Loading...
01-11-71 JANUARY 1!, 1971. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at 7:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngblood being present. 1. The Lord's Prayer was repeated by everyone. 2. The Pledge of Allegiance to the Flag o.f the United States of America was given. 3. The revised minutes of the Organizational Meeting of January 4, 1971, were unanimously approved, on motion by Mrs. Martin and seconded by Mr. Youngblood. 4. The City Clerk read the following letter from Mr. Abe L. Shapiro, President of Lake Delray Apartments, dated January 7, 1971: "In my opinion, the. mayor and council of the City of Delray Beach has done such an outstanding job during the last two years that I have been involved in Delray Beach, that I thought it fitting and proper to make my fee 1 ings known. Every issue and decision that I mn aware of has been made with complete sincerity, absolute integrity, and in the most capable manner possible. It is completely obvious that every action taken by the mayor and council has been with the good of the City of Delray Beach as the first consideration. I am sure that the citizens of Delray Beach are aware and appreciate the job you good people are doing. May I wish you all continued success." 5. Mrs. Martin suggested that Adonidia Palm Trees be taken from the City Nursery to replace the trees in front of Bati-Service, 1145 E. Atlantic Avenue and Littlefield & Wolforth, Inc., 1053 E. Atlantic Avenue. Mayor Saunders also suggested replacing the same tree at the Post Office Shopping Center. 5. Mrs. Martin asked if the City Manager would write a letter of complaint to Price & Lee Company regarding the poor workmanship of the new City Directory. 5. Mr. Weekes thanked Mr. Scheifley and the Palm Beach County Municipal League for inviting Council to the League meeting held at Belle Glade, Friday, January 8, 1971, and said it was a pleasure getting to meet with the officials from the other Municipalities in the County. 5. Mr. Youngblood reported that he had been approached by several home owners and residents in the western sector of town regarding breaking and entering of homes, and asked if something could be done about it. Said complaint was referred to the City Manager and the Police Department. 5. Regarding the time of holding regular Council meetings, Mayor Saunders reported that he had received several requests that the time be changed from 7:00 P.M. to 7:30 P.M. Mr. Scheifley moved that the Council meeting time be changed from 7:00 P.M. to 7:30 P.M., on the second and fourth Mondays of each month, the motion being seconded by Mr. Youngblood and unanimously carried. -1- 1-11-71 6.a. · Mr. John W. Ray, !,oc~l Manager of thc. Plorid~a Power & Light Corn- ' pany, presented the City with a check in the amount of $124,904.00, covering the Franchise Tax pa}~,ent to the City of Delray Beach for the year ending December 4, 1970, showing an increase of 10% over the previ- ous year. When the following items, 7.c., 6.b. and 6.d., regarding "Certifi- cates of Public Convenience and Necessity" were brought before Council for consideration, Mrs. Martin left the Council Room and did not take part in the discussion or action. 7.c. The City Manager reported that a request has been received from Mr. S. W. Martin of Delray Beach for transfer of a "Certificate of Public Convenience and Necessity" now held by.Mr. Chester P. Grant, operating under the names of Delray Acme Taxi and Delray Beach Taxi, for operation of six taxicabs within the City; further, in accordance with Section 26-9 of the City's Code of Ordinances, Council may either grant or deny said application. Mr. Martin, the applicant, and his Attorney, James W. Nowlin, Jr., were present to answer any questions asked by Council. After discussion, Mr. Weekes moved to grant said transfer, as re- quested, the motion being seconded by Mr. Scheifley and unanimously car- ried. 6.b. & 6.d. Regarding the applications for "Certificates of Public Con- venience and Necessity" from Yellow Cab Company of West Palm Beach to operate four taxicabs, and Eagle Cab Company of Boca Raton to operate three taxicabs in Delray Beach, the City Manager reported that a Public Hearing has been scheduled for tonight on both applications. During the Public Hearing, Mr. Harry Miller, President of Yellow Cab Company, informed Council of his taxi operation in communities North of Delray Beach and of his experience in the taxi business and as a Taxicab Consultant. He said that his reason for applying for a Certificate for taxicab operation in Delray Beach is that he receives many calls from Delray Beach for taxi service, also, that he would be willing to accept a Certificate for two taxicabs rather than four, if Council would grant s ~11l e. During discussion and questions by Council, Mr. Martin said he plans to maintain four taxis for calls only in the Delray Beach area and would add another car, or two, for airport transportation. Mr. Joseph Benedetto of Eagle Cab Company of Boca Raton informed Council that his reason for applying for a Certificate for taxicab opera- tion in Delray Beach was that he receives numerous calls from Delray Beach for taxicab service. Mr. Mark O'Neal and Mr. Raymond Blakely, holders of Taxicab Certif- icates in Delray Beach, informed Council that they believe, with improv- ed service from the Delray Acme Taxi and Delray Beach Taxi under new ownership, the existing Certificates for operation of 15 taxicabs would be sufficient to give Delray Beach residents good taxi service. Attorney Nowlin reported that he had made a telephone survey of the neighboring communities today, said survey showing that Boynton Beach has seven taxicabs in operation; Lake Worth, 12; Boca Raton, 11; and ; Deerfield Beach has six. After lengthy discussion, Mr. Youngblood moved to continue to op- erate with the present taxis of Delray Beach, with the upgrading of Delray Acme Taxi and Delray Beach Taxi, and to deny the other applica- tions until further consideration. The motion was seconded by Mr. Weekes and unanimously carried. 6.c. The City Manager reported that the City has been informed by the Fire Underwriters that the new Fire Station No. 3 must have fire hydrant .protection. He said that after considering several alternate methods of providing for this protection, it is reconunended that Council authorize installation of a 6" water line from the existing line at Southridge Road and S. W. 4th Avenue to S. W. 12th Street, then West on S. W. 12th Street to the Fire Station site, the estimated cost of said installation being $10,125 and that funds to cover cost of same are available in the Water and Sewer Contingency Account. -2- 1-11-71 ~[r. Scheifley moved to grnnt authorization to install a 6" water line, as r~commended, and that funds to cover cost of same'be taken from the Water and Sewer Contingency Account. The motion was second- ed by Mr. Youngblood and unanimously carried. 6.e. The City Manager reported that the following bids were opened on December 23, 1970, for ten vehicles for four City Departments: BIDDER BIDDER Rich Motors, Inc. Adams Chevrolet Alt. 1 Alt. 2 Parks & Recreation ½ Ton Pickup $ 2,363.73 $ 2,499.39 $ 2,303.50 3/4 Ton Pickup 3,123.95 3,038.95 3,361.66 Fire 3/4 Ton Pickup 3,714.51 4,148.78 3,416.39 Public Works 3/4 Ton Pickup 2,675.83 2,891.21 2,628.83 3/4 Ton Pickup 3,365.89 3,693.37 3,238.76 (4-wheel drive) 5 CY Dump Truck 6,944.30 7,214.90 No Bid 2 Truck Chassis 10,591.80 11,860.00 No Bid (Dump Bodies) Water & Sewer ½ Ton Pickup 2,263.73 2,399.39 2,093.50 3/4 Ton Pickup 3,954.03 3,717.60 4,035.29 (Utility Body) Further, that Delray Datsun, Inc., submitted bids on a few of the vehicles, which bids are not listed in the foregoing tabulation because they are so far away from meeting the City's specifications. He recommended that authorization be given to purchase the vehicle for which the low bid was submitted in all cases, the low bids being underlined in the foregoing tabulation. He also reported that the total of the bids for the ten vehicles is $37,973.63 and is within $373.63 of the $37,600. budgeted, and there would be no problem making up the very slight deficiency from other appropriation accounts. Following a question, the City Manager informed Council of the delivery dates quoted by the low bidders on the various pieces of equipment. Mr. Youngblood moved to accept the low bids, as listed, the motion being seconded by Mrs. Martin. In regard to quotations on a van-type truck for the Water and Sewer Department, the City Manager reported that bids were not received on same, and after reviewing the Charter provisions regarding purchasing, the administration will proceed to negotiate for the purchase of said vehicle and if same can be purchased for a sum not exceeding ten per- cent in addition to the $3,200 that is budgeted, the aclministration may proceed and will proceed with the purchase of said vehicle. How- ever, if the administration is unable to purchase the vehicle under those conditions, the item will be brought back to Council with a recommendation, after taking bids at a future date. -3- 1-1].-71 7.a. City Mana.ger Mariott informed Council that on November 18, 1966, Mr. John B. Ambrose posted a cash bond of $12,000 with the City, which bond and accompanying agreement, authorized by Council on November 14, 1966, assured the construction of sidewalks on the North and South sides of Poinsettia Boulevard in Sudan Subdivision, as well as ths. t portion of Davis Road lying within the Subdivision, and that the last one-year extension on said agreement was granted by the City Council on January 26, 1970. He said that a request has been received from Mr. Ambrose for an additional one-year extension on said agreement, and in view of Mr. Ambrose's past cooperation and other conditions of the original agree- ment having been completed, particularly, construction of Davis Road, it is recommended that said request be granted, with the one-year ex- tension beginning on November 18, 1970. Said extension was unanimously granted, as recommended, on motion by Mr. Scheifley and seconded by Mr. Weekes. 7.b. Council was informed by the City Manager that a request has been received from Mrs. Rose G. Arkin for abandonment of that portion of Dixie Boulevard lying within the following described property: Lots 27 through 31, Block 1; Lots 6 through 27, Block 17; North Half of Avenue D, and alleys, as shown in Del-Raton Park Subdivision Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. Further, similar abandonment of portions of Dixie Boulevard was granted by Council on December 8, 1969, on the Jerry Earl Pontiac prop- erty, and on September 22, 1969, in its acceptance of the Plat of GM'S ACRES. He said that such abandonment of Dixie Boulevard, at the request of abutting properties, has previously been approved by the City's Planning and Zoning Board, the Palm Beach County Conumission, the County Engineer and the County's Right-of-Way Agent SUBJECT to dedication for right-of-way purposes of the West 76 feet of all lots adjacent to the east side of Dixie Highway in order to provide a right-of-way of 106 feet for the future widening of that street and Council may either grant or deny said request or refer same to the Planning and Zoning Board for study and recommendation. Said request was unanimously referred to the Planning and Zoning Board for study and recommendation, on motion by Mr. Youngblood and seconded by Mrs. Martin. 7.d. The City Manager reported that a request has been received from Mr. Richard A. Fischer, through Attorney John Ross Adams, Authorized Agent, for annexation of his property kno~ as the Sea Aire Villas, 1715 South Ocean Boulevard, and lying in Section 21-46-43. He said the request is contingent upon RM-1A zoning, such being the classification of the area to the North extending approximately 1,200 feet and including the City's South Beach property, and the City provid- ing a sewer connection at such time it is deemed necessary to connect to the City's sanitary sewer system. Further, that Council may either grant said request and place Ordinance No. 1-71 on first reading or refer same to the Planning and Zoning Board for study and recommendation. Mr. Scheifley moved to refer the request for annexation to the Plan- ning and Zoning Board for further study and recommendation. Col. Theodore Poole, Planning and Zoning Board Chairman, informed Council that since this is improved property and surrounded by RM-1 Zoning, .nothing could be contributed from the Planning and Zonzng Board's view- po int. Mr. Scheifley withdrew his motion, in view of Mr. Poole's co]mments. Mr. Scheifley questioned the application of an interim service fee in regard to improved properties that are annexed during the year and asked that this be placed on the agenda for the next workshop meeting. After general discussion, the following Ordinance was unanimously placed on f'irst reading, on motion by Mr. Weekes and seconded by Mr. Youngblood. ORDINANCE NO. i-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ALRJEXING TO T~E CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 8.a. City Manager Mariott presented RESOLUTION NO. 2-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE NAVY DEPARTMENT OF THE UNITED STATES DEPARTMENT OF DEFENSE TO RETAINING AUTEC HEADQUARTERS IN WEST PALM BEACH, FLORIDA. (Copy of Resolution No. 2-71 is attached to the official copy of these minutes.) Resolution No. 2-71 was unanimously passed and adopted on this first and final reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.b. The City Manager reported that Ordinance No. 15-70, providing for annexation of a tract of land located at 2901-2915 West Atlantic Avenue with an RM-1 zoning classification, was placed on first reading on May 11, 1970. Following required advertisement, it was presented to the Council on second reading at the regular meeting of May 25 and a public hearing was held with no one appearing to be heard. Further, that the Ordinance was then tabled for a period of three months, and on August 25, 1970, it was tabled until the first of January, 1971. Following discussion, Ordinance No. 15-70 was unanimously tabled again for three months, on motion by Mr. Scheifley and seconded by Mr. Weekes. 8.c. City Manager Mariott presented ORDINANCE NO. 46-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE EXEMPTION OF CHURCHES IN PAYMENT OF THE CITY'S UTILITY TAX. (Copy of Ordinance No. 46-70 is attached to the official copy of these minutes.) ~ A Public Hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and there being no objection to Ordinance No. 46-70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 9.a. At the regular meeting of December 28, 1970, Mr. Everett Palmatier, President of the Beach Property Owners' Association, asked if the City could take any action to have the concrete pilings removed from 250 South Ocean Boulevard under the City's nuisance ordinance and said request was referred to the City Attorney for a report. -5- 1-11-71 He reported that the nu3. s~ce ordinance is predicated on the health of the community, concerned with weeds, breeding Of mosquitoes and other insects ~n~ that the pilings can not be removed under said Ordinance. 9.b. The City Manager reported that at the regular meeting of December 14, 1970, Council referred to the Planning and Zoning Board a petition from the residents of N. W. 22nd Court requesting that the street n~e be changed to Lake Eden Way. Further, following discussion of said request by the Board at its regular meeting of January 5, 1971, Mr. Jacobson moved that the request be granted. The motion failed by a ~ote of 3 to 4. He also reported that this afternoon the County Engineer's office was asked what their records showed as to the name of said street,, and it was reported that they considered it to be N. W. 2nd Avenue from N. W. 22nd Street to the said cul-de-sac. N. W. 2nd Avenue and the Street known in the City as N. W. 22nd Court lying within Lake Eden Subdivision, Plat No. 1, were unanimously named Lake Eden Way, on motion by Mr. Weekes and seconded by Mr. Scheifley. 9.c. The City Manager reported that at the December 14 regular meeting, Council referred to the Planning and Zoning Board a request from Mr. Roger Zona, Regional Director of Bari-Service, a French firm, for annex- ation of a 275-acre tract of land in Section 12-46-43 located East of Barwick Road and in the general vicinity of Lake Ida Road. R-iA zoning classification was requested to develop this land as a low density, single family residential subdivision with conditional use areas to include a park, golf course, and other recreational facil- ities, as well as a neighborhood convenience center. Further, the Board considered said petition at its January 5 reg- ular meeting, and as a result, unanimously recommend that Council grant approval of said annexation with R-IA z ning and not to include any conditional uses, as requested. He said if Council wishes to grant said request, it will be neces- sary to annex a portion of Lake Ida Road in order that the 275-acre tract will be contiguous to the City Limits and that Ordinance No. 2-71 providing for same, and Ordinance No. 3-71 providing for the annexation of the 275-acre tract of land in Section 12-46-42 have been prepared. After general discussion, Ordinance No. 2-71 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Youngb !ood. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PORTION OF LAKE IDA ROAD. Ordinance No. 3-71 was then unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 12, TOWNSHIP 46 SOUTH, P~ANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNIC- IPAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LANDS; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. X. Mayor Saunders introd~ced Mr. James Lynch, Director of Industrial Relations, of the Reeves Instrument Company. 10.a. Mrs. Dorothea Montgomery and Mr. Kenneth Ellingsworth co~unented on the new, unsatisfactory City Directory. 10.b. The City Manager reported that a petition has been received from -6- 1.-!1-71 Reeves Instrument Company requesting 'the privilege of continuing to use for approximately 6 to 8 months a mobile trailer now located at the Sherwood Shopping Center, which is presently being used as a office and workshop. He said Council may deny said request or refer same to the Planning and Zoning Board for a Public Hearing and recommendation. Said request was unanimously referred to the Planning and Zoning Board, on motion by Mrs. Martin and seconded by Mr. Youngblood. 10.c. The following Bills were unanimously approved for payment, on motion by Mr. Weekes and seconded by Mr. Youngblood. General Fund $227,906.61 Water Operating & Maintenance Fund 9,469.47 Cigarette Tax Fund 10,047,72 Utilities Tax Revenue Fund 5,440.00 Mrs. Martin questioned paying Bill No. 7599 to Price & Lee Company for the City Directories and it was decided that the City Manager's letter of complaint to that company, requested under Items by Council- men, should accompany the payment. The meeting adjourned at 8:55 P.M. HALLIE E. YATES City Clerk APPROVED: MAYOR 14 -A RESOLUTION NO. 2-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE NAVY DEPARTMENT OF THE UNITED STATES DEPARTMENT OF DEFENSE TO RETAIN AUTEC HEADQUARTERS IN WEST PALM BEACH, FLORIDA. WHEREAS, the City Council is advised plans for the removal of AUTEC Headquarters from West Palm Beach, Florida, to a loca- tion outside of Palm Beach County, Florida, are presently under consideration by the United States Navy Department, and WHEREAS, the removal of AUTEC Headquarters from the area would have a detrimental economic impact on the West Palm Beach area, as a result of loss of salaries paid by AUTEC to residents of the area together with the loss of purchases of materials and services in the area by AUTEC, and WHEREAS, any time an industry is removed from an area the social and economic stability of the community is affected as families of the employees of such industries are uprooted from participation in community, school and religious affairs, and local retail businesses are immediately affected thereby, NOW, THEREF©RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. The Department of the Navy of the United States Defense Department be and it is hereby urged to retain AUTEC Headquarters in West Palm Beach, Florida. Section 2. The City Manager be and he is authorized and directed to immediately forward a certified copy of this Resolu- tion to the Secretary of the Navy Department of the United States Defense Department, the United States Senators representing the State of Florida, together with the United States Senator Elect, Congressman Paul G. Rogers, and to the Mayors of all of the com- munities in Palm Beach County, Florida, urging said communities to take a similar action as this City Council, and to such other Governmental Agencies as the City Manager may deem advisable. PASSED AND ADOPTED this the llth day of January, 1971. /S/ J. L. Saunders MAYOR ATTEST: /S/ Hallie E. Yates City Clerk AN O~;~) TM ' 'x"~' ~,_ ~z~:,~}.'] OF Tin:] Ci'("Y COUNCII~ PR OV i])1 NO F ()P~ T ] i ])] t:JX] ~]X l P'PI ON OF CNURCIA]'2S IN .',~.~ '~r, Lx I OF Ifil'] CITY'S U'iqJ~IT Y TAX. WttNR. EAS, the State of Florida has repealed P.S. 167.,i32 which exempted churches from pasment of utility tax, and WHEt~EAS, the City Council deems it appropriate to continue such exemption onthe churches located in Delray Beach, Florida; NOW, TH>3RIEFORE, BE IT ORJDi~NE]) BY THE CITY COUNCIL OF THE CITY OF DELI~AY BEACH, FLOI%IDA, AS FOLLOWS: SECTION 1. That Chapter 24, Article I of the Code of Ordinances of Delray Deach~ Florida, be amended by adding the fo~owing section: "Sec. 24-4.1 EXEMPTION OF CHURCHES ~1 recog:~zed churches of the State of Florida are hereby exempt from the payment of any u%ility trax imposed by Article I of Chapter 24 of this code on church property used exchsively for churchpurposes. Passed in regular session on this second and final reading on this llth day of January , 1971. /S/ J. L. Saunders MAYOR AT~i E~ T: /S/ Hallie E. Yates City Clerk First Reading~ December 28, 1970 Second Reading__jan auar~ 11, 1971