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MAY 28, 1974
A regular meeting of the City Council of the city of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M., Tuesday,
May 28, 1974, with Mayor James H. Scheifley presiding and city Manager
J. Eldon Mariott, City Attorney G. Robert Fellows, Council members
David E. RandolPh, J. L. Saunders and Leon M. Weekes present. Mrs.
Grace S. Krivos was absent.
!. The opening prayer was delivered by Rev. J. D. Edwards of
St. Paul's A.M.E. Church of Delray Beach.
2__=. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of May 13, 1974, were
approved as amended on motion by Mr, Saunders and seconded by Mr.
Weekes, said motion passing unanimously.
4.a. Mayor Scheifley announced a deviation from the agenda, with
permission of Council, in order to consider Item 8a, Resolution No.
34-74.
A RESOLUTION OF THE CITY COD~CIL OF THE' CITY OF
DELRAY BEACH,'FLORIDA, RECOGNIZING AND COMMENDING
THE LATE DOUGLAS T. HOPKINS FOR HIS OUTSTANDING
COMMUNITY SPIRIT.
(Copy of. Resolution No. 34-74 is attached to the official
copy of these minutes.)
Mayor Scheifley asked the City Clerk to read the Resolution
in its entirety for the benefit of the audience. Mr. Saunders moved
the.adoption of Resolution No. 34-74, seconded.by Mr. Weekes.' Upon
roll call, Councii voted as follows: Mr. Randolph - Yes; Mr. Saunders -
Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes.
Mayor scheifley presented the Resolution to Mrs. Douglas T.
Hopkins who expressed her appreciation.'
4.b. Mr. Saunders stated he would like Council to consider an
item under Miscellaneous, Item 10.b. on the Agenda.
5.a. Mrs. Gayle Cataldo, 3400 Place Valencay, President of PTA
of Spady Elementary School, spoke concerning the increase in burglaries
in Delray Beach. She stated she believed the rate of burglaries rose
in correlation with the high rate of drug addiCtion in Delray Beach.
Mrs. Cataldo suggested the City study the program called TIP (Turn In
A Pusher) as outlined in a recent Reader's Digest article. Mayor
S~heifley remarked that almost every civic and fraternal group in
Delray was represented in the audience and he expressed a hope that
tl~ese groups would investigate the TZP p~ogram.
5.b. Mr. David H. Ekvall, 1004 Island Drive, Delray Beach, spoke
from the floor reading a statement concerning the United Citizens'
Committee Against Crime which has been formed recently in Delray Beach.
He outlined the formation of the group which now encompasses every
other major suburban community within the corporate confines of Delray
322
Beach. Mr. Ekvall stated he was elected General Chairman and Mr.
Peter Costello, former Inspector of Police for the City of New York
and more recently, with the Department of State, was elected Executive
Chairman. First Vice-Chairman is Mr. ?reston Wright, President of
the Delray Beach Civic Association. Others on the Executive Committee
are as follows: Mr. Tom Jeffries of High Point, formerly with the New
York City Police; Mr. James Hallmark of Sherwood Park; Mr. John Banting
of Tropic Isle; Mr. Carl Ruopp of Tropic Palms; and the Rev. Robert
Klemm of the Delray Beach Ministerial Association. Also represented
within the Citizens' Committee are Mrs. Mary McOwen and Mr. Ron Sanson.
Mr. Ekvall stated it is expected the Committee will be widened to
include local merchants and persons from within the city Administration.
He expressed the hope that all persons involved could work with the
City Administration in the fight against crime in Delray Beach. He
stated the Committee urges the following: 1 - an immediate public work-
shop on crime be scheduled by the Delray Beach City Council; 2 - a
quasi-official Citizens' Committee or a Commissioner be appointed to
serve in an advisory capacity to the Police Department of Delray Beach;
and 3 - Council and the City Manager, in an effort to obtain public
support for City-wide efforts to halt the incidence of crime, select
a new Chief of Police on the basis of merit - a person who has the
support of the United Citizens' Committee and the respect and approval
of the individual patrolmen. Mr. Ekvall stated the Citizens' Committee,
representing a large portion of the voters of Delray Beach, would not
be silent until the Police Officials evidence a greater Capacity to
reduce the incidence of crime in Delray Beach.
Mayor Scheifley requested the City Manager. to set up a work-
'shop in compliance with Mr. Ekvall's first request for the purpose of
discussing the other two requests presented. Mayor Scheifley suggested
representatives of the groups involved be requested to attend the
workshop meeting. The City Manager stated ~e would schedule the work-
shop and assured Mr. Ekvall and members of the Citizens' Committee that
he was as interested in combating crime as any other citizen.
5.c. Mr. Jack Pitts, 237 Seacrest Lane,'Delray Beach, reminded
Council that for the past three years the Delray Beach Kiwanis Club
has been promoting Project Theft Guard which the Club feels is a very
effective method of stopping crime since-it is difficult to resell
merchandise which has been marked. The Kiwanis Club and the Board of
Realtors both have the equipment available to the public to mark their
merchandise.
5.d. Mr. Peter F. Costello, 201 Uenetian Drive, Delray Beach,
Executive Chairman of the United Citizens' Committee Against Crime,
outlined some steps that the Committee would like to be discussed at
the workshop meeting. He cited the items as follows: 1 - the pro-
fessionalizing of the Delray Beach Police Department leadership; 2 -
demanding immediate action by the City Council in the direction of
grappling with the crime problem by first calling a workshop meeting
to be followed by such further actions and investigations as will
reveal the causes for the present high crime condition; 3 - urging
delay in the appointment of a new Police Chief to replace retiring
Chief.Grantham to allo~ time to investigat~ Police Department leader~
ship and conditions; 4 - recommend an outside evaluation of the Delray
Beach Police Department by the International Association of Police
Chiefs; 5 - support an investigation and study of the ~ourts to deter-
mine what justification exists, if any, for the charges that present
rampant crime in Delray Beach is attributable to the court's lax
attitude toward crime and criminals and their failure to back up the
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323
law enforcement effort of the police; 6 - lacking immediate, vigorous
effort along the foregoing lines, then seek Grand Jury investigation
of the entire law enforcement situation in Delray Beach; 7 - to seek
any other steps to stamp out the current situation wherein Delray
Beach appears to be one of the principal crime centers in Palm Beach
County. Mr. Costello presented each member of CounciI with a copy of
his prepared statement.
5.e. Mr. Robert Grauch, 555 S.E. 6th Avenue, Delray Beach,
commended the City Council and City Administration for their efforts
in improving the City of Delray Beach. He felt the blame for the
increase in burglaries was not with the City Administration, but with
the criminals. Mr. Grauch stated the situation warranted defending
property and family with vigilante tactics. He stated he felt Delray
Beach should adopt tougher policy toward criminals and it must begin
at a grass roots level. 'From May 1 through 4:00 P.M. today, there
have been numerous complaints received by the Police Department~ sta-
tistics were provided Mr. Grauch which indicated 1.9449 complaints
per hour since January 1, 1974, have been received by the Delray Police.
The new Police Department has facilities to handle 52 criminals and
Mr. Grauch stated there have never been more than 20 criminals at one
time in the Police Department. He further stated he favored Capital
Punishment and placing signs warning persons entering Delray Beach
that crime is severely punishable in Delray Beach.
6.a. The City Manager stated the following bids were received by
the City for the purchase of six 1975 cab and chassis trucks for use
in the trash collection program:
BIDDER Cost Trade-In Net
Rich Motors, inc. $39,069.00 $6,368.20 $32,700.80
West Palm Beach
Adams Chevrolet 36,000.00 1~600.00 34,400.00
Delray Beach
Hauser Dodge 36,675.48 600.00 36,075.48
Delray Beach
Coastal Truck & Equipment No Bid
Delray Beach
Earl Wallace Ford No Bid
Delray Beach
It is recommended the low bid of Rich Motors, Inc. in the
amount of $32,700.80 be accepted. Delivery will not be made of these
vehicles until the new fiscal year; therefore, it is planned to budget
funds for this purpose in the upcoming 1974-75 budget. Mr. Weekes
moved the low bid be accepted and the funds be provided in the 1974-75
fiscal year budget, seconded by Mr. Randolph, said motion passing
ffnanimously.
6-b. The city Manager stated the following bids were received by
the City for the purchase of one rear loader garbage packer truck:
BIDDER Bid
Florida Municipal Sales Company $14,874.00
Opa Locka
Gibbs Container Systems & Equipment Company 15,425.00
Pensacola
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324
It is recommended that the award be made to the low bidder,
Florida Municipal Sales Company~ in the amount of $14,874.00 with the
funds to come 'from the City's current budget. Mr. Cliff Harvell,
Director of Public Works, explained the City has been using an open-
bed truck for picking up large volume debris within the Commercial
area and experience has proven these trucks are not conducive to
putting the debris into the commercial containers that are used. A
rear-end loader will compact the items and will save.money and man-
power. Mr. Harvell stated this would be the only truck of this type
utilized. Mr. Saunders moved the low bid of FtOr~da Municipal Sales
Company in the amount of $14,874.00 be accepted, seconded by Mr.
Randolph, said motion passing unanimously.
6.c. City Manager Mariott stated a list of parcels of land in
violation Of Chapter 15 of the City's Code of Ordinances has been
presented to Council and it is recommended the City Clerk be directed
to comply with Chapter 15 in order to provide for abatement of the
nuisances determined to exist. Mr. Weekes moved the City Clerk be
directed to comply with Chapter 15 of the Code of Ordinances, seconded
by Mr. Saunders, said motion passing unanimously.
Mayor Scheifley recognized Mr. Robert Grauch who stated he
wished to speak on the purchase of the rear-end loader garbage truck..
He complained about the commercial litter, such as cartons, etc. Mayor
Scheifley stated after September 1, 1974, when trash is picked up once
a week, the City will be much cleaner.
7.a. The City Manager stated the City has received a communication
from the Frances J. Bright Woman's Club requesting permission to
solicit funds from June ist through July 31st. The Solicitations
Committee has recommended approval of the request; however, the Solici-
tations Ordinance provides for a maximum solicitation period of two
weeks. It is recommended the approval for a two week period, June 1st
through June 15th, be granted. Mr. Saunders so moved, seconded by Mr.
Randolph, said motion passing unanimously, Mayor Scheifley ascertained
the Frances J. Bright Woman's Club has been informed of the dates they
will be allowed to solicit.
7.b. The City Manager stated a request has been received that the
zoning of .682 acres of land on the west side of Germantown Road be-
tween Royal Palm Drive and S.W. 10th Street, being Lots 1 and 2 of
Esquire Subdivision, Delray Beach, be changed'from ~%{-15 (Multiple
Family Dwelling) to LI (Light Industrial). It is recommended the
request be referred to the Planning and Zoning Board~£or study and
recommendation. Mr. Weekes so moved, seconded by.Mr. Saunders, said
motion passing unanimously.
7.~. City Manager Mariott stated a request has been received that
the zoning of 1.01 acres of land on the east side of Swinton Avenue
between the south City limits of Delray Beach and Sterling Avenue,
being Lots 1 through 7 inclusive, Block 3, Southridge Subdivision,
be changed from R-lA (Single F~mi!y Dwelling) ~o ~I (Medium Industrial).
It is recommended this request be referred to the Planning and Zoning
Board for study and recommendation. Mr. Randolph so moved, seconded
by Mr~ Saunders, said motion passing unanimously.
8..a.~. Mayor Scheifley stated this item, Resolution No. 34-74 had
been handled at the first of the meeting.
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325
8.b. The City Manager presented Resolution No. 35-74.
A RESOLUTION OF TIE CI~£ COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AU~I@R!Z!NG A CITY
CONTRACT FOR THE ASPHALT RESURFACING OF
CERTAIN STREETS.
(Copy of Resolution No. 35-74 is attached to the official
copy of these minutes.)
City Manager Mariott stated this Resolution would authorize'
the negotiation of a contract for the repaving of portions of several
streets damaged as a result of construction of the Southwest Drainage
Project at a total cost of $32,054.00. A similar Resolution (No.
22-74) was passed in April, 1974, for the paving of these same streets.
In the interim, there has been approximately a 5~ increase in the
price of asphalt which necessitates the passing of this Resolution.
Mr. Saunders moved for the adoption of Resolution No. 35-74, seconded
by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Ran--
dolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley -
Yes.
9.a. The city Manager stated the Planning and Zoning Board at a
meeting held on May 21, 1974, recommended by unanimous vote that
Council approve the site plan for construction of a medical building
on the~nOrth side of N.E. 2nd Avenue and N.E. 3rd Avenue, being Lots
23 and 24, Block 12, Dell park. Dr. Frank Kucera is the applicant.
City Manager Mariott stated the site plan has not been before Council,
but is a non-controversial'.building, is for a medical office, is not
for family dwelling use and due to the necessity for Dr. Kucera to
open his practice at a ~, !~oa~on ~ the ~=~l~=~ possible ~ ~
is recommended this request be passed. The site plan has been
approved by all agencies of the city. Mr. Weekes moved the site plan
be approved, seconded by Mr. Saunders, said motion passing unanimously°
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Randolph and seconded by Mr. Saunders.
General Fund .............. $208,920.74
Water and Sewer Fund .......... 447,785.00
Cigarette Tax Fund ........... 12,725.00
Utility Tax Fund ............ 27,967.50
Improvement TruSt Fund ......... 1,800.00
Beach Restoration Fund ......... 6,300.00
Federal Revenue Sharing Fund ...... 1,558.00
10.b. Mr. Saunders reported on the matter of the County providing
bussing for 43 students to Spady Elementary School, stating he and Mr.
Weekes had met with Mr. Ripiey and Mr. Brown of the Transportation
Department of Palm Beach County relative to the furnishing of some
sort of bus by the School Board to transport the children next year.
Their response was that if the City has some sort of a plan to work
~oward such as sidewalks or bicycle paths, they would furnish a bus
for the length of time needed to implement one of the plans mentioned.
M~o Saunders stated Council should, -with the City Administration,
formulate a l~tter to the Transportation Department. Mr. Weekes
stated an extension of N.W. 8th Avenue would be necessary to provide
access to the school for the children.
10.b.1. The City'Manager stated the Southwest Drainage Project has
been completed and Should be closed out by Council with the exception
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5-28-74
of future special assessment actions. The city Manager outlined the
following conditions of the project: the total cost of the project
was $1,085,46'9.65 with a balance due to the contractor in the amount
of $99,043.20 to be approved by Council; the total contract price
includes a number of change orders that have been approved by Council
during the course of construction~ in addition to the change orders
previously approved, a new amount of $27,779.58 is the net accumulation
of several pluses and minuses that have been added, to or subtracted
from the project cost during the construction of the drainage project;
the payment to the contractor cannot be made until Housing Urban
Development finalizes their inspections of the project, papers and
contracts, and approves the project. A Federal Grant of $386,000 was
received by the City to assist in the financing of this project. City
Manager Mariott stated the first action to be handled by Council would
be to close out the project according to the terms and conditions listed
above; the second action would be approval by .HUD in writing; and the
final action would be approval by Council for final payment to the
contractor in the amount of $99,043.20. Mr. Saunders moved to finalize
the project and authorize payment and procedure for -the bond issue,
seconded by Mr. Randolph.
Mr. Charles Bent, 330 S.E. ist Avenue, Delray Beach, spoke
from the floor concerning the road in the southwest area, stating
there are roads in the area that are unsafe and on SoW. 2nd Street,
there is a 45° angle in the street. He stated these conditions have
been left from the drainage project and they should be corrected prior
to considering the project finished. The City Manager responded that
repaying in this area is already programmed by the City. Upon roll
call, Council voted as follows: Mr. Randolph - Yes; Mr. Saunders - Yes;
Mr. Weekes - Yes; Mayor Scheifley - Yes.
i0.b.2. City Manager i~iariot% stated ~ro Weekes suggested sometime
ago that the development of the southwest recreational complex cn S.W.
4th Avenue be handled. The next item to be considered in this project
is the award of the contract for clearing and grading. Grading and
clearing must be completed prior to determining the amount of fill
needed. ~hree bids for the grading and clearing have been received by
the City as follows:
BIDDE~ Bid
J. Po Calloway $5,675.00
One Man Engineering 6,000.00
Don's Trucking, Inc. 10,800.00
It is recommended that the low bid be awarded to J. P. Callo-
way in the amount of $5,675.00 with the funds for payment to come from
the Federal Revenue Sharing Funds pursuant to previouz Council agree-
ment. Mr. Weekes moved the low bid by J. P. Calloway in the amount of
$5,675.00 be accepted, seconded by Mr. Randolph, said motion passing
unanimously.
The meeting was adjourned at 8:35 P.M.
/ A_C_'l_'i:~C. City Clerk
-~/ M A ¥ 0 R (/ --
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326A
RESOLUTION NO. 34-74
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL?3~Y BEACH, FLORIDA, RECOGNIZING
AND CO~NDING THE LATE DOUGLAS T. HOPKINS
FOR HIS OUTSTANDING CO~4UNIT¥ SPIRIT.
WHEREAS, Douglas T. Hopkins moved into this city in 1969;
and
WHEREAS, Douglas T. Hopkins immediately became an active
citizen in the affairs of the City by personally attending all
regular and workshop meetings of the City Council and such meet-
ings as the Planning and Zoning Board, County Commission, Legisla-
tive Delegation and others Where the City's problems were being
discussed; and
WHEREAS, Douglas T. Hopkins became personally .involved
and spent many hours on the Beach Restoration Project including
actively campaigning for'the passage of the Beach Bond issue; and
WHEREAS, in the period of time that Douglas T. Hopkins
attended meetings, he earned the respect of the members of Council;
and
WHEREAS, Douglas T. Hopkinu was also an active member serv-
ing on committees in the Delray Beach Kiwanis Club and Delray
Beach Community Chest; and
WHEREAS, Douglas T. Hopkins by his participation and help-
ful con~ents, set an example for others to follow and emulate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the City Council does recognize and commend
Douglas T. Hopkins, deceased, for his outstanding contribution
to the City of Delray Beach by his active participation and con-
structive help in the affairs o.f the City.
2. That a copy of this resolution be forwarded to Mrs.
Beatrice Hopkins, his widow.
PASSED AND ADOPTED in regular session on May 28, 1974.
· ," i.?-)/ ,?
ATTEST:
city Clerk
326B
RESOLUTION NO. 35-7~.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY
CONTRACT FOR THE ASPi~LT RESURFACiNG OF CER-
TAIN STREETS.
WHEREAS, it is the recommendation of the City Manager that -
the Council, acting by authority of provisions of Section 78 of
the City's Charter, authorize the proper City officials to con-
tract for the asphalt resurfacing of City streets at a negotiated
price not to exceed $22.00 per ton; and,
WHEREAS, such contract is to be for the asphalt resurfacing
of the following streets designated by the City Administration:
STREET FROM TO
S.W. 4th Avenue S.W. 2nd Street S.W. 4th Street
S.W. 6th Avenue S.W. 2nd Street S.W. 4th Street
S.W. 8th Avenue S.W. 3rd Street S.W. 4th Street
S.W. 2nd Street S.W. 6th Avenue S.W. 7th Avenue
S.W. 2nd Street' S.W. 8th Avenue S.W. 13th Avenue
S.W. 4th Street S.W. 8th Avenue S.W. 12th ~Avenue
and~
WHEREAS, payment for such contract is to be made from the
Bond Account of. the Southwest Drainage .Project due to the fact
that the construction of the Southwest Drainage Project damaged
the streets to such an extent that resurfacing is necessary; and,
WHEREAS, it is the Council's opinion that such action would
be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS:
That authorization is hereby granted for the contracting for
the asphalt resurfacing of streets by Dixie Asphalt Company at a
negotiated price not to exceed $22.00 per ton.
This Resolution will supercede all provisions contained in
Resolution No. 22-74.
PASSED A~ND ADOPTED in regular session on this the 28th day
of May, 1974.
/~/', i / .? .n ~ ',,'~
ATTEST:
Acting City Clerk