...e.?...~..~..o...~. ..................................................................................................
A. Description of proposed project and construction techniques. Quantify area of project which extends into wetlands
and/or waterward of the apparent mean high water line.
Construct below the line o£ rne~n high w~ter 250+__ feet of
clean fill.
DEr{ FormPEFtM 16-10(0ec 75) Page 1of 5
B~oi,hysic,~l leatu;cs of general area linclude c~)mments conc~:rll.lg e>.ln~l ¢~f di~veltHneme~ll
The upland o£ this area is utili~.ect, by single :t'ami. ly ~nct.'
housing. Natural upland vege't~tion has been removed and replaced
by ornamentals, lawns and exotics such gs Casuarina sp. (Australian
pine) and Schinus so. (Brazilian pepper) ~
The Intracoastal ~,~aterway in this are~ is a man-made land cut and
its shoreline is bulkheaded along 80% of its length. There is
little natural shoreline vegetation (mangrove, etc.) existing in
this section of the Intracoastal ~.[aterw~y.
C. Biophysical features of specific.project site (and spoil site when appropriate, include identification of bottom typesJ.
'The proposed project is to be constructed north and south along
the western shoreline of the Intracoastal Waterway and then west
into an existing finger canal.
The upland of this job site is vegetated by Australian pine
(Casuarina sp.), several Brazilian peppers (Schinus sp.)and several
white mangroves (Laguncularia racemosa).
This project site indicates that erosion has taken place. The bottom
type of the Intracoastal ~aterway in this general are~ is sand with
a light layer of organics and should be considered good in terms of
biological productivity. ,
DER Form PERM 16-10 (D~;: 75) P'~ge 2 o! 5
D. Imp,~ct o| pro ecJ on biological ~esources. Address long-Jetta ,npact as wt:ll as immediate impact. All itspec/s of pmlv)S~l
shoud be ,~,sessed m these terfT~.
The i~:mediate impact will be the loss of organisms that dwell
in the substrate within the proposed fill are~.
The long-tern effect will be the loss of the intertidal zone
within the proposed fill area.
E. Recommendation, with justification, concerning application. Include references to statutes, administrative rules, etc..
Approve, as the property involved 'definitely appears to have been
eroded and is essentiall~ the last such lot in the are~.
F. Suggestion concerning modifications to reduce or minimize impact where appropriate.
Riprap should be placed at the toe of the bulkhead at a 2/1 ~lope.
DER Forn~ PF. RM 1G-10 (Dec 75) Pag,*3 o! .5
PART TWO
PROJECT CONSTRUCTION OR OPERATION MAY CAUSE:
........... 1. Increased rates ~ eut;ophication in nearby bodies of water.
........... 2. Reduced capacity of shellfish propagation and harvesting in receiving bodies of water.
........... 3. Interference with the ability of the habitat, to successfully support fish and wildlife propagation.
........... 4. Interference with the ability of the habitat to successfull~ support fish ;~nd wildlife population.
........... 5. Impaired management or feasibility of management of fish and wildlife resources.
........... 6. Degradation of local water quality by reducing or eliminating the ability of surrounding wetlands to filter,
stabilize or transform nutrients.
........... 7. DischarGed substances which settle to form putrescent or otherwise objectionable sludge deposits.
........... 8. Floating debris, oil scum, and other materials, in amounts sufficient to be deleterious.
........... 9. Discharged material in amounts which create a nuisance.
........... 10. Discharged substances in concentrations or combinations which could be toxic or harmfu~ to human,
an;mai, or plant life.
........... 11. Chlorides to exceed 250 mg/l in bodies of freshwater.
........... 12. Chlorides to exceed 250 mg/I in groundwater because of a reduction in percolation due to increased
· surface runoff rates.
........... 13. Chlorides to increase more than 10% above normal in brackish or saline waters
........... 14. Copper residues to exceed 0.5 mg/I.
........... 15. Zinc residues to exceed 1.0 mg/I
........... 16. Chromium residues to exceed: 0.50 mg/I hexavalent; 1.0 mg/I t~'ial'chromium in effltJent discharge;
or 0.05 mg/I after reasonable mixing in the receiving waters.~
........... 17. Phenolic.type compounds, calculated or reported'as phenol, to exceed 0.00! mg/I.;
........... 18. Lead to exceed 0.05
........... 19. Iron to exceed 0.30 mg/I.;
........... 20. Arsenic to exceed"0.05 mg/I.;
........... 21. Oils and greases-'Tr~'-~urroundi~g waters to exceed 15 mg/I.
........... 22. Visible iridescent oil, resulting in objectionable odors and tastes which interfere with beneficial uses ol the
surrounding waters.
×
........... 23. Turb[dity to exceed 50 JTU as related to standard candle turbidimeter above background.
........... '24. Dissolved oxygen to be artificially depressed below the values of 5 ppm.
........... 25. Biological oxygen demand to exceed values which would cause dissolved oxygen to be depressed below 5 ppm
or make the biological oxygen demand great enough to produce nuisance conditions.
........... 28. Dissolved solids to exceed 500 mg/l as a monthly average, or exceed 1000 mg/I at any time.
........... 27. Specific conductance of freshwater streams to be increased more than 100%'above background levels or
exceed 500 microhms/cm.
........... 28. Cyanide or cyanates to be detectable in receiving bodies of water.
........... 29. 'the pH of receiving waters to vary more than one unit above or below normal pH of the waters.
........... 30. The lower pH value to be less than 6.0.
........... 31. The upper pH value to be more than 8.5,
........... 32. Detergent levels in receiving bodies of water to exceed 0,5 mg/L
........... 33. Mercury to be detectable in receiving bodies of water.
........... 34, Coliform counts to exc~d criteria established {under Chapter 17-3, Florida Statules) for the ex;sting water
classification in the project area.
IJ['Ft Fo~'m PI R~,I 1G.10 (0.'¢ ?5| Pa~je 4 of ~
PART THREE '
It certification ~s approved or waived, PL 92-500 requires that efflue~t limitations be specified a~ part of the ce, tific;,tion.
~%'hen apDlicable, specify:
1. Mo~Jtoring required of the applicant (include frequency).
None
2. Effluent ii~nitations (i.e., those limitations established under Chapter 17-3, FIor[da Statutes, for p.'-rticu!ar w~ter
classification.~ as well as water quality standards). Be specific.
17-3.09 Criteria: Class III ~.~aters - Recreation-Propagation
and Management of Fish and Wildlife.
PARTFOUR
Recommendationsforwaterquality. controlduringconstru~ion.
1. Bulkhead is to be installed prior to backfilling.
2. Appropriate turbidity control device(s) are to be utilized
during project construction as needed.
/
//,gnature
Robert S. Pryor, Biologist, Biology Laboratory ::
Palm Beach County Health Departr, ent
PERM $6-10 (Oe~ 75) P,~$eSof 5
RS?/fm . ~._