04-24-73 APRIL 24t 1973
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 Tuesday, April 24, 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 Lord's Prayer was repeated in unison.
2. The Pledge of Allegiance to the Flag of the United States
of America was given.
3. The minutes of the regular Council meeting of April 9,
1973 were unanimously approved on motion by Mrs. Krivos and seconded
by Mr. Saunders.
4.a. Mrs. Krivos informed Council that a number of people have
talked to her concerning the crosswalk in front of the Post Office
on N. E. 2nd Avenue. She pointed out the hazard of pedestrians
attempting to cross the street at this location due to failure of
cars to observe the stop sign. She requested that the police watch
this area more closely and possibly give tickets for failure to
observe the signs. Mayor Scheifley requested the city Manager to
check into the matter.
4.b. Mr. Saunders questioned the status of the water supply of
Delray Beach. He stated surrounding towns have already placed rex
strictions on use of water. He also stated Delray Beach was waiting
for some equipment to be installed on the three new water wells and
questioned the effect this might have on the present water supply.
Mr. Mariott replied that he had not been informed by the Water and
Sewer Department that any shortage would be forthcoming.
4.c. Mr. Youngblood commended the Police Department for handling
problems such as U-turns in the City.
5.a. Mr. Ernest Schier of Delray Beach spoke from the floor
asking the status of the May 1 target date for beach restoration. The
City Manager informed Mr. Schier this would be discussed later in the
meeting.
Mr. Schier stated he read in the paper a request from
developers to build 18 buildings with 1,760 apartments which Highland
Beach approved. He questioned the cost of the sewer services provided
to Highland Beach with the increased demand for service. Mr. Schier
stated he did not believe the 80% increase for residents in Delray
Be&ch should go unmatched by the residents of Highland Beach. Mayor
Scheifley replied that no change has been made in the contract with
Highland Beach, and although the Council agreed the rates should be
increased for Highland Beach, the whole program has been delayed for
approximately one year which would allow time for renegotiating a
contract with Highland Beach.
Mr. Schier then informed Council of the television broad-
casts concerning health department inspections of restaurants in
Dade County and questioned whether or not the undesirable results of
such inspections could possibly exist in this area. Mayor Scheifley
stated Mr. Fellows could report the agency responsible for investi-
gation in this field. Mr. Fellows stated the Palm Beach County
Health Department would be responsible for this since the City of
Delray Beach has no ordinance on health contral.
Concerning westward expansion, Mr. Schier presented Council
with a brochure from King's Point after reading from it. He stated
that King's Point was using the City of Delray Beach as their loca-
tion in all of their advertising. Mayor Scheifley told Mr. Schier
that King's Point was not in the City of Delray Beach. He further
stated that Palm Beach recently stopped the advertising by the
developers in South Palm Beach who were advertising their developments
as being in Palm Beach. Mayor Scheifley asked Council members if they
felt the advertising by developers not in Delray Beach should be
stopped and they should be forced to advertise as being near Delray
Beach. Council expressed approval on handling this matter through
legal means. Mr. Weekes stated these developments have nothing to do
with Delray Beach in that they do not pay city taxes, are not in the
city limits, and in general, contribute nothing to the city. It was
agreed to include all developers outside of the City of Delray Beach
in an attempt to cause them to cease using Delray Beach as their
location. Mr. Saunders moved that the City Attorney take whatever
action is necessary to stop the developers west of the City from
using false advertising in indicating Delray Beach as their location.
Mr. Youngblood seconded the motion which passed unanimously.
5.b. Mr. J. W. Dunbar spoke from the floor concerning the lack
of train passenger service to Delray Beach by Amtrac. Mayor Scheifley
reported that a resolution had been passed calling for continuation
of passenger service to South Florida.
5.c. Mrs. Beatrice Hopkins spoke from the floor questioning the
use of ~he Delray Beach Adult Civic Center by King's Point. Mr.
Weekes stated he felt it would be worthwhile to investigate the prob-
lems which might occur from large numbers of people who are not
citizens of the City using the Civic Center since it is already fully
utilized. It was established that a nominal fee is charged people
who use the City's recreational facilities, with the exception of the
Civic Center. Council decided to discuss setting a policy for use
of this facility at the next workshop meeting.
5.d. Mayor Scheifley recognized Mr. Arthur Strock, the City's
consulting engineer on the beach project, and asked Mr. Mariott if
he wished to discuss the beach restoration project. The City Manager
stated that about one month ago the City received bids for the project
and that clearance to proceed had been granted today from the Divi-
sion of Beaches and Shores of the State of Florida. He further stated
that the delay had been caused by the type of sand available for the
project. If the sand is of high quality, the initial costs and
future maintenance costs are lower than if the sand is of a lesser
quality. The City Manager explained the work that had been done by
the City Administration, Strock and Associates, the Division of
Beaches and Shores of the State of Florida and the Corps of Engineers
of the State of Florida, plus the testing done by the University of
Florida at Gainesville, during the past month and particularly the
past ten days. This resulted in a recognition of the problems involved
by the State Agencies and an acceptance of the type of sand available
in Delray Beach. The City Manager then read the bids received by the
City. He explained the City would be obligated for the first column
figure only regardless of whether the oolite option was exercised.
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Project Oolite Total
Bidder Total Option Bid
C. F. Bean, Inc. $1,608,000 $50,000 $1,658,000
Ocean Industries, Inc. 1,699,000 8,000 1,707,000
Atlantic, Gulf & Pacific Co. 1,901,000 20,000 1,921,000
Great Lakes Dredge & Dock Co. 1,957,000 5,000 1,962,000
Standard Dredging Corp. 2,136,000 65,000 2,201,000
Jahncke Service 2,332,000 12,750 2,344,750
The City Manager stated C. F. Bean, Inc. was the low bidder
at a total City cost of $1,608,000 with a total project cost of
$1,658,000 if the oolite option is exercised. The bids were received
on the basis of placing on the beach 1,100,000 cubic yards of sand.
Since that time and primarily due to the quality of sand, it has been
discovered it will be necessary to place more than 1,100,000 cubic
yards on the beach. The City Manager said it could range from an
additional 200,000 to 300,000 cubic yards. The amount per cubic yard
bid by the low bidder is $1.28 which would mean an additional cost
of $256,000 for 200,000 cubic yards or $384,000 for 300,000 cubic
yards. The City Manager stated the annual maintenance cost may be in
excess of the ~ that was originally figured; he pointed out that this
could not be a positive figure due to the possibility of erosion by
storms, etc. Figures on possible loss range from ~ to 47% for the
first two yearsperiod, or an average of 23~/o for each of the first
two years. Normally, there is a greater loss for the first two years
since a sorting out of sand occurs based on grain size and other
characteristics. Dr. Robert Dean, a leading specialist in this field
located at the University of Florida, has estimated a loss of approxi-
mately one-half of that predicted by the Division of Beaches and
Shores and the Department of Natural Resources.
Mr. Arthur Strock spoke reaffirming the fact that consider=
able investigation had gone into the project and the method being
proposed is the best one available. The major delay encountered was
trying to acquaint others outside of the City of the conditions that
exist here. Mr. Mariott added that at the beginning of the delay
the Division of Beaches and Shores could not see approving the project
at all in the immediate future. In the past month, they have realized
the problems involved and the computations and samples that were run
caused them to view more favorably the sand available to Delray Beach.
Mayor Scheifley asked Mr. Strock questions which he has been
receiving from citizens of Delray Beach. Mr. Strock~replied as
follows: The starting date (arrival of equipment) would be approxi-
mately May 15th and the dredge would arrive on site about June 1st.
The contract provides for 108 construction days. The equipment is
located in Houston, Texas. One 24 inch pSpeline at a time will be
worked beginning one-half mile south of the north City limit, and the
pumping will proceed north to the City limit. From the same pipe
location, pumping will proceed south for approximately one-half mile.
While this work is in progress, another pipeline will be assembled
and submerged at approximately one and one-half miles south of the
north limit of the project. The dredge will then move to the new
location involving about one day's loss in time. The second pipeline
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location will begin pumping north until it meets the previously
pumped area; the pumping will then continue south. Probably only
two pipeline locations will be used although the possibility exists
that a third line will be used. C. F. Bean is the same company
used in Ft. Pierce and Pompano.
Mr. Saunders stated that several problems had been encoun-
tered in other locations with people who are observers and get in
the way of the pumping on shore. Mr. Strock acknowledged this could
be a problem.
Mr. Strock answered further questions as follows: A portion
of the pipe near the dredge floats and the pipe near the shore will
be submerged. The company works seven days a week, 24 hours a day.
The dredge is one-half mile off shore, so the noise should not be a
real problem.
Mr. Weekes asked how the matching funds from the government
were proceeding. Mr. Mariott replied it is too early to file a formal
application with the government for matching federal funds; however,
the City has filed with the State of Florida. Mr. Carlton has sug-
gested the City update its request to the State which was done on
April 20th. This letter contained an estimated cost of $2,200,000
of which $1,100,000 is anticipated to be federal money and $550,000
City money with the remaining $550,000 being requested from the
State. Mr. Carlton informed the City Manager the City would be able
to secure the first $175,000 in cash from the State during the month
of June and the balance in a later budget. Mr. Strock added that Mr.
Carlton indicated within a very few days the State will go back to
the budget for additional funding for this project in the coming fis-
cal year. Also considerable work has been done in gathering infor-
mation for the Corps of Engineers for approval of their funding at
the end of the project.
Mr. Saunders questioned the City Manager as to the approval
required of Council concerning whether it should be for the initial
amount of sand or should it contain the additional suggested amount
of sand. The City Manager answered it would be best to approve the
award of the contract based on volume bids and additions can be made
to the contract as required based on a per unit cost as quoted by
the contractor. Mr. Strock affirmed this suggestion since the first
operation after the bid is awarded would be to take new field measure-
ments upon which the actual pay quantities will be based. He further
stated that when this information is completed, the City will be in
a position to actually comp~e the quantities that would finally be
required. Mr. Mariott stated again the other additional costs and
additional volume that might be required is brought to the attention
of the Council so they would be fully aware of the situation.
Mayor Scheifley asked Mr. Strock whether or not the unit
cost per cubic yard of sand should be reduced after the initial con-
tract had been awarded since the fixed expense of moving the equipment
to this area has been absorbed in the initial contract. Mr. Strock
replied the bid is set up with basically two items involved. One is
called mobilizations_and demobilization which covers all of this cost.
The second section has to do with the sand itself.
Mrs. Krivos asked the City Manager what would be involved
if the Company has a contract to be in another location at the end of
the pumping of the initial 1,100,000 cubic yards; could an extension
of their stay in Delray Beach be assured to pmmp the additional sand.
Mr. Strock answered that the contract was written with the specific
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provision that the City can determine either an increase or a decrease
in the quantities of sand which obligates the company to the contract
itself, and for what is necessary to complete the job. Mr. Strock
informed Council that the dredge which was used in Ft. Pierce and
Pompano will start the job (Buster Bean) and the Company is in the
process of developing a dredge called the Jim Bean which is larger
and designed to acclimate itself to the ocean environment and this
second dredge may complete the job.
Mr. Youngblood asked if the problems that occurred at Ft.
Pierce could possibly reoccur in Delray Beach. The City Manager
replied that the major problems that developed in Ft. Pierce revolved
around the submersible dredge that began the job. The company aban-
doned the use of the submersible dredge and completed the work with
the Buster Bean dredge which caused cessation of any operational
problems in Ft. Pierce.
Mayor Scheifley emphasiZed the importance of the subject
under discussion to be acted upon by Council and asked if any of the
public had any further questions. Someone from the audience asked
what happened if federal funds were not forthcoming. The City Manager
answered the City simply would not receive the funds. He also stated
the City could pay for the project if necessary, but every assurance
has been given that the funds will be forthcoming.
Mrs. Krivos asked to what the difference in the percentages
were attributable. The City Manager stated the difference was due
primarily to who was doing the computing and no one has any way of
knowing what the actual percentage will be. Mr. Mariott further
stated that maintenance funds will follow the same formula as the funds
for the initial project cost, i.e., if 5~/o federal funds and 25% state
funds are received for the initial project, maintenance proportions
would be in the same amounts.
Mayor Scheifley pointed out that there was no question that
some of the beach would be lost. He stated due to the weather and
other factors, it was hoped that no more than ~ would be lost, but
the possibility exists that up to 5~ could be lost through such
things as hurricanes, etc.
Mr. Dunbar spoke from the floor questioning the possible use
of carpeting and stone such as is being utilized in Holland. Mayor
Scheifley informed Mr. Dunbar that all the information on this type
of containment had been received and investigated and it is not used
to preserve beaches. Mr. Dunbar then pointed out the possible loss
of one-half of the beach in two years and the money involved. Mayor
Scheifley acknowledged that this was possible,-but it was the worst
situation that could occur. Mr. Dunbar had no suggestions to offer.
Mr. Schier asked if the lawn and trees would be restored
when the beach was completed. This was answered affirmatively by
Council.
Mr. Saunders moved that the contract be awarded to the C.
F. Bean, Inc. organization for the City's beach restoration job in
the contract amount of $1,608,000 City obligation with an option of
adding $50,000 to the contract for the oolite option for a total
contract amount of $1,658,000. Mr. Youngblood seconded the motion.
Mayor Scheifley asked if anyone in the audience had anything to offer
before the motion was voted upon. Mr. Mudge asked from the floor
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what scientific data was available to guarantee this project would
succeed. Mr. Mariott answered none. Mr. Strock assured the audience
and Council that the project is based on investigation, experience,
and a great deal of research. He also stated it has been done suc-
cessfully~.in other areas with records being kept on the maintenance
costs. Some of the areas have had overwhelming success while others
have been successful to a degree. Mr. Strock stated a~whole~ library
has been compiled on this subject and the wide disparity of percent-
ages depends on who is doing the computation. He answered Mr. Mudge's
question by stating a great deal of scientific data is available and
it has all been utilized. However, Mr. Strock affirmed Mr. Mariott's
answer as to a guarantee of success by saying there is none. Council
voted unanimously to pass Mr. Saunder's motion.
6.a. The City Manager reported a request has been received from
Mr. and Mrs. Joe Potts, Jr. that the City abandon the easterly 10
feet of the original dedication of right-of-way on the east side of
N.W. 7th Avenue beginning at N.W. 2nd Street and running southerly
135 feet. A drawing was projected to show the area involved. The
property is located in Block 11 of the City of Delray Beach. The
City Manager stated apparently some oversight had occurred in the
original transaction resulting in a portion of the residence being on
the right-of-way. He stated it would not harm the City in any way
to abandon the property and recommended such action. Mr. Youngblood
moved the City approve the abandonment of the East 10 feet of the
West 25 feet of the North 135 feet of Block 11. The motion was
seconded by Mrs. Krivos and passed unanimously.
6.b. The City Manager informed Council that the following bids
have been received for selling the City a tractor for use by the Parks
and Recreation Department:
Trail Ford Emery Tractor &
Tractor Equipment,. Inc.
One (1) Diesel Tractor $5,384.00 $3,817.51
Less: Trade in 1959 Ford
Tractor 2,389.00 350.00
NET COST $2,995.00 $3,467.51
The City Manager recommended acceptance of the low bid by Trail Ford
Tractor in the amount of $2,995.00. He further stated ample funds
are presently budgeted for the tractor. Mr. Weekes moved that the
low bid of Trail Ford Tractor be accepted, seconded by Mrs. Krivos
and passed unanimously.
6.c. City Manager Mariott stated an additional expenditure to the
S.E. 10th Street Sanitary Sewer Project No. 5964-3g-8g was incurred by
Hardrives, Inc. in the amount of $3,200. The location of the work
involved is at the S.E. 10th Street crossing of the FEC Railroad tracks.
The sewer line was installed in connection with the developer's agree-
ment with the City in the Lowson Boulevard area. After considerable
conversation between Russell and Axon, the City Engineering Depart-
ment and the County Engineering Department, it is recommended that
this additional billing by Hardrives, Inc. be approved. The cost will
be charged to the Sanitary Sewer Project. Mrs. Krivos moved that the
amount of $3,200 be paid to Hardrives, Inc., seconded by Mr. Saunders
and passed unanimously.
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7.a. The City Manager informed Council that Southern Bell has
requested the City to provide a utility easement for the purpose of
providing telephone service to the Stuart Arms project and to other
properties in the vicinity of Stuart Arms. A sketch was projected
for the benefit of Council showing the location near S.W. 4th Street
and S.W. 12th Avenue and being in Lots 18 and 25, Section 20-46-43.
The city Manager recommended granting the easement. Mr. Saunders
moved that the easement be granted, seconded by Mr. Youngblood and
passed unanimously.
7.b. The City Manager stated the First Bank and Trust of Boynton
Beach plans to build a new banking facility on the p~operty on each
side of S.E. 8th Street between the northbound and southbound lanes
of Federal Highway. The bank is requesting abandonment of S.E. 8th
Street at this location. The City Manager recommended that the
request be referred to the Planning and .Zoning Board for study and
recommendation. Mrs. Krivos so moved; Mr. Youngblood seconded the
motion which passed unanimously.
7.c. Mayor Scheifley acknowledged receipt of the minutes of
the April 4, 1973 meeting of the Beautification Committee.
7.d. The City Manager reported the Solicitation Committee has
recommended approval of the application of the Delray American Little
League for permission to solicit funds on April 28, 1973. This is
the same date scheduled for solicitation by the Delray Beach National
Little League which was approved by Council on March 26, 1973. The
Presidents of both Leagues have agreed to use the same date. All
requirements have been met and the City Manager recommended approval
by Council. Mr. Youngblood so moved, seconded by Mr. Weekes and
passed unanimously.
7.e. The City Manager reported the Solicitation Committee has
recommended approval of the application of the Palm Beach County
Chapter of the Leukemia Society of America, Inc. for permission to
solicit funds from April 30th through May 12th, 1973. This organiza-
tion has not solicited funds since 1967 in the City of Delray Beach.
All requirements have been met, and the City Manager recommended
approval. Mr. Youngblood moved to approve the solicitation by the
Palm Beach chapter of the Leukemia Society, seconded by Mr. Saunders.
Mrs. Krivos brought up the subject of the many requests for solicita-
tions outside of the scope of the Community Chest. She questioned
the possibility of adopting some method to eliminate the constant
soliciting of these organizations. Mr. Schier spoke from the floor
questioning whether or not these organizations had approached the
Community Chest or the United Fund to become a part of these united
groups. Mr. Saunders answered that the Leukemia Society did not want
to become a part of any group of organizations. He pointed out to
Mr. Schier that Council does not automatically agree to allow anyone
to solicit funds. There is an ordinance in the City stating if an
organization desires to solicit funds, they must meet certain stand-
ards and show the disbursement of their funds for such things as
administration, research, etc. They also must publish a pie-shaped
chart in the newspaper which has kept some organizations from re-
questing solicitation. Mr. Saunders also stated the Community Chest
has perhaps the lowest overhead of any organization in the country
due to the volunteer help utilized. He further stated when an organi-
zation presents its request, if the amount of money designated for
administration is over a certain percentage, the request is denied.
Mayor Scheifley expressed reservations about the Leukemia Society
although he acknowledged it is a worthy cause. He pointed out the
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administration expenses of the Leukemia Society are very high - 35%.
Mr. Saunders said there was discussion about lowering the percentage
in the ordinance since the limit is 35%; however, this Society does
fall into the limits of the ordinance as it is presently worded. Mr.
Weekes suggested the people of Delray Beach refuse to give other than
to the Community Chest which would eventually force the other organi-
zations to join. It was suggested that the ordinance be reviewed
and possibly re.written to lower the percentage to be applied to
administration. The motion to grant the request by the Leukemia
Society was passed unanimously.
7. f. The City Manager stated the City had received a petition
from Mr. and Mrs. Nick Dan to annex Lots 6, 7, 8, 9, 10, 11 and west
one-half of Lot 12, Block 25, Del-Raton Park, less the west 38 feet
of Lots 6, 7, 8, and 9 for right-of-way of State Road No. 5 (South
Federal). The annexation request is subject to Specialized Commercial
Zoning. The p=operty is, at present, in the County and zoned
Commercial. The City Manager recommended that the application be
referred to the Planning and Zoning Board for study and recommendation.
Mrs. Krivos moved the annexation request be referred to the Planning
and Zoning Board for study and recommendation, seconded by Mr.
Saunders and passed unanimously.
8.a. The City Manager presented Resolution No. 19-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, COMMENDING ARNOLD
RAMOS, DISTRICT MANAGER IN FORT LAUDERDALE
FOR THE DEPARTMENT OF TRANSPORTATION.
(Copy of Resolution No. 19-73 is attached to the official
copy of these minutes.)
Mr. Weekes moved for the adoption of Resolution No. 19-73,
seconded by Mr. Youngblood and passed unanimously.
8.b. The City Manager presented Ordinance No. 9-73.
AN ORDINANCE OF THE CITY OF DELRA¥ BEACH, FLORIDA
ENACTING A NEW ORDINANCE PERTAINING TO THE REMOVAL
OF CERTAIN TREES ON DESIGNATED PARCELS OF REAL
PROPERTY WITHIN THE CITY OF DELRAY BEACH; SETTING
FORTH THE PROPERTIES TO WHICH THE TERMS AND PRO-
VISIONS OF THIS ORDINANCE SHALL APPLY AND THE
REQUIREMENTS AND PROCEDURES FOR OBTAINING A PER-
MIT FOR REMOVAL OF TREES ON SAID PROPERTIES;
PROVIDING FOR THE RELOCATION OR REPLACEMENT OF
TREES WHERE CONSTRUCTION NECESSITATES THEIR RE-
MOVAL; SETTING FORTH CERTAIN PRECAUTIONARY PROCE-
DURES FOR PROTECTING AND PRESERVING TREES ON
PROPERTIES DURING CONSTRUCTION OF IMPROVEMENTS
THEREON; SPECIFICALLY EXEMPTING CERTAIN SPECIES
OF TREES FROM THE TERMS AND PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR THE APPEAL OF THE DECISION
OF THE CHIEF BUILDING OFFIC/AL TO THE BOARD OF
ADJUSTMENT CONCERNING THE ENFORCEMENT AND INTERPRE-
TATION OF THE TERMS AND PROVISIONS OF THIS ORDIN-
ANCE; PROVIDING A PENALTY FOR FAILURE TO COMPLY
HEREWITH; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF.
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The City Manager informed Council that this was the last
draft of the Tree Preservation Ordinance. Mr. Saunders moved that
Ordinance No. 9-73 be placed on first reading, seconded by Mr.
Youngblood. Some discussion ensued concerning the exemption from
the terms and provisions of the Ordinance of trees on the property
of single family homes. Mr. Weekes questioned single family lots
on which homes are to be constructed. It was agreed that the term
"single family homes" would cover the intent of the Ordinance. The
motion was passed unanimously.
8.c. The City Manager presented Ordinance No. 10-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED IN LOT
11, SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43
EAST, 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.
The City Manager stated the property was located at approxi-
mately 1601 South Federal Highway being part of Lot 11, Section 21-46-
43. The applicant is requesting annexation subject to RM-20 zoning
which is recommended by the Planning and Zoning Board. Mr. Youngblood
moved that Ordinance No. 10-73 be placed on first reading, seconded
by Mr. Saunders 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 ........... $ 553,768.27
Water and Sewer Fund ....... 136,080.41
Special Assessment Fund ..... 55.15
Cigarette Tax Fund ........ 63,000.00
Utility Tax Fund ......... 35,000.00
Refundable Deposits Fund ..... 16,161.00
Improvement Trust Fund ...... 4,046.37
Beach Restoration Fund ...... 3,374.24
Federal Revenue Sharing Fund . . . 59,853.93
10.b. The City Manager presented Resolution No. 20-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, RESOLVING TO JOIN WITH
THE FLORIDA FEDERATION OF SAFETY ORGANIZATIONS
IN ENDORSING AND URGING PASSAGE OF CERTAIN
LEGISLATION STRENGTHENING DRIVER REQUIREMENTS
AND REQUIRING OTHER SAFETY PROCEDURES DURING THE
REGULAR 1973 SESSION OF THE FLORIDA LEGISLATURE.
(Copy of Resolution No. 20-73 is attached to the official
copy of these minutes.)
City Manager Mariott explained the purpose of this Resolu-
tion is to join with the Florida Federation of Safety Organizations
in endorsing certain procedures designed to improve highway safety
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and traffic safety. He pointed out that since Council was not
familiar with the safety points listed in the Resolution, any ques-
tion could be resolved in a workshop meeting. The primary purpose
is to stiffen driving requirements, procedures and regulations.
Mayor Scheifley asked if the resolution specifically asked the Legis-
lature to adopt such legislation. The City Manager replied affirma-
tively and added that the City of Delray Beach has been asked by the
Florida Federation of Safety Organizations to join with them in
lobbying with the Legislative Delegation for passage of legislation
designed to accomplish the goals set forth in this resolution. Mr.
Weekes expressed a reservation with Point No. 9 while agreeing with
the purpose of the resolution. Point No. 9 requires mandatory use
of available restraint systems. Mr. Weekes questioned how far govern-
ment should go in protecting people from their own folly; he indicated
he felt this was an infringement on his free choice. The Council
indicated their agreement with this exception and agreed to pass the
resolution with Item No. 9 being deleted. Mr. Weekes moved that
Resolution No. 20-73 be passed with the omission of Item No. 9. The
motion was seconded by Mrs. Krivos and passed unanimously.
10.c. The City Manager presented Resolution No. 21-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING THE ESTA-
BLISHMENT OF A SPECIAL PROJECT BANK ACCOUNT
FOR FINANCING THE CONSTRUCTION COSTS OF THE
RESTORATION OF 2.7 MILES OF THE SHORE LINE OF
THE CITY OF DELRAY BEACH PURSUANT TO THE
REQUIREMENTS OF THE DEPARTMENT OF NATURAL
RESOURCES OF THE STATE OF FLORIDA.
(Copy of Resolution No. 21-73 is attached to the official
copy of these minutes. )
The City Manager stated this Resolution was prepared
following a conversation with Mr. Bill Carlton of the Division of
Beaches and Shores. Mr. Carlton asked that the Resolution be adopted
and forwarded to him as quickly as possible and the City Manager
said he would hand deliver it to Mr. Carlton the next day. The City
has already established a Special Project Bank Account for the beach
restoration project and this Resolution merely informs the Department
of Natural Resources officially that this has been done. Mr. Saunders
moved for the passage of Resolution No. 21-73, seconded by Mr. Young-
blood and passed unanimously.
10.d. The City Manager reported the recent auction for the 1929
LaFrance Fire Truck had received only one bid of $10.00. He reported
the auction had been advertised in several antique car publications,
newspapers and notices. As a result of the newspaper articles which
appeared after the auction, several offers have been received in
excess of $1,000.00. The City Manager recommended that Council pass
a motion rejecting the $10.00 bid received at the auction and authorize
the readvertising of the truck for auction at a later date. The City
Manager indicated the parties who had called would be contacted by
mail to invite them to attend the next auction to bid on the Fire
Truck. Mr. Weekes moved that Council reject the $10.00 bid offered
and readvertise the Fire Truck. Mrs. Krivos seconded the motion
which passed unanimously.
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4-24-73
10.e. The City t. Ianager reminded Council that a workshop meeting
would be held on f4onday, Al3ril 30, 1973, at 7:00 P.M. in the City
Hal.l, the primary purpose of which is to receive the recommendations
of the League of Women Voters on the City's election system.
The meeting adjourned at 9:25 P.M.
City Clerk
ATTEST:
-11-
4-24-73
88
88A
RESOLUTION NO. 19-73.
A RESOLUTION OF Tt~ CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA,' COMMEAUDING ARNOLD
RAMOS, DISTRICT MANAGER IN FORT LAUDERDALE
FOR THE DEPARTS~NT OF TRANSPORTATION.
WHEREAS, Arnold Ramos has unselfishly given of his time
and ability for the past five years in serving the Fort Lauder-
dale District Department of Transportation, and in particular,
Delray Beach~ and
WIIEREAS, because of Arnold Ramos' efforts and ability,
Route A1A has been preserved along the beach in Delray Beach;
and
WHEREAS, Arnold Ramos has been available at frequent
times to keep the citizens of Delray Beach informed by 'addressing
City Council, and other civic and interested groups in the city,
relative to Department of Transportation programs; and
~%IEREAS, Arnold Ramos through untiring effort has, by
working through local administrative groups, very nearly final-
ized the arrangements so that 1-95 can be completed through
Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, that:
Arnold Ramos be, and he is hereby, commended for his
interest shown in the problems and help in solving those problems
in Delray Beach as District Engineer, Fort Lauderdale District
of the Department of Transportation.
PASSED AND ADOPTED on the 24th day of April, 1973.
·
ATTEST:
t,
City
88b
RESOLUTION NO. 20-73.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, RESOLVING
TO JOIN WITH THE FLORIDA FEDERATION OF
SAFETY ORGANIZATIONS IN' ENDORSING AND
URGING PASSAGE OF CERTAIN LEGISLATION
STRENGTHENING DRIVER REQUIREMENTS AND RE-
QUIRING OTHER SAFETY PROCEDURES DURING
THE REGULAR 1973 SESSION OF THE FLORIDA
LEGISLATURE.
WHEREAS, an all-time high of more than 57,000 Americans died
in traffic crashes in the United States during 1972; and
WHEREAS, an all-time high of almost 2,500 people died in
traffic crashes in Florida during 1972; and
WHEREAS, the phenominal growth of motor vehicle ownership
and use in the State suggests that our economic loss in Florida,
from traffic accidents alone, will soon approach an unprecedented
one billion dollars per year; and
WHEREAS, drunk drivers continue to cause a sickeningly dis-
proportior~ate percentage of thc fatal and serious injury accidents;
and
W~EREAS, a continuing increase in the use of two wheeled
vehicles, both motorized and human-powered, is accompanied by an
alarming increase in death and injury among our children an~ young
adults; and
WHEREAS, our official programs for accident prevention are
so obviously inadequate to meet this rapidly growing challenge; and
WHEREAS, we wish to cooperate with the Florida Federation of
Safety Organizations and other responsible agencies which share our
concern,
NOW, THEREFORE, BE IT RESOLVED that after careful study the
City Council of the City of Delray Beach joins with the Florida
Federation of o6afety Organizations in endorsing and urging passage
of legislation during the regular 1973 session of the Florida
Legislature to provide:
1. Classified driver licensing to require that appli-
cants demonstrate ability to operate a vehicle of
each type or class he or she wishes to be licensed to
drive.
2. Strengthened periodic driver re-exam~'nation 'to
include measuring the applicant's recognition of new
highway signs and markings, his understanding of
defensive driving tactics, and to review his past
driving record; each to be scored se%nuents of the
re-examination.
88c
3. Mandatory chemical testing for alcohol of all
deceased drivers, and surviving drivers involved
in accidents with fatal or serious injury to some-
one else; and provision for pre-arrest breath
testing of any suspected drinking driver upon
police officer request.
4. Require adequate environmental safety standards
for safe operation of bicycles within two mile
radius of all public schools.
5. Mandatory reporting of judicial disposition of
all movin9- hazardous violations within ten days to
the Department of Highway Safety and Motor Vehicles.
6. Provide authority for a medical review board
for the administration of driver licenses.
7. Require counties to employ engineers for-high-
way safety design, construction and maintenence.
8. Increase requirements for ambulance driver/attend-
and and require both to be in the ambulance.
9. Require reflective warning decals on the side of
railway cars to' make them 'visible at night.
PASSED AND ADOPTED in reqular session this 24th day of
April, 1973.
MAYOR
ATTEST:
II
I
i , , i i I i r' "~ iii .......
88d
RESOLUTION NO. 21-73.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DE~RAY BEACH, FLORIDA, APPROVING
THE ESTABLIS~X.~NT OF A SPECIAL PROJECT
BA~K ACCOUNT FOR FINANCING THE CONSTRUC-
TION COSTS OF THE RESTOPgTION OF 2.7 MILES
OF THE SHORE LiNE OF TP~E CiTY OF DELRAY
BEACH PURSUANT TO TI{E REQUIREmeNTS OF TI-~
DEPART~NT OF NATUR~L RESOURCES OF THE
STATE OF FLORIDA.
WHEREAS, the City of Delray Beach has entered into an agree-
ment with the Department of Natural Resources of the State of
Florida for restoration of its beach; 'and
?~IEREAS, the Department of Natural Resources has been re-
quested to participate in the funding of a beach restoration
project for the 2.7 mile shoreline of Delray Beach; and
WHEREAS, the City of Delray Beach has established a special
project bank account and placed therein all funds currently
allocated for project construction consisting of the proceeds of
a $2,000,000 bond issue; and
~STEREAS, all expenditures made from the special project bank
account shall be'approved by the City Council of the City of
Delray Beach,
NOW, T}~REFORE, BE IT RESOLVED BY T~ CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That a Special Project Bank Account has been established
for all funds allocated for project construction pursuant to the
terms ~nd conditions of the contract dated February 12, 1973 between
the City of Delray Beach and the Department of Natural Resources
of the State of Florida.
PASSED A~ND ADOPTED in regular session this 24th day of April,
1973.
ATTE ST:
IIIIII J