11-26-73 NOVEMBER 26~ 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, November 26, 1973, with Mayor James H. Scheifley presiding,
City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and
Council members Grace S. Krivos, Leon M. Weekes and O. F. Youngblood
present. Mr. J. L. Saunders was absent.
1. The opening prayer was delivered by Dr. Frederic Bush of
St. Paul's Episcopal 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 Council meeting of November 13,
1973, and the special meeting of November 21, 1973, were unanimously
approved on motion by Mrs. Krivos and seconded by Mr. Weekes.
4.a. Mrs. Krivos asked that everyone in the City of Delray Beach
place Mr. Jack Saunders on their prayer list.
4.b. Mayor Scheifley introduced Mr. David Randolph and Mrs. Grace
Krivos as candidates for Council in the coming General Election, and
his opponent, Mr. Glenn Campbell, as candidate for Mayor.
4.c. Mayor Scheifley asked Coach Carney Wilder, Coach of Atlantic
High School Football Team, to come before Council to accept a Resolu-
tion of the City.
RESOLUTION NO. 56-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH COMMENDING THE ATLANTIC HIGH
SCHOOL FOOTBALL TEAM KNOWN AS THE "EAGLES"
FOR ITS CONTRIBUTION TO THE COMMUNITY.
(Copy of Resolution No. 56-73 is attached to the official
copy of these minutes.)
Mr. Youngblood moved that Resolution No. 56-73 be approved,
seconded by Mr. Weekes. Upon roll call, Council voted as follows:
Mrs. Krivos - Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor
Scheifley - Yes. MaYOr Scheifley then read the Resolution commending
the Atlantic High School Football Team for its contribution to the
community. Mayor Scheifley asked the members of the Eagles football
team and coaching staff to stand and be recognized. Mayor Scheifley
then presented a copy of the Resolution to Coach Wilder. Coach Wilder
thanked Council and the City of Delray Beach for their support and
introduced his coaching staff. Mr. Weekes announced Atlantic High
School would play their first game in the playoffs against Plantation
High School at Atlantic Field on Friday, November 30, 1973, at 8:00 P.M.
4.d. Mayor Scheifley read a Proclamation calling for Tuesday,
December 4, 1973, to be legally declared as General Election day in
the City of Delray Beach, Florida, for the election of two members
for the City Council and for the office of Mayor. Mayor Scheifley
stated only 2~ of the qualified electors voted in the Primary Election
and expressed his hope that at least 5~ would vote in the General
Election.
5.a. Mrs. Sarah Murphy, 1007 Ingraham Avenue, Delray Beach, read
the following petition which she said had been signed by 192 residents
of various parts of the City:
"PETITION AGAINST TRASH COLLECTION PROPOSAL"
As taxpaying citizens of this city of Delray Beach,
we wish to express our disapproval of City Manager Eldon
Mariott's proposal for a revision in the trash collection.
If this new plan is adopted, we will find the beauty
and orderliness of our city marred by unsightly piles of
cuttings, branches, and old discarded junk in vacant lots--
not simply because some people will refuse to pay extra
to have this refuse collected, but because of the large
fixed income population and struggling families who have
all they can possibly do to make ends meet and feel their
present charges for trash collection are quite sufficient:"
Mayor Scheifley stated Council is not aware of any change in
the trash collection system, and that no such program has been dis-
cussed by the City Council. City Manager Mariott stated that he was
aware of such a petition and felt that whoever devised the petition
was very ill-advised and premature. He stated because of this and false
rumors being circulated, he had issued a press release on the subject.
He further stated the City's current budget for this fiscal year is
based on a change in the trash collection program that will save the
city approximately $100,000 per year initially and more than that as
time progresses and will result in a cleaner city. There is no change
9roposed, contemplated or even thought.~fwith regard to the garbage
collection program contrary to many rumors. The City plans to continue
picking up garbage wherever the householder wishes to place it. There
is no plan for requiring garbage to be placed at the curb. The Budget
simply provides for trash being picked up twice a week at the same time
the garbage is picked up instead of being picked up as it is now - once
every two to three weeks. This will result in a savings to taxpayers
and in a cleaner city.
Mrs. Grace Olson, 801 S.E. 3rd Avenue, Delray Beach, stated
an article in the Delray Beach News Journal outlined the plan and gave
instructions on how to package the trash. Mayor Scheifley stated that
during a political campaign, stories circulate that are exaggerated or
untrue.
5.b. Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach, spoke from
the floor as a citizen rather than as a candidate. He stated that he
would continue to be active in community affairs and would strive for
honesty and integrity in the City of Delray Beach. He stated he felt
the present Council met these qualifications, but that he had encounter-
ed people in his campaign who had complaints concerning the present
Council. He said there is an urgent need and desire, especially by
the City employees, to have Council take more active participation in
a communicative role. He said the members of the Police and Fire De-
partment are afraid to speak out. He further stated the people are
afraid to go out in Delray Beach because of the deterioration of the
law and order in the City. Mr. Sanson stated the prostitution and
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11-26-73
and drug dealing in the City are being run by outside influences and
stated he had names of people who were from Miami and New York who
were involved. He urged communication and cooperation with the Police.
He then stated several of the candidates had not accurately expressed
their feelings and plans, and he felt that the citizens would recognize
this. He said the intentions of the people involved will destroy the
sections west of the City. He suggested Council utilize all avenues
which could contribute to better planning of land west of the City.
He urged recreational facilities for the young people and help to guide
them. He expressed the desire for the whole town to come together and
work as a unit. Finally, he endorsed Mrs. Krivos and Mr. David Randolph
as the candidates who would sincerely attempt to make Delray Beach a
better city.
Mrs. Krivos commended Mr. Sanson for offering his thoughts and
congratulated him for being the youngest elected member of the Board
of Trustees for the School of St. Andrews.
5.c. Mr. Sherwood Jones, 601 N.W. llth Street, Delray Beach, spoke
from the floor claiming two flagrant violations by the ABC Towing
Company of Delray Beach. The two persons involved were present. Mr.
Jones stated he had nothing to gain except the persons involved relied
upon his honesty and background. He represented Mr. James Moore who
had been involved in an accident. Mr. Moore's automobile was towed by
ABC Towing Company and when Mr. Moore attempted to remove from the
trunk and glove compartment of his car his personal belongings, ABC
Towing refused to allow him to do so. This bill was $51.00 for towing
and Mr. Moore was told he could have his personal items after the bill
was paid. Mr. Jones checked with several other towing services and
the bills for towing ranged from $15 to $24 for the same service. Mr.
and Mrs. Wiley Grice were present and Mr. Jones stated they had been
involved in an accident and their car was towed in by ABC Towing.
Their bill was $54.00 and again, no one was allowed near the car in
question. Mr. Jones stated ABC Towing should not be used by the Police
Department or any other group for towing purposes. Mayor Scheifley
stated Council could not act upon this problem, but the City Manager
and the Police Chief could take some action and would thoroughly in-
vestigate the matter. The City Manager stated he would check into the
matter.
6.a. City Manager Mariott recommended Council consider changing
the second Council meeting date in December from December 24th, Christ-
mas Eve, to December 26th, the Wednesday after Christmas. Mr. Young-
blood moved Wednesday, December 26th, be set for the second Council
meeting in December, seconded by Mr. Weekes, said motion passing unani-
mously.
6.b. The City Manager stated the City, in conjunction with the
Palm Beach County School Board, has operated a community school program
in Delray Beach for some time. It is recommended that Council approve
the formal execution of the agreements for the 1972-73 and 1973-74
fiscal years. Mr. Weekes moved authorization be granted the proper
parties to execute the agreements with the Palm Beach County School
Board for the fiscal years 1972-73 and 1973-74, seconded by Mrs. Krivos,
said motion passing unanimously.
(Copy of Agreements with the Palm Beach County School Board
are attached to the official copy of these minutes.)
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11-26-73
6.c. The City Manager stated a special meeting for canvassing
the results of the December 4th municipal General Election returns
should be set by Council, suggesting December 5th, 6th or 7th at
12:15 P.M. Mr. Weekes moved the special meeting be held at 12:15 P.M.
on Wednesday, December 5th, 1973, seconded by Mr. Youngblood, said
motion passing unanimously.
7.a. Mayor Scheifley acknowledged receipt of the Beautification
Committee for the meeting held on November 7, 1973.
7.b. The City Manager reported the City is in receipt of an appli-
cation for rezoning of a tract of land in the Southwest quarter of
Section 21-46-43 at the Southwest corner of Southeast 10th Street and
Southbound U.S. Highway No. 1 from RM-15 Multiple Family Residence to
SC Specialized Commercial. The applicant is Mr. Paul Gonnelli. It
is recommended the request be referred to the Planning and Zoning
Board for study and recommendation. Mr. Youngblood so moved, seconded
by Mrs. Krivos, said motion passing unanimously.
8.a. The City Manager presented Resolution No. 55-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE PRESIDENT
OF THE UNITED STATES IN HIS PROGRAM CONCERNING
THE ENERGY CRISIS.
(Copy of Resolution No. 55-73 is attached to the official
copy of these minutes.)
Mr. Youngblood moved for the passage of Resolution No. 55-73,
seconded by Mr. Weekes. Mrs. Krivos asked what specific steps are
being taken to help enforce the President's request for conservation
of energy. The City Manager replied following the President's first
nationwide speech, he had appointed a task force of city employees
to make recommendations to him. He stated he studied the recommenda-
tions and had formulated policies relating to the energy crisis and
these recommendations would be given to the press. He further stated
any other items Council would care to consider would be added to the
list of methods of conserving energy. The copy of the plan formulated
by the Administration in effect at present was read to the public.
Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes-
Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes.
(Copy of the policy formulated by the City pertaining to the
energy crisis is attached to the official copy of these minutes.)
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Youngblood and seconded by Mr. Weekes.
General Fund ............. $476,535.69
Water and Sewer Fund ......... 391,631.44
Cigarette Tax Fund ........ 12,725.00
Utility Tax Fund .......... 22,817.50
Improvement Trust Fund ....... 534.00
10.b.1. Mayor Scheifley stated he had received from Mr. David H.
Bludworth, State Attorney, an analysis of the Sunshine Law. The con-
tent of the report covers practical situations and guidelines for
compliance with the Sunshine Law, i.e., phone calls, meetings, etc.
Mayor Scheifley stated he felt it was an excellent analysis and each
Council member and Administrative official should have a copy of it.
He turned it over to the City Manager for distribution.
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11-26-73
10.b.2. City Manager Mariott stated he had received a communication
from the City's Solicitation CommJ. tLee recommending ap?royal of the
Lion's Club request to solicit funds duriug the period from December
3 through 8, 1973, to ~id in sight conservation. 5%rs. Krivos moved
to sustain t]~e Solicitation Committee's recommendation for approval,
seconded by Mr. Weekes, said motion passing unan'imously.
10.b.3. The City Manager presented Ordinance No. 41-73.
AN O~INANCE OF THE CI~f COUNCIL OF ~E CI~ OF
DE~Y BEACH, FLORIDA, A~EXING TO ~{E CI~ OF
DELt~Y BEACH Cm~,TAL~ ~I'~S, NA~.~LY LOTS ~ 5, 6
7, 8, 9, 13, 14, 15, 16 A~ 17, TOGE~ER ~ITH
~E ABAI~ONED ALLEY LYING ~ ~'
BE~,EEN LOTS 4 ~ROUGH
8 AI~ LOTS 13 TI~.OUGH 17 A~ T}~ ~r"~ST t-DALF OF
SAID ALLEY LYI~[G ADJACEiqT TO LOT 9, BLOCK 5, SOPH~
PREY' SUBDIVf~..O;~, ~'~ICH LAi,~S A~E CONTIGUOUS TO
EXISTING ~uT,~'r c TuA Li~dITS
~, ........... L OF SAID CI~; REDEFI?fING
THE BOU~ARIES OF SA~ CI~f TO ~'~n~m~,.~.,~ SAID
PROV~ii~'[G POR Tb~ ~,IGLTS ~=k~ OBLIGATIONS OF SAID
~I~S; AiCD PROV~I~[G FOR 'FHE ZONI~[G THE~OF.
City Manager Mariott stated he had received a request from the
Elba Investment Corporation for annexation of a tract of land on the
west side of Palm Trail north of Northeast 8th Street. Approval of
this annexation has been recommended by the Planning and Zoning Board
subject to RM-15 zoning. Mr. Weekes moved the adoption of Ordinance
No. 41-73 on first reading, seconded by Mr. Youngblood. Upon ro!l
call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes;
Mr, You~gb!ood - Yes: M~yor Schaif!ey - Yes.
.10_.bm.~ Mayor Scheifley stated he understands a notice will be sent
to Council as a reminder of the date of the special meeting to be
held at i2:].5 P.M. on Wednesday, December 5, 1973.
10.b.5. Mr. ??eekes stated communication had been received from t~e
Dada County League of Cities which is being supported by the Palm Beach
County Municipal League to pass a Resolution to gain an income tax
deduction for municipal utilities taxes. He asked for Council's
opinion on such action. He further stated he felt this tax should be
deduchible from the Federal Income Tax just as any other tax is. Mayor
Schi. efley ascertained this was one of the ten resolutions passed
the annual Florida League of Cities meeting. City Manager Mariott
stated he felt a Resolution should be passed by Council in accord with
the resolution passed by the Florida League of Cities. The City
Attorney was requested to prepare such a Resolution for the December
10th regular meeting.
The meeting was adjourned at 8:38 P.M.
,. ~
~2 PRO~D: City Clerk
MAYOR
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11-26-75
20lA
RESOLUTION NO. 56-73.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH CO~ENDING
THE ATLANTIC HIGIt SCIIOOL FOOTBALL
TEAM tq~OWN AS ~tE "EAGLES" FOR ITS
CONTRIBUTION TO THE CO~;~NITY. ~
~{EREAS, the Atlantic High School Football Team,
known as the "Eagles", has recently completed its regu-
lar 1973 football schedule; and
?~q{EREAS, the successful season has resulted in the
"Eagles" being ranked 3rd in the State in the AAA class;
and
WHEREAS, the successful season has resulted in the
"Eagles" being crowned Champion of the Western Division
of the Suncoast Conference, with a 10-0 record; and
WHEREAS, the "Eagles" have won the right to repre-
sent District 7, Class A~A in the state playoffs; and
W~'~ the City Counc~'~ ~ ~be City of De!ray
Beach, Florida, wishes to express its pride and appreci-
ation to the "Eagles" for their outstanding achievements
and. the honors, which they have receive~ under the able
guidance of Coach Carney Wilder and his staff,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach, Florida;
That the ].973 Atlantic High School EAGLES are hereby
co~nended for their enviable records achieved in the Divi-
sion, the Conference and the State of Florida as a result
of their outstanding performances which the City of De!ray
Beach wishes to single out and recognize as an outstanding
contribution to the spirit of this coramunity.
Passed and adopted this 26th day of November, 1973.
ATTEST:
City Clerk/'
--. 20lB
A G R E E M E N T
THE SCHOOL BOARD OF PALM BEACIt COUN2~Z and the CI2~f OF
DELRAY BEACH, on the day of , 19
do hereby agree:
1. To cooperative].y operate a Conununity School Program
in the schools located within Delray Beach city limits and
Pine Grove School ~nd Atlantic High School which are abutting
and/or surrounded by Delray Beach.
2, The program x, zilt commence on the 1st day of October,
1972, and continue to September 30, 1973. Notice of renewal,
modification or c~ncellation of this agreement will be made
ah least thirty (30) days prior to the expiration ~a%e.
3. The City sbsl! contribute to the Board annually the
sum of four thousand dollars which shall be Considered as a
contribution towards cont~r~ct~ ~lmry of ~,,~,, Sc~l ~ .....
dinator. T1De first payment to be.made on or about the !st day
of October, 1972, and. subsequent payment on that same date every
year thereafter for the length of this cooperative agreement.
4. The city and Board will each make available certain
funds and/or in-kind contributions fcr the securing of supplies,
equipment and part-time help as needed. The ~ity's participation
in t~e combination of funds and in-kind contributions will be a
minimum of four thousand dollars.
5. The City may develop further plans and funding, depen-
dent upon program needs for Capital Improvement Facilities. All
such efforts will be cooperatively planned with the School Plant
ul~nning Department and subject to approval by the Board prior
tO 'co~itment.
6. The School Board of Palm Be~ch County will mnke nv~il-
able those school facilities necessary to meet the progr~m needs.
These fncilities will be made availnble ~fter the conclusion of
the rcgulnr~ school program e~ch day.
201C
7. The Community School Coordinator will remain an
employee of the School Board of Palm Beach County and responsi-
ble to the Principle of the School.
8. The city of De!ray Beach and the School Board of
Palm Beach County enter into this agreement to cooperatively
develop a community program using the public school facilities.
Any legal documents, determined necessary by the attorneys of the
respective parties shall be attached to and become a part of the
agreement.
'. THE SCilOOL BOAiED O? PAl2.[ BEACtt COUNTY
Joseph M. C~_=oll,
Superintendent of Schools
THE SCflOOL
i t~L:.~ B.~ACH COUNTY
Arthur ti. Bou~ae, Chairman
/
//James ~. Scnez'fic'f, Mayor
City of BOoth, Florida
/,
Delray
tlalie Yates, City Clerk
Approved as to form
Robert Fellows, City Attorney
City of Delray Beach, Flo]:ida
201D
What is a Co~unity School?
It is a regular public school during the daytime. But, its
doors are open to the public in the afternoon and evening.
It serves regular school children from 8:00a.m. to 3:00p.m.
and it serves everyone in the co~ununity from 3:00 p.m. to
10:00 p.m.
It is a center for informal education, recreation, social and
leisure tJ_me activi.ties, clubs and civic groups in the evenings.
What is its purpose?
To serve the people of the community with educational and
recreational ~- ' ' ' '
aC~iV1EAeS .
To make e. vail~b!e the School's facilities to a greater por-
tion of the genera], public.
To stimulate more co~?._~]unity involvement, to generate com~nunity
leadership, to encoura%'e more people to participate
mum it}, living.
201E
A G~, ~ E E ~.! E N T
THE SCttOOL BOARD OF PA~.! B~o~CH COO%,~%"~' and the CITer OF
DEl/WAY B}DACH, on the day of , 19
do hereby agree:
1. To cooperatively operate a Community School Program
in the schools located within Delray Beach city limits and
Pine Grove School and ~'-~ ~
At_.~n~_c High School which are abutting
and/or surrounded by Delray Beach.
2. The program will com~mence on the 1st day of October,
1973, and continue to Septem2oer 30, 1974. Notice of renewal,
modzfzcau_on or cance!latzon of this agreement will be made
at least thirty (30) days prior to the expiratioh date.
3. The City shall contribute to the Board annually the
sum of four thousand dollars which shall be considered as a
contribution towards contract salary of Com~.munity School Coor-
dinator. The first payment to be made on or about the 1st day
of October, 1973, and subse?aent payment on that same date every
year thereafter for the length of this cooperative agreement.
4. The City and Board wilt each m~ke available certain
funds and/or in-kind contributions for the securing of supplies,
equipment and part-time help as needed. The City's participation
in the con~bination of funds and in-kind contributions will be ~
minimum of four thousand dollars.
5. The City m~y develop further plans and funding, depen-
dent upon program needs for Capital Improvement Facilities. All
such efforts will be cooperatively planned with the School Plant
alarming Department and subject to approval by the Board prior
%o conunihnent.
6. The School Board of Palm Beach County will make avail-'
able those school faci!itics necessary to meet the program needs.
These facilities will be made available after the conclusion of
the rcgu].ar school program each day.
201F
7. The Co:~n~unity School Coordinator will ramuin an
employee of the School Board of Palm Beach County and responsi-
ble ko the Principle of the School.
8. The City of Delray Beach a'nd the School 'Board of
Palm Beach County enter into this agreement to cooperatively
develop ~ community program using the public school facilities.
Any legal documents determined necessary by the attorneys of the
respective parties shall be attached to and become a part of the
agreement.
TIIE SCI-fOOL BOARD OF PA!2,Z BEAC~t COUriTer ~
Joseph I-I. Carroll,
Superintendent of Schools
R'i-IE SCi!OOL BOARD OF PAIf.i DiLACH COU~[2~~
Arthur t!o Bougae, Chairmnn
I !/ . f ,.
.~i~'~ e s t-t Scheifle~ ~avor
ty of Delray Beach, Florida
~Z~ST~ ,, ~...iL_ -' ., ~.,...'~
U
Approved as to form
..... ~ _ ~ ~.,
,elto ,-s city nttorney
ci%y of Delray Beach, Florida
201G
POST OR CIRCULATE
ME MOP~EN DUM
TO: Department Heads
FROM: City Manager
SUBJECT: Energy Conservation
DATE: November 26, 1973
In recognition of the National energy crisis it is in-
structed that the following be adhered to as the City administration,s
cooperative participation in the conservation of energy:
1. City Vehicles
a. Are to be used only when essential.
b. Are not to be driven faster than 50 miles per hour
except in' police pursuit ~ other emergency -' .......
c. Are not to be left idling for extended periods of time.
d. Are to be used for joint use and for multi-purpose trips
when feasible.
e. Are to be maintained in good mechanical condition to
minimize fuel consmnption.
f. Before each Platoon change in the Police Department,
the practice of the squad car on duty picking up the
........... ~oo~=~ Patrol Zone, will be
re-instituted, (Personnel living out ot the Patrol
Zone will not be picked up, but will be encouraged to
form car pools).
2. City Buildings are
a. Not be excessively cooled or excessively heated
(Goal: Air conditioning 75 degrees minimum; Heat
68 degrees maximttm) .
b. To initially be inspected inumediately and then
~[al tenance
periodically by the Building ~, 'n Division of
the Public Works Department to assure compliance with
a. above; to make sure that buildings are not deficient
in areas tb~.t would make compliance with a. above diffi-
cult; and to monitor doors, windows and other openings
that could have a negating effect on compliance.
201H
~4emorandum - Energy Conservation
Page 2
November 26, 1973
3. Lighting
a. Street lights are not to be added to the municipal
lighting system except for safety reasons.
b. Municipal lighting, other ~han street lights, in
buildings and other places is to be minimized con-
sistent with a reasonable limit for safety and
security purposes.
c. Christmas lighting for which the City is responsible
will be in accordance with whatever policy is estab-
lished by City Council. (Does not include private
lighting) .
4. Parades
a. Except for the upcoming December 7 Christmas Parade
that has already been arranged by the ChaTter of
Commerce, the City will eliminate or curtail par-
ticipation of City vehicles in future parades de-
pending upon the then existing ener~ conditions and
upon City Council determination.
5. City Sprinkling of green areas will be minimized to the
extent possible short of putting s~ne in jeopardy
from insects or lack of moisture.
(Additional landscaping and beautification as p%~lic
and private finances and effort permit are most de-
sirable, however, the addition of such that requires
sprinkling should be looked at on an individual basis
in the future until the probable outcome of the energy
crisis is known).
6. NichtS~ort Activities will ba re-scbedu!ed to minimize
night lighting. This will include all recreational
facilities normally~illuminated after dusk.
7. Energy Conservation
All City personnel, in all ways possible, will work
toward maximization of conservation of fuel, electricity
and water consistent with preservation of health and
201I
Memorandum - Energy Conservation
Page 3
Novenmber 26, 1973
the providing of an acce~table level of municipal
services.
// J. ELDON ~LA'RIOT'D
JEM: g ep
cc: Council
Press