04-25-77 197
AI:~ ..... L v5 , ~
A regular meeting o~ the Ci-,.:y C.3unci_l of the City of Delray
Beach, Florida, was heldl in tho. C(')uncJ~. Cl~amber:~ a'k 7:00 P. M., Monday,
April 25, 1977 with M;.~yor James [[. Schei'l~]c~y prc~::i~./ng, an(~ City Manager
J. Eldon Mari_ott, City.. Attorno. y R~:~ger ,~ ~' ,~.~, ~-'-..~on, ,:~d Counc.i. 1 members
Robert D. Chapin, David E. Randk~l]';h,..: Aauo~ I. San~.~:'~, IV, and Leon M.
Weekes, present.
1. The Lord's Prayer was repeated in unison.
2. The Pledge of Allegiance to the Flag of the United States
of America was given.
3. Mr. Chapin noted on page 9, the firs~ line of the 6th para-
graph of the minutes the word councils" ~;ho~l~ be counsels.
Mr. Sanson noted on page 4, under item 6c, 4th paragraph,
7 lines from the bottom of the paragraph the wor~ "imployed" should be
employed; on page 8, 3rd paragraph, 5th line from the bottom of the
paragraph "aspect, caused this " .~uu!d b~ ..... ~=ct, had not caused
this ....... ; page 13, 3rd paragraph, 1st sentence -the word "complain"
Should be complaint.
Mr. Chapin moved that the minutes of the April 12,' 1977 City
Council meeting be approved as correctec], second~;~d by Mr. Weekes. The
motion passed unanimously.
4.a. Mr. Chapin expressed his appreciation to Council for consi-
dering his "No Smoking" policy which was adopted ak the workshop meeting.
4.b. Mr. Sanson requested that the City 14anager schedule at a
future workshop an item concerning the Community 3'?pearance Board in
reference to minor problems he would like to point out to Council to try
to correct; Mr. Weekes concurre,~.
4.c. Mr. Weekes stated he has given Council, City Manager and
~ Attorney a copy of an article which appeared] in the Ft. Lauderdale
News & Sun Sentinel on Saturday, April 23, 1977 which states that the
City's annexation bill which would permit the City to annex the shopping
centers west of the City has been passed by the Ccn,munity Affairs State
House, thanks to strong representation by Bill Ja~:[~es. It will be scheduled
for full House consideration in the next week or ten days. He added a
lot of people do not understand what the City is trying to do and there
has been great abuses by some municipalities, but the feels if Mr. James
can get a~ross what the City is trying to do and the restrictions which
are placed upon it, the City has a chance to get it passed.
Mayor Scheifley stated he thinks this is a step in the right
direction, and a progressive step if the City can consulate that deal.
4.d. Mayor Scheifley read a ProClamation proclaiming April 29, 30
and May 1, 1977 as POPPY DAYS.
Mayor Scheifley read a Proclamation proclaiming the 6th day
of May~ 1977 as PALM BEACH COUNTY SPORTS HALL OF F~E DAY.
4.e. Mayor Scheifley stated Mr. & Mrs. Albert Lefcourte of Lake
Park are leaving for Miyazu, Japan on April 27, 1977 representing the
City of Delray Beach and they will be making presentations in behalf of
the County, the City, and Morikami Park to the Mayor of Miyazu, Japan.
5.a. Mr. Paul Friend, 1320 S. W. 20th Terrace, Delray Beach,' asked
Council to consider for workshop the problem of off-the-road bikes. He
stated in the section of town where he lives these bikes, which are highly
powerful, are being ridden around the streets, on the sidewalks, on Count'y
right-of-way off Linton Boulevard and Congress Avenue, in a dangerous
.manner against on-coming traffic within one to one and a half feet of
tile edge of the road and people are cutting all over Congress trying to
miss them. He.. advised I've wi] i I~:~ appc~-~ring before .-[:he County Commission
on April 26, 1977 brjnL~J, ng [i~' ~]~.~ir attention this problem and asking
that something be don~,~ i~me~!~i_~'~:iy to control these vehicles and request
whatever authority '[.~ ~,.cces.~-~.n~_~}; to control the drivers of these vehicles
who appear to be te-tv~ccn the ,:~.{~;s~ of 12 and 14. tle stated he thinks
this is a very dangc:;'ot~s sitt'~ation and feels the City has it within their
power to control it a~-:d he hop??!', something is done before somebody gets
hurt.
5.b. Mr. Friend ~ote. d [z]t:~!:. the ga'[.es at the crossings for the FEC
and SCL Railroads are not in ph-oper'operating conditions and people go
through when the gatcr~ are do~:n; it is only a matter of time before some-
one who becomes used to going ~:l~rough because no train is coming, will
not see the train and 9et killed. He asked that Council take whatever
action needed to provide for i'he public safety and the people of Delray
Beach with respect to the ¢3ra~ic'crossings. If it is necessary and legal,
order that the 'transportatio~:'~ co:npany for FEC and SCL, maintain their
safety equipment properly or ~'~.':.t be able to enter or leave the City of
Delray. He stated som'etimes -h}'~e City policemen must get out and, by hand
raise the grade crossings to allow traffic to continue as normal.
Mayor Scheifley st'~aked the administration will take note of
what Mr. Friend said and the City Manager will take action, because these
points are well taken especially in regards to the railroad crossings.
6.a.1. The City Manager reported 'that on April 7, 1977 the Governor
and the Cabinet approved the }proposed Delray Beach Project on Beach
Restoration and forwarded to i-~im an agreement between the City and the
State. He stated that 'this a6~:a<ement is a standard form that the State
uses and because it reached his office after the making of the agenda, it
has not been through the City Attorney's office. However, the City Manager
requested that Council give approval with the understanding that he will
give it to the City Attorney fo:r: review and, if he does not see major
objections in it, it could be executed and sent back to Tallahassee.
The City Manager stated the su~t of $374,117 instead of $500,000 that the
City originally requested seve~_~al months ago, is mentioned in the agree-
ment as possible State parti<.i_l:~tion. He stated that the sum of $500,000
was approved by the Division c~Jl Beaches and Shores of the Department of
Natural Resources and recommended t'o the Governor for inclusion in his
budget, but due to some drastic deletions in his proposed budget for beach
erosion control purposes,the St~.te official figures, at the Cabinet
level, were $374,117; however, the approval of this agreement by the
Governor and Cabinet 'has nothi~g to do with funding. The funds are only
mentioned in the agreement to set forth what is contemplated and the
amount of funding by the State, whether any at all, will .be determined
by subsequent actions.
Mr. Chapin moved for the approval of the agreement between
the City and the State for the Beach Restoration Project subject to
approval by the City Attorney, seconded by Mr. Weekes. Said motion
passed unanimously.
6.a.2. The City Manager presented .to Council a letter he drafted
regarding the Beach Erosion Control Program, to members of the City's
local delegation. All members of Council will sign the. letter if
approved. This letter will go to the President of the Senate, Speaker
of the House, and possibly some others. He stated this letter does the
same thing, but in a different way, as did the Resolution passed unani-
mously by Council recently attempting to get the State Legislature to
reinstate the City's $500,000 in the State budget for the 1977 and 1978
fiscal year. The City Manager stated he has talked personally, at great
length, with senator Phil Lewis and Representative Bill James and thinks
that personal contact is the way to go and 'next to that the letter and
Resolution.
Mr. Sanson mentioned that in about ten days the Legislative
Committee and the Board of Directors of the Florida League of Cities
will be meeting in Tallahassec and he will be attending that meeting.
He asked that if anyone has any problems or areas they want conveyed
to the Legislative Delegation to feel free to call on him.
- 2 - 4/25/77
199
6.a.3. The City Manager reported that at the last meeting of the
Na~[al Secretaries Association, his Secretary, Nancy Roti, was selected
as the Secretary of the Year for this area. The local chapter covers
the area of South County including Boynton Beach, Delray Beach, Boca
Raton and smaller communities in the unincorporated areas, private
employers, as well as governmental employers. This is an honor not only
to Mrs. Roti but to the City of Delray Beach.
6.a.4. The City Manager reported that not too long ago an effort
was put together to attempt to stave off the efforts of some legislators
in Tallahassee to remove the local Mini-Perc option from the State law;
the City was successful at that meeting which was attended by Mr. Sanson,
among others. Following that, different actions have been taken and the
latest word is there is a likely possibility that this matter will be
decided on the floor of the House and Senate very shortly. If this is to
be stopped, and if other undesirable things are not to creep into the
collective bargaining law of Florida, it is going to be necessary for
people around the State to make their appenrance and feelings known.
The City Manager stated that he thinks the City of'Delray Beach should
be represented, at this meeting and since he is unable to attend the meeting
because of another meeting that will be taking him out of town, asked that
the Mayor or Mr. Sanson try to attend this meeting.
The Mayor asked Mr. Sanson if he would recommend that
Mr. George Saracino attend this meeting. Mr. Sanson stated Mr. Saracino's
presence helped greatly at the last meeting in regards to the Mini-Perc.
He added that he talked to Mr. Sittig today about this situation and
he said the Senate subcommittee did not basically allow public partici-
pation, but to have Mr. Saracino's presence at the meeting wo~ld be an
excellent idea. Mr. Sanson mentioned that on the Senate subcommittee
Mr. Sittig told him that Senator Johnston, more than anyone, led the
wave of action to repeal Mini-Perc and according to the latest news
letter of Florida League they also voted to allow forms of strikes by
public employees. Personally he does not feel that the majority of the
citizens of Delray Beach want to see their public employees allowed to
strike and some of them should voice themselves on that matter.
Mr. Chapin stated he would talk to Senator Johnston about
these matters.
6~a.5. The City Manager reported he has received a request from
Reverend David Andrews to hold a revival meeting in a tent on the North
side of West Atlantic Avenue between 12th and 13th Avenue from May 9 to
May 23, 1977, and all the City requirements having been met is now before
Council for consideration.
Evangelist David Andrews, 307 N. E. 13th Avenue, Boynton
Beach, stated he would like to have a church revival on Atlantic Avenue
and stated they have obtained insurance on this matter and would like
to have it on these dates.
Mr. Weekes moved that the request by Reverend David Andrews
to hold a tent revival be granted, seconded by Mr. Sanson. The motion
passed unanimously.
6.~a.6. The City Manager stated that the Beautification Committee recentl~
recommended Myra Jones, 409 West Atlantic Avenue, an employee of the
Urban League in Delray Beach, be appointed to one of the two vacancies
on the Beautification Committee. He stated her name was submitted by
Mr. Randolph at a recent meeting.
Mr. Randolph moved for the appointment'of Ms. Myra Jones to
the Beautification Committee, seconded by Mr. Chapin. The motion passed
unanimously.
6.b. The City Manager stated the location of the proposed parking
lot is at the N. W. corner of the intersection of State Road A-1-A and
Rhodes Villa Avenue. He reported that the County, the State Department
of Transportation, the City Parks & Recreation Department and the City
Beautification Committee have approved this plan. The only major talking
- 3 - 4/25/77
point that he knows of is the objection of some to ~hc entrance-exit
on Rhodes Villa to the parking lo-t. He stated an o]?inion as to whethc]7
the City Council has jurisdiction with regard to deciding this question
is being sought from the City Attorney due 'to the fact tha~ both the
County and State are involved.
Mr. Saberson stated in December, 1976 the County approached
the CitY with a request to use this property for beach parking. At
that time the City Council granted an exemption to -the County for use
as beach parking under the condition, that the plans for beach parking
be processed through the Planning & Zoning Board and the City Council,
as would be done in accordance with the procedures for Site and Develop-
ment Plan approval. He stated part of the Site and Development Plan
approval process requizes approval of the ingress, egress and access
points to the property. The Planning & Zoning Board has not yet heard
or seen this particular site plan. .The City Attorney stated the reason
the question came up had to do w~th a question of intergovernmental
zoning immunity and the question as to the approval of these access
points does not directly relate to that once the exemption has been given
in relation to the immunity from zoning; now the question would become
the approval of the access points. He stated the City does have the
authority and jurisdiction to approve or disapprove those access points
based upon vehicular.and pedistrian safety requirements which is the
standard used in the City's Site & Development Plan ordinance. Right
now, it is a question of procedure and'whether or not Council wants to
entertain this tonight or if they want it to go back through the process
it is supposed to go through when the exemption was originally granted.
Mayor Scheifley asked the City Attorney if his understanding
of this was correct that Council can require that this go through the
normal procedure for site plan and the next step would be for those plans
to go through the Planning & Zoning Board, and the City Attorney replied
~es.
Mayor Scheifley asked that Mr. Dance come'forth and give the
Council the status of the plans.
Mr. Dance, Director of Parks & Recreation, Palm Beach County,
stated since the last'correspondence they had with the City they were
given some sort of conceptual approval to proceed with the development
showing the parking to be totally confined to the west side of A-l-A,
which-is what the Master Plan shows at this time. He stated they have
-moved all the parking over there, but are about 90 days away from the bid
process once they get the full concurrence of the City Council. He
stated they feel that the plan they have presented showing the ingress
~nd egress off Rhodes Villa can be explained and have support in showing
the reason for this. Members of the County are here to get some policy
directions from the City so they can proceed.
Mr. Weekes stated he resents the fact that this item is on
the agenda when it should have gone to the Planning & Zoning Board. He
stated there are people in the audience, people from the County who have
made an effort to come here to discuss this and it shouldn't even be on
the agenda,but since Mr. Kahlert, Mr. Dance and others from the County
are here and citizens of Delray are here prepared to discuss it, in
all fairness to them Council should discuss it.
Mayor Scheifley stated Council could discuss it but i% will
still have to go back to the Planning & Zoning Board for their recommen-
dation.
The City Attorney stated it does no~ have to go to the
Planning & Zoning Board unless the City Council still wants to maintain
'that as a requirement. He stated, as a general rule Councll cannot
approve a site plan without the Planning & Zoning Board giving advice
about it; this particular project came through and the requirement fo~
subdevelopment plan approval ~,,as imposed by a motion of Council haVing
to do with the grant of immunity after the applicability of the zoning,
which is different than the usual project requirements for site and
development plan approval.
- 4 - 4/25/77
The City kk~nager stated th(J reason l:.l~.is item w;~s put on tl~e
~gcndi~ wa.-. khat Mr. & Mrs ~oore, in r(~cent days, have b(~cn
.~.or som~_~ ft'~rtllcr word from tile City on this and ~r. Moorc~ was in
(!;~tice at tli¢~ ].ast w('~rkshop meeting wi'th, regard to it. Council was not
r,.;~dy to ~](::'1: on it .;~t that 4:ime and he raJ. sed the question as to whotl~er
¢.~x; not Co~lncJl ha~; jurisdiction or whf~l:.her the l?lans h~,ve be~n fi]:mcd
l:~l;> and w]l(,.l:hcr they are still changeable. The City Manager stated he.
lia~l to m:tk¢~ the age,ida early duc to having %o go out of town to attend
the FlorJ. d%t Managers Confercncej and aL the time he made the agenda the
questions that Mr. btoore raised went' through his mind and he was not
able to make contact with the City Attorney for legal guidance, l{e stated
the safe thing to do since he could not reach the City Attorney was to
put i% on the agenda for discussion. He stated he did not expect to
have a fu].l fledged public hearing but thought the few people who
seemed to be interested could be here, and at-tl].at time we could get a
legal opinion as to how %o proceed.
Mr. Chapin stated the question of jurisdiction has been
decided by the City Attorney %hat Council does have jurisdiction and
that this is a matter of site development plan approval. The proper
course of action would be to refer this to the Planning & Zoning Board
which is the traditional course of action the City has always taken, so
there would be two boards %o look at this. He stated he apologizes
the County if they had some misunderstanding that there was "some sort
of conceptual, approval" and he hopes this doesn't fall askew with the
County's plans and actions. This is a matter of great intere'st to the
citizens of this area and he thinks Council ought to refer this to the
Planning & Zoning Board.
Mr. Chapin moved that this item be referred t0 the Planning
& Zoning Board, seconded by Mr. Randolph.
Mr. Sanson stated he has to concur with Mr..Weekes on the
basis that the people have indicated by their applause that they want
to have the issue considered tonight. He stated the mistake has been
made by putting this item on tile agenda and people are e>[pecting a
decision to be made.
Upon roll call Council voted as follows: Mr. Chapin - Yes;
Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - No; Mayor Scheifley -
Yes. The motion passed with a'3 to 2 vote.
The City Manager advised Mr. Dance that he would be calling
him on procedures from here on.
-Mr. Sanson requested that since it will be another four
weeks before the Planning & Zoning Board meets that they request the
Planning & Zoning Board to hold a special meeting to consider this.
Mrs. Plume, Vice-Chairman of the Planning & Zoning Board,
agreed to speak with Mr. Dance to schedule a date for the Planning &
Zoning Board to meet with them on this .matter.
Philip S. Campbell, 1011 White Drive, Delray Beach, stated
that Council, by a policy decision of its own, put the citizens in a
situation that disturbes many of the residents. That decision was that
after all of the residents, without benefit of any help from the City
and without benefit of any ordinance, but solely because of deed restric-
tions, fought a developer, licked him, and stopped this property from
going commercial. Then after spending a large sum of money, a lot of time
and a lot of worry, at the instigation of the Cit'y, the County purchased
the property. They were only able to purchase it at the price that it
paid because the highest and best use valuation, used residentially was
$185,000; co~ercia].ly it ;,ould have been $325,000. The County is now
the beneficiary of the ci~izeus' very considerable efforts; therefore,
he thinks it behoves the City Council to take a special interest in
this subject and not let it get into the rut of just a Planning & zoning
question.
- 5 ~ 4/25/77
2.02
6.c. The City Manager reported that Council informally agreed at
the March 21st Workshop meeting to the reappointment of ]Preston Wright as
a regular member of the Board of Adjustment to a term ending March 15,
1980; appointment of John Henderson as a regular member (replacinq Robert
Kinkead) to a term ending March 15, 1980; appointment of Robert Kinkead
as an alternate member (replacing John Henderson) to a term ending March
· 18, 1980; and reappointment of William Romberger as an alternate member to
a term ending March 1.5, ~980. This item was tabled at the March 28th
meeting because there was not a full attendance of Council.
Mr. Weekes moved for the acceptance of the recommendation of
the Board of Adjustment placing Mr. Preston Wright as a regular member of
the Board of Adjustment to a term ending, March 15, 1980; Mr. John Henderson.
a regular member to a term ending March 15, 1980; Robert Kinkead
.as an alternate member to a term ending March 15, 1980; and the reappoint~
ment of William Romberger as an alternate me~nber to a term ending March
15, 1980, seconded by Mr. Randolph.
Mr. Sanson moved for a substitute motion that the appointmen%
be voted on separately, seconded by Mr. Chapin for the purpose of discuss~on~
Before Mr. Chapin seconded the motion the following discussion
was had. Mr. Chapin asked Mr. Sanson what is the purpose of the sub-
stitute motion. Mr. Sanson stated he might not be in favor of all four
appointments; specifically he would like to switch Mr.'Henderson as a
regular member to an alternate and Mr. Romberger as an alternate member
to a regular member. He stated he recognizes' the fact that Mr. Henderson
has been on the Board for sometime and has attended meetings fairly
conscientiously, has experience and feels this is the reason given for
asking that he be elevated from an alternate member to a regular member.
Mr. Sanson stated in the past, in viewing decisions ~f th~ Board of Adjust-
ment, he has disagreed strongly with some of the decisions of Mr. Henderson,
specifically on Tropic Isles, and therefore connot feel at ease in
appointing him as a full, regular member.
Upon question by Mayor Scheifiey the City Attorney advised
that ~ vote should be taken on the substitute motion after discussion
on that motion.
Mayor Scheifley called for discussion on the substitute motion,
which is to vote on the appointments individually instead of collectively.
Mr. Weekes suggested to the Mayor to vote on the substitute motion and
then get into the discussion whether the motion carries or fail.
At this time Council voted on the substitute motion. Upon
roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No;
Mr. Sanson - Yes; Mr. Weekes - No; Mayor Scheifley - Yes. The motion
passed with a 3 to 2 vote. (Mayor Scheifley stated his reason for voting
"Yes" was to be fair and hear all arguments and all sides and he would
still have the option of voting on each one.)
Mr. Weekes'moved to approve the appointment of Preston Wright
as a regular member to the Board of Adjustment to a term ending March 15,_
1980, seconded by Mr. Randolph. Said motion passed unanimously.
Before roll call Mr. Sanson asked Mr. Randolph if Mr. Presto~
Wright's health is sufficient now so that he can perform as a regular
member. Mr. Randolph stated he most definitely believes so and he has
retired from the School Board.
Mr. Weekes moved for the appointment of John Henderson as a
regular member of the Board of Adjustment to a term ending March 15, 1980,
seconded by Mr. Randolph. Upon roll .call, Council voted as follows:
Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes;
Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote.
Before roll call the following discussion was had. Mr. Sanson
made a substitute motion to reappoint Mr. Henderson as an alternate member
to the Board of Adjustment. (Motion died for lack of a second.)
- 6 - 4/25/77
Mr. Chapin stated it is his feelings that there has been
some criticism of the Board in the past for being somewhat lenient in
granting variances. He asked Mr. Sanson i~ this is his concern to which
Mr. Sanson answered "yes". Mr. Chapin then asked Mr. Sanson if he feels
the Board of Adjustment has been too lenient or too liberal in granting
variances from the Zoning Code. Mr. Sanson stated he thinks things have
improved tremendously in the last year and the Board has had some new
members in the last year but Mr. Henderson has been one member who has
been on the Board of Adjustment some time now, but when the opinions were
being rendered, he did not particularly agree with them and felt, in
some cases, they were too lenient. Mr. Sanson stated this is the oppor-
tunity for a change and he thinks Mr. Romberger, whom he will offer as a
regular member but is now an alternate, would provide somewhat of that
change and perhaps be a little bit more tuned to his own personal
philosophies as to the development of the City of Delray Beach.
Mr. Weekes stated that Mr. Henderson has served on this Board
for several years; he has been probably one of the most conscientious
members of the Board; has been readily available as an alternate when
called to sit as a regular member and though Mr. Sanson or anyone else
may not agree with all of the decisions and votes that Mr. Henderson has
made, by the same token there are a lot of people who don't agree with
all the votes Mr. Sanson has made or anyone else on the Council.' There-
fore he does not think it is right and proper for Council to judge the
Board members on every single vote that they make. He stated that he
wants to see Mr. Henderson, who is a dedicated citizen of the City of
Delray Beach, appointed to the Board of Adjustment; this is the second
time he has been offered this position and was shot down the first time.
Mr. Sanson stated part of his concern is that these Board
members are appointed for three years but Council members serve, in a lot
of cases, a year less than a lot of these Board members and work very
hard to see that the City has many new ordinances and regulations insti-
tuted that are going to guarantee a certain quality of construction, a
certain quality of atmosphere and environment. There is no Board more
important, almost, than the Board of Adjustment and how those rules and
restrictions are going to ~be adhered to and maintaine~. Basically, other
than the City's Community Appearance Board they can overrule anything
that they want. It is very important that those people who feel that they
want to see certain size lots in the City of Delray Beach, certain size
homes, and certain quality of development that the Council put people on
the Board that are very'similar in philosophy and are going to be very
careful in making their choices and their decisions. He stated this has
nothing to do with Mr. Henderson personally but he has questioned some of
his decisions.
Mayor Scheifley stated he is one of the majority who agreed
~with Mr. Sanson a year or, two ago that the Board of Adjustment was being
too liberal in their decisions and since then Council has appointed some
people like Ed Kromer (deceased), Jack Pitts and Frank Noble and he thinks
the'quality of the Board has improved tremendously. He stated in the last
few weeks there has been some discussion about the minutes of the Board
of Adjustment and they have changed their procedure and he feels they are
improving, have learned a lot and he Would give them the benefit of the
doubt.
Mr. Randolph moved for the appontment of Robert Kinkead as.
an alternate member to the Board of Adjustment to a. term ending March
15, 1980, seconded by Mr. Sanson. Said motion passed unanimously.
Mr. Sanson moved for the reappointment of William Romberger
as an alternate member to a term ending March 15, 1980, seconded by
Mr. Chapin. Said'motion passed unanimously.
6.d. The City Manager repprted that an informal agreement was
reached by Council at its~April 18th Workshop meeting on the approval of
an agreement between the City and Russell & Axon for engineering services
and is on the agenda for formal consideration.
4/25/77
204
The City Attorney stated on Friday he sent out a copy of the
Contract that had been amended from the one considered at the workshop,
Monday night, April 18, 1977 with certain underlining and various portion~
of the contract indicating where the amendments had been made. Most of
the amendments were made to further clarify and work out the provisions
in the contract regarding the scope of services and termination. As
.part of the materials that went out to Council was a statemeht of request
from Russell & Axon regarding the inclusion of certain language regarding
notice prior to discussion of possible termination. Since the letter
went out, he has received a copy of a contract prepared by Russell & Axon
which changes some other portions of the contract that was sent to Council
on Friday. The changes are in principally two other areas: The first one
has to do with partial termination provision which was discussed last
week. The partial termination, one of the principle concerns in the
agreement, has been agreed to by Russell & Axon and by Mr. Coble repre-
senting Russell & Axon, that a partial termLnation may encompass not only-
future services that have not yet been authorized but also services that
have been reflected by written authorization. The practice in the past
has been to execute one page authorizations when a specific project come~
up and that authorization then refers back to a master contract. There
was some problem originally, as far as the agreement concerning a partial
termination but the substance of that has been worked out. Mr. Coble has
prepared some new language which he has presented and the City Attorney
is not completely satisfied with it at this point. He stated he would
like for Council to first discuss the termination provision. .In the
letter sent out to the Council he indicated although he thought it was a
reasonable request and expectation that Russell & Axon be notified prior
to termination, he had some qualms about putting such a provision in
the contract and being contractually bound to give notice. One of the
reasons he felt that way was because in recent times there has been a lot
of cases dealing with procedural due process; for instance - when an
employee is discharged that if a proper hearing is not given to an employee
and he thereafter files a suit and the court determines that proper proce-
dure was not given, the substance of the question of whether or not he
should have been discharged is not before the cour~ it then becomes a
question of procedure and then reinstatement with back pay because of
lack bf procedure. He stated hc was also concerned mhnut the fact that
this agreement may be executed and then thereafter put on the shelf by
the City and two or three years down the road, a discussion may insue
regarding this particular subject, and someone may overlook giving the
required notice which may present the City with a problem. The City
Attorney stated he is leaving that to the determination of the Council;
however, he feels that notice is a reasonable request and Mr. Mariott
makes a very'conscientious attempt to notify anyone before something
involving them will be discussed on an agenda.
The City Attorney stated if a vote is going to be taken at
this Council meeting it should be made on the agreement submitted by him
to Council and not the agreement submitted to Council by Mr. Coble of
Russell & Axon.
' The City Attorney stated he has qualms about the provision
on partial termination in the agreement submitted by Mr. Coble and he
questions whether the language actually accomplishes the substantive
purpose for which it is intended.' He stated to Mr. Coble that the
language used in his agreement could be made very clear by dividing it
into three categories - one dealing with complete termination, one deal~
with partial termination as to future services not yet authorized, and
one having to do with partial termination as to services that have been
authorized as reflected by written authorization.
Mr. Coble, Attorney rppresenting Russell & Axon, stated
the agreement submitted by him says the same thing as the agreement
of Mr. Saberson, but Mr. Saberson says his (Mr. Coble) is not
plain enough. The other problem is, if the City takes up a
termination of contract with Russell & & Axon after 18 years with
them they should at least be given a notice that the City is going
to take it up. Mr. Coble stated this is common courtesy and took
it for granted but thought it should be included in the agreement
because if the City wanted to partially t~rminate something
4/25/77.
205
they may want to explain to the City, that if you terminate this phras~
of something it will affect something else that they're doing and they
may want to consider that. Mr. Coble stated all he is asking for is a
seven day notice that the City is going to discuss a termination.
Mr. Chapin stated the heart of the issue is whether.or not
Russell & Axon want to have a formal notice requirement as opposed to
a public meeting of Council making a termination. Mr. Coble is arguing
for a formal notice requirement for seven days and the City Attorney is
suggesting that he has qualms with that in light of some due process
decisions involving states and municipalities, and he (City Attorney)
would rather not do that and have it come up at a workshop meeting
where as a matter of courtesy the City would notify. The issue is a
matter of whether the City gives notice by courtesy or by the terms of
the contract.
Mr. Randolph stated at last Monday evening's Council meeting
he asked a couple of questions on this particular thing and one of them
was - should there be a termination action, does either side have to give
reasoning? At that time that should have been a lead off to what Council
is about to enter into now, because he was concerned about it and
nowhere in Supplement 22 or which ever one it was, did he see this, and
this is essentially what Council is saying.
Mr. Coble stated that Council can do it without any reason,
but if you plan to discuss it give Russell & Axon notice.
Mr. Randolph stated if you are going to terminate with a
discussion, somewhere along the line somebody has to-give, a reason.
Mr. Sanson stated in the course of any discussion on this
contract he thinks Council should always consider how the Verbiage will
relate to decisions being made by future Council. As far as the notice
for partial termination or full termination he would question to, the
aspect of establishing this as a policy. Does that mean for Mr. Slyer,
if Council decides to terminate him, that they will give him formal
notice or any labor negotiators, or the City Manager if Council decides
to terminate him? He stated it is going to take three votes to effect
any action under this Council.'and he would find it hard to believe'that
if three members feel strongly about wanting a change that the issue
is not going to be strongly talked about beforehand and Russell & Axon,
in this case, would be given full knowledge of the pending change and
the City Administration would be coming to Council offering reasons as
to why changes should not be made or should be made.
Mr. Coble stated on addendum No. 24 Council built in a ten
day notice in the agreement before and this is reasonable, and Russell
& Axon are only asking for seven days notice that the City is going to
discuss termination.
Mayor Scheifley stated the City Attorney is being paid to
keep the City's interest foremost and he is going to take his
r~commendation whatever it is.
Mr. Chapin stated it is not only courteous but a momentous
decision that would have to be made and to lessen the politics of the
situation, he would think that is reasonable to have a seven day notice.
Mr. Sanson stated he counters on the basis of the one state-
ment about politics. What would concern him is the idea that the seven
days would be spent with some very heavy lobbying being done by the firm,
by the Administration, if they side with the firm, on certain members of
Council, whereas the particular Council member cannot do any of his
lobbying based on the Sunshine Law where he can't go talk to other
Council members about his feelings and give his reasons. So he sees
mo~'e politics taking place by having the seven day termination notice.
Mr. Weekes asked Mr. Sanson if he would attempt to fire
Russell & Axon or any other firm without notice of any kind, to which
Mr. Sanson stated he would do it in a course of a regular meeting.
- 9 - 4/25/77
~r. Weekes stated he doesn't think you could fire or terminate anyone
~ithout some discussion either at workshop or at a regular meeting
~nd referred to workshop or whatever. IIe stated he does not believe
any Council member could bring up a matter of that magnitude and
conclude it in one meeting; therefore, you would have whatever lobbying
~poken of in any event.. He stated he feels the inclusion of this
requirement hasn't any substance because the effect is going to be the
same whether it is in or out.
The City Attorney suggested as a compromise to this that the
City provide notice as to a complete termination and as to a termination
of an existing authorization. These are two instances he could distin-
guish from the termination for future services not yet authorized and
in that instance feels that it was justified to impose that obligation
on the City by contract, whereas in the other instance where the Council
is discussing a future Project that has not yet been authorized and the
City Council members desire to discuss the possibility of using an
alternative Engineering firm, it could not be done without giving them a
notice. And as to the complete termination and the termination of an
existing authorization, yes, that is a perfectly reasonable request;
and yes, contractually bound, the City can do that, but as to the future
services'he felt that was going a little bit too far,. that is why .he
presented the issue to Council.
Mr. Coble commented on this by saying that this is where
Council would want to consider this longer, because if Council~is going
to terminate in the future Council needs to know whether or not that
future is tying into anything they have already done.
The City Attorney sta~ed there is a change in the continuity
section and the purpose of that section is to remove all the prior
representation of the parties from being included as they have in the
past; that's part of the parties' contract, so that Council wouldn't
have to go through a voluminous stack of contracts each time Council
wants to determine the status of the contractural relationship. As
part of the language that was included to remove the prior representations
it was suggested that there'be an exception to that to provide for
references to Federal Statutes and Federal Regulations which was not
intended being encompassed either and also Supplemental Agreement No. 23
and 24, and as far as the Federal Regulation, that was not intended to
be excluded, and it was not; this is a precautionary addition. As far
as Supplemental Agreement No. 23 and 24, he has no objections to including
that, provided it is included with the intention that was encompassed
in that particular provision which is excluding prior representations
other than the one with the Federal regulations.
Mr. Chapin moved that the City Attorney be instructed to
confer with counsel for Russell & Axon and to arrive at a definitive
agreement, to return to the Council in two weeks so that Council can
have.at least seven days to study the agreements and that no definitive
action be taken tonight, seconded by Mr. Sanson. The motion passed
unanimously.
Before roll call, Mr. Sanson stated that in the next two weeks
there will be some events occurring in the near future that will have.a .
lot of determination on the thought process of the Council this year and
he hopes Council considers these events very carefully when they become'
public 'in the near future as to what is finally adopted.
7.a. The City Manager reported a communication has been received
~rom the O'Neal Priest Post4141 - Veterans of Foreign Wars requesting
permission to solicit funds from April 29th through May 1, 1977, approval
of which is recommended by the Solicitations Committee.
Mr. Sanson moved that permission be granted to the Veteran's
of Foreign Wars Post4141 to solicit funds from April 29th through May 1,
1977, seconded by Mr. Weekes. Said motion passed unanimously.
7.b. The City Manager reported that an application has been
'received from Dr. Jerry Owings to annex a 19,000 square foot parcel of land
subject to R-1AA (Single Family Dwelling) District which is compatible
with zoning of the County and City in this area and:is located in. Sec.8-46L43
- 10 - 4/25/77
2(17
on the South side of N. W. 7th St~rcet b~tween N. W. 6th Avenue and N. W.
8th Avenue. Since tile zoning ~ould be c~}mpatible, it is recommended that
Council authorize the City Attorney to draft an ordinance.
Mr. Chapin moved that the City Attorney draft an ordinance
annexing the parcel of land subject to R-1AA District located on the
South side of N. W. 7th Street between N. W. 6th Avenue and N. W. 8th
Avenue, seconded by Mr. Randolph.. Said motion passed unanimously.
7.c. The City Manager reporhed that an application has been received
from Trevor and Jeanne McNellen to annex a 19,936 square foot parcel
of land subject to R-1AA (Single Family Dwelling) District which is in
conformance with the City and County zoning in this area. This property
is located in Section 5-46-43 on the East side of N. W. 3rd Avenue
between N. W. 22nd Street and N. W. 18th Street and it is recommended
that a motion be passed by Council for annexation.
Mr. Chapin lnoved that the City Attorney draft an ordinance
annexing a parcel of land subject to R-I~t District located on the
East side of N. W. 3rd Avenue between N. W. 22nd Street and N. W. 18th
Street, seconded by Mr. Randolph. Said motion passed unanimously.
Mr. Chapin commented that the last two annexations approved
by the City Council are directly related to the "pockets" question and
to the fire that occurred in February, 1977. The two parcels of land
presented tonight for annexation and others seeking to annex into the
City are doing this so that they can have the protection of fire and
police services of the City, and this is a very gratifying movement.
8.a. The City Manager reported that Ordinance No. 1-77 which is to
rezone the parcel of land in Section 9-46-43 at the N. E. corner of U. S.
No. 1 and N. E. 8th Street from i%M-15 (Multiple Family Dwelling) District
to GC (General Commercial) was passed at the March 14, 1977 meeting on
First Reading at which time a public hearing was held. This action was
recommended by the Planning & Zoning Board sometime ago and it is before
Council for passage consideranion on Second and FINAL Re~ding.
The City Manager presented Ordinance No. 1-77:
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) TO
GC (GENERAL COMMERCIAL DISTRICT) SAID
LAND BEING IN SECTION 9, TOWNSHIP 46
SOUTH, RANGE 43 EAST AND LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF
U. S. ~1 AND N. E. 8TH STREET, AND
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1976".
(Copy of Ordinance No. 1-77.is on file in th~ official
Ordinance Book.)
The City Manager read 'the caption of the ordinance.
Mr. Weekes moved for the passage of Ordinance No. 1-77 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call
Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes;
Mr. Sanson - Yes; Mr~.Weekes - Yes; Mayor Scheifley - Yes. Said motion
passed with a 5 to 0 vote.
8.b. The City Manager reported that Ordinance No. 7-77 relative
to rezoning the Chatelaine Subdivision, Section 12-46-4R from R-lA
(Single Family Dwelling) District to R-1A-B (Single Family Dwelling)
District was passed on First Reading at th~ March 14, 1977 meeting.at
which time a public hearing wa:~ held. This ordinance is before Council
for passage consideration on Second and FINAL'Reading.
.. - 11 - 4/25/77
The City Manager presented Ordinance No. 7-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING ·
AND .PLACING LAND PRESENTLY ZONED R-lA ....... ~'- ....
(SINGLE FAMILY DWELLING DISTRICT) TO
R-lAB (SINGLE FAMILY DWELLING DISTRICT)
PLAT NO. 1 CHATELAINE IN THE SE¼ OF
SECTION 12, TOWNSHIP 46 SOUTH, RANGE
42 EAST, DELRAY BEACH, FLORIDA, AS
RECORDED IN PLAT BOOK 29, PAGES 94 AND
95, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1976".
(Copy of Ordinance No. 7-77 is on file in the official
Ordinance Book.)
The City Manager read the caption of the ordinance.
Mr. Randolph moved for the passage of Ordinance No. 7-77 on
Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council
voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a
5 to 0 vote.
Before roll call Mayor Scheifley stated that this was not an
easy decision on this item because he feels there are two sides to it and
it is very much like the critical decision Council made two weeks ago
on the Board and Care Centers. He stated a lot of consideration Should
be given to what the people think and want ~in the area and the kind of
character in the neighborhood that they want. At the sam~ time a lot of
these things are not easy on the person that it affects. He stated it is
not a one-sided question but a very gray question; however, Council has
had legal advice from independent Counsel, Mr. Vance, that this ordinance
is c~s~itutional, can be uphe~d~, etc.
8.c. The City Manager reported that Ordinance NO. 20-77, if passed
will amend Chapter 29 "Zoning" of the Code of Ordinances prohibiting the
Board of Adjustment from granting a variance to any requirements, terms
or conditions set forth in Chapter 15C (Landscaping).. This ordinance was
passed on First Reading on April 12, 1977 and is before Council for
passage consideration on Second and FINAL Reading. Prior to consideration
for Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 20-77:
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 BY AMENDING
SECTION 29-25(G) (h) "VARIANCES PROHIBITED"
TO ADD A SUBSECTION (4) PROHIBITING THE
BOARD OF ADJUSTMENT FROM GRANTING A
VARIANCE TO ANY REQUIREMENTS, TERMS,
OR CONDITIONS SET FORTH IN CHAPTER 15C
OF ~HE CODE OF ORDINANCES; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of O~dinance No. 20-77 is on file in the official
Ordinance Book.)
The City Manager read the Caption of the 6rdinance. A
public hearing was held having been legally advertised in compliance
with the laws of the State o~ Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
- 12 - 4/25/77
209
Mr. Sanson moved for the passage of Ordinance No. 20-77 on
Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council
voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mr. Weekes - Yes; Mayor $cheifley - Yes. Said motion passed with a 5 to 0
vote.
8.d. The City Manager reported that Ordinance No. 21-77, amending
Ordinance 2-77, annexing a parcel of land in Section 29-46-43, Southeast
corner of the intersection of 1-95 and Linton Boulevard, repealing the
first Whereas clause and inserting a new Whereas clause to reflect that
John K. Brennan, Trustee, is the fee'simple owner of the property is to
clean up the language in an ordinance that was previously passed by the
Council. This ordinance does not change the substance o~her than the
Whereas clause and was requested by Mr. Donald McClosky, attorney for
Mr. Brennan and concurred in by the City Attorney. This ordinance is
before Council for passage consideration on First Reading.
The City Attorney stated that Ordinance No. 21-77 is being
presented because of a request by the Attorney of Mr. Brennan to restate
some language in the first Whereas clause to avoid a future title problem
and it doesn't affect the substance of the ordinance at all.
The City Manager presented Ordinance No. 21-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 2-77, ANNEXING TO THE CITY OF DELRAY
BEACH A PARCEL OF LAND IN SECTION 29, TOWN-
SHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF 1-95 AND
LINTON BOULEVARD, BY REPEALING THE FIRST
WHEREAS CLAUSE AND INSERTING A NEW WHEREAS
CLAUSE TO REFLECT THAT JOHN K. BRENNAN,
TRUSTEE, IS THE FEE SIMPLE OWNER OF THE
PROPERTY; PROVIDING AN EFFECTIVE DATE.
The City Manager read the caption of the ordinance'
Mr. Randolph moved for the passage of Ordinance No. 21-77 on
First Reading, seconded by Mr. Chapin. Upon roll call Council voted as
follows: Mr. Chapin .- Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mr. Weekes -~Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to 0
vote.
8.e. The City Manager reported that Ordinance No. 22-77 amending
Chapter 29 "Zoning" of the.Code of Ordinances to permit the applicable
rear setback in the R-1AAB (Single Family Dwelling) District to be 10
feet when applied to grade level swimming pools was discussed at the
February 7, 1977 workshop meeting and is before Council for passage
consideration on First Reading.
The City Manager presented 'Ordinance No. 22-'77:
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 29-5(N) BY ADDING A SUBSECTION (3)
PROVIDING THAT IN THE R-1AA-B ZONING DISTRICT
· THE REAR SETBACK APPLICABLE TO SWIMMING POOLS
WHICH DO .NOT PROTRUDE ABOVE GRADE LEVEL
SHALL BE 10 FEET; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Manager read the caption of the ordinance.
Mr. Weekes moved zor the passage.of Ordinance No. 22-77 on
First Reading, seconded by Mr. Randolph. Upon roll call Council voted as
- 13 - 4/25/77
~:~1](',',,.,5~;: Mr. Ct'~:~pJ~n - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
,~.~.. Wcck~e:~ - Yes; M~yor Scheifley - Yes. The motion passed with a
5 to 0 vote.
Before roll call, the following discussion was had. Mr.
Sanson asked the City Attorney if grade level means ground level and
when iL says that no other structures will be permitted to encroach
into thc usual 25 feet that means screen patios, and that the .only
t~hing tl~at will encroach in the area is the swimming pool and the
immediate surroundings; the City Attorney answered yes.
Mr. Chapin asked if this. had been before the Planning &
Zoning Board. The City Manager answered yes. Mr. Weekes stated this
item had been discussed on at least two occasions prior to his (Mr.
Chapin) being seated on Council. It was stated that the purpose is
to have an open pool with no screening or structures'of any kind
because the lots are very shallow, they could not put in swimming
pools in Tropic Isle. (This applies to Tropic'Isle only since it
is the only area in the R-1AAB Zoning .District that requires a
25 fool setback.)
8.f. The City Manager reported that Ordinance No. 23-77 amending
Chapter 3 "Signs and Billboards" of the Code of Ordinances relative to
the installation of directional signs as discussed at several workshop
meetings including the April 18th workshop meeting, at which time Council
requested the City Attorney to draft an ordinance. This ordinance is
before Council for passage consideration on First Reading.
The City Manager noted that Section 1, subsection (a), six
lines down where it reads .......... approval of the public 'works, police
and building ........ the word engineering should be substituted for the
word "police", the reason for this being that the wording was taken from
an old. ordinance that was passed at the time when Traffic Engineering
was in the Police Department and Traffic Engineering is now in the
Engineering IDepartment.
The City Manager presented Ordinance No. 23-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ~4ENDING
CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE
CODE OF ORDINm~CES BY REPEALING SECTION
3-15(D) (1) (a) AND SUBSTITUTING A NEW
SECTION 3-15(D) (1) (a) IN ITS PLACE,
PROVIDING THAT GENERAL DIRECTIONAL ·
SIGNS FOR CIVIC ORGANIZATIONS, CHURCHES,
RECREATIONAL FACILITIES, ~USINESSES,
AND RESIDENTIAL DEVELOPMENTS MAY BE
PERMITTED IN CITY STREET RIGHT-OF-WAY
UNDER CERTAIN CONDITIONS; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Manager read the caption of the ordinance.
Mr. Sanson stated that assuming that there can be a maximum of six signs~.
should Council designate that all six signs cannot appear at one inter-'
section or four of them could not at each corner of the intersection.
In other words should it not be assumed that if Council is going to
erect this set of directional signs that it would only be done in one
place as is the usual procedure with street signs.
The Mayor stated Council cannot anticipate every situation
that is going to come up under this and is going to have to allow some
discretion of the Building Department.
Mr. Randolph moved for th& passage of Ordinance No. 23-77
On First Reading, seconded by Mr. Weekes. .Upon roll call Council voted
as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to
0 vote.
- 14 - 4/25/77
211
9.a. The City Manager reported that an application has been
received from Vivia~] M. & Thomas A. Prouse to annex a parcel of land
subject to RM-15 (Multiple Family Dwelling) District. The property is
located in Section 9-46-43 on the East slde of N. E. 9th Avenue, between
Witherspoon Lane and Bond Way. The' Planning & Zoning Board, at'a meeting
held on April 19, .1977, recommended by unanimous vote that 'the property
be annexed subject to RM-15 Zoning and it is therefore recommended that
'Council instruct the City Attorney to draft an ordinance affecting the
rezoning.
The City Attorney stated that the City is going to have to
follow the procedure for requesting the County's permission to change
the density because the County classification is higher than the City's.
Mr. Chapin moved for Council to instruct the City Attorney
to prepare a Resolution requesting the authorization from Palm Beach
County to annex the property located in Section 9-46-43 on the East
side of N. E. 9th. Avenue between Witherspoon ' Lane and Bond Way, subject
to RM-15 Zoning, seconded by Mr. Weekes. Said motion passed unanimously.
9.b. The City Manager reported that the Planning & Zoning Board,
at a meeting held on April 19, 1977 recommended by unanimous vote that
the request for a replat of a portion of Tropic Palms, Plat No. 2 be
approved subject to:
(1) Compliance with the City Engineer's Comments
'as stated in his March 11, 1977 memorandum.
(2) Compliance with all requirements of the Central
and Southern Florida Flood Control District, as
stated in their September 8, 1975 letter.. ...
The subject property is located in Section 29-46-43 at the Northwest
corner of the intersection of the C-15 Canal and the Hungerford canal.
Mrs. Plume, of the Planning & Zoning Boazd, stated this is
the Southernmost section of the Bass Creek Development. There is a
reduction in the number of lots which is an improvement-and it. is a
slight realignment of the road. She stated that the lots sizes have
increased which is a change in the original plat.
Mr. Sanson stated he had-talked to the Planning & Zoning
Board about the Bass Creek Development about a year ago and the Bass
Creek subdivision is a very good example why Council and the Planning &
Zoning Board should consider raising the minimum lot requirements and
setback requirements in some of the Single Family areas. He stated he
thinks the Bass Creek subdivision could have been a good area but it's
not going to be because they are putting as many homes as they possibly
can on that land leaving hardly any green area and hardly any room for
anyone to build an expansion to his home, and this is very unfortunate.
Mr. Sanson asked if sufficient attention has been given to
the City's Tree Preservation Ordinance in the Bass Creek development,
and as of now he has not been able to see a single tree standing in the
land that has been cleared. He stated he finds it hard to believe that
there weren't some trees and vegetation that should have been preserved.
Mr. Weekes stated he believes that land was filled years ago
and he doesn't think there was ever any trees on it; it was all swampy.
This statement was confirmed by Mr.. Tore Wallin, member of the Planning
& Zoning Board.
Mr. Weekes moved that Council approve the Replat of TropJ..c
Palms Plat No. 2 subject to the conditions stated above, seconded by
Mr. Randolph. Said motion passed unanimously.
- 1~ - 4/25/77
212
10. The City Manager recommended authorization for payment of the
Ci[y's bills.
Mr. Chapin moved for the payment of the City's bills with the
exception of payment to the Tropic Isle Civic Assocition for $3500 (no
second).
Mr. Sanson made a substitute motion that Council vote on
approval of all bills with the exception of the Tropic Isle Civic Associ-
ation check that will be voted on separately, seconded by Mr. Weekes.
Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph -
Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion
passed with a 5 to 0 vote.
At this point ·(9:00 P. M.) Mayor Scheifley left the chair and
absented himself from the room.
Mr. Sanson moved that Council pay the Tropic Isle Civic
Association. the money as outlined in the bills for approval, seconded
by Mr. Randolph. Upon'roll call Council voted as follows: Mr. Chapin -
No; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. Said
motion passed with a 3 to 1 vo'ke.
General Funds ................ $747,111.39'
Water & Sewer Funds ............ 426,512.41
Special Assessment Fund ........... 9,159.05
Cigarette Tax Fund ............. 18,715.00
Utility Tax Fund .............. 5i500.00
Refundable Deposits Fund .......... 9,261.00
C~metery Perpetual Care Fund ........ 1,000.00
Special Projects Fund ........... 15,272.29
Improvement Trust Fund .... . ...... 5,313.50
Beach Restoration Fund .... · ....... 47,851.·25
Federal Revenue Sharing Fund ........ 120,083.05
Mr. Randolph moved for the adjournment of .the meeting,
seconded by Mr. CHapin~ said'motion passing unanimously. The meeting
was adjourned at 9:02 P. M.
City Clerk
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 for April 25, 197~ which minutes were formally -
approved and adopted by the City Council on ~.~... ~z~.. /~.~ .
City Clerk
NOTE TO READER: If the minutes that you have received are not completed
as indicated above, then th~s means that these are not the official minutes
of the 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 ~inutes as set forth above.
- 16 - 4/25/77