12-11-78 December 11, 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,
December 11, 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, John E. Gomery, Jr., and James
H. Scheifley, present.
1. The opening prayer was delivered by Dr. Warren Nubern,
Lakeview Baptist Church.
2. The Pledge of Allegiance to the flag of the United States
of America was given.
3. Mrs. Durante moved for the approval of the minutes of the
regular meeting of December 4, 1978, seconded by Mr. G~mery. Said
motion passed unanimously.
4.a.1. Mr. Chapin stated that Jack Saunders served as Mayor, advisor
and friend of this City for 28 years, and he thought a fitting tribute
that Jack Saunders would want to leave as a legacy to the City is of
fairness, openness, and honesty in City government, directing itself,
the Administration and Council to the issues and not to personalities
and name calling and other types of political activity that are not
befitting to gentlemanly conduct. Jack Saunders would listen to all
sides and arrive at a very business-like approach to a problem. Mr.
Saunders'legacy has continued, first in Mr. Scheifley's term as Mayor,
and in our present Mayor. It was his thought that some plaque or
artistic design, perhaps to be located in City Hall, be dedicated to
the spirit and legacy that Jack Saunders left to this community.
4.a.2. Mr. Chapin reported that he had attended his first meeting
last Thursday, at the Court House, of the Metropolitan Planning
Organization, and made a presentation requesting that the information
that is to be given by our City Engineer to the Staff of the Area
Planning Board be tested, and if found to be accurate,~ that the road
improvements for the Greater Delray Beach Area be accelerated. In the
program of work established by the Metropolitan Planning Organization
for the transportation needs, there are little or no improvements for
Delray Beach through 1982, and he was very pleased to receive a very
warm, receptive response to that plea, not only from the staff, but from
members, particularly Commissioners Gregory, Koehler and Peggy Evatt.
4.b. Mrs. Durante stated that some time ago Mr. Serafin Leal was
retained to work with the City in regard to a comprehensive approach
to neighborhood improvements, and sometime in the coming week his
assistants will begin interviews with the City staff and with some
citizens in the community, who have been involved in organizing
neighborhood clean-up and revitalization.
4.c. Mr. Gomery advised that the Solicitations Committee approved
an application for the Arthritis Foundation for January 8-20, and asked
that this item be placed on the agenda for Council consideration.
4.d. Mr. Scheifley stated that he wanted to wish everyone a
Merry Christmas and Happy New Year.
4.e.1. Mayor Weekes advised that the next regularly scheduled meeting
of the City Council is January 8, 1979, but if something of an important
nature comes up before that time, he is willing, in the interest of
accommodating the citizens of this City, to call a Special Meeting for
a special purpose. As to the members of the public who are present, he
wished them a Merry Christmas and Happy New Year.
4.e.2. Mayor Weekes stated that he had met today with Comm-issioner
Gregory, who had expressed his desire to cooperate with the City of
Delray Beach in whatever endeavors there are involving the County, and
that he expected to attend the Council meetings from time to time so
that he could become better acquainted in the South end of the
county.
5. There were no public requests from the floor.
6.a.1. The City Manager presented the request of the Arthritis
Foundation for permission to solicit from January 8 to 20, 1979.
Mr. Gomery moved for the approval of the Solicitations
permit for the Arthritis Foundation for January 8 - 20, 1979,
seconded by Mr. Chapin. Said motion passed unanimously.
6.a.2. The City Attorney reported that Resolution No. 107-78
deals with the maturity dates and redemption provisions of the
Utility Tax Revenue Bond issue. There is one correction - wherever
the term 'fiscal year' is used, the word 'periods' will be substituted.
The original authorization was for four and one-half million dollars
in revenue bonds and the Fiscal Agents have determined that it is
not economically feasible at this time to re-fund the 1967 bond issue
that they had intended to re-fund at tke time of tke authorization,
so, therefore, the amount has been reduced accordingly. City Manager
Mariott stated that the reason for that is because of the change in
the interest rate. Mr. Chapin stated that it will be beneficial to
the City because the City will not have to pay the higher interest
rates that the bond market is commanding at the present time, which
was not true when the additional $500,000 was suggested to be
refinanced in July. Mr. Scheifley questioned whether it would have
any effect on the purposes for which the bond issue was passed. Mr.
Chapin stated that it will eliminate the $500,000 re-financing,but
as far as the $4,000,000 is concerned, it will provide for the golf
course and public works. It will not reduce the amount available.
The City Attorney stated that the projected sale date for the bonds
is January 9, 1979.
The City Attorney presented Resolution No.~ 107-78:
RESOLUTION DETERMINING CERTAIN DETAILS OF
$4,000,000 UTILITIES TAX REVENUE CERTIFICATES,
SERIES 1978, OF THE CITY OF DELRAY' BEACH,
FLORIDA.
(Copy of Resolution No. 107-78 is on file in the official
Resolution Book.)
Mr. Chapin moved that Council approve Resolution No. 107-78
as amended upon the recommendation of the City Attorney that where
the words 'fiscal years' appear that it be stricken, and that the
word 'periods' replace it throughout, seconded by Mrs. Durante. Said
motion passed unanimously.
6.b. City Manager Mariott reported that in 1976 the Chamber of
Commerce requested the City to assist financially in the updating of
Christmas lighting along the streets of the City, and, in addition,
to pay the electricity cost and replacement cost of bulbs on a
continuing basis. Council at a subsequent meeting approved the
first, but not the latter. Council has never taken action with
regard to bulb replacement or the electricity. The estimated cost
is $500 annually.
Mr. Gomery moved that the City pay for the Christmas street
lighting in the estimated amount of $500 per year. Discussion followed
as to the amount to be authorized and whether for one year or on a
continuing basis.
Mr. Ken Ellingsworth spoke, stating that the $500 figure had
been obtained from the letter of 1976, and they would not know what the
figure would be from year to year. Mayor Weekes stated that he was in
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favor of a motion on a continuing basis that the City of Delray
Beach shall pay for the electricity and bulbs to light the Christmas
lights along the thoroughfares.
After discussion Mr. Gomery restated the following motion:
Mr. Gomery moved that the City pay for the bulbs and
electricity for the Christmas street lighting for the current year,
not to exceed $600 and to place a figure in the succeeding budgets
to take care of this item in the future, seconded by Mr. Chapin.
Said motion passed unanimously.
7. City Manager Mariott stated that the City has been advised
Ghat the firm of Smokey, Inc., d/b/a Greyhound Taxi, and operating
with one taxicab, and Thomas F. Burrows, Jr., d/b/a Metropolitan
Transportation Company, operating two taxicabs, wish to merge.
Council should consider setting a date for public hearing, and it
is recommended that it be January 8, 1979.
Mr. Scheifley moved that Council authorize a public hearing
on the application as referred to by the City Manager to be held at
the next regular Council meeting on January 8, 1979, seconded by
Mrs. Durante. Said motion passed unanimously.
Mr. Gomery questioned if this were more than a merger -- rather
the addition of two more taxicabs. Mr. Kovar explained that it is
merely the matter of Metropolitan Taxi, Inc. moving into the Greyhound
Bus Terminal, and making an addition of three taxicabs to his. He is
already licensed. At present he has one operating cab, and the
Metropolitan Taxi has four cabs.
At this point the roll was called to the motion.
8.a. The City Manager reported that Resolution No. 103-78 requesting
permission from the Palm Beach County Board of County Commissioners to
rezone land to be annexed from RS (Residential Single Family) (County)
and CG (General Commercial) ~County) to RM-10 (Multiple Family Dwelling)
District (City) on the east side of U.S. No. 1 between Avenue "H" and
Avenue "J" has been prepared for Council consideration. Sometime ago
the County acted upon an application by the applicant that contained
a request for two different zoning classifications. The County
approved one and did not approve the other. The applicant has since
combined the request into one application that presumably would be
acceptable to the County at this time.
The City Manager presented Resolution No. 103-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM
THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO
FLORIDA STATUTES 171.062, TO REZONE LAND TO BE
ANNEXED TO THE CITY OF DELRAY BEACH FROM THE
COUNTY ZONING CLASSIFICATIONS RS(RESIDENTIAL
SINGLE FAMILY) AND CG(GENERAL COMMERCIAL) TO
THE CITY'S ZONING CLASSIFICATION RM-10 (MULTIPLE
FAMILY DWELLING) DISTRICT.
(Copy of Resolution No. 103-78 is on file in the official
Resolution Book.)
Mr. Chapin moved for the passage of Resolution No. 103-78,
seconded by Mr. Scheifley. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley -
Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
8.b. The City Manager reported that Resolution No. 104-78
recommending that the contract for the purchase of 3,500 cubic feet
of granular activated carbon for use in two water filters in the
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Water Treatment Plant be awarded to ICI Americas, Inc. in the amount
of $38,866.80 is before Council for passage consideration. This
product has been approved for this operation by the Palm Beach County
Health Department and the Department of Environmental Regulation.
Any other product would require extensive testing procedure. Funding
for this contract is to come from the Water and Sewer Fund Contingency
Account.
The City Manager presented Resolution No. 104-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING A CITY
CONTRACT FOR THE PURCHASE OF 3,500 CUBIC FEET
OF GRANULAR ACTIVATED CARBON.
(Copy of Resolution No. 104-78 is on file in-the official
Resolution Book.)
Mr. Gomery moved for the passage of Resolution No. 104-78,
seconded by Mrs. Durante. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley
Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
Before roll call, Mr. Chapin questioned Mr. Lou Martin,
Public Works Director, as to how many people had bid on this project.
Mr. Martin replied that just I.C.I. had bid on it, because they could
not go to any other vendor at this time. Otherwise, they would have
had to go all through the testing procedures again, as this has been
approved by regulatory agencies.
Mayor Weekes stated that he wanted to publicly commend the
Administration, and particularly Mr. Martin for getting as far as
they have with this program. One filter has been converted, and
there,s been granted an increase in flow from that filter of a
million gallons a day. By this action, we are moving toward modifying
two additional filters, which will give us ample water supply to take
care of our needs during the course of construction of our new plant
facility. The idea came from Mr. Martin, and it was due to his
diligence that we are at the point that we are ~oday, and. Mr. Martin
is to be commended.
At this point the roll was called to the motion.
8.c. The City Manager reported that the following quotations have
been received for renovating two water filters at the Water Treatment
Plant:
Bidder Quotation
Trieste Construction Corporation $7,368.00
Delray Beach
Campbell Construction Company 9,400.00
Delray Beach
It is recommended that the contract be awarded to the low bidder,
· Trieste Construction Corporation in the amount of $7,368.00 by
passage of Resolution No. 105-78 with funding to come from the
Water and Sewer Fund Account.
The City Manager presented Resolution No. 105-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY
CONTRACT FOR RENOVATING TWO WATER FILTERS AT
THE WATER TREATMENT PLANT.
(Copy of Resolution No. 105-78 is on file in the official
Resolution Book.)
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Mr. Chapin moved for the passage of Resolution No. 105-78,
seconded by Mrs. Durante. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley -
Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
8.d. The City Manager reported that Resolution No. 106-78 relative
to abandoning a tract of land west of the F.E.C. Railroad, between
Lindell Boulevard and the C-15 Canal is before the Council for considera-
tion. The Planning & Zoning Board at a meeting held on November 28
recommended by unanimous vote that the tract of land be abandoned.
The ~eason for the abandonment request is to allow access to Tract
A-4 of the Hidden Valley Subdivision.
The City Manager presented Resolution No. 106-78:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
A 0.213 ACRE TRACT OF LAND LOCATED WEST OF THE
F.E.C. RAILROAD, BETWEEN LINDELL BOULEVARD AND
THE C-15 CANAL IN SECTION 29, TOWNSHIP 46 SOUTH,
RANGE 43 EAST.
~opy of Resolution No. 106-78 is on file in the official
Resolution Book.)
Mr. Scheifley moved for the passage of Resolution No. 106-78,
seconded by Mr. Gomery. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley -
Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote.
8.e. The City Manager reported that Emergency Ordinance No. ~
79-78 amending Chapter 27, Article III "Sanitary Sewerage" of
the Code of Ordinances by repealing Ordinance No. 38-78 relative
to rates for sanitary sewers is before Council for passage considera-
tion. '
The City Manager presented Emergency Ordinance No. 79-78:
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 27, ARTICLE III, "SANITARY SEWERAGE"
OF THE CODE OF ORDINANCES BY REPEALING ORDINANCE
NO. 38-78, WHICH WAS TO BECOME EFFECTIVE JANUARY
1, 1979, AND REENACTING SECTION 27-28 La), Lb)
A~ND (c) AS THE SAME EXISTED PRIOR TO THE ADOPTI'ON
OF SAID ORDINANCE NO. 38-78.
(Copy of Emergency Ordinance No. 79-78 is on file in the
official Ordinance Book.)
City Attorney Saberson stated that the purpose of this
Ordinance is to reinstate the rates that were in effect prior to
the adoption of the rates set forth in the user charge report of
Russell & Axon. Within the last week the City Attorney stated he
had received an update on the user charge report, reviewed it, and
talked to Mr. Shank of their Daytona office, and authorized it to be
released to the Environmental Protection Agency in Atlanta for approval.
In the near future, it is hoped there will be an approved system and
release of the grant funds.
Mr. Chapin moved for the passage of Emergency Ordinance No.
79-78, seconded by Mrs. Durante. Upon roll call Council voted as
follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes;
Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a
5 to 0 vote.
9.a. City Manager Mariott ~eported that a petition has been
received from RMS Office Developers, for the rezoning from AG
(Agricultural District)(County) to CS (Specialized Commercial
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District) (County~ and the further special exception to allow a
planned office business park, to be considered at a public hearing
before the County Planning Commission on December 14 and before the
County Commissioners on December 28.
The subject property, consisting of 5.1 acres, is in
Section 13-46-42 and is located on the south side of Atlantic
Avenue, approximately two-tentks of a mile east of Military Trail.
Although this request is not in conformance with the City's
Land Use Plan, which designates this area for single family develop-
ment, the City recently adopted a resolution encouraging the location
of planned commercial and industrial parks within the Delray area.
City Manager Mariott stated that there was insufficient time
between the time this petition was received and the County is to
act on it, which is December 14, to schedule this for consideration
by the Planning & Zoning Board and then get it considered by Council
prior to this date. Therefore, it is presented to Council tonight.
Mr. Frank Carey, Chairman of the Planning & Zoning Boardt
stated there was only one problem in that it does open the gates on
West Atlantic Avenue. There will be pressure brought to bear from
the abutting property owners, in this case being the Barnett Bank.
Discussion followed and Mayor Weekes stated that if the City is to show
good faith with the County, we should acquiesce to their request. Mr.
Carey stated that he did not object. Someone will erect an office
building, which will provide for jobs, and on that basis, it is the
reason for supporting this petition.
Mr. Siemens appeared before the Board and stated this will be
a 50,000 sq.ft, primarily medical office complex. It will be approx-
imately 5 buildings, CS zoning, and since it is a special exception,
it will not allow a pharmacy in a medical complex. It will be
strictly offices, and have no commercial utilization except for
offices. The project is being developed in two and three story
structures, with extensive gardens, and rather expensive type of
construction. In terms of need, it has not been started, and
already 20% of the building is gone, and they anticipate that
before construction is started, half of the building will either
be sold or rented.
Mr. Chapin moved that the Council direct the City Manager
to correspond to the County Manager that the Delray Beach City
Council has no objection to the County rezoning its Special Exception
Petition No. 78-280 to permit a medical .complex consistinq of 50,000
sq.ft, of property located two-tenths of a mile east
of Military Trail, seconded by Mr. Gomery. Upon roll call,Council
voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery -
Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed
with a 5 to 0 vote.
Mayor Weekes left the Council Chambers, the time being
7:45 P.M.
9.b. The City Manager reported that the Planning & Zoning Board
at a meeting held on November 28 recommended by unanimous vote that
the final plat approval request for Rainberry Estates, located on
the west side of Davis Road, between Lone Pine Road and Lake Ida
Road be approved, subject to'the following:
1) Comments of the City Engineer as stated in his memorandum
of November 28th.
2) Comments of the Director of Public Works/Utilities as
stated in his memorandum of October 30th.
3) That the sidewalk requirement be waived on both sides
of the street.
4) That the dead-end street known as N.W. 16th Street be
apProved as 2,400 feet in length.
5) That the developer shall pay to the City, a sum of money
equal to the average appraised value per acre, as deter-
mined by Arthur Sprott, for 1.2 acres of park and
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recreation land.
6) Availability of water.
Also recommended that the approval be contingent upon the comments
of the City Attorney, which will be made at this time.
City Attorney Saberson stated that when the City Council
discussed this matter the previous week, there was one problem that
was unresolVed, and that was the access for the residents of the
subdivision for the purpose of ingress and egress to their property.
The City Attorney stated he had talked to Mr. Siemens about the
matter, and indicated to him that the City either needed Davis Road
to be completely constructed to the subdivision or a recordable
covenant along Lone Pine Road and 33rd Way South going to Lake Ida
Road, which would provide another means of ingress and egress, as
long as Davis Road is also constructed at its northern point, so
that it connects with the subdivision. Mr. Siemens has requested
that this be approved, subject to that contingency, which is accept-
able to the City Attorney. It was his thought that the motion of
Council, if they approve, should be along the lines that he has
indicated in terms of the completion of Davis Road and the record-
able covenant, which should also be subject to the acceptability
to the City Attorney's office and the City Engineer.
Mr. Scheifley requested an explanation of Comment #5. The
City Attorney explained there is a provision in the Subdivision
Ordinance concerning dedication of land for park area. It also
provides for payments in lieu of the actual dedication, which is
being requested here.
Mrs. Durante moved that the Council sustain the recommendation
of the Planning & Zoning Board, subject to the comments in the Preface
to the Agenda, and subject to the comments of the City Attorney
regarding Davis Road, seconded by Mr. Gomery. Upon roll call Council
voted as follows: Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley-
Yes; Vice Mayor Chapin - Yes. Said motion passed with a 4 to 0 vote.
The Vice Mayor declared the meeting adjourned at 7:55 P.M.
City clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach and the information provided herein is the minutes of the
meeting of said City Council of December 11, 1978, which minutes
were formally approved and adopted by the City Council on
· jCity Clerk
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NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of
City Council. They will become the official minutes only after they
have been reviewed and approved which may involve some amendments,
additions, or deletions to the minutes as set forth above.
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