06-11-73 JUNE 11, 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 Monday, June 11, 1973, with Mayor James H. Scheifley presiding,
City Manager J. Eldon Mariott, Acting City Attorney John Ross Adams,
and Council members Grace S. Krivos, J. L. Saunders, Leon Mo Weekes
and O. F. Youngblood present.
1. The Lord's Prayer was recited in unison.
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 29, 1973 were
unanimously approved on motion by Mrs. Krivos and Seconded by Mr.
You ngb lood.
4.a. Mrs. Krivos asked if the City Manager could inform Council
as to the dates the City would begin spraying operations to control
mosquitoes and gnats. The City Manager replied this operation would
begin shortly.
4.b. Mayor Scheifley welcomed Mr. John Ross Adams, Acting City
Attorney, to the meeting.
6.a. The City Manager reported the term of Mr.. Simon C. Barnes
as a member of the Delray Beach Housing Authority expires on July
14, 1973. Mayor Scheifley stated he had spoken wi.th Mr. Barnes who
had shown a great interest in continuing on the Authority. Mr.
Youngblood moved that Council reappoint Mr. Simon C. Barnes as a
member of the Delray Beach Housing Authority with the four year term
of appointment to expire July 14, 1977. Mr. Saunders seconded the
motion which passed Hnanimously.
6.b. City Manager Mariott stated that pursuant to previous
Council authorization, the City recently submitted to auction certain
city surplus merchandise. He recommended Council authorize sale of
the items for the prices bid as follows:
3 Girls' bicycles- $9, $2 and $1 · $12,00
2 Boys'.bicycles - $1 each 2~00
1 Norelco tape recorder (damaged) 5.00
Mr. Weekes stated he would like to see all surplus merchandise such
as bicycles placed under cover in storage. while waiting for a City
sale. Mr. Weekes moved th~. City authorize the sale of the bicycles
and the tape recorder at the prices bid, seconded by Mr. Saunders and
passed unanimously.
Mayor Scheifley asked Mr. Adams whether or not an ordinance
could be passed whereby items priced under $50 could be sold adminis-
tratively without coming L~fore Council. Mr. Adams replied it could
possibly be done, but would require a review of the Charter. Mr.
Adams suggested the City Manager check with the 'City Attorney on this
matter.
6.c. The City Manager recommended that Council authorize by
motion the transfer of $8,000 from the General Fund Contingency
Account to the Finance Department budget to pay the salary of addi-
tional personnel, for the purchase of equipmen~ and for the remodeling
of the Cashier's Cage. Mr. Saunders ascertained this was in lieu of
Revenue Sharing. Council agreed at workshop that it was preferable
to use budget allocations for these 'expenditures rather than utilize
the Federal Revenue Sharing Funds. Mr. Youngblood moved the transfer
of $8,000 from the General Fund Contingency Account for additional
personnel, additional equipment and remodeling the Cashier's Cage,
seconded by Mr. Saunders. Mrs. Krivos expressed her opposition to
hiring additional personnel when the City has a City Treasurer who
is perfectly capable of handling the functions of Assistant Finance
Director. Mrs. Krivos voted No. Messrs. Saunders, Weekes and Young-~
blood and Mayor Scheifley voted Yes. The motion was carried by a
4 to 1 vote.
6.d. The City Manager reported the following bids have been
received for the installation of a sprinkler system at the beach
parking lot now under construction on South A1A:
Bidder Amount
National Sprinklers & Wells, Inc. $2,792.75.
Rohrbaugh Sprinkler Service 3,070.14
Kilpatrick Lawn Sprinklers, Inc. 5,247.00
~ity Manager Mariott recommended that the contract be awarded
to the low bidder, National Sprinkler and Wells, Inc., in the amount
of $2,792.75. He presented a resolution that had been prepared for
this purpose, and stated the funds would come from %he General Revenue
Sharing Funds as allocated by Council in February.
RESOLUTION NO. 29-73.
A RESOLUTION OF THE CITY COUNCIL OF THE.CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY
CONTRACT FOR FURNISHING AND~INSTALLINGA
SPRINKLING SYSTEM IN PROPOSED NEW PARKING LOT.
Resolution No. 29-73 passed unanimously on motion by. Mr. Weekes and
seconded by Mrs. Krivos.
(Copy of Resolution No. 29-73 is attached to the official copy of
these minutes.)
6.eo The City Manager reminded Council of its authorization of
submission of a request for grant funds in the amount of $7,748.00
which is half the cost of 24 walkie-talkie units needed for use by
the Police Department. He recommended that Council au'thorize transfer
of $7,750.00 from the General Fund Contingency Account to the Police
Department budget to fund the City's share of the cost of the 24
walkie-talkie units. Mrs. Krivos moved the transfer of $7,750.00
from the General Fund Contingency Account to the Police Department,
stating this was an enormously helpful action toward the safety of
the police and the commun.ity. Mr. Saunders seconded the motion
which passed unanimously.
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6-11-73
6.f. The City Manager stated it was recommended that authoriza-
tion be given to the transfer of $56,745.00 from the Water and Sewer
Fund Contingency Account to the Water and Sewer Debt Service Account
for payment of interest on the $5,000,000 Water and. Sewer Revenue
Bond Issue. This amount will pay the accrued interest from December
1, 1972 to the delivery date of the bonds. Mr. Saunders moved the
transfer of the funds as specified, seconded by Mr. Youngblood and
passed unanimously.
6.g. The City Manager stated Mr. Jack Pitts had ·requested the
use of the Civic Center by the Delray Beach Kiwanis Club· from
February 21st through 24th, 1974 for the purpose of°holding an
antique show. City Manager Mariott recommended Council authorize the
use of the Civic Center for this purpose. Mr. Saunders so moved,
seconded by Mr. Youngblood and passed unanimously.
6.h. The City Manager recommended that Council approve' execution
of an agreement with Himes and Himes, Certified Public .AcCountants,
for performing the City's audit for the two fiscal years ending in
1973 and 1974 in the amount of $8,200 per year, representing an in-
crease of $600 per year over the two preceding years. City Manager
Mariott stated he felt the increase was warranted in view of present
inflation and the increasing number of city accounts. Mr. Saunders
so moved; Mr. Youngblood seconded the motion which passed unanimously.
6.i. The city Manager recommended that Council authorize by
motion the final payment to Intercounty Construction Corporation, the
company that constructed the city's new water trea. tment plant, in the
amount of $92,806.37 and approve an extension of the contract.comple-
tion date with a waiver of liquidated damages from. June 16, 1972 to
October 13, 1972 and the taking of all other necessary actions for
the implementation of same. The extension is requested due to a
series of actions totally beyond the control of the contractor; i.e.,
lack of scheduled arrival of material and equipment, and certain
union strikes that o~curred in this period. Mr. Weekes asked Mr.
Adams if an agreement to Waive th.e penalty in this instance would
set a precedent for the future. Mr. Adams replied no; this.would apply
only to the present contract. Mr. Saunders moved for the payment of
the bill, the extension of the contract dates and a waiver of any
penalty involved, and for taking all other n.ece'ssary actions in regard
to the contract. Mr. Youngblood seconded the motion which passed
unan imou sly.
7.a. The City Manager stated a request has been.received from
R. P. McTeague, Robert S. Bacon and Eugene Fleischer for a zoning
change from RM-15 to LI (Ligh.t Industrial) on Lots 13 through 27,
Block 1, Section A; Lots 4 through 22, Block 2, Section A; Lots 1
through 21, Block 1, Section B; Lots 4 through 21, Block 2, Section B;
and Lots 25 through 27, Block 2, Section A, Delray Beach He. ights Ex-
tension, said property lying between s.W. 15th Avenue and 17th Avenue
and between S.W. 8th Street and 10th Street. The City Manager
recommended the application be referred to the Planning and Zoning
Board for study and recommendation. Mr. Youngblood so moved, seconded
by Mr. Saunders and passed unanimously.
7.b. The City Manager stated a request has been received from
Messrs. J. Wallace Crawford, Raymond C. Schrader and John W. Spinner
that the zoning on Lots 28 through 32 inclusive, and Lots 36 through
44 inclusive in Del Harbour Subdivision on Del Haven 'Drive west of State
Highway A1A be changed from R-1AA to RM-15. It is recommended this
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6-11-73
request be referred to the Planning and Zoning Board for study and
recommendation. Mr. Weekes so moved, seconded by Mr. Youngblood and
passed unanimously.
7.c. The City Manager presented Ordinance No. 14-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITM OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 61, LAKE
SHORE ESTATES, WHICH lAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITM; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDII~G FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
City Manager Mariott stated the owners have petitioned the
City for annexation of this property which is in one of the pockets
in the City with the surrounding land being zoned R-1AA. Mrs. Krivos
asked if an annexation of this type would be allowed sewer hook-up
despite the present moratorium. The City Manager stated at the
present time the question could not be answered with any degree of
certainty. Mrs. Krivos moved that Ordinance No. 14-73 be placed on
first reading, seconded by Mr. Weekes ~nd passed unanimously.
8.a. The city Manager presented Resolution No. 28-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE
OF AN AUTOMOBILE.
(Copy of Resolution No. 28-73 is attached to the official copy of
these minutes. )
City Manager Mariott recommended passage of Resolution No.
28-73 which provides for the transfer of '$2700 from the Public Works
budget to the budget of the City Manager to cover the .expense of
purchasing an automobile for the City Manager's office. Mr. Young-
blood moved for the adoption of Resolution No. 28-73, seconded by Mr.
Weekes and passed unanimously.
8.b. The City Manager presented Ordinance No. 5-73.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 29-5,
CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDI-
NANCES PERTAINING TO BUILDING HEIGHTS AND SETBACKS
IN THE RM-10 ZONING DISTRICT.
City Manager Mariott explained that during conversations
with the City Attorney, the City Attorney had recommended the
following: That the passage of two ordinances be approved to clarify
the differences between 'RM-10 and RM-15 zoning regulations. The City
Attorney recommended that Ordinance No. 5-73 be passed on second and
final reading. The primary reason for this method of procedure is
that Ordinance No. 5-73 has been appropriately and legally advertised
and has to do with RM-10 zone only. Ordinance No. 17-73 will cover
the maximum number of floors and will deal with RM-15 zone only.
Ordinance No. 17-73 is recommended to be placed on first 'reading.
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6-11-73
112
Ordinance No. 5-73 was unanimously passed on second and final reading
on motion by Mr. Saunders and seconded by Mr. Weekes.
The City Manager presented Ordinance No. 17-73.
AN ORDINANCE OF T}~ CITY COUNCIL OF T}IE CITY OF
DELRA¥ BEACH, FLORIDA, AMENDING SUBSECTION. 29-5,
CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDI-
NANCES PERTAINING TO BUILDING HEIGHTS AND SETBACKS
IN THE RM-15 ZONING DISTRICT.
Ordinance No. 17-73 was unanimously placed on first, reading on motion
by Mr. Weekes and seconded by Mr. Youngblood.
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Youngblood and seconded by Mrs. Krivos.
General Fund ............ ~ $411,893.67
Water and Sewer Fund ......... 823,079.68
Cigarette Tax Fund .......... 4,158.47
Utility Tax Fund , ........... 33,745.00
Refundable Deposits Fund ....... 4,999.00
Improvement Trust Fund ........ 6,313o21
Beach Restoration Fund ...... · . . 9,480~00
Lowson Blvd. W&S Project Fund .... 6,.875.26
10.b.1. The City Manager stated it was recommended that Council
adopt a motion engaging Mr. Robert Chapin as Special Counsel for the
City in the Kern-Baldwin suit and that he advise the City of its
rights, obligations and liabilities arising from the suit. M~s. Krivos
moved the City emplcy Mr. Chopin to represent the City to'advise
Council of liabilities and alternatives, etc., concerning James Kern
vs. Baldwin and the City of Delray Beach. The motion was seconded by
Mr° Youngblood and passed unanimously.
.10.b.2. The City Manager presented Ordinance No. 15-73.
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY~ OF
DELRA¥ BEACH, FLORIDA, ANA!EXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LYING IN THE SOUTH,,rEST
QUARTER OF SECTION 12, TO~fNSHIP· 46 SOUTH, RANGE
42 EAST, WHICH LA,IDS ARE CONTIGUOUS TO EXISTING
MUNICIPAL LII~'~ITS OF SAID CITY; REDEFINING THE
BOIINDAR~ES OF SAID CITY TO INCLUDE SAID LA~\rD;
PROVIDING FOR TftE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
The City Manager explained that Irving Sussman, through his
agent John H. Adams, has requested annexation of two parcels of land;
the parcel represented in Ordinance No. 15-73 is approximately 71
acres with P~'I-10 zoning requested and the parcel represented in Ordi-
nance No. 16-73 is .approximately 51 acres with RM'15 zoning requested.
The Planning and Zoning Board recommended denial of the original
applications. After Council discussion at a workshop meeting, it
infolnnally agreed to annex both properties subject to RM-10 zoning
with the northern piece (71 acres) being contingent upon a letter
being provided to the City stating that the maximum development would
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6-11-73
113
not be more than 6 units per acre, that the Unity of Title would be
filed and that the letter would state the applicant's willingness to
apply for R5~-6 zoning should the City later create a RM-6 zone. The
one remaining item to be completed is the satisfaction of the Lake
Worth Drainage District release. Mr. John Adams has stated this is
in order. Ordinance No. 15-73 was unanimously placed on first reading
on motion by Mr. Saunders and seconded by Mrs. Krivos.
The City Manager presented Ordinance No. 16-73.
AN ORDI~ANCE OF TI-~E CITY COUNCIL OF THE~ C'ITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CiTY
OF DELRAY BEACH CERTAIN LAAOS LYING IN THE NORTH-
WEST QUARTER OF SECTION 13, TO~NSHIP 46 SOU~/H,
RANGE 42 EAST, W~tICH LALqDS ARE CONTIGUOUS TO
EXISTING ~UI~ICIPAL LIMITS OF SAID CITY; REDEFINI!.?G'
THE BOL~qDARIES OF SAID CITY TO INCLUDE SAID
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; A_N~ PROV/DING FOR TTIE ZONING THEREOF.
Ordinance No. 16-73 was unanimously placed on first reading on motion
by Mr. Weekes and seconded by Mr. Saunders.
10.b. 3. The City Manager thanked Council for the new car provided
for the City Manager's office.
10.b.4. Mayor Scheifley stated the beach project was progressing
on schedule and announced the dredge had arrived in West Palm Beach.
10.b.5. Mr. Robert Chapin announced on behalf of the Chamber of
Commerce that a coffee would be held Thursday, June 14, sponsored
· by the Citizen's Advisory Committee on Beach Restoration at the
Spanish River Inn to which all members of Council are invited. A
dedication ceremony is being planned for September or October which
will be attended by .the Governor, Senators, Congressmen, etc.
10.b.6. Mr. Saunders stated he had contacted both Mr. J. L. Love
and Mr. LeRoy Croft, members of the Delray Beach Downtewn Development
Authority, concerning the expiration of their terms. Both men have
agreed to serve another three year term ending ~July 1,· 1976. Mr.
Saunders moved that both men be appointed for another three year term,
seconded by Mr. Youngblood and passed unanimously.
The meetin~ was adjourned at 8:30 P.M.
· . City Cle~
APPROVED:
MAYOR
l13A
RESOLUTION NO. 28-73.
A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF
DELRAY BEAC~t, FLORIDA, AUTHORIZING THE PURCHASE
OF AN AUTOMOBILE.
WHEREAS, the City Council has received a recommendation from
the City Manager that an automobile be purchased for use by the
City Manager's office; and
.WHEREAS, ample funds for such purchase exist in the budget of
the Public Works Department that are not needed by that department
due to the prior purchase of vehicles and equipment for the Public
Works Department at less than the budgeted amounts; and
WHEREAS, the following quotations (net'price after trade-in)
have been secured for the purchase of an automobile: Earl Wallace
Ford,' $2995.00; Jack Nicklaus Pontiac, Inc., $2990.00; Dan Burns
Oldsmobile, $3245.30; King Motor Company, $2700.00; and
WHEREAS, the City Council deems it in the best interest of
the City to purchase said automobile,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That authorization is hereby granted for the purchase of an
automobile for the net price (after trade-in) of $2700.00 from King
Motor Company, the low bidder, as permitted by the Charter and the
Code of Ordinances of this City, with funds for said purchase to
be transferred from the Public Works budget to the budget of the
office of the City Manager.
'PASSED AND ADOPTED in regular session on this llth day of
June, 1973.
ATTEST:
City Clerk
l13B
RESOLUTION NO. 29-73.
A RESOLUTION OF Tt~ CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY
CONTRACT FOR FURNISHING AA~ INSTALLING A
SPRINKLING SYSTEM IN PROPOSED NEW PARKING LOT.
W~IEREAS, it is the recommendation of the City Manager that the
Council, acting by authority of provisions in Section 78 of the
City's Charter, award a contract for furnishing and installing a
sprinkling system in accordance with plans furnished by the City for
the proposed parking lot between A-1-A and Gleason Street north of
Coconut Road as shown on Drawings for Job No. 5-321-73, Sheets 2 and
3; and
WHEREAS, the low bidder for the above stated work is National
Sprinklers and Wells, Inc., in the lump-sum amount of $2,792.75; and
WHEREAS, time is of the essence in accomplishing this work; 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
That said contract for furnishing and installing a sprinkler
system be awarded to the low bidder, National Sprinklers and Wells,
Inc., for $2,792.75.
PASSED AL~ ADOPTED in regular session on this the llth day of
June, 1973.
ATTEST:
City Clerk //