10-03-77SpMtg A Special Meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday,
October 3, 1977, with Mayor James H. Scheifley presiding, and City
Manager J. Eldon Mariott, Assistant city Attorney Clifford Shandy, and
Council members Robert D. Chapin, David E. Randolph, and Aaron I. San-
son, IV were present. Councilman Leon M. Weekes was absent.
Mayor Scheifley stated the Special Meeting was called for the
purpose of assessing the so-called Kucera-Gwynn property.
The City Manager reported that this meeting concerns the pro-
posed development of the Kucera-Gwynn property on the west side of A1A
just north of Casuarina. The County recently awarded a contract for
the development of this park at the contract price of approximately
$90,000. They did so after taking the development plans through the
Parks and Recreation Department of the City of Delray Beach, and later
along with the development of the plans, had them reviewed and approved
by the City's Beautification Committee. According to the information
that was given by the Parks and Recreation Director, thinking that they
met and complied with all the City's wishes, they awarded the contract
not realizing that it was necessary to have approval of the City's
Community Appearance Board. They ended up before the City's Community
Appearance Board in at least two meetings on September 14th and again
on September 28th. The CAB made certain modifications to the proposed
plan with regard to the land development which did not hurt as far as
the County was concerned and the award of the contract was concerned.
The CAB did indicate that they wanted modifications made to the building
plans which would add an estimated $6,000 to $12,000 to the construction
cost according to who is doing the estimating, but $6,000 is about the
minimum figure mentioned. The ordinance establishing the CAB provides
that Council may override a decision of the CAB if unfavorable to the
applicant and, in this case, the County is the applicant in partnership
with the City. What they propose to do is largely for the benefit of
the City and other people that will be using the park. In any event,
it was questionable, in reading the minutes of the CAB whether their
action had been definitive enough in order to have action by this Council.
The City Manager stated he consulted with the City Attorney's
office and has been advised today by that office that the action by the
CAB, to date, especially at the 28th meeting, was definitive enough for
Council to consider an override should they wish to do so. The County
Engineer, Herb Kahlert, has brought along a number of photographs,
some of which are identical to the type building they propose to build
on the Kucera-Gwynn property. This has been discussed on two occasions
with Bob Currie, the Chairman of CAB, and he thinks all parties are
acting in good faith.
Mayor Scheifley read a letter given to him by Mr. Kahlert which
stated "Gentleman, approximately two weeks ago the County Parks and
Recreation Department, on behalf of the Board of County Commissioners
appeared before the Community Appearance Board to seek approval on the
site development for the Gwynn-Kucera property. The Community Appearance
Board rejected the County's proposed improvement based primarily on the
architectural considerations given to the restroom facilities. It is
respectfully requested that the City Council favorably endorse the pro-
posed improvements by the Palm Beach County. Sincrely H.F. Kahlert,
PE, County Engineer".
Mayor Scheifley explained the position the City is.in. The
Community Appearance Board ordinance was passed approximately two years
ago and the procedure provides that, if anyone wants to appeal the Decision
of the Community Appearance Board, they can come to the Council. As of
this date, to his knowedge, in the few appeals they have had, the City
Council has never overruled or reversed the decision of the Community
Appearance Board. However, in this case, everyone acted in good faith
and Council's objective should be to work out an amicable solution or
compromise on this and first they should have the facts. He is sure
the County has done everything they can. Mr. Medlen has cooperated and
the Community Appearance Board is sincere in their efforts to do their
job properly and Council must arrive at some solution to this whereby
both parties are satisfied.
Commissioner Medlen explained the County's stand and stated
they would certainly like to cooperate with the City and the Appearance
Board. They are a little short of money now and any time you have to
resubmit a contract you are letting the door open to pay a premium price
for any change orders. They are trying to keep their cost down and trying
to develop the south beach property in cooperation with the cities and
are expending pretty good sums of money in that area also. They are trying
to use the same type of restroom facilities that are being used in other
parks around the County and did not think they would run into any problem~
Their budget has been close this year and they are trying not to ask for
the $25,000 from the cities and they do not have fat in their budget whe~
they could find any extra money; they are dipping in the contingency
funds now just to get the budget right. Mr. Medlen stated he still think~
restroom facilities could be landscaped so there would be no problems with
the residents in the area.
Mayor Scheifley stated he read the minutes of the CAB meeting
and they stated that the changes recommended by the CAB concerns the roof
and some of the external features of the building.
Mr. Currie, Chairman of the Community Appearance Board, stated
he appreciates the position the County Commissioner and his staff are in -
they do have a problem going back to a contractor because he isn't going
to give them full benefit for what they should get. Mr. Currie stated
their main concern is the almost flat concrete roof with a built-up roof
on top with tar and gravel; the external expression is the pseudo stones
and the exposed concrete louvers. Perhaps they could have a plain roof
with shapes and perhaps a wood exterior, but if this is going to cost so
much more, then perhaps they could get an exterior in wood and live with
the roof or find a solution to deal with the contractor and representative
of the County Commission.
Mayor Scheifley asked Mr. Kahlert if he thought ~there is an
area of compromise where the City could share half the cost or, if the
cost is not too much, all the cost to make the changes? Mr. Kahlert
stated he did not know if he could answer that. The Community Appearance
Board did recommend some changes in the site plan which has a net dollar
effect and would be a credit of approximately $14,000. He stated he does
not know exactly what $14,000 will buy in terms of appearance.
Mayor Scheifley asked Mr. Kahlert what would be his estimate
of the change order recommended by the CAB. Mr. Kahlert stated that he
thinks they are at a disadvantage from the negotiating standpoint at
this time since the contract has been awarded and since the same contrac~
has a contract on two different parts, essentially building two differen~
buildings with a net cost differential on a unit base bid item of some
$12,000. He stated the best the Board could consider, at this time,
would be working with the City if the City could come up with a comparable
donor, possibly to beautify, add whatever architectural pluses to the
building to the tune of $14,000 from the County side.
Mrs. William Matthews, representing the Beach Property Owners'
Association, stated that some of the problems that upset them are (1)
in equating a building such as the one in John Prince Park, which is sitting
out in the open in a rather heavily landscaped area, creates a different
problem and situation than one on the ocean front. The ocean front
condominiums, which are about 30 yards from this restroom, is a kind of
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block effect - the aesthetic values are just about nil. She stated~b~
just came from Hilton, S.C., on her wan ~outh from vacation and has seen
some beautifully designed buildings which blend with the landscape and
which are board and batten and stained to possibly a shake roof. If a com-
promise cannot be found in any other way, the City of Delray Beach should
find some way to make this building attractive - to make it blend with the
landscaping which is going to be beautiful. To have this block house
sitting there on the ocean front is very unfair to all the citizens of
Delray, particularly to the people who happen to be residents near by.
The City Manager added that he thinks the County, and especially
Commissioner Medlen and Herb Kahlert, have always gone all out in attempt-
ing to do whatever they can for the development of parks in Delray and
other things. He stated he thinks the city should go as far as it can
in a reciprocal nature and that the CAB, in this instance, has acted in
good faith also in attempting to get a building that would be as much of
a credit as possible for the particular and peculiar type location. The
City Manager recommended that Council give very serious consideration to
underwriting whatever portion of the expense would be necessary in order
to have a decent appearing building; put in whatever money would be neces-
sary to the amount that the County is willing to spend. He stated that
Commissioner Medlen is saying that it appears to him that the County will
not ~e able to put . any additional money into the project in addition
to the contract amount; the contract has already been awarded. Should
this be the case, if the City says "yes", they will pay the difference
even if it is 10~. The City Manager stated he still thinks if Comissioner
Medlen could find a way to pay a portion of the cost, he would. Even as
tight as money is in Delray Beach, that building is going to be there a
long time and it's going to be seen by a lot of people; it would be to the
City's overall best interest, on a long range basis, to try to have a
building there that they will not have to apologize for or be ashamed of.
Mr. Chapin stated apparently there will be a cost of some $20,000
saving as a result of not having to be involved with bulkheading at
Atlantic Dunes Park and, from all he has heard, the people in that area
of Delray are pleased with the landscaping. If there is a saving of
$20,000 or less, the City might consider paying the overage of this cost
from the saving of the bulkhead to insure a most beautiful, acceptable
to the CAB, aesthetic, public building in that location. It seems the
County will be doing the transferring of funds, unspent, from the Atlantic
Dunes Park to this project and both the County and the City will benefit.
If funds can be taken from that $20,000 savings and switch it to this, that
would be the appropriate solution with the City picking up any overage
above that.
Commissioner Medlen stated he would hate to drop off the seawall
after pledging to do it and they have already put in for a permit. If the
sewalls are repaired, there would be no savings.
Mr. Chapin moved that the September 28th decision of the CAB,
regarding the Kucera-Gwynn Park Public Building be overruled to this
extent and this extent only, that the city will authorize the County to
proceed with construction with the understanding that a change order will
be made acceptable to the Delray Beach Community Appearance Board at a
cost not to exceed $14,000 from County funding, with the balance of the
cost subject to this Council's approval to be paid by the City of Delray
Beach, seconded by Mr. Randolph. The amendment that this be carried out
in 30 days or less was accepted by Mr. Randolph. Upon roll call, Council
voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes. S~id motion passed with a 4 to 0 vote.
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~ Mr. Randolph moved, at 7:44 P.M., for the adjournment of the
meeting, seconded by Mr. Chapin. Said motion passed unanimously.
· ~ city Clerk
APPROVED:
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 October 3, 1977, which minutes were
formally approved and adopted by the City Council on ~-~.~- /F?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. ~ney will
become the official minutes only after they have been
reviewed and approved which may involve some amendments,
additions, or deletions to the minutes as set forth
above.
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