09-12-77 SEPTEMBER 12, 1977
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:03 P. M.,
Monday, September 12, 1977 with Mayor James H. Scheifley presiding,
and City Manager J. Eldon Mariott, City Att6rney Roger Saberson and
Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson,
IV, and Leon M. Weekes, present.
1. The opening prayer was delivered by Reverend Roy Forward
of the First Christian Missionary Alliance Church.
2. The Pledge of Allegiance to the flag of the United States
of America was given.
3. Mr. Randolph moved for the approval of the minutes of the
regular meeting of August 22, 1977, seconded by Mr. Weekes. Said
motion passed unanimously.
4.a.1. Mr. Chapin stated he would like for the Administration and
Council to give thought to the budget process next year so that when
the budget is presented it will be simplified where there will be less
misunderstanding and members of Council, members of Administration,
the Financial Advisory Board and public, as well, can benefit from the
thought process and not be confused by conflicting reports.
4.a.2. Mr. Weekes stated he has asked the Administration to survey
the businesses in the following area: S. E. 2nd Avenue on the east
side of the FEC Railroad from S. E. 2nd Street to S. E. 4th Street;
this tract of land is presently zoned for General Commercial. At
Mr. Weekes' request, Mr. Ermovick surveyed all the businesses and
found that there are 25 total businesses in that area of which 16
have been made non-conforming by the zoning. He, therefore, is' asking
the Council to refer this to Planning & Zoning Board for study and
recommendation with a view to changing it to SC (Specialized Commer-
cial), which will make the businesses presently non-conforming
conforming, and report back to Council.
Mr. Weekes moved that the area located on S. E. 2nd Avenue
on the east side of the FEC Railroad from S. E. 2nd Street to S. E.
4th Street be referred to Planning & Zoning Board for study and
recommendation for rezoning from GC to SC, seconded by Mr. ChaDin.
Said motionipassed unanimoulsly.
4.a.3. Mayor Scheifley read a proclamation proclaming September
17th through the 23rd, as "CONSTITUTION WEEK".
5.a.1. Everett Palmatier, 1011 Seagate Drive, Delray Beach, stated
it was his understanding there was going to be some technical investi-
gations into the potential for augmenting the capacity of the existing
water plant, particularly the filters. Also, the proposal was made
that some legal help be acquired to assist the City in its presenta-
tions to the State Department of Environmental Regulations for new
equipment. The record shows that the technical worE'was not accom-
plished but the legal help was attained and he was asked to go to
Jacksonville to be brought up to date as to what the water treat-
ment was all about. Then an application was made for approval of a
design for the water treatment plant based on three gallons per
minute per square foot of filter area which is a 50 percent increase
over what the plant was originally designed for. Apparently, this
request for approval was more or less based on what the traffic would
bear and not on any technical evaluation of the plant. Mr. Palmatier
stated, if possible, he would like for Council to instruct the Admin-
istration of the City to release information on the following:
(1) in the proposed expansion of the plant, how much is the
filter proposed to be enlarged?
(2) how much of the projected cost of the new plant is in transfer
pumps and augmentation of the clear well?
(3) how much of the cost is in the coagulant handling and what
coagulant is being planned?
(4) are there any plans to increase the through-put by some proof
of performance above the 24 million gallons per day rating in
the plant after the plant is built?
Mr. Sanson stated he thinks Mr. Palmatier has brought up some excel-
lent questions and that they deserve answers. This is the 3rd item
on the agenda under item 6 and he hopes that Council will consider
tabling this when they get to it.
Mr. Chapin stated he feels that Council should do every-
thing possible to get all the evidence and all the facts .on this
question. He noted that this could be done one of two ways (1) that _
this information could be provided by the City's consulting Engineers,
if it is possible, and (2) it could be provided by outside engineers
and, if that is the case, under the new law the City would be required
to comply with the Competitive Negotiations Act which would take 3
to 4 months to organize and would cause considerable delay. Upon
question by Mr. Chapin as to how he would propose the City get the
answers.to these questions and who he would suggest provide these
answers, Mr. Palmatier stated that any competent engineering.firm
could provide the information but they have to go to the plant and
start doing some work.
It was decided that this discussion would continue under
item 6.c. of tonight's agenda.
5.b. Frank Ellis, 553 Jaeger Drive, Delray Beach, spoke in reference
to an article he read in the paper about the increase of the City's
electric bill of approximately $20,000. He stated the City should
consider conservation of energy at the ball parks where the lights
are very bright from 6:00 P. M. until approximately 11:00 P. M.,
streets, highways, and the city offices where the lights are on until
at least 9 to 10:00 P. M. Mr. Ellis stated that he thinks there should
be a conservation committee set up.
Mayor Scheifley commented that the City has a conservation
committee doing the things Mr. Ellis talked about and an attempt is
being made to get an energy consultant and federal help.
6.a.1. The City Manager reported that there will be a delay of
approximately 15 days, according to the estimate of the contractor,
in commencing construction of the City's Planned Beach Restoration.
They had planned to start pumping September 15 and now the new target
date is September 30. This is partly caused by the necessity of
securing the Coast Guard permit which has now been secured.
The City Manager stated that there has 'been some concern
by various persons in the City about the damage to property and
vegetation, etc., that might be incurred by the storing and handling
of the pipe, as on the last restoration job. He reported that the
pipe will be brought in by dredge rather than being unloaded some
other place and transported to the beach.
6.a.2. The City Attorney reported that a couple of weeks ago he
advised Council that the Dual Tax Litigation contemplated by West Palm
Beach against the County had not been filed and that it was going to
be filed probably in the near future. Several city attorneys have
been meeting with regard to the question of the Sheriff's Road
Patrol being taxed to all city residents; at this time, if Council
would like to participate in the litigation, they should authorize
the City Attorney's office to have the City of Delray Beach added as
a named plantiff. There will be two cases that will be filed; one
in the form of an injunction action and another one in the form of a
writ of mandamus. The substantive relief is that the Sheriff's Road
Patrol be taxed to those who benefit from it which is the residents
living in the unincorporated area. The budget hearing in the County
is September 15, 1977 and September 16th there is another meeting of
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the attorneys and some action, if authorized, will be taken either
Friday or Monday.
The Mayor asked what other cities, at this point, have
agreed to participate. The City Attorney answered that he knows of
no other City Council other than West Palm Beach that has actually
authorized it; the most recent meeting of the city attorneys was
approximately two weeks ago and, at that time, everyone had felt it
was premature to ask their council for authorization. Upon question
as to who was present at the meeting, the City Attorney stated Boca
Raton, Delray, Riviera Beach, West Palm Beach, Palm Beach, Lake Worth
and Tequesta. The Mayor asked the approximate cost if the City par-
ticipates. The City Attorney stated he could not give a figure on
that - it is a question of how long it will take but he feels it will
be less than the usual litigation because there will be other people
sharing the burden of the work; it is a fairly extensive type litiga-
tion and will probably involve a considerable amount of time.
Mr. Weekes stated that he think Council owes it to the
citizens of Delray Beach and the citizens of the other municipalities
to pursue this matter. Several years ago, when he was President of
the Palm Beach County Municipal League, they prevailed on Sheriff
Heidtman to pull this out of his budget and the County, at that time,
set up a separate taxing district for this purpose; for them to take
it out now is a step backward in time.
Mr. Weekes moved that the City Attorney be authorized to
represent the City of Delray Beach in connection with the matter of
the suit against the County Commission to enforce a separate taxing
district for the Sheriff's Road Patrol in the County Budget, seconded
by Mr. Randolph. Said motion passed unanimously.
Mr. Chapin offered an amendment to the motion that the City
join the suit in consideration of the joining of the suit by Boca
Raton, Boynton, Lake Worth, Palm Beach, West Palm Beach and Riviera.
Mr. Weekes stated he would not accept this as an amendment because
some may and some may not. Mr. Chapin stated that his only question
is that Delray often has to carry the burden ahead of schedule by
itself too often and, if the neighboring communities can be persuaded
to join in with Delray, .that has some merit in helping not only in
the major issue but also the out-of-pocket expense to this City.
The City Attorney noted that Boynton Beach has not really
expressed much interest; Tequesta was very hesitant as to whether or
not they would commit and Jupiter has already said they will not.
Mayor Scheifley explained to the audience what this litigation
is about and how it will affect the taxpayers.
Mr. Sanson stated that he had a conversation with Mr. Koehler,
County Commissioner, and he made it clear that he is going to vote to
institute the tax, therefore, making it a 4 to 1 vote and a positive
chance that this reversal will take place. He stated that he thinks
it is definitely appropriate at this time to prepare for the suit and
to authorize the City Attorney to do so. He added that he has tried
over the past 2% years to follow this subject of dual taxation and
thinks that it has been made abundantly clear that it is an unfair and
inequitable process of government and one which needs to be stopDed.
6.b. The City Manager reported that it is recommended that Council
authorize advertising for sale of a 1974 Striker Yacht - Sports
Fisherman; 1977 GMC Pick-up truck; a 13.5' Boston Whaler - 20 horse
power mercury outboard engine. This is the merchandise recently con-
fiscated through a drug raid by the Police Department.
Mr. Weekes stated that he has been approached by people who
own vessels of this kind and who h ~e dealt in the marine field for
many years and they make a point that is well taken. Before this ves-
sel is put up for sale it should be surveyed both as to its hull and
marine features as well as its mechanical features, meaning the diesel
engines. He stated he was told that there are some indications that
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there may be some work needed to be done on it. A prospective'
buyer is going to offer a lower price because he doesn't know what
the condition of the vessel and the engines is, but if you have a
survey done by a qualified, certified marine surveyor and by a diesel
engine surveyor, then you can represent to a buyer what the condition
of the vessel is and derive more money from the sale; therefore, he
suggests that this be done.
The City Manager asked the City Attorney if he sees any
particular problem in doing this. The City Attorney replied that he
thinks it would be a good idea to do this; the statute under which
the boat was seized, specifically states that in the event of sales
contemplated that the property may be disposed of at public auction
for cash without appraisal, but he does not think that was intended to
restrict or prohibit getting an appraisal. Mr. Weekes commented that
he is not talking about an appraisal but a survey in which you find
out the condition of the hull and engine of the vessel, not the value.
Mr. Randolph questioned the cost of this survey, to which
Mr. Weekes answered both of them would cost less than $500.
Mr. Chapin moved that the City Administration be authorized
to procure a hull and engine survey for the Striker Yacht, seconded
by Mr. Sanson. Before roll call Council discussed the cost for the
survey and Mr. Chapin withdrew his motion.
Mr. Randolph moved that the marine survey or the necessary
mechanical type survey that is needed for the Striker Yacht be per-
formed as expediently as possible and not to exceed $750, seconded by
Mr. Weekes. Said motion passed unanimously.
Mayor Scheifley asked about the other equipment (Truck and
Boston Whaler} and the City Manager suggested that it all be handled
together.
Mr. Sanson asked if there was any particular reason why
Council couldn't go ahead and authorize the preparation for a date
for the auction and he hopes that it will be sealed bids instead of
an auction.
The City Attorney noted that the statute specifies that this
is to be a public auction to the highest bidder. He stated that the
Sheriff's Department has done this several times and he is going to
check with them to find out what procedure they have used because there
has to be a minimum bid and instructions for people who are going to
attempt to put bids before the City for the auction.
6.c. The City Manager reported that as discussed at the workshop
on September 6th, Council is to consider authorizing submission of a
Water Plant Expansion Application to the Department of Environmental
Regulation, modified since last discussion to include addition of a
coagulate and warning system at an estimated additional construction
cost of $100,000; said application to be prepared by Russell & Axon,
Consulting Engineers and submitted by Jon Moyle, attorney. In the
same or companion motion, Council should consider raising the cap on
legal fees to be paid Mr. Moyle from $1500 to $2500.
Mr. Chapin moved that Council increase the maximum authori-
zation to special counsel, Mr. Moyle, from $1500 to $2500, seconded by
Mr. Weekes. Said motion passed unanimously.
The City Manager stated that Council should act on the other
recommendation contained in item 6.c, to modify the City's application
to include two features, the coagulate and the warning system which
will cost an additional $100,000. Mayor Scheifley stated that at the
workshop meeting Council agreed to this after Mr. Moyle made his pre-
sentation.
Mr. Chapin stated that if Council moves on this action tonight,
the question remains what effect, if any, will the answers to the
questions proposed by Mr. Palmatier have on this application. He stated
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his first reaction is that it may not have any affect on it and, if
the plant can be expanded with a higher filtration, a separate appli-
cation would have to be filed.
Mr. Sanson asked Mr. Palmatier if he feels that there is a
lot of merit in the letter that Mr. Humphrey wrote him stating that the
possibility of increasing the filter capacity of the plant would mean
substantial cost savings? Mr. Palmatier answered, yes. Mr. Sanson
then asked Mr. Palmatier what he would estimate the cost saving to be?
Mr. Palmatier answered he did not kno~ but apparently there has been
considerable cost saving from the original plan which was based on two
gallons and now it is up to three. Mr. Sanson questioned the three
gallons and stated he had not been made aware of this.
Mr. Klinck stated that this is not so; the question of the
three gallons per minute per square foot rate of filtration is being
addressed separately with the DER but is not a matter to be concerned
in this application that is being processed now. The application being
processed now is to retain two gallons per square foot and go with
other methods of increasing the production. The increase in the filter
rate is something that is being reserved for future possible expansion
and it will be subject to extensive testing and proving the capability
of both the plant and the operators to produce a safe product at that
rate.
Mr. Sanson stated that in response to the motion, this is
still a very basic question in this overall argument, one which
Mr. Humphrey has alluded could possibly save the City another million
to a million and a half dollars out of the now projected 2.2 million
dollars. He stated he does not know if this is true but finds it hard
to believe that a firm as large and as powerful as Montgomery Engineering
would make a statement like that unless there was some substance to
it. He stated he cannot understand why the firm of Russell & Axon would
be given the work which, in his opinion, they would receive approxi-
mately $44,000 of the taxpayers' money which is nothing more than a
reward for doing something that they did not try, in any way, shape
or form, to help the taxpayers obtain and who actively worked against
him and others involved in this controversy in seeing that they could
get away from lime softening. Mr. Sanson stated he still thinks
Council should get another firm's opinion.
Mr. Weekes stated that according to Mr. Klinck there are
two different matters, one is the mode of treatment for which the
application is intended; the other one is the capacity of the filters
and of the plant which Council is not necessarily addressing at this
time. This being the case, he suggests that Council go on and authorize
the preparation of the application for the mode of treatment.
Mr. Palmatier stated he wants to impress on Council that
this is the crucial point of the cost of the plant. The cost of the
filters represent 50 percent or more of the cost of what you're buying.
Anything that can be done to make the filters work better, or work to
a greater capacity, would be cutting the cost of the filtration part
of the plant in half as compared to building a plant at this archaic
rate. He asked why the City continues to put in proposals for plants
in Delray Beach when there are other plants in the state that are
running at a much higher water rate.
Mr. Klinck stated he does not know of any other plant in this
state that is running at those rates. He explained Mr. Montgomery's
observation in the plant the day he visited it and how he arrived at
his presumptive redesign of a multi-million dollar water treatment
plant.
Mr. Chapin moved that Council authorize the submission to
DER of the City's Water Plant Expansion Application prepared by the
firm of Russell & Axon and special counsel, to expand the system from
12 million gallons per day to 24 million gallons per day, to include
the addition of a coagulate and a warning system and the estimated
construction cost not to exceed $100,000, seconded by Mr. Randolph.
Upon roll call Council voted as follows: Mr. Chapin - Yes;
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Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor S6heifley
- Yes. Said motion passed with a 4 to 1 vote.
Before roll call Mr. Weekes stated that the motion, as made
authorizes the submission of a water plant expansion application. The
$100,000 is kind of a parenthetical thing which says that additional
devices will be added to it at a cost not to exceed $100,000. This
figure has nothing to do with the cost of increasing the plant and he
wants to make sure everybody understands this when the motion is passed.
6.d. The City Manager reported that Council informally agreed,
at the workshop meeting on September '6th, to the reappointment of
Robert C. Currie and Ron Oprzadek as regular members of the Community
Appearance Board to a two-year term ending August 25, 1979; the reap-
pointment of Mrs. Vince Canning, Jr. as an alternate member to a two-
year term ending August 25, 1979; John E. Gomery, Jr. as a regular
member to a two-year term ending August 25, 1979; and George Armas as
an alternate member to the unexpired term of James G. Whildin ending
August 25, 1978.
Mr. Chapin moved for the reappointment of Robert C. Currie
and Ron Oprzadek as regular members of the Community Appearance Board
to a two-year term ending August 25, 1979; the reappointment of Patricia
Canning, as an alternate member to a two-year term, ending August 25,
1979; John E. Gomery, Jr. as a regular member to a two-year term, ending
August 25, 1979; George Armas as an alternate member to the unexpired
term created by the resignation of James G. Whildin, ending August 25,
1978, seconded by Mr. Weekes. Said motion passed unanimously.
6.e. The City Manager recommended that Council authorize the
execution of a lease agreement with Palm Beach County relative to the
Kucera-Gwynn property for use as a beach facility with parking, recrea-
tional areas and rest facilities.
Mayor Scheifley noted that last Wednesday he attended a
meeting of the Beautification Committee and it was the unanimous opinion
of everyone present that this property should not be referred to as
the Kucera-Gwynn property. He stated he agrees with this whole-
heartedly and asked the City Manager to put this item on the agenda
for the next workshop meeting to consider names or doing something
about these two parking lots.
The City Attorney stated that with reqard to DaraqraDh 7 of
the a~reement, he wants to add some language to clearlv reflect that
the residents will be treated in a non-discriminatory fashion with re-
qard to fees, admission, etc. This is what was intended when the
lease was drafted but there is some language on the second page that
leaves that question in doubt; therefore, he is asking Council's per-
mission to amend it.
Mr. Weekes moved that the Mayor be authorized to enter into
a lease agreement with the County on the property presently known as
Kucera-Gwynn property and to insert the amendment as recommended by
the City Attorney, seconded by Mr. Sanson. Said motion passed unani-
mously.
Before roll call the following discussion was had.
Mr. Sanson stated that the first paragraph, under the word "Witness",
he had some problem with that to the extent that he questions whether
it is truly representing what took place. Somewhere along the line
the appearance was given that Delray and the County did jointly buy
that lot, but in fact, as he understands it, this did not occur - the
City bought one lot and the County ended up solely buying that lot.
The City Attorney stated this is what happened but it does
not, in anyway, affect the lease nor operate to the City's detriment
of this lease. He stated if he wishes this to reflect more clearly
'it can be done. Mr. Sanson stated he thinksiit is very clear and, to
him, this is a very basic point that is being made to the future gen-
eration that might be reviewing this lease. They are going to get
the distinct impression that the City of Delray Beach paid 50 percent
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of that lot where in fact, they did not. The change will De made
as requeste6.
Mr. Sanson asked Council if they want to sign a lease for
as short a period as 30 years? He stated they all recognize what the
population demands and service demands are going to be on the City
of Delray 30 years from now and questioned whether or not Council
would like to have some guarantee of having a longer control over
that piece of land. The City Attorney noted that 30 years is what
was offered by the County and they are under no legal obligation to
offer any other set figure.
6.f. The City Manager reported that the City was recently noti-
~-~ by the County that the County has received a petition from
William J. Ward for the rezoning from AG (Agricultural) District to
GC (General Commercial) in Section 13-46-42. This property is located
on the north side of Atlantic Avenue between Military Trail and Barwick
Road. This request is in violation of the City's recently adopted
Land Use Plan which designates this area for single family develop-
ment. A public hearing on this application is to be held before the
Palm Beach County Planning Commission on September 15, 1977.
Mr. Sanson moved that Council oppose this by addressing a
formal communication to the County Commission and County Planning
Commission and with the provision that an appropriate City represen-
tative attend the hearing in opposition of this move, seconded by
Mr. Chapin. Said motion passed unanimously.
7.a. The City Manager reported that a communication has been
received from the Delray Beach Community Chest requesting permission
to solicit funds from February 6th through February 20, 1978, approval
of which is recommended by the Solicitations Committee.
Mr. Weekes moved that the Delray Beach Community Chest be
authorized to solicit funds from February 6th through February 20,
1978 in accordance with the recommendations of the Solicitations
Committee, seconded by Mr. Randolph. Said motion passed unanimously.
7.b. The City Manager reported that the petition for such
"Certificate" being in effect, a taxicab license was submitted to
Council at its meeting on August 22nd. A public hearing, in compliance
with Section 26-7 of the City's Code of Ordinances, has been scheduled
to be held at this time for the purpose of receiving objections, if
any, to such additional license being issued. Following the public
hearing, Council should determine if additional cab service, within
the City, is needed and if the applicants, Aldo and John T. Gray,
d/b/a Gray's Taxi are willing and able to provide same. Council
should then take whatever action it considers to be appropriate.
A public hearing was held having been legally advertised
in compliance with Section 26-7 of the City's Code of Ordinances.
Joseph Kovar, 1317 S. W. 9th Street, Boca Raton, stated
that he is the owner of three licenses for public conveniences in
the City of Delray Beach and was granted these licenses in February,
1976. He stated he values the privilege' of having these licenses;
however, he has been more or less stymied since 1976 to implement
these licenses. He was told about April, 1976 that he could not
operate his taxis at present operating at Great Bear Auto Center.
He stated he had to obtain a conditional usage permit which he has
done. Mr. Kovar did not object to granting Mr. Gray or anyone else
applying for a license because he feels the City does need taxis but
anyone who has been granted a license in the interim between February,
1976 and this day, should also go through a conditional license the
same as he did. The City has issued five additional licenses since
his application and the ones operating are operated through answering
services out of private homes. He feels this is wrong because he was
not allowed to do this; anyone applying for a license should have a
place of business and comply with the conditional use.
Mayor Scheifley stated he sees Mr. Kovar's point but that
is not the issue before Council tonight.
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Thomas F. Burrows, Delray Beach, stated he objected to the
granting of the license for additional taxicabs.
Mr. Sanson moved that a Certificate of Public Convenience
and Necessity be granted to Aldo and John T. Gray, d/b/a Gray's Taxi,
seconded by Mr. Chapino Said motion passed unanimously.
7.c. The City Manager reported that a communication has been
received from the Area Planning Board dated September 1st, requesting
A-95 Clearinghouse review and comments relative to the Florida Depart-
ment of Environmental Regulation Coastal Zone Management Development
Program/Supplemental Grant in the amount of $500,000 to complete the
development of a recommended coastal zone management program for sub-
mission to the Florida Legislature by March 1, 1978. Approval is
recommended. Of this would be $400,000 Federal money and $100,000
State money making up the $500,000.
At this point, time being 8:33 P. M., Mayor Scheifley left
the room and Vice-Mayor Weekes took charge of the meeting.
Mr. Sanson commented that he thinks it would be proper for
Council to consider this request. The Coastal Zone Program is one
that has been mandated by Federal Law; if Council does not do it on
State level, when they are down to the local level the Federal Govern-
ment will do it for the City. They are allocating the major portion
of the funds and for the future well-being and quality of life in all
of Florida in its coastal areas, it is Mr. Sanson's opinion that the
Coastal Zone Management Program is a mandatory one that needs to be
implemented.
Mr. Sanson moved that Council state their approval of the
completion of the development of a recommended Coastal Zone Management
Program for submission to the Florida Legislature by March 1, 1978 by
the Florida Department of Environmental Regulations, seconded by
Mr. Randolph. Said motion passed unanimously.
Before roll call Mr. Sanson stated that he has had the honor
of being asked to serve on the State Advisory Committee on the Coastal
Zone Management Plan, which is composed of 18 members throughout the
State; the expenses will be paid by the State and if anyone would like
to convey any feelings or comments about this program to him to feel
free to do so.
7.d. The City Manager reported a communication has been received
from the Area Planning Board dated August 31st, requesting A-95 Clear-
inghouse review and comments relative to the proposed subdivision
development for VA/Southridge Plat 92, located between U. S. No. 1 and
1-95, north of Linton Boulevard. Although this property is not pre-
sently within the City limits, the proposed development is in confor-
mance with the City's Land Use Plan which designated this area as
single family. Approval is recommended.
Mr. Randolph moved that Council authorize its proportionate
share in A-95 Clearinghouse Review for the VA/Southridge Plat ~2,
located between U. S. No. 1 and 1-95 north of Linton Boulevard, seconded
by Mr. Chapin. Said motion passed unanimously.
8.a. The City Manager reported that Resolution No. 47-77, requesting
permission from the Palm Beach County Board of Commissioners to rezone
land to be annexed from AG(Agricultural) (County) to RM-6 (Multiple
Family Dwelling) District (City) south of the Lateral 32 Canal, between
Military Trail and Dover Road, is before Council for passage consid-
eration. The Planning & Zoning Board, at a meeting held on August 16th,
recommended by unanimous vote that the property be annexed subject to
RM-6 District. The Planning & Zoning Board also recommended by unani-
mous vote that the Land Use Plan be amended to show the north half of
the subject parcel as low density multiple family (6 units/acre)
instead of "open space and recreation" as it is presently designated.
This was discussed at the September 6th workshop meeting.
Mayor Scheifley returned - time being 8:38 P. M.
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The City Manager presented Resolution No. 47-77:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
PERMISSION FROM THE BOARD OF COUNTY COM-
MISSIONERS, PURSUANT TO FLORIDA STATUTES
171.062, TO REZONE LAND TO BE ANNEXED TO
THE CITY OF DELRAY BEACH FROM THE COUNTY
ZONING CLASSIFICATION AG(AGRICULTURAL)
TO THE CITY'S ZONING CLASSIFICATION RM-6
(MULTIPLE FAMILY DWELLING) DISTRICT.
(Copy of Resolution No. 47-77 is on file in the official
Resolution Book.)
Mr. Weekes moved for the passage of Resolution No. 47-77,
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 Resolution No. 48-77, relative
to endorsing a program of Planned Parenthood and authorizing execution
of an agreement with the State of Florida Department of Community
Affairs subject to the following, is before Council for passage consid-
eration pursuant to workshop discussion on September 6th:
(1) That Planned Parenthood deposit, in a local bank under the
joint names of the City of Delray Beach and Planned Parent-
hood, $20,050, which is one-half of the total local share
for which the City is responsible under the agreement with
the passbook to be kept in the possession of the Finance
Director of the City.
(2) Execution of full release to the City of Delray Beach
indemnifying and holding the City harmless for any and all
claims, damages or actions arising out of the City's
sponsorship and endorsement of the Planned Parenthood
program.
The City Manager presented Resolution No. 48-77:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR, JAMES H. SCHEIFLEY,
TO SIGN AN AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
UNDER THE FLORIDA FINANCIAL ASSISTANCE
FOR COM34UNITY SERVICE ACT.
(Copy of Resolution No. 48-77 is on file in the official
Resolution Book.)
Mr. Chapin moved for the adoption of Resolution No. 48-77,
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.c. The City Manager reported that Ordinance No. 57-77, amending
Chapter 9 "Building Code" of the Code of Ordinances relative to require-
ments for service and storage areas of installation of flammable and
combustible liquids, is before Council for passage consideration on
Second and FINAL Reading. This ordinance was passed on First Reading
at the August 22nd 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. 57-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 9 "BUILDING CODE" OF THE CODE OF
- 9 - 9/12/77
ORDINANCES OF THE CITY OF DLERAY BEACH
BY REPEALING SECTION 505. AND SUBSTITU-
TING IN ITS PLACE A NEW SECTION 505.
REQUIREMENTS FOR SERVICE AND STORAGE
AREAS OF INSTALLATION OF FLAMMABLE AND
COMBUSTIBLE LIQUIDS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 57-77 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. Randolph moved for the passage of Ordinance No. 57-77
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.
8.d. The City Manager reported that Ordinance No. 58-77, adopting
the 1977-78 municipal budget is before Council for passage considera-
tion on First Reading following the holding of a public hearing on
the budget and the holding of a public hearing on allocation of
Federal Revenue Sharing Funds with a final public hearing and passage
on Second and FINAL Reading to be considered at the September .26th
meeting. The City Manager suggested the public hearing on the alloca-
tion of Federal Revenue Sharing Funds be held first since it is one
of the seven various agency budgets that make up the entire City
budget. He stated the Federal Revenue Sharing Funds in the amount
of $486,340 are tentatively allocated by Council workshop decision
for the fiscal year 1977-78 for the following purposes:
Financial Services ........... $ 2,500.00
Two Beach Rangers ........... 18,355.00
Fire Pumper .............. 70,000.00
Public Works Vehicles & Equip ...... 175,840.00
Parks & Rec. Improvements & Equip .... 194,645.00
Substitution for the $25,000 designated for conver-
sion of the jail space was made for the purchase of
other capital equipment by Council.
TOTAL ................. $486,340.00
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.
Rudolph Brey, 1004 Brooks Lane, representing the Ad Hoc
Committee for Revenue Sharing, Delray Beach, questioned the article
in the Delray Beach Journal of an additional $7500 to be allocated
for the purchase of a mini-bus. The City Manager stated that nothing
has been added to the budget for the purchase of a mini-bus; however,
there are budgeted funds, up to this point, for the purchase of a
mini-bus for use by the Parks & Recreation Department. Mr. Brey
then asked the City Manager if it has been envisioned by the Admini-
stration that the bus be used for senior citizens for emergencies,
such as having to go to doctors, hopitals, etc. The City Manager
stated that that part was not discussed in connection with this and
this was not the consideration; however, this is not to say that the
Parks & Recreation Department would never be able to use it for that
purpose. This was specifically put in the budget and funds tentatively
allocated for buying a mini-bus to supplement the regulation size
school bus, that is now assigned to the Parks & Recreation Department
for transporting participants in the City's recreational programs,
primarily the day camp participants and registrants. The City was
requested by two different delegations during the year to purchase a
- 10 - 9/12/77
similar school bus for assignment to the Pompey Park facility and
also one for the Catherine Strong facility; the City did not see its
way clear to do that and instead compromised by providing funds for
one vehicle instead of two and for a mini size bus instead of a regu-
lation size bus and instead of locating the planned bus at one of the
specific recreational facilities, it will be assigned to the central
office of the Parks & Recreation Department under the jurisdiction of
the director to be used however he best sees fit for the benefit of
the department as a whole. Mr. Brey stated that he recently learned
that should Council include a mini-bus of $7500 for the use of senior
citizens, there is a remote possibility and almost a commitment that
the Ad Hoc Committee could get a grant to insure its operation and
maintenance (Chauffer, insurance, etc.). He stated he hoped that
Council will, between now and September 26th, reconsider their request
for the 10 percent deal. He read a resolution that had been prepared
by the Ad Hoc Committee relative to this item.
Mr. Brey stated he would like it understood that this com-
mittee of senior citizens do not demand anything; they request an
allocation of 10 percent relating to the Revenue Sharing Funds.
Marie Taylor, 232-D High Point Court West, Delray Beach,
employed with the Citizen's Information Referral System, part of
the United Way, stated they have an office at the County Court House
and receive requests daily for various forms of transportation from
people who are crippled, poor and do not have the means to hire a
taxicab; the County buses do not have the lift which is necessary for
some of the people who are in wheel chairs to be transported to the
hospitals and doctors or to the stores. She urges seriously, Council's
consideration that the City get some sort of lift mini-bus to take
care of some of these problems.
F. C. Schoenbachler, President of the AARP, American
Association of Retired People, a representative membership between
700 and 800 persons, commented that he strongly approves of Mr. Brey's
idea inasmuch as they are approximately 40 percent of the population
of Delray Beach. He stated that these people should be given some
consideration closelto, if not exactly, 10 percent of the Revenue
Sharing Funds and most of the people he represents feel the same.
Marion T. Falor, Lake Delray Apartments, representing
Mr. Paul Tyre, President of the Friendship Club, stated their club is
in favor of the allocation of some of these funds for the mini-bus,
meals on wheels, and friendly visitor's service.
The public hearing was closed.
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, on the entire budget with exception
to the Revenue Sharing Funds. The public hearing was closed.
The City Manager presented Ordinance No. 58-77:
AN ORDINANCE MAKING APPROPRIATIONS OF
THE SUMS OF MONEY FOR ALL NECESSARY EX-
PENDITURES OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE PERIOD FROM THE 1ST
DAY OF OCTOBER, 1977, TO THE 30TH DAY
OF SEPTEMBER, 1978; TO PRESCRIBE THE
TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS
AND THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS AND ORDINANCES WHOLLY IN
CONFLICT WITH THIS ORDINANCE, AND ALL
RESOLUTIONS AND ORDINANCES INCONSIS-
TENT WITH THIS ORDINANCE TO THE EXTENT
OF SUCH INCONSISTENCY.
The City Manager read the caption of the ordinance.
- 11 - 9/12/77
Mr. Weekes moved for the passage on First Reading of'Ordinance
No. 58-77, 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. Said motion passed with a
4 to 1 vote.
Before roll call the following discussion was had. Mr. Weekes
stated the people made a very good point as to the mini-bus and he
would be willing to sit with one of the representatives of the petitioners
to discuss how such a program can be successfully administered. He
stated if he could understand this he would be willing to try to find
the $7500 to buy the mini-bus.
Mr. Sanson stated that although the actual page that deals
with the allocation of the Revenue Sharing Funds does not show any
certain percentage, or large percentage of money being allocated for
expenditures on senior citizens, Council is making a substantial ex- A
penditure this year, which most people would agree will benefit senior
citizens more than any other group of people in Delray. This expendi-
ture of money, which is for an additional rescue truck with trained
EMT, could have shown up in the Federal Revenue Sharing allocations,
then the percentage would have been~met because the actual allocation
is well over or close to $100,000. Council has also tried to recog-
nize the needs of senior citizens by, in a sense, singling the group
out as the only one who is not going to suffer increased, non-resident
fees or increased fees of any type at the Adult Community Center. In
reference to the mini-bus, he has no ojbections to seeing this; however,
he would like to have it discussed more and fully substantiated on
the committee's part that there will be the need for the bus, if the
outlay is made.
Mr. Brey expressed his appreciation for Council's considera-
tion. He stated he is going to have a meeting with someone from the
Gulfstream Area-wide Council this Friday and they will work out the
schedule which will be presented to Council.
Mr. Sanson stated he will vote against the budget as it is
his hope that between now and final adoption, Council will consider
looking at the aspect of reducing the overall expenditures of the
budget which suffered a substantial increase in its total allocation.
Mayor Scheifley asked if anyone had any suggestion as to
how to make the study of the mini-bus feasible. Mr. Weekes suggested
the City Manager contact Mr. Kohl, or someone in Boynton to find out
how their bus for senior citizens is administered, then schedule it
for workshop with Mr. Brey and/or other representatives of his committee.
This was agreeable with Council.
Stanley Tate, 915 N. E. 125th Street, North Miami, stated
that there is a program under HUD which has an ambulatory bus for
senior citizens and the City Manager could contact the City Manager
of North Miami for any information that might be of help.
8.e. The City Manager reported that Ordinance No. 59-77 increasing
the service charge for residential garbage collection from $4.25 per -
month to $4.75 per month pursuant to Council budget workshop discussion,
is before Council for passage consideration on First Reading.
The City Manager presented Ordinance No. 59-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 14A "GARBAGE AND TRASH" OF THE
CITY'S CODE OF ORDINANCES BY AMENDING
SECTION 14A-8(A) (1) TO INCREASE THE
MONTHLY SERVICE CHARGE FOR RESIDENTIAL
DWELLING UNITS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Manager read the caption of the ordinance.
- 12 - 9/12/77
Mr. Weekes moved for the approval of Ordinance No. 59-77
on First 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.
Before roll call the following discussion was had. Mr. Sanson
stated that in thinking about this particular aspect of the adoption
of the budget and listening to comments that have been made, he has
had some great concern arise as to whether or not Council is proceeding
along the right road. He tends to think that perhaps there is a
different and better way to accomplish their means; there is a distinct
possibility that there could be a better system of equity put in this.
Mr. Sanson noted that in talking privately with Mr. Wallin, he tends
to think Council will see a law suit on this and thinks the Council
would have some questionable ground to stand on and would have to end
up refunding some money.
Mayor Scheifley stated he does not think Mr. Sanson's fears
are well founded; he thinks this is an established municipal policy and
that he does not think there is an ordinance in the City of Delray
that can't be protested on the grounds that it is not fair and equit-
able to everybody. Mayor Scheifley suggested that Council pass this
ordinance;then if changes are needed, have it studied and then come
up with specific ideas.
Mr. Sanson stated he is not against the philosophy of what
Council is trying to do and will vote yes for this particular reading
of the ordinance if he could have some sort of assurance that between
now and second reading this could be discussed at a workshop and have
the City Attorney's comments.
Mr. Chapin commented that he would join in Mr. Sanson's
request; just because it has been done in the past is no reason for
it to be done in the future and would feel more comfortable with a
presentation by this Administration of the fairness and equity in sup-
port of the action being taken.
Mayor Scheifley stated to try to make the rates fair and
equitable according to service is going to make it extremely high for
those who get the service and reduce the burden of those who don't
have it and create a monster that you can't live with.
Mr. Randolph stated that as with all other activities in
this City he does not want to see this on the increase, but Council has
a city to run and every thing is on the increase. Nowhere in south
Florida will one be able to receive the collection service this city
is receiving at an average of about 15½¢ a day. He concurs with the
comments of the Mayor inasmuch as no matter what is done, it will not
be, across the board, fair to everyone and this is one of the problems
in passing an ordinance in any municipality.
It was confirmed that this will be on the next workshop
agenda.
9.a. The City Manager reported that the Planning & Zoning Board,
at a meeting held on August 16th, recommended by unanimous vote that
the site and development plan for High Point (Section VII) in Section
13-46-42, south of Lateral 32 Canal, between Military Trail and Bar-
wick Road be approved, subject to the following:
(1) Compliance with the City Engineer's comments as stated
in his August 12th memorandum;
(2) Compliance with the Director of Public Utilities'
comments as stated in his July 27th memorandum;
(3) Compliance with the requirements of the Community
Appearance Board as stated in their minutes of
August 10th;
- 13 - 9/12/77
(4) Compliance with the requirements of the Lake Worth
Drainage District as stated in their July 28th letter;
(5) Approval of the City Attorney's office as to documen-
tation pertaining to common areas;
(6) A time limitation of 24 months be set for development
of the project.
This was discussed at the September 6th workshop meeting.
Mr. Weekes moved that the site plan for High Point Section
VII be approved as recommended, by the Planning & Zoning Board subject
to the condition contained in that approval and further subject and
conditioned upon the property being annexed into the City of Delray
Beach, such site plan approval to be effective 24 months from the
effective date of the annexation, seconded by Mr. Randolph. Said
motion passed unanimously.
Before roll call Mr. Sanson offered a substitute amendment
that the 24 month time period be effective from tonight. The motion
died for lack of a second.
Mr. Chapin stated that his understanding is that in the
event the applicant does not become annexed into this City, this
conditional site plan approval has no effect, and if the applicant's
property is annexed into the City, then and only then, would a site
plan approval be granted and that approval would be for 24 months
from that time.
Mr. Weekes stated the way he interprets the motion he made
would be that the site plan approval would have been granted if this
motion passes contingent upon and subject to that annexation and, in
the event the annexation is approved and the property is in fact annexed,
the site plan has been approved; if it is not approved, then this
action is null and void because Council has no authority outside the
corporate limits.
Upon question by Mr. Chapin if this motion, as presented,
binds the City to anything at this time, the City Attorney answered,
yes; it would bind the City to the site plan providing that Mr. Tate,
and High Point close in reliance on that approval and subject to it
being annexed to the City. Ordinarily, when the City approves or
tries to approve a site plan that is not within the City limits, that
approval does not take legal effect at that time; it cannot, it does
not. However, what the Council is doing by saying that they approve
of that site plan is telling the developer that yes, at such time that
you come into the city, that site plan will be in effect. If Mr. Tate
closes on the property tomorrow and spends the money to acquire that
property, he is doing so in reliance on that approval and on the fact
that he will be able to develop that property in accordance with that
site plan approval. Legally, the City will be bound to that site
plan for the time limitation set forth in the approval, if the property
is subsequently annexed into the City. If Mr. Tate would have closed
prior to the time the site plan is approved, he would not have any
vested right as such, to that site plan and it would not bind the City
until such time as the City would subsequently approve it.
Mr. Weekes stated that the only difference between this
situation and any other situation in which Council approves site plans
is this is contingent upon it being annexed.
9.b. The City Manager reported that a memorandum dated July 11,
1977 has been received from the Chairman of the Planning & Zoning
Board relative to a development proposed by Mr. Collins in the vicinity
of West Atlantic Avenue and Congress Avenue. This memorandum repre-
sents the thinking and is the report of the Planning & Zoning Board.
This item was on the July 25th and August 22nd agendas and was deleted
per Mr. Collins' request. Mr. Collins has asked that it be considered
- 14 - 9/12/77
tonight.
Sally Benson, of Jones, Paine & Foster Law Firm, West Palm
Beach, spoke representing Mr. Collins. She stated that Mr. Collins
is aware of the concerns brought before him and in an effort to satis-
fy these concerns and to indicate his willingness to work with Council
in putting this property to a use that would be agreeable to Council,
he has entered into a restrictive covenant which has been recorded
in the County Courthouse, and is binding on his property. It essentially
says that Mr. Collins will not use the property, nor will any future
purchaser or assignee use the property for any of the uses listed on
page 2 of the covenant which seems to be the types of uses that are
objectionable. Mr. Collins has placed this as an indefinite covenant,
which means it could run forever, and this covenant is binding whether
or not the property is rezoned. If there was a violation by a property
owner, the restrictive covenant gives the right to the adjoining pro-
perty owners to enforce this covenant. The properties in the surround-
ing areas are already zoned commercial and industrial and it is their
contention that this property is only adaptable for commercialized
use and its present zoning status is of no use to the owner and should
be properly rezoned.
Mr. Weekes questioned the enforcement of this covenant.
Ms. Benson stated that this would be an adjoining property owner who
would have to bring this up. She stated that she and the City Attorney,
Mr. Saberson, had a conversation about enforcement and it was their
joint determination that it would not be proper for City Council to
bring a law suit for violation.
The City Attorney stated that Ms. Benson has correctly stated
as far as the enforcement and running of that enforcement to adjoining
property owners; he has informed Council before that an arrangement
for the enforcement of restrictive covenants by the City could not be
worked out in conjunction with the zoning because of certain legal pro-
blems; the critical part of the covenant is, who is going to enforce
it. There is also the question of the general enforceability by the
adjoining property owner and the nature of the restrictive covenant
itself. This is somewhere between the approach that was going to be
taken in the ordinance proposed by Dr. Bartley where each use would
be specified in the ordinance that approved a development and would
limit it strictly to those uses, and the approach where it would be a
rezoning that would be unlimited in the sense that there would be no
possible restriction on the use of the property. The zoning ordinance
itself cannot be made conditional upon these covenants; the zoning
ordinance itself must be approached as an unconditional document as far
as rezoning or not rezoning the property. If Council decides to have
the rezoning take place, they should instruct the City Attorney's
office to prepare the necessary ordinance.
Mr. Chapin stated that the only issue before Council is
whether or not the zoning applicable to this property is correct and
proper. This issue h~s been discussed on two separate occasions by
this Council and two separate occasions by the Planning & Zoning Board;
the question now is whether or not this is going to be resolved once
and for all. In light of what has transpired perhaps the situation
has changed and maybe this should be referred to the Planning & Zoning
Board as to whether or not there are any possible changes in conditions
where surrounding areas would warrant rezoning this property from its
present zoning and warrant change in the Land Use Plan that Council
is adopting.
Mr. Weekes stated he agrees with everyting Mr. Chapin said
until he got to the point of turning this over to the Planning &
Zoning Board for further recommendation. They have looked at it and
there has been no change since April and to refer it back to them
would be further delaying the decision this Council has to face. As
he felt before, residential zoning is not proper in that location;
there is commercial and light industrial uses on at least two sides of
it and what's around it will probably be the busiest intersection in
Delray Beach and he does not see how anyone could develop residential
- 15 - 9/12/77
units on that land.
Mr. Randolph noted that he has stated his opinion on this on
several occasions but would like to make the following comments:
(1) if the party had not purchased this particular property under a
commercial zoning he would not hesitate to even give the least bit
of consideration on it, but since he did, this is one of the things
he delved into; (2) there might have not been any paper changes in
the property but there has been some physical changes; (3) the parti-
cular business type activities that the owner is suggesting would
be an assest to that particular area. If this property was adjoining
anything other than what it is, he might consider differently but as
he stated previously, this is not residential property.
Mr. Sanson did not feel he could agree with a blank commer-
cial designation of this property. He was very hopeful that a good,
solid answer to this would come up and he does not think this restric-
tive covenant is it. At this point, he would have to go along and
see it remain residential; however, basically the RM-15 designation
still allows commercial development on a conditional use basis.
Mayor Scheifley stated he is concerned the way this affects
the rest of the property bounded by Congress and South 10th Street,
Homewood and Atlantic Avenue. Mayor Scheifley asked the City Attorney
if this property is zoned commercial, would it be spot zoning? Would
it be contract zoning?
The City Attorney stated that he would rather not answer
the question pertaining to spot zoning in case the City gets into
litigation; he does not want to express the opinion of the expert the
City had to prepare the ordinance. As far as contract zoning is con-
cerned on this particular ordinance, no it is not; the ordinance will
be unconditional.
Ms. Benson stated that when Mr. Collins purchased this pro-
perty it was zoned commercial and was unaware that this property was
rezoned subsequent to his purchase and was not given proper notice as
required by law.
Mr. Collins stated that if he put a bowling alley and a
racket ball court in there, there is no way he is going to let anyone
put a filling station or a garage or any other piece of junk next
door to it and he is ready to start tomorrow. He has done everything
he can to please Council and cooperate in anyway he can; he is having
the lot cleared; he has the blueprints, the financing and is ready to
start construction and will have something the City will be proud of.
Mr. Weekes moved that the City Attorney be directed to pre-
pare an ordinance to change the zoning of this property to SC, seconded
by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin
- No; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor
Scheifley - No. Said motion failed with a 3 to 2 vote.
At this point Mr. Chapin left his chair for this item in '~
that he is the petitioner.
9.c. The City Manager reported that the Planning & Zoning Board,
a-~ a meeting held on August 23rd, recommended by unanimous vote that
the site plan modification for the Law Offices for Gezelschap and
Chapin at the northeast corner of the intersection of N. E. 8th Street
and Andrews Avenue consisting of (1) changing the location of the
building on the site, (2) reducing the square footage of the building
(3) increasing the amount of landscaping and (4) rearranging the park-
ing layout, be approved as a minor modification, subject to the fol-
lowing:
(1) Compliance with the requirements of the Community Appearance
Board, as stated in their minutes of August 10th;
- 16 - 9/12/77
(2) Compliance with the requirements of the City Engineer as
stated in his June 27th memorandum.
Mr. Sanson questioned Mr. Chapin that back in the beginning
there was some talk about a need to encroach into the setback area
going before the Board of Adjustment for a variance.
Mr. Chapin advised that the variance was procured and has
been abandoned in the plan presented to Council tonight.
Mr. Weekes moved that Council approve the site plan modifi-
cation for the Law Offices for Gezelscahp and Chapin with the provisions
attached by the Planning & Zoning Board, seconded by Mr. Randolph.
Said motion passed unanimously.
10. The City Manager recommended that Council authorize payment
of the City's bills.
Mr. Randolph moved that Council authorize payment of the
City's bills, seconded by Mr. Sanson. Said motion passed unanimously.
Before roll call Mr. Sanson stated he wo~ld like to discuss,
in the near future, the retention of services of Smith, Young and Blue
and the further need for it. The City Attorney stated they are not
retained any longer; these bills were two to three months behind in the
billing and this is why they are showing up now well after the termi-
nation of that case.
General Funds ............... $689,754.47
Water and Sewer Fund ............ 437,675.40
Cigarette Tax Fund .............. 85,865.00
Utility Tax Fund ............... 83,993.87
Special Projects Fund ............. 30,227.10
Improvement Trust Fund ............ 418.36
Beach Restoration Fund ............ 15,750.00
Federal Revenue Sharing Fund ......... 4,350.24
Federal Public Works Grant iFund ........ 126,889.42
Mr. Weekes moved for the adjournment of the meeting, seconded
by Mr. Randolph. Said motion passed unanimously. The meeting adjourned
at 10:00 P. M.
" City Clerk
APPROVED:
The Uhdersigned 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 September 12, 1977 whi.~h minutes were formally
approved and adopted by the City Council on ~~ ~ ~ /~7 7 ·
City Clerk
NOTE TO READER: If the minutes that you have received are not completed
as indicated above, then this means that these are not
the official minutes of the City Council. They will be-
come the official minutes only after they have been re-
viewed and approved which may involve some amendments,
additions, or deletions to the minutes as set forth above.
- 17 - 9/12/77