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01-22-73 JANUARY 22~ 1972 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. on Monday, January 22, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. 1. 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 January 8, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weekes. 4.a. Mr. Weekes reminded Council of a previous request made by him to contact the League of Women Voters pertaining to a review by that organization of the election procedures and statutes of the City of Delray Beach. The purpose of such a review would be to receive from the League of Women Voters recommendations that might create more community interest in elections. Contact by Mr. Weekes with Mrs. Barbara Parkhurst, President of the League of Women Voters, produced a favorable response to undertaking this project. Mr. Youngblood moved that Council authorize the review of election laws by the League of Women Voters with their recommend- ations to be presented to Council. Mr. Saunders seconded the motion which passed unanimously. Mr. Weekes added that he had contacted Mr. William James, State Representative of District 80 (including Delray Beach), who advised that the State Legislature might look into this matter. Mr. James requested Mrs. Parkhurst to make available to him any recommendations the League of Women Voters might develop. Mr. Saunders informed Council that Attorney General Stone recently made some recommendations on election laws that were apt to this situation. Mrs. Parkhurst thanked the Council for the opportunity to be of service to the City, and asked for some direction or scope for this study. Mr. Weekes initiated some suggestions, i.e., the time of year elections should be held, the City Charter's lack of conformation to the interpretation of the law of the Courts with regard to ownership of property, and several other areas previously discussed with Mrs. Parkhurst. He stated the desire of the Council would be to have the League of Women Voters review the entire area of elections and develop ideas that might revise the election system in a positive manner. Mayor Scheifley added another aspect of the review should be the number of elections held in any given year. 4.b. Mr. Youngblood presented a matter that had been discussed previously by Council concerning the traffic situation at the corner of N.W. 4th Avenue and Atlantic Avenue. Several serious accidents have occurred at this intersection and a light is definitely required. When this request was first introduced, it was pointed out that this involved a state highway. Mr. Young- blood requested the State Department of Transportation be contacted concerning the seriousness of the problem. 4.c. Mr. Youngblood reported that Mrs. N. H. Cobbs, 106 S.W. 1st Street, Delray, had contacted him concerning the organization of a group to combat Sickle Cell Anemia, a disease that attacks the black race. Mrs. Cobbs has contacted several City and State officials who have indicated they will support the group. Mr. Youngblood stated he had agreed to aid in the organization of the group which would serve the City of Delray Beach. Mr. Saunders moved that the Council grant Mrs. Cobbs permission to organize the Sickle Cell Anemia Drive in Delray Beach and to solicit such funds as the organization is able to obtain from the Federal Government. Mr. Weekes seconded the motion which was passed unanimously. 4.d. Mayor Scheifley answered Mrs. Krivos' question concerning the location of the Flotilla Foundation, the auxiliary of the Coast Guard. It will be on the spoils area between the Wright Sun and Yacht Club and the Del Mar Marina behind Slim's Radiator Shop. 4.e. Mayor Scheifley informed the Council that Mr. Horace Burnett from Tallahassee had called him stating he represented Governor Askew's Human Relations Council. He will be in Delray Beach Wednesday and Thursday of this week and Mayor Scheifley has set a meeting with him Wednesday morning at 10:00 A.M. in the City Hall. All members of the Council and the City Manager are requested to be present. If this is impossible, Mr. Burnett will contact each member individually, Mayor Scheifley stated Mr. Burnett had not indicated the exact nature of the meeting. 4. f. Mayor Scheifley read a Proclamation declaring National Children's Dental Health Week in Delray Beach from February 4-10, 1973. 4.g. Mayor Scheifley read a Proclamation declaring January 21-27, 1973, as National Jaycee Week in Delray Beach. The Proclamation was presented to Mr. Peter Smith, President of the Delray Beach Jaycees. Mr. Smith thanked the City Council and asked that the Jaycees be informed of any help they could provide for the better- ment of the community. 4.h. Mayor Scheifley read a Proclamation declaring February 11- 17, 1973, as National Electrical Week in Delray Beach. 6.a. The City Manager stated the term of Mr. Paul Herig as a member of the Building Code Appeal Board expires on February 12, 1973. Mr. Herig has consented to serve another term, ending February 12, 1977. Mr. Weekes moved the reappointment of Mr. Herig to the Building Code Appeal Board which motion was seconded by Mr. Saunders and passed unanimously. 6.b. The City Manager presented the following bids for janitorial service for the City Hall for the period of one year beginning February 1, 1973: Bid Per Bidder Month Benson Superior Building Maintenance $ 950.00 Delray Beach East Coast Janitorial Services 1,350.00 Delray Beach Ocean City Service Company 1,023.40 Delray Beach -2- 1-22-73 It is recommended that the contract be awarded to Benson Superior Building Maintenance, Delray Beach, the firm that is presently~ performing the work and is also the low bidder. Mr. Youngblood moved the contract be awarded to Benson Superior Building Mainten- ance for the sum of $950 per month. Mr. Saunders seconded the motion which passed unanimously. 6.c. The City Manager read the bids received for city insurance coverage for three years beginning February 1, 1973, for City Equipment Floater, Water Tower Coverage and the City Treasurer's Bond: Equipment Water Treasurer's Floater Tower Bond (Ann Prem) (Ann Prem) (3 Yrs Prem) BEERY & BROWN AGENCY Crum & Forster Group $3,100.00 $1,163.00 $1,215.00 ATLANTIC INS. AGENCY Amer. Fire & Cas. - - 1,215.00 PLASTRIDGE AGENCY Insurance Co. of N.A. Ail Risk 5,161.00 2,256.00 1,350.00 Named Perils 4,380.00 GRACEY BROTHERS Aetna Insurance Co. All Risks 2,717.00 1,410.00 1,215.00 Hartford Ins. Co. All Risks 2,608.00 1,716.00 1,215.00 Named Perils 2,173.00 1,434.00 St. Paul Fire & Mar. All Risks 4,837.00 1,175.00 The City Manager recommended that the contract be awarded to Gracey Brothers as their quotations are the low bids with the exception of the Treasurer's Bond which is equal to or below the other bidders. The cost to the City during the~p~esent fiscal year for these three coverages would be $5,342 although a slightly smaller amount would actually be expended during the current year since the Treasurer's Bond is for a three year period and would be prorated during the remaining two years. Mrs. Krivos moved the bids sub- mitted by Gracey Brothers representing Aetna Insurance Company be accepted for the Equipment Floater, Water Tower and Treasurer's Bond. Mr. Saunders seconded the motion which passed unanimously. 6.d. The City Manager presented the following named improvements to be funded from the Federal Revenue Sharing Funds: $50,000 -- Improvement of beach parking lot, South Ocean Boulevard 50,000 -- Storm Drainage Construction 35,000 -- Teen Town Improvements 10,000 -- Construction of Bicycle Paths 6,000 -- Construction of addition for storage - Civic Center 5,000 -- Teen Town Pool $156,000 -- Total -3- 1-22-73 Mayor Scheifley pointed out that $40,000 of the total amount received from the Federal Government would be held in abeyance for further study and analysis. Mr. Weekes moved that the Federal Revenue Sharing Funds received by the City be appropriated as follows: $50,000 -- Improvement of beach parking lot, South Ocean Boulevard 50,000 -- Storm Drainage Construction 35,000 -- Teen Town Improvements 10,000 -- Construction of Bicycle Paths 6,000 -- Construction of addition for storage - Civic Center 5,000 -- Teen Town Pool 40,000 -- To be held in abeyance for future use. The motion was seconded by Mr. Youngblood and passed unanimously. Mr. Jack Gomery discussed the desire of the Beautification Committee to establish bicycle paths on A1A, presenting a verbal tentative location. Mr. J. W. Dunbar also spoke from the floor against the proposed paths on A1A, stating they should be in some other area. Mayor Scheifley remarked that the proposed location would provide both a walking area for residents and an area for cycling. 6.e. The City Manager recommended that authorization be given to the Charles M. Graves Organization, Atlanta, Georgia, to prepare a master plan for the development of Teen Town at a cost of $2,800. Mr. Mariott stated that this organization is one of the better known firms in the country in regard to parks and recreational planning and has done work for the city in the past. Mr. Saunders moved that the Charles M. Graves Organization be retained to develop a master plan for Teen Town in the amount of $2,800. Mr. Youngblood seconded the motion which was passed unanimously. 7.a. City Manager Mariott stated the Solicitations Committee has recommended approval of the application of the American Cancer Society to solicit funds in the city from February 26 through March 10, 1973, all requirements of the city having been met. Mr. Saunders moved that permission be granted the American Cancer Society to solicit funds, seconded by Mrs. Kr~vos and passed unanimously. 7.b. The City Manager stated that the Solicitations Committee has recommended approval be given to the Delray Beach Library Association to solicit funds from March 11 through March 24, 1973, all city requirements having been met. It was moved by Mr. Young- blood that permission be granted to the Delray Beach Library Association to solicit funds, seconded by Mrs. Krivos and passed unanimously. 7.c. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee meeting held on January 3, 1973. 7.d. The City Manager stated the City had received a request from the Chairman of the Antiques Show and Sale by St. Paul's Episcopal Church to place four signs, each 2' x 3', advertising the show. Two signs would be placed on S. Swinton Avenue and the other two would be placed on Federal Highway, one each on the northbound and southbound highways on the same posts on which the church now has -4- 1-22-73 directional signs posted. Mrs. Krivos questioned the placement of temporary signs on a federal highway when the Delray Bowling Alley was refused authority to post a sign designating the loca- tion of the alley. Mr. Mariott stated this discrepancy should be checked with the Department of Transportation. Mr. Richard Bigelow, 951 Space Circle, Delray Beach, spoke from the floor stating the locations of the signs had been selected based upon the fact that church signs already existed at these locations. Mr. Weekes moved that St. Paul's Church be authorized to erect the temporary signs subject to the approval of the Department of Transportation for the two signs located on the Federal Highway. Mr. Saunders seconded the motion which was passed unanimously. 8.a. The City Manager presented Resolution No. 2-73. A RESOLUTION FIXING THE PROVISIONS FOR THE ISSUANCE OF $5,000,000 CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1972; NAMING PAYING AGENTS; AND AUTHORIZING THE SALE OF SUCH BONDS. (Copy of Resolution No. 2-73 is attached to the official copy of these minutes.) Resolution No. 2-73 was unanimously passed on motion by Mr. Youngblood and seconded by Mr. Saunders. 8.b. The City Manager presented Resolution No. 3-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE AND PAVE THAT PART OF S.W. 7TH AVENUE FROM S.W. 6TH STREET SOUTHWARD TO MEET THE EXISTING PAVEMENT APPROXIMATELY 300 FEET SOUTH OF S.W. 7TH STREET. (Copy of Resolution No. 3-73 is attached to the official copy of these minutes.) The City Manager stated the City has received a valid peti- tion requesting the city to pave, by special assessment, a portion of SoW. 7th Avenue, a total distance of about 950 feet. Approval of the resolution is recommended which is the first of three steps necessary to complete the improvement by special assessment. More than 5~/o of the owners of the abutting property have signed the petition in accordance with city law. Resolution No. 3-73 was passed unanimously on motion by Mr. Saunders and seconded by Mr. Youngblood. 8.c. The City Manager presented Ordinance No. 1-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 3, 4, 5, 6, 7, 8 AND 9, BLOCK 1, ALSO LOTS 1, 2, 3, 4, 5 AND 6, BLOCK 6, SILVER TERRACE SUBDIVISION, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. -5- 1-22-73 (Copy of Ordinance No. 1-73 is attached to the official copy of these minutes.) 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, and there being no objections to Ordinance No. 1-73, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Krivos and seconded by Mr. Youngblood. 8.d. The City Manager presented Ordinance No. 43-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 29-9 AND 29-10, CHAPTER 29 OF THE CITY'S CODE OF ORDINANCES PERTAINING TO APPLICATIONS FOR BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. (Copy of Ordinance No. 43-72 is attached to the official copy of these minutes.) A public hearing was held, having been legally advertised in compliance with the laws of the State of Florid~and the Charter of the city of Delray Beach, and there being no objections to Ordinance No. 43-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Young- blood and seconded by Mr. Weekes. 9.a. The City Manager reported that the Planning and Zoning Board at their December 19, 1972 meeting had approved the site plan for Lakeview Greens, located on the N.W. corner of S.W. 12th Street and Dover Road, consisting of 160 dwelling units. Mr. Saunders moved that the Lakeview Greens site plan be approved, which motion was seconded by Mr. Weekes and passed unanimously. 9.b. The City Manager reported that the Planning and Zoning Board at their January 9, 1973 meeting had approved the site plan modification of Wright Sun and Yacht Club. The modification essentially consists of rearrangement of buildings and a change from two five-story buildings and three seven-story buildings to four seven-story buildings, resulting in the elimination of one building, with no change in the number of planned dwelling units. Review at the Council workshop on January 18, 1973 resulted in the elimination of a seawall eastward along the Intracoastal Waterway where an embankment now exists due to requirements by the State and specifically the Trustees of the Improvement Trust Fund. Mr. Saunders moved for the approval of the Wright Sun and Yacht Club site plan modification, seconded by Mr. Youngblood and passed unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Youngblood and seconded by Mr. Saunders. General Fund ............. $927,712.69 Water and Sewer Fund ......... 6,695.00 Cigarette Tax Fund .......... 51,000.00 Citizens Contribution Fund ...... 15,003.25 Improvement Trust Fund ........ 1,520.49 Federal Revenue Sharing Trust Fund . . 97,000.00 Lowson Blvd. - Water & Sewer Fund . . 520,000.00 -6- 1-22-73 10.bl. Mayor Scheifley announced the death of Former President Lyndon B. Johnson. 10.b2. The City Manager presented Resolution No. 4-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE REPAIRS OF THE TEEN TOWN SWIMMING POOL. (Copy of Resolution No. 4-73 is attached to the official copy of these minutes.) The City Manager stated this resolution would provide for entering into a contract with Delray Pools for repairs and rejuvena- tion of Teen Town Swimming Pool in the amount of $4,970. The pool is now closed to use and extensive repairs must be made before reopening for use. The funds will come from the Federal Revenue Sharing Fund. Resolution No. 4-73 was passed unanimously on motion by Mr. Youngblood and seconded by Mr. Saunders. 10.b3. The City Manager reported he had received a letter from Delray Pools, Inc., requesting rezoning to a different classifi- cation of property owned or controlled by Delray Pools, being Lots 1-7, inclusive, Block 3, Southridge Subdivision. It is recommended that this request be referred to the Planning and Zoning Board for study and recommendation. It was moved that the request from Delray Pools be referred to the Planning and Zoning Board by Mrs. Krivos, seconded by Mr. Saunders and passed unani- mously. 10.b4. Mrs. Krivos commented favorably on the new zoning map in Council Chambers and the way in which it was prepared. 10.b5. Mrs. Krivos reiterated her request for a sign on South Federal Highway for the Delray Bowling Alley to be checked with the Department of Transportation. 10.b6. Mr. Weekes expressed the hope that the administration, having approved the use of Pederal Revenue Sharing Funds, would move as expeditiously as possible to initiate the projects, particularly the parking lot on South Ocean Boulevard. He re- quested the Beautification Committee to participate in the land- scaping involved. 10.b7. Mayor Scheifley asked the City Manager what the status of the Cable TV was at present. Mr. Mariott replied that to his knowledge, it was still stalled in Washington before the Federal Communications Commission. The meeting was adjourned at 8:35 P.M. cit% c k-- - A PP ROVED: MAYOR -7- 1-22-73