01-26-70 A regular meeting of the City Council~of th~ City of Delray Beach
was held in the Council Chambers at 8:00 P.M., with Mayor J. L.
Saunders in the Chair, City Manager David M. Gatchel, City Attorney
G. RobertFellows and Council members Grace S-Martin, John L. Pitts,
III,:James H. Scheifley and O. F' YoUngblood being present.
1. An opening prayer was delivered by the Rev. Robert Klemm.
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 January 12, 1970,
were unanimously approved, on motion by Mr. Pitts and seconded by
Mr. Youngblood.
4. City Clerk worthing read the following letter from Representative
William Go James, dated January 19, 1970:
" '~I,..wish ~o"?ex~ress my congratula~ion~ to'you on hearing '
that you are attempting to cooperate with the City of Boca
Raton in the area of garbage disposal.
Although I am a strong advocate of municipal government,
as I firmly believe that you are in the best position to
meet the needs of your people, I do feel, however, if you
are going to be able to withstand the assault by the con-
solidationists, cooperation such as you are attempting will
be absolutely necessary.
With best wishes in' this venture,"
4. City Clerk Worthing read a letter from Mr, John W. Ray, Manager
of Florida Power & Light Company, dated january 12th, thanking the
City for its cooperation during the recent Florida Power & Light
Company strike, and assuring the City that with their full crew back
in action they ~ill continue their efforts to render prompt and effi-
cient service to the City.
5. Mrs. Martin reported she had been contacted by the owner of twelve
stores located on the northeast corner of the intersection of S.
1st Avenue with 2nd Street who asked if his small Dempster-Dumpster
container could be exchanged for a larger container, and that he had
said his insurance rates had gone up $500.00 due' to the fire hazard
caused by the collection of materials that ca,not be placed in the
Smaller container.
City Manager Gatchel said he would take care of that item tomorrow.
Mr. proposed annexation of a large tract
Pitts
mentioned
the
of
land south of West Atlantic Avenue and east of Military Trail that
Mr. James Ritterbusch had informed CounCil of recently and expressed
his hopes that the City would have a Planned Unit Development Ordinance
under which this land could be annexed.
Mr. Pitts said'the City is planning to hire a Planning Consultant
and the westward expansion is the first thing that will be considered~
but in the interest of having a Planned Unit Development Ordi~ance
ready for use, he suggested that the Planning and Zoning Boardbe asked
to work on such an Ordinance which COUld be coordinated with the Plar~e:
at a later date.
It was Council's desire that copies 'of the~.County*s Planned Unit
Development Ordinance be furnished to th~ planning and Zoning Board
members in order that they may proceed ~Owork on such an Ordinance
for the CitY.
5. Mr. Pitts referred to his report tO Council on December 8, 1969,
that Mr. J. L. patterson had informed~ him ~at Mr, James Hodges,~ a
representative from a major dredge c°mPany~'~rom Norfolk, Virginia, who
has done a lot of ocean dredging would be available~ at no cost to the
City, to give a presentation and complete picture of that operation.
He said Mr. Everett Palmatier isalS0'working on this item and knows
of a man experienced in ocean dreaging wh0 is now in Boca Raton, and
that he feels Council should spend as much time as possible in trying
to get organized on how to go aboDt the Sand nourishment of the beach.
Mayor Saunders asked that City Clerk Worthing be given th® name
and address of Mr. Hodges in order that he may be contacted concerning
a meeting with Council.
5. Mr. Pitts said he had received Complaints'regarding the condition
of fence and landscaping at the rear of the Publix .Market, also. of
trucks unloading at 1~00 A.M.
He suggested that the Beautification Committee be asked to look at
this 'area and make recommendations for a more permanent type of land-
scaping.
The 'City Manager said he would have the fence repaired, and he was
asked to investigate whether there is an ordinance prohibiting trucks
unloading at that.~hour.
5. Mr. Pitts re~orted it had been decided at a Council workshop
meeting to ask the Beautification Committee to appoint a member of that
committee to study all Site plans, from a beautification vie~oint,
that came before the Planning and Zoning Board.
The City Manager reported that Mr. Alfred Elliott had been desig-
nated as. the person to study the Site PlanS.
5. Mr. Pitts said the City has an Ordinance prohibiting dogs on the
public beach, but the signs concerning same are not good, and the
ordinance is not being enforced. He suggested that the lifeguards also
be made aware of the ordinance.
5. Mr. ScheifleY said that in December, 1969, his attention had been
called to two court cases ruled on by the Supreme Court concerning bond
issues, and that he had given this information to the City Attorney.
He re~orted that those two court cases are reviewed on page 6 of this
week~.s issue of the Municipal Record with an implication for Florida.
He said he didn't feel the City should go ahead blindly concerning
the proposed bond issues without being aware of the possibilities.
5. Mr. Youngblood asked if there is a law requiring drivers of motor
vehicles to pull to the s~de of the street to clear the right-of-way
for ambulances, fire trucks, emergency calls by Police Departments,
etc., as he had observed that some people do not pull aside and stop.
It was reported that there is such a State law.
5. Mayor Saunders reported it had been decided at the last Workshop
Meeting that a garage pickup schedule would be published, and when
the new equipment .for the trash department is in operation a trash
pickup schedule will be published in the newspaper.
The City Manager announced that the Scheduled residential garbage
pickup this week is Monday, Wednesday and Friday for all properties
south of Atlantic Avenue, and Tuesday ~d"Thursday for all properties
north of Atlantic Avenue. Further, the scheduled residential garbage
pickup for the week of February 1 would be Monday, Wednesday and Friday
for properties north of Atlantic Avenue, and Tuesday and Thursday for
properties south of Atlantic Avenue.
Mayor Saunders asked that the Delray Beach News-Journal have the
schedule for this week's publication.
5. Mayor Saunders reported he had received a call this evening from
Dr. Cason, representing the Chamber of Commerce, who said they had
hoped to have their February meeting at the Holiday I~n in Highland
Beach, but have been informed that said.lbu~l~ing will not be ready at
that time,, and they de~ire to ho~ld said meeting in the new Delray Beach
Police Complex on February 12, and tha~ the City ~inancially s~onsor
said Chamber of Commerce Breakfast.
28-P
ORDINANCE NO. 2-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANk~XING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 51, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, JOSEPH M. CHRISTENSEN is the fee simple owner of
the property hereinafter described, and
WHEREAS, JOSEPH M. CHRISTENSEN, by his petition, has con-
sented and given pe'~'mission for the annexation of said property by
the City of Delray Beach~ and
WHEREAS, the City of Delray .Beach has heretofore been au-
thorized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE ~CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the city of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described tract of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:
Lot 51, DELRAy BEACH SHORES, according to plat
thereof recorded in Plat Book 23, Page 167,
PUblic Records of Palm Beach County, Florida.
SECTION 2. That the boundaries .of the City of Delray Beach~
Florida, are hereby redefined so as to include therein the above de-
scribed tract of land, and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA as defined by existing'
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall im-
mediately become subject to all of the franchises, ~privileges, immuni-
ties, debts, obligations, liabilities, ordinances and laws t° which
lands in the City of Delray Beach are now or may be, and persons re-
siding thereon shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of compe-
tent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED in regular session on the second and final reading
on the 26th day of January , 1970.
~S/ J. L. Saunders
ATTEST: M A Y 0 R
/S/ R. D. Worthing
City Clerk
First Reading .Janu~ry.. 1..2'. 1970 Second Reading January. 26.,. 1970
28-0
oRDINANCE NO. 1-70.
AN ORDINANCE OF THE CiTY COUNCIL OF THE
CITY O~ DELRAy .BEACH, FLORIDA, REZONING
AND PAACING LOTS 1 THaOUGH 7 INCLUSIVE
AND LOTS 10 THRouGH 14 INCLUSIVE, LIBERTY
HEIGHTS SUBDIVISION, IN "R-,lA SINGLE FAM-
ILY DWELLING DISTRICT", ..AND A~ENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1969".
BE IT ORDAINED B~; THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. Th-at the following deS~cribed property
in the City of Delray Beach, Florida, is hereby rezoned
and placed in the "R-iA Single Family Dwelling District"
as defined by Chapter 29 .of the Code of Ordinances of
the City of Delray Beach, Florida, to-wit:
Lots 1 through 7 inclusive and Lots
10 through 14 inclusive, LIBERTY
HEIGHTS, per Plat~ Book 24, Page 56,
Public Records of Palm Beach County,
FlOrida.
SECTION 2. That the Building Inspector of said
City shall upon the ,effective date of this Ordin~
change the Zoning Map of Delray Beach; Florida, tO un-
form with the provisions .of Section 1 hereof.
regulari~session' on the second and final
PASSED
in
reading on this the day of , 1970.
ATTE S T:
' 'CitY' c'l~rk .... ' ...............
FirSt Reading January 12. 197, Q ...................
Second Reading ....................... · ..........
28-N
RESOLUTION NO . 17-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, IN PALM
BEACH COUNTY, FLORIDA, REPEALING
SECTION 185 THEREOF PROVIDING FOR
ANNEXATION OF NEW TERRITORY~ PRO-
CEDURE FOR ANNEXATION, MANNER OF
RAISING OBJECTION ~{ERETO AND
ELECTION TO BE HELD THEREON.
WHEREAS, the charter provision of the City of
Delray Beach, Florida, provides for a method of annexation
Which is not used: and
W~EREAS, the city attorney has recommended that
it not be used due to adverse Florida' Supreme CouNt r~!ings
under the provisions; and
WHEREAS, notice of intention tO apply for a local
bill was published on January 15, 1970~ and
WHEREAS,,.a.~,p~bl.~¢.heari~g.w&s held on January 26,
1970, after ~ten days ~ublic notice purk~ant to the charter
of the City ~ Delray Beach, Florida; and
Of the City..Of De.lra~ B~ea6h,. FlOrida, thai'the provision
which provides· for ann~xatiOn 6f .,new .te~.ritory, procedure
for ann~%~9,nl,- manner. Of rais.~ng. 0bject%on the=eto and
NOW?.?~....~FO~S,...B~. ~..'RES0LVED BY THE CI~ COUNCIL
~,e Le, gis~a, ture of the.$.tate ~f, FlOrida: is respect-,,
ful.~y, re~ue~%eg~.: ~t0: W~&c't.'' ih' 'ith9' 1'9.90 ~'~eg~%~r'~:seS~sibn·:~ah..amenO-
~epealing sec'i~ i85 ~hich is:,approved and recommended by the
city council ,nf :~th.e .City:
said amendment
iPaS:s~'d' ~d' ad6'pted this 26th day of January, 1970.
"' '-" ' ' CIT~ OF DELRAY BEACH, FLORIDA
-;'~'" ' -.~ l.,'!:/" ;:. t" : ' ~ .........
"" '-:' ' : "' "'- - - '/'.s,/~'. ~;. s~..u'~aa~'~ "'
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28-M
RESOLUTION 'NO. 16-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITy 0F DELRAY BEACH, IN PALM
BEACH COU~TY, FLORIDA, 'AMENDING
SECTION 155 THEREOF PROVIDING FOR
THE CITY POLLS TO BE OPEN ON'ELEC-
TION DAY FROM 7:00 AoM. ~TO 7=00
WHEREAS, the charter provisions of the City of
Delray Beach' Florida, do not conform with state Law for
the opening of polls at 7:00 A.M., and the closing of
polls at 7..00 P.M.; and
WHEREAS, notice of intention to apply for a local
bill was published on January 15, 1970; and
WHEREAS, a public hearing was held'on January 26,
1970, after, ten days .public notice pursuant to the charter
of the City of Delray Beach, Florida; and
WHEREAS, it is deemed t6 be in the best interest
of the City' of Delray Beach, Florida, that the city Charter
should conform with State Law as to the time of opening and
closing polls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
'The Legislature of the State of Florida is respect-
fully reqUested to enact in the 1970 regular session an amend-
ment to Sec. 155' of the chart.er of the City of Delray Beach,
which is approved and recommended by the city council of the
City of Delray Beach, Florida, a copy of said amendment being
attached and submitted herewith.
Passed and adopted this 26th day of'January, 1970.
CITY OF DELRAY BEACH, FLORIDA
MAYOR
ATTEST:
City Clerk
28-L'
RESOLUTION NO o 15-70.
A RESOLUTION OF THE CITY COUNCIL OF
T~E ClT~ OF DELRAY BEACH, IN PALM
BEACH COUNTY, iFLORIDA, AMENDING
SECTION 147 THEREOF PROVIDING FOR
THE ELIMINATION OF AN ELECTOR REG-
ISTERING AS A FREEHOLDER.
W.~P, EAS, the charter provisions of the City of
Delray Beach, Florida, prov-ides for the regiStering of
electors as freeholders which is no longer required under
State Law; and
WHEREAS, no~ice'of in~en.tion to"apply .for.a local
bill was published on January 15, 1970; and
WHEREAS, a public hearing was helen.on January
1970, after ten days public notice pursua, nt to the charter'
of the City of Delray Beach, Florida; and
WHEREAS, it is deemed to be in the best i~terest
of the City of Delray. Beach, F~lorida,..that the provi-siOn~
for regzsterzng: freeholders be eliminated.
NOW, .~F. QRE, BE.IT,RESOL,k~,D.,BY T~ CITY COUNCIL
The':Leqi,slature 'of,,~e ~a,t~'of.,Florida is respec=-
fully requgsted~to]enactl in,.th~"lg~O iregUlar session an amend-
ment tO SeCi' '147. '6f'. the' cha~te,~,.gr.'the''clty of Delray Beach,
which is apprb%ed 'and re6°~enaed 'by the city council of the
City of Delray Beach, Florida, a copy of said amendment being
attached and.. s~bmitt.e..d herewith.
~ ..., .... .P. assed. ,. ,and' adopt ,ed.. thzs 26,th..daY 'of.,Jan ..ar~..,, 1970,
· ~ .CI..T~ OF DELRAY BEACH, FLORIDA
/S/ J. L. Saunders
28-K
RESOLUTION.NO. 14-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, iN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 138 (1) THEREoF PROVIDING
FOR INTEREST ON REVENUE BONDS~NOT
TO EXCEED THE'INTEREST RATE AS
PROVIDED BY. STATELAWS.
WHEREAS, the charter of the City of Delray Beach,
Florida, provides for an interest rate. of Six and one-half
percent on revenue bonds; and
WHEREAS, such interest rates are now contrOlled
by State LawS;and
WHEREAS, notice of intention to apply for a local
bill was published on January 15, 1970; and ..
WHEREAS, a public hearing was held~.~on January 26,
1970, after 10 days public notice pursuant to the charter
of the City of Delray Beach, Florida~ and
WHEREAS, it is deemed to be in. the best interest
of the City of Delray Beach, Florida, that the interest rate
on revenue bonds should be changed tointeres~ rate as pro-
vided by State Law.
· NOW, THEREFORE, BE IT RESOLVED BY THE :CITY 'COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
The Legislature of the State of Florida is respect-
fully requested to enact in'the 1970 regular session an amend-
ment tO Sec, 138 (1) of the charter of the City of Delray Beach,
which is approved and recommended by the city council of the
City of Delray Beach, Florida, a Copy of said amendment being
attached and submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY OF DELRAY BEACH, FLORIDA
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ R. D. Worthing City Clerk
28-J
R~SOLUTION NO. 13-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, IN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 127 THEREOF PROVIDING FOR-
THE VOTING OF FREEHOLDERS ON GENER-
AL OBLIGATION BONDS TOBE THE SAME
AS PROVIDED BY STATE LAWS.
WHEREAS, the charter provisions of the City of
Delray Beach, Florida., do not conform with State Law regard-
ing freeholders voting on bond issues; and
WHEREAS, notice of intention to apply for a lOcal
bill was published on january 15, 1970; and
WHEREAS, a public hearing was held On January 26,
1970, after ten days:public notice pursuant to the charter
of the city of Delray Beach, Florida~ and
WHEREAS, it is deemed to be in the best interest
of the City of Delray .Bea~ch, Flori.d.a, that the city charter
should conform with th~ Sta£e ~egardin~ freeholders elections.
~(~,~,....THER~FORE, BE.IT.,.~SpL~.VED BY. THE CITY COUNCIL
The ' ~Leg~Sl~t~r~,'.. 0,filth~ .state, of. FlOrida is respect-
fully requested ~o~'enact~i,~n'Jth~.',!970'~gUi,~,~ session an amend-
ment to SeCl.~-12~°f''~e ~ha~er'~£11the.,,c~ty.~0f Delray Beach,
which is a~gr0ve~:'.~nd :'r~0~,&naed.sY"'~e'"City council of the
City of Det~aY'BeaCh," ~lorid~~ ~ ~co~ of .said amen~ent being
attached and s~mitted herewith.
~s/ J. L. Saunders
' 28-~
RESOLUTION NO. 12-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DSLRAY BEACH, IN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 12.5 T~EREOF PROVIDING FOR
INTEREST ON GENERAL OBLIGATION
BONDS NOT TO EXCEED~THE INTEREST
RATE AS PROVIDED BY STATE LAWS.
WHEREAS, the charter of the City of Delray Beach, Florida,
provides for an interest rate of six and one-half percent on
general obligation bonds; and
WHEREAS, such interest rates are now controlled by State
Laws; and
WHEREAS, notice of intention to apply for a local bill
was published on January 15, 1970; and
WHEREAS, a public hearing was held on January 26, 1970,
after 10 days public notice pursuant to the charter of the
City of Delray Beach, Florida; and
WHEREAS, it is deemed to be in the best interest of the
city 'of Delray Beach, Florida, that the interest rate on gen-
eral obligation bonds should be changed to interest rate as
~rovided by State Law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, 'FLORIDA:
The Legislature of the State of Florida is respectfully
requested to enact in the 1970 regular session an amendment
to Sec. 125 of the charter of the City of Delray Beach, which
is approved and recommended by the City council of the City
of Delray Beach, Florida, a copy of said amendment being
attached and submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY OF DELRAY BEACH, FLORIDA
~SJ_J. L. Saunders MAYOR
ATTE ST:
City Clerk
28-H
RESOLUTION NO. 10-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE cITY OF DELRAY B~ACH, IN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 65 THEREOF PROVIDING FOR~
THE APPOINTMENT OF DEPUTY AND AS-
SISTANT CITY CLERKE.
WHEREAS, the charter provisions of the City of Delray
Beach, Florida, do not provide for the appointment and
duties of deputy and assistant city clerks; and
WHEREAS, the City of Delray Beach is growing and such
deputy and assistant clerks are .needed; and
WHEREAS, notice of intention to apply for a local bill
was published on January 15, 1970; and
WHEREAS, a public hearing was held on January 26, 1970,
after t0 days public notice pursuant to the charter of the
City of Delray Beach, Florida; and
WHEREAS, it is deemed to be in the best interest of
the. City of Delray Beach, Florida,· that provisions, should
be made for deputy and assistant clty.clerks.
NOW, THEREFORE, BE IT RESOLVEDBYTHE CITY couNcIL OF
THE CITYOF.DELRAY. BEACH, FLORIDA:
The Legislature of the State of Florida is respectfully
requested to enact in the i970 regular session an amendment
to Sec. 65 of the Charter of the City of De!ray Beach, which
is approved and recommendedby the city council of the City
of DelraY Beach,· Florida, a copy of said amendment being
attached and submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY OF DELRAY BEACH, FLORIDA
/S/ J. L. Saunders -
MAYOR
ATTEST:
/S/ R'. D. Worthing.
city Clerk
28-G
RESOLUTION NO. 11-70.
A RESOLUTION OF T~ CXTY COUNCXL OF
THE CITY OF DE~RAy BEACH, IN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 73 THEREOF PROVIDING FoR A
MILLAGE LIMIT AS PROVIDED~BY STATE
LAWS.
WHEREAS, the charter provisions of the City of Delray
Beach, Florida, provides for a 20 mill limit which is now
contrary to State Law, and
WH~R~AS,"notice of intention to apply for a local bill
was published on January 15, 1970; and
W~EREAS, a public hearing was held on January 26, 1970,
after 10 days public notice pursuant tO the charter of the
City of Delray Beach, Florida; and
WHEREAS, it is deemed to be in the best interest of the
City of Delray Beach, Florida, that the~.City charter conform
with State Law as to millage.
NOW, THEREFORE, BE IT RESOLVED BY THE CI~f COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
The Legislature of the State of Floriaa is respectfully
requested to enact in the 1970 regular session an amendment
to Sec. ?~.of the charter of the City of Delray Beach, which
is appro~e~ and recommended by the city council of t~ C~ty
of Delray Beach, Florida, a copy of said amendment bering
attache~n~ submitted herewith.
Passed and adopted this 26th day Of January, 1'970.
CITY OF DELRAY BEACH, FLORIDA
/S/ J. L. Saunders MAYOR
ATTEST:
~/S/ ,R. ,,D. worthing City 'clerk
28-F
RESOLUTION NO. 9-70.
A RESOLUTI°N OF THE.CiTY COUNCIL OF
THE CITY OF DELRAY BBACH, IN PALM
BEACH COUNTY, FLORIDA' AMENDING
SECTION 59 THEREOF PROVIDING FOR-
CITY ATTORNEY TO FURNISH LEGAL
OPINIONSTO THE CITY MANAGER~
RELEASING DUTIES TO THE MUNICIPAL
COURT.
WHEREAS, the charter provisions of the City of Delray
..Beach, Florida, provides for the dutiesof the-city attor-
ney which needs to Be changed~to'.confo'rm.with his.present
functions; and
WHEREAS, notice of intention to apply, for a local bill
was published on January 15, 1970; and
WHEREAS, a public hearing was held on January 26, 1970,
after 10 days public notice pursuant to the Charter of the
of Delray Beach, Florida; and
WHEREAS, ~it is deemed to be in the best interest of
the City of Delray Beach, Florida, that the city attorney
be relieved of representing the city in the municipal court
and is to furnish legal opinions to the city manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH,. FLORIDA:
The Legislature of the State of Florida is respectfully
requested to enact in the 1970 regular session an amendment
to Sec. 59 of the charter of the City-of Delray Beach, which
is approved and recommended by the city council of the City
of Delray Beach, Florida, a copy of said amendment being
attached and submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY OF DELRAY BEACH, F~ORIDA
~,/ ~.~.L. Sau.~ders... .
MAYOR
ATTEST:
/S/ R. D. Worthin~ City Clerk
28-E
RESOLUTION NO. 8-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY. OF DELRAY BEACH, ~IN PALM ~.
BEACH COUNTY, FLORIDA, AMENDING THE
CHARTER OF SAID CITY BY ADDING A NEW
SECTION 48.1 PROVIDING FOR THE APPOINT-
MENT, QUALIFICATIONS, DUTIES AND COM-
PENSATION OF THE CITY PROSECUTOR.~
WHEREAS, the charter provisions of the City of Delray
Beach, Florida, do not provide for the appointment, quali-
fications, duties and compensation of the city prosecutor
and his assistants;"and
WHEREAS, notice'i'of in'tehtion.'~to, apply-for a local bill
was published on January 1~, 1970; and
WBEREAS, a public hearing was held on January 26, 1970,
after 10 days public notice pursuant, to the Charter of the
City of Delray Beach, Florida; and
WHEREAS, it is deemed to be. in the best interest of the
CiTM of Delray Beach, Florida, that a section shOuld be added
to the charter providing for the appointment, qualifications,
duties and compensation of the city prosecutor and his assist-
ants.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
'The Legislature 'of the State of Florida is respectfully
requested to enact in the 1970 regular session an amendment
to the Charter of the City of Delray Beach, Florida, by add-
ing Section 48.1 which is approved and recommended by the
city council of the city of Delray Beach, Florida, a copy of
said amendment being attached and submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY OF DELRAY BEACH, FLORIDA
/S/ J. L. Saunders MAYOR
ATTEST:
/S/ R. D. worthinq
City Clerk
:28-D
RE. SOLUTIONN0. 7-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE'CIT~OF DELRAY BEACH, IN PALM
BEACH COUNTY, FLORIDA~ AMENDING
SECTION 13 THEREOF PROVIDING THAT'
THE CITY PROSECUTOR SHALL NOT HOLD
ANOTHER JOB AND BE APPOINTED BY
CITY COUNCIL.
WHEREAS, the charter provision of the Cityof Delray
Beach, Florida, does not prevent the city prosecutor from
holding other city positions; and
WHEREAS, notice of intention to apply for a local bill
was published on January 15, 19?0;~and
W~REAS, a public hearing was held on January 26, 1970,
after 10 days public notice pursuant to the Charter of the
City of Delray Beach, Florida; and
WHEREAS, it is deemed to he in the best interest of the
city of Delray Beach, Florida, that provisions should be made
for providing that the city prosecutor shall not hold another
city position and be appointed by city council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
The Legislature of the State of Florida is respectfully
requested to ~nact in the 1970 regular session an amendment
to Sec. 13 of the Charter of the City of Delray Beach, which
is approved andrecommended by the city councilor the City
of Delray Beach, F1Qrida, a copy of said amendment being
attachedand submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY QF DELRAY BEACH, FLORIDA
/
/~_/ J. L. Saunders MAYOR
ATTEST:
/S/ R~ D.~.Wor~Dg
City Clerk
28-C
RESOLUTION NO. 6-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, IN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 12 THEREOF PROVIDING THAT
THE CITY COUNCIL SHALL ALSO APPOINT
A CITY PROSECUTOR.
WHEREA~, the Charter provisions of the City of Delray
Beach, Florida, do not provide for the appointment of a
city prosecutor and his assistants; and
WHEREAS, the city manager recommends that such appoint-
ment of a city prosecutor and his assistants should be made
by the city council; and
WHEREAS, notice of intention to apply for a local bill
was published on January 15, 1970; and
WHEREAS, a public hearing was held on January 56, 1970,
after 10 days public notice pursuant to the Charter of the
City of Delray Beach, Florida; and
WHEREAS, it is deemed to be in the best interest of
the City of Delray Beach, Florida, that provisions should
be made for the appointment of the city prosecutor and his
assistants~by the city c~uncil ~f the city of Delray Beach,
Florida.
NOW, THEREFORE, BE IT RESOLVED BY T~ CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
TheLegislature of the State of Florida is respectfully
requested to enact in the 1970 regular session an amendment
to Sec. 12 of the Charter of the city of DelraYBeach, which
is approved and recommended by the~ity council of the City
of Delray Beach, Florida, a copy of said amendment being
attached and submitted herewith.
Passed and adopted this 26th day of January, 1970.
CITY OF DELRAY BEACH, FLORIDA
/S/ J- L. saunders MAYOR
ATTEST:
i/S/ R. D. Wo~t.hing City Clerk
RESOLUTION NO. 5-70.
.. .. .A'RESOLUTION OF THE CITY COUNCIL OF
~ THE CITY OF DELRAY BEACH COMMENDING
THE SEACREST HIGH SCHOOL FOOTBALL
~ TEAM, KNOWN AS THE "SEAHAWKS" , FOR
~ ITS CONTRIBUTION TO THE COMMUNITY.
WHEREAS, the Seacrest High School Football Team,
known as the "SEAHAWKS", has recently completed its
1969 football schedule; and.
WHEREAS, the successful season resulted in the
"SEAHAWKS" being crowned Suncoast Conference Champions,
this being the third consecutive year of such an
accomplishment; and
WHEREAS, the successful season resulted in the
"SEAHAWKS" being ranked 19th among all high school
· football teams in the State of Florida; and
WHEREAS, the successful season resulted in the
"SEAHAWKS" being runner-up in the point standings of
District 4, Class AA, of the State of Florida; and
WHEREAS, the City Council of the City of Delray
Beach, Florida, wishes to express its pride and appre-
ciation to the "SEAHAWKS" for their outstanding achieve-
ments and the honors which they have received under the
able guidance of their coaching staff,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray'Beach, Florida;
That the 1969 Seacrest High School SEAHAWKS are
, hereby commended for their enviable records achieved
in the Division, the Conference and the State of
Florida as a result of their outstanding performances
which the City of Delray Beach wishes to single out and
recognize as an outstanding contribution to the spirit
of this. community.
Passed 'and adopted this 26th day of January, 1970.
· ATTEST=
28-A
RESOLUTION NO. 4-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH COMMENDING
THE CARVER HIGH SCHOOL FOOTBALL TEAM,
KNOWN AS THE "EAGLES", FOR ITS CONTRI-
BUTION TO THE COMMUNITY.
WHEREAS, the Carver High School Football Team,
known as the "EAGLES", has recently completed its 1969
football schedule! and
WHEREAS, the successful season resulted in
Carver's "EAGLES" being crowned District 8-B Champions !
and
WHEREAS, the "EAGLES" continued on through Regional
Play-offs defeating~
Avon Park 34~4 Region 4-B Play-off!
Father Lopez 10-0 Semi-Finals; and
Sante Fe 30-0 FINAL; and
by virtue thereof, Carver High School's Football Team,
the "EAGLES", was crowned STATE CLASS "B" CHAMPIONS,
placing seven members on All-State Teams,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray BeaCh, Florida~
That the 1969 Carver High School EAGLES are
hereby commended for their enviable records achieved in
not only their Divisi6n, but also the Regional Play-offs,
and their being crowned State Champions in defeating
Sante Fe in the Finals; for the EAGLES outstanding per-
formances, the City of Delray Beach wishes to single out
and recognize these achievements as an outstanding contri-
bution to the spirit of this community.
Passed and adopted this 26th day of January, 1970.
%/MAYOR
ATTEST:
.
10.b. Mr.. John Kabler, representing the First Federal Savings and
Loan Association of~Delray Beach' said t~at the bank ha4 spent a con-
siderable sum of money to improve the old'Kentucky House~property they
recently purchased. He said there are several small palm trees and one
large one on the edge of the City Park adjacent to their property, and
they would like, with Council permission subject to approval of a rep-
resentative of the City and the Poinciana Garden Club, to take four
of the small palms out and replace them with taller trees or move them
and the large palm to another location in the park, in order to open
up the view of the First Federal· Savings & Loan Bank in approaching
it when crossing the Intracoastal Waterway bridge. Further, that any
expense would be borne by said bank.
City Manager Gatchel suggested that this be Worked,oUt with Mr.
Elliott, Director of. the Parks and Recreation Department. It was so
moved by Mr. ¥oungblood and seconded by Mr. Pitts. Upon call of roll,
Mrs Martin, Mr. Pitts, Mr. Scheifle~ and Mr. Youngblood'voted in
favor of the motion, and Mayor Saunders abstained from voting.
10.b. City Manager Gatchel presented for use of the Community Center
Gymnasium bythe Catholic Youth Organization represented by Mr. Jerry
Bateman for conducting basketball games, with approximately 40 of high
school age attending, on February 8th and 22nd and March 8th, from
1:00 to 4:30 P.M.
Said request for use of the community Center wasunanimously
approved, on motion by Mr. Pitts and Seconded by Mr. Youngblood.
10.b. City Clerk worthing reminded Council of a Palm Beach County
Municipal League meeting at 1:30 P.M.., Friday, January 30th, in West
Palm Beach, and plans were made for attending said meeting.
i0.b. Mayor Saunders said that since this is Mr. Gatchel's last
regular Council meeting, he thinks that Mr.. R. D. Worthing should be
appointed Acting City Manager as of February 1, 1970, to serve until
such time as a permanent City Manager is selected.
Mr. Scheifley moved that City Clerk WOrthing be appointed the
Acting City Manager as of February 1, 1970, the motion being seconded
· by Mrs. Martin and unanimously carried.
10.b. City Clerk Worthing informed Council that the second regular
Council meeting'date in February falls on February 23rd which is a
recognized legal holiday.
Tuesday,.February 24th, 1970, was agreed upon for holding the
second regular Council meeting in February.
10.c. City Clerk Worthing presented the FOllowing Bills for Approval:
General. Fund $ 201,159.63
Water Operating & Maintenance Fund 8,331.95
Water Revenue Fund 40,000.00
Sewer Revenue Fund 3,630.90
Capital Improvements Construction Fund 5,350.04
Sewer Construction TrUst Fund -
First National Bank of D.B., Trustee 4,000.00
The bills were unanimously approved for payment, on motion by
Mr. Youngblood and seconded by Mr. Pitts.
10.X. City Manager Gatchel expressed his gratitude to Council for the
kind Resolution passed earlier tonight, and his thanks·to all who have
contributed to his ability,and pleasure to Serve. Delray Beach as
City Manager. ~
The meeting adjourned.at 10:01 P.M.
APPROVED: City Clerk
/S/ James H. Scheifley
and work seems to have stopped but there is still a considerable amount
of material in the area'and some streets have not been repaired. He
asked if the City,knows when said work would be completed.
MayOr Saunders requested that City Manager Gatchel Check with
Mr. Hanson of the Southern Bell TelephOne Company to determine the
status of that work.
Regarding Agenda Item 7.c~I, the =ecl~est for reZoning of certain
property in Seabreeze Park, Mr. Palmatier reported that some members
of the Executive COmmittee of their organization had met with planners
for the Delray Beach National Bank and their traffic engineers, etc.,
on January 20th, and their plans anticipate stacking of traffic on
Seabreeze Avenue. He asked that their_Organization be notified of the
date of the proposed workshop meeting on this item as'they have ob-
jection to a business operation using~a City street to stack traffic.
Mr. Palmatier wished City Manager Gatchel well, and said he had
always been verycooperative with the Beach Property Owners' Associa-
tion.
lO.a. Mrs. John Gill read a letter to COuncil from Mr. Charles Deibel
of 1109 Miramar Drive, in which he objected to the proposed construc-
tion on Ocean Beach Lot 25, and also said that some provision should
be made to restore television reception to their area which reception
has been ruined by high-rise construction.
Mayor Saunders said there are several companies who want to talk
with the City on cable T.V., and that problem will have to be considered
in the near future.
It was directed that Mr. Deibel's letter be given to the Planning
and Zoning Board.
10.b. City Manager Gatchel read the BeaUtification Committee meeting
minutes of January 14, 1970.
The City Manager also read the following letter, dated January
10, 1970. from the Men's Garden Club to their representative on the
Beautification Co~ittee:
"Herewith are some matters to bring before the Beauti-
fication Com~ittee meeting.
1. Violation of zoninq' and_ dumpin.q of._trash,.from
buds!ness..at ~the ~cUrb
A. Becket. 209 N. Swinton Avenue
Becket. N. E. Fifth Street near N. Swinton
Ave hue
B. Ledbetter. 212 N. Swinton Avenue
2. Trailer, violations
A. 36 N. Swinton Avenue
B. N. E. First Avenue. Rear side-American
Auto Parts
3. Auto Junk cars on premises
A. 125 N. Swinton Avenue
B. Gulf station. E. Atlantic Avenue at
N. E. First Street
4. Anti latter violat,i, ons
A. Army-Navy Store. Front-side-rear in bad
condition
B. All supermarkets. Front-side-rear in bad
condition
5. Replac9 Buc_i,~a.,~ Tr_ees .that died in f.r_o_nt.of .City
Hall. _~_t_0P_exposin, g roots on trees that are still alive.
We have other violations to report, but will wait and see
what you can do about the ones reported in this communication."
Mayor Saunders said the letter from the Men's Garden Club should
be referred to the Administration.
-10- 1.26-70
8.d. City Clerk Worthing presented ORDINANCE NO. 2-70.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY 'OF DELRAY
BEACH, FLORIDA, ANNEXING TO T~E CITY OF DELRAY BEACH
CERTAIN LAND, NAMELY LOT 51, DELRAY BEACH SHORES, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY TO INCLUDE SAID LAND~ REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SA~D LAND~ PROVIDING FOR T~E RIGHTS
AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF. 1003 Brooks Lane
(Copy of Ordinance No. 2~70 is attached to the official copy of these
minutes.) See~:page 28-P.
A Public Hearing having been leqally.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.
2-70, said Or~in%~ce was unanimously passed and adopted on.this second
and final reading, on motion by Mr. Scheifley and seconded by Mr.
Youngblood.
8.e. The City Clerk presented ORDINANCE' NO, 3-70.
AN ORDIK~NCE OF THE CITY COUNCIL OF .THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LAND, NAMELY LOT 48, LAKE SHORE ESTATES ~ WHICH
LAND IS CONTIGUOUS TO. EXISTING MUNICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR T~E RIGHTS AND OBLIGATIONS OF
SAID LAND! AND PROVIDING FORT HE ZONING THEREOF. 2012 N. W.
Ordinance No. 3-70 was unanimously placed on first reading, on
· ~otion by Mr. Youngblood and seconded by Mr. Pitts.
9.a. Council was informed that the~Aqua-Crest Corporation requests
permission to solicit funds within Delray Beach during the first two
weeks in March, 1970, by personal contacts, coffees, and service pro-
grams, in an effort to raise'money for a ~imming pool at Seacrest
High School. Further, the Solicitations committee recommend that the
request be granted, with Council endorsement.
Said request for solicitation of funds was unanimously approved,
with Council endorsement, on motion ~y Mr. Scheifley an8 seconde~ by
Mr. Pitts.
10.a. Mr. Everett Palmatier, representing the Beach Property Owners~
Association, appeared before Council with several items as follows=
He said he would appreciate being advise~ of the-~ate and time
of Council Workshop Meeting when ocean dredging is considered. Further,
Norfolk Dredging Company is the company he has spoken about in the past,
and the President of said Company, Mr. Oscar F. Smith, III, lives in
Boca Raton. He suggested inviting Mr. Smith to said workshop meeting.
Mr. Palmatier said that a bottom survey may be required before
any dredging could start, and suggested that people who may have some
opinions on same could attend the workshop meeting.
Mayor Saunders asked that Mr. Palmatier give those names to City
Clerk Worthing.
Mr. Palmatier asked if any of the water line extensions considered
by Council tonight are outside the City limits. The City Manager said
he believes they are all: inside the City, and if any small portion is
outside it would be simply to connect to inside the City services. He
questioned spending money at times on extension of city services when
the City does not know in advance whether the annexation of areas might
be in the best interests of the City..
Mr. Palmatier reported that the Southern Bell Telephone Company
had been doing some work of putting in new conduit in the Beach area,
RESOLUTION NO. 9-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
59 THEREOF PROVIDING FOR CITY ATTORNEY TO FURNISH LEGAL
OPINIONS TO THE CITY MANAGER AND RELEASING DUTIES TO
THE MUNICIPAL COURT.
RESOLUTION NO o 10-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
65 THEREOF PROVIDING FOR THE APPOINTMENT OF DEPUTY AND
ASSISTAb~ CITY .~ CLERKS.
RESOLUTION NO. 11-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
73 THEREOF PROVIDING FOR A MILLAGE LIMIT AS PROVIDED
BY STATE LAWS'.
RESOLUTION NO° 12-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
125 THEREOF PROVIDING FOR INTEREST ON GENERAL OBLIGATION.
BONDS NOT TO EXCEED THE INTEREST RATE AS PROVIDED BY
STATE LAWS.
RESOLUTION NO. 13-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
127 THEREOF PROVIDING FOR THE VOTING OF FREEHOLDERS ON
GENERAL OBLIGATION BONDS TO BE THE SAME AS PROVIDED BY
STATE LA~.
RESOLUTION NO.~ 14-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
138 (1) THEREOF PROVIDING FOR INTEREST ON REVENUE BONDS
NOT TO EXCEED THE INTEREST RATE. AS PROVIDED BY STATE
LAWS.
RESOLUTION NO. 15-70 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
14'7 THEREOF PROVIDING FOR THE ELIMINATION OF AN ELECTOR
REGISTERING AS A FREEHOLDER.
RESOLUTION NO. 16-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
155 THEREOF ~ROVIDING FOR THE CITY POLLS TO BE OPEN ON
ELECTION DAY.FROM 7:00 A.M. to 7':00 P.M.
RESOLUTION NO. 17-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA,' REPEALING SECTION
185 THEREOF PROVIDING FOR ANNEXATION OF NEW TERRITORY,
PROCEDURE FOR ANNEXATION, MANNER OF RAISING OBJECTION
THERETO AND ELECTION TO BE HELD THEREON.
(Copy of Resolutions Nos. 6-70 through 17-70 are attached to the of-
ficial copy of these minutes.) See pages 28-C-N.
-8- 1-26-70
State .Beverage DePartment officials.
Said application for a liquor license was~'unanimou~ly approved,
on motion by Mr. Pitts and seconded by Mr. Youngb!oo~.
8.a. City Clerk Worthing presented RESOLUTION NO. 4-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP DELRAY
BEACH COMMENDING THE CARVER HIGH SCHOOL FOOTBALL TEAM,
KNOWN AS THE "EAGLES" FOR ITS CONTRIBUTION TO THE
COMMUNITY.
(Copy of Resolution No. 4-70 is attached to the official copy of
these minutes.) See page 28-A.
Resolution No. 4-70 wa~ unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded
by Mrs. Martin.
8.b. The City Clerk presented RESOLUTION NO. 5-70.
A RESOLUTION OF THE CITY COUNCIL OF '~4~ CITY OF DELRAY
BEACH COMMENDING THE SEA, REST HIGH SCHOOL FOOTBALL TEAM,
KNOWN AS THE "SEAHA~$", FOR ITS CONTRIBUTION TO THE
COMMUNITY.
(Copy of Resolution No. 5-70 i~ attached to the official colby of
these minutes.} See page 28-B.
ResQlution No. 5-70 Was unanimously passed and adopted on this
first and fiDal reading, on motion by Mrs. Martin and seconded by
Mr. Pitts ~
8.c. City Manager Gatchel presented RESOLUTION NO. 6-70 through
RESOLUTION. NO. 17-70 inclusive, and informed Council there are twelve
proposed bills, requesting cextai~ Charter ohanges, to he ~submitted to
the Legislative Clinic Delegation for its consideration and presenta-
tion to the State Legislature during its 1970 8~ssion. Further, pro-
c~edure requires that each Charter ~hange be supported by an individual
resolution.
A P~blic Hearing haviDg been legall~ advertised in compliance
with the laws of the State of Florida and the_Charter of the City of
Delray Beach, concerning said twelve proposed Legislative Bills, was
held, and there being no object,on to said proposed Bills, Resolutions
Nos. 6-70 through 17-70, ~isted below,· were unanimously passed and
adopt~ed on first and final reading, on motion by Mr. Youngblood and
seconded by Mr. PittSo
RESOLUTION NO. 6-70.
A RESOLUTION OF THE CITY ~OUNCIL OF THE dITY OF DELRA¥
BEACH~ IN P~M BEACH COUNT~, FLORIDA, AMENDING SECTION
12 THEREOF PROVIDING THAT THE CITY COUNCIL SHALL ALSO
APPOI~ A CItY PROSECUTOR.
RESOLUTION NO? 7-70.
A RESOLUTION OF' T~E CITY COUNCIL OF THE..CIT~ OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING SECTION
13 THEREOF PROVIDING THAT THE CITY PROSECUTOR SHALL NOT
HOLD ANOTHER JOB AND BE APPOINTED BY CITY COUNCIL.
R~SOLUTION NO. 8-70,
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA, AM~ING THE
CHARTER OF SAID CITY BY ADDING A NEW SECTION 48.1
PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, DUTIES
AND COMPENSATION OF THE CITY PROSECUTOR.
the pumps, but the cost of any repairs or replacement of parts as may
be required is not included in the basic cost. Also, the reason for
the higher cost of Well No. 1 is that it is located inside the building,
and the pump must be lifted out through the roof.
He recommended that this negotiated price be authorized in order
that the work can be started immediately by the Pippin Well Drilling,
Inc. upon completion of their present contract for the two new wells.
Said negotiated.price with the Pippin Well Drilling, Inc., for
water well rehabilitation, was unanimouSly approved on motion by
Mr. ¥oungblood and seconded by Mr. Pitts.
7.a. The City Clerk informed Council that Mr. Arthur J. Pillen of
1035 South Federal Highway has 'acquired the operation of the PORT OF
FLEETWING at S. E. 10th Street & the Intracoastal Waterway, and re-
quests transfer of the current License NO~ 1220, issued to the pre-
vious owner, for dispensing of Beer only, Consumption Off the Premises.
Further, Mr. Pillen has been investigatedand approved in the usual
prescribed manner by the Delray Beach and State Beverage Department
officials, and it is recommended that the transfer of said license
permit be granted.
The transfer of said License permit was unanimously granted, on
motion by Mr, Pitts and seconded by Mr. ¥oungblood.
X. City Manager Gatchel introduced Mr. Frank Brutt, Vice-President
and Chief Planner of Bart, Dunlop & Associates, Inc., City Planning
Consultants.
Mr. Brutt told of some of the work their firm has done and is
currently doing in this area and where their different offices are
located.
7.b. CounCil was informed that a petition has been received for
abandonment of the east-west 10-foot alley in Block 7, Osceola Park,
which alley is approximately 244 feet long and has never been opened
nor made use of.
The City Clerk said it is recommended tha~'this request be re-
ferred to the Planning and Zoning Board for rev'i~w and comment thereon,
as well as to the Engineering Department for its report concerning
utility lines therein, if any, and possible need of an easement therein
for future utility service appurtenances.
Said request for abandonment was unanimously referred to the
the Planning and Zoning BOard and Engineering Department for their
recommendations,'the motion being seconded by Mr. Youngblood and unan-
imously carried.
7.c. Council was informed that a request has been received for re-
classification of the North 25 feet of Lot 8, all of Lots 9, 10, 11,
and 12 and the South 26.67 feet of Lot 13, Seabreeze Park, from R-1AA
tO C-1. Further, Council may deny this petition or refer same to the
Planning and Zoning Board for a public hearing to be held thereon,
followed bY the Board's recommendation to Council.
Mr. Pitts moved that said rezoning request be referred to the
Planning and Zoning Board for study and recommendation, the motion bein%
seconded by Mr. ScheifleY. Mr. Pitts Said he would like to consider
this item at a workshop meeting with the Planning and Zoning Board be-.
fore making a decision on their recommendation. Upon call of roll,
the motion carried unanimously.
7od. The City Clerk informed Council that the Delray Beach ClUb, Inc.,
located at 2000 South Ocean Boulevard, and nearing completion, has
submitted its request for a liquor license, consumption on the premises
only, and in conjunction with its dining facilities. Further, should
Council approve the issuance of such license, an ordinance to so pro-
vide will be prepared for extending the area within which liquors may
be sold, and submitted to Council for consideration and hearing there-
on. He also informea Council that Mr, William M. Plum, Jr., as
Executive Vice'President of the ~elray Beach Club, Inc., has been in-
vestigated and a~Dproved by the Delray Beach Police Department and
(~opy of City.Engineer's r.~port dated.~October 8, 1969, and memo-
randum dated October 24, 1969,. are attached to the off'~Cial copy of
these minutes.)
Following discussion, Mr. ScheifleY moved that aUthorization be
granted for the retention .of Russell &Axon to ~roceed with the
preparation mf Design Plans and Specifications for water Main Dis-
tribution Line' installations, as outlined. The motion was seconded by
Mr. Pitts and carried unanimously.
6.g. The .City Manager presented a memorandum from the Finance Dir-
ector, dated January 20, 1970, accompanied by a Table of Summary Costs
of the Current City Employees Retirement plan, and a Table of Summary
Costs for Proposed Retirement Plan.
Mrs. Martin requested that the Retirement committee be giVen this
report and its recommendation be brought back to Council.
Following discussion, Mayor saund~rs said he believed'the proper /
action would be to follow the suggestion of Mrs. Martin, and study..
these figures with the Retirement Committee, which w~s agreeable to
Council.
6,h. The City Manager presented a request from the Delray Beach Police
Benevolent Association for assistance in extending a water line to the
new P.B.A. Building, the estimated cost of such extension, being $525.00.
Mr. Scheifley moved to approve the expenditure Of $525.00 to ex-
tend the ~ater line to the. Police BenevOlent Association BUilding, the
motion being seconded by Mrs. Martin, and unanimously carried.
6.i. Council was' informed that' the .current Schedule of Water Meter
Installation Charges was established by Council in May, 1957, and due
to periodical increases in m&terial and labor costS~during the past
twelve years, and having determined the'curFpn~C0sts for s~ch charges,
approval of the following schedulm of. Char'ges,'. to be' effective imme-
diately, is recommended; furth, er, subject to council approval of this
schedule,.rates ~for.such connections OUT~'DE the Citylimits shall be
25% higher.:
,C
3/4" ~ 120.00
1" ~170'00
1-1/2" _~ 280,00
2" 380.00
3" 1,040.00
4" 1,490.00
The Schedule of Water Meter Charges,.as proposed, was unanimously
approved, on motion by Mr. Pitts and seconded byMr. ¥oungblOod.._.
6.j. Regarding rehabilitation of certain City. water wells, the City
Manager informed Council that four of the five wa~er.supply wells
serving the North Water Plant are in need of immediate ~ehabilitation,
the output having dropped from the designcapacity of 1,500 gallons pe~
minute to an average of about 300G.P..M..Further, Pip~in Well Drilling,
Inc., who are presently under contract with the City f6r'construction
of two new wells, have the necessary equipment now in the City and
have offered the following negotiated prices, which ~eflect considerable
savings to the City:
Well No. i $3,200.00..
2 '1,600,00
.- 3 1,600.00
Total $8,000.00
The City Manager said these basic prices include pull'lng out the
pumps, acidizing and redeveloping'the..wells to.t~$~point that no
foreign materiais such as ruSt Scaie °r'sana, are~'esen~, and installin~
Sudan S/~o it is recon~ended that his request for extension of one
year be granted.
Said request for a one-year extension of time was granted to Mr.
Ambrose, on motion by Mr. Scheifley and seconded by Mrs. Martin.
6.b. City Manager Gatchel informed Council that the Tropic ISle Har-
bor Shopping Center Association, Inc., has filed a Bill of Complaint
~against the City, the Building Inspection Department, and others,
concerning status of the Service Alleys in Tropic Isle Harbor Shopping
Center~ f~rther, it is suggested that the City Attorney be authorized
to represent and defend the City in this suit.
Mr. Pitts moved that the City Attorney be authorized to d~fend the
suit, the motion being seconded by Mr. Scheifley and Unanimously car-
ried.
6.c. The City Manager presented the following present and proposed
fees, applicable to usage of the City's tennis facilities, and said
that Council approval of the proposed rate schedUle is reco~ended,
with an effective date of February 1, 1970t
PRESENT PROPOSED
Adults $20.00 $30.00
Family 30.00 45.00
Students 5.00 10.00
Students (under 18) .25 .50
Daily Fees 1.00 1.50
Monthly - '10.00
The proposed ~chedule of fees for use of the tennis facilities,
effective February It 1970t was unanimously approved, on motion by
Mr. Youngbloo~ and seconded by Mr. Pitts.
6.d. The City Manager presented a report of the City's Director of
Parks and Recreation concerning beautification of the Eastside Pool
~uilding and said that 'Council approval £or such beautification, as
recon~mendedby the Beautification Convnittee, is requested together with
authorization of necessary funds in the amount of $400.00, to cover
such estimated cost of the project, to be charged to the ~eautification
budget.
Said recommendation was accepted and authorization for necessary
funds in the amount of $400.00 to be charged to the Beautification
budget account was unanimously granted, on motion byMr. Scheifley and
seconded by Mr. Youngblood.
6.e. Concerning employment of professional Planning Consultants, Mr.
Pitts said this had been discussed several times at workshop meetings~
He then moved to approve the Planning andZoning Boar~.~s re~endatio~
for employment of Bart, Dunlop &Associates, Inc. as Master'~anners.
The motion was seconded by Mr. Youngblood and carried unanimously.
6.f. Regarding Engineering Consultants' services in connection with
expansion of water main distribution lines, City Manager Gatchel
reported to'Council as follows:
"In view of major development of certain fringe areas within the
City, it becomes mandatory that immediate steps be undertaken for in-
stallation of Water Main Distribution Lines in a major expansion pro-
gram of such facilities.
Russell & Axon, the City's previously employed Consulting En-
gineers for many projects, both water and sewer, have agreed to handle
=he engineering work relating to this expansion program for 3.75% of
the construction cost plus the cost of such topographical surveys as
may yet be required.
On such basis, authorization is requeste~ for retention of
Russell &Axon, who should be directed to proceed with preparation of
Design Plans and Spocifications for certain Water Main Distribution
Line installations, as set forth in items one thru nine of the City
Engineer's report, dated October 8, 1~69, subject to tentative under-
standing that this first phase in the ext~ansion program shall not
The City Manager informed COUncil that. it is hoped the City may
officially take possession of the Police Complex building on February
9th, but that date is still uncertain.
Following diSCUSsion, City Clerk worthing was asked to contact
Dr. Cason and inform him that the Police Complex would not be available
but the CommUnity Center located at 50 N. W. 1st Avenue would be
available for" said February. 12th Chamber of Commerue Breakfast; further,
the City Council did not elect to sponsor the Breakfast.
5. Mayor Saunders informed Council he had received a letter from
Mrs. Patty S. Poorbaugh of the Royal Palm Republican Womans Club,
stating she had been asked to serve as Palm Beach County Chairman of
"Operation Lend-An-Ear", which committee is comprised of all the
Republican Federated Ctubs of Palm Beach County, the task being to give
all people in this area an opportunity to express their ideas and con-
cerns through a questionnaire, concerning education, and that an
"Operation Lend-An-Ear Day" be proclaime~.
It was pointed out that the schools are a County function and this
request was tabled for consideration at a workshop meeting later
this week.
5. Mayor Saunders said that since this is City Manager Gatchel's last
regular Council meeting, he would like to present RESOLUTION NO. 18-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, COMMENDING RETIRING CITY MANAGER DAVID
M. GATCHEL.
WHEREAS, DAVID M. GATCHEL, 'has for the past fou~ and one-half
years been City Manager of the City of Delray Beach, Florida; and
WHEREAS, inasmuch as DAVID M. GATCHEL has requested that his
name be withheld from consideration for reappointment as City Manager
of the City of Delray Beach, this City CounCil desires to spread the
following resolution upon the minutes!
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH=
That recognition be g~ven DAVID M. GATCHEL for his excellent,
intelligent and energetic efforts in the service of this City during
his tenure of office, in the development of bette= relations with City
employees; in planning for the future needs of the City~ .in coordinating
the efforts of all ~ersonnel to provide for a more efficient admini-
stration of the City's af£airs; and in earning the respect. and confi-
dence of the citizens and residents of Delray Beach.
Be it further resolved that this Council is of the opinion that
the high position and reputation which this City has attained has been
in a large measure due to the earnest efforts and untiring devotion of
DAVID M. GATCHEL.
P~SSED AND ADOP.TED this 26th day of January, 1970.
Resolution No. 18~70 was unanimously passed and adopted, on motion
by Mr. Youngblood and seconded by Mr. Pitts.
6.a. Concerning a request for extension of agreement with Sudan S/D
developer, City Manager Gatchel informed Council that as of November
18, 1966, Mr. John B. Ambrose posted a cash bond of $12,000. with the
City, which bond and accompanying executed agreement, authorized by
Council on November 14, 1966, assured the construction of sidewalks
on the north and south sides of Poinsettia BOulevard in Sudan S/D, and
that portion of Davis Road lying within the subdivision, within twelve
months ~rom date of agreement. F~rther, other conditions of the
original agreement, for ~hich a cash bond had been posted and is still
being held by ~ he C~ty, particulaF~=onstruction~.~ ~ ~. ~ of DaVis Road, have
be~s~leted, but Mr. Ambrose r~ests a'further extension of an
a~~nal, one. year .for %he C~t~cti.on of the sidewalks.
~lationShip and cooperation'., "~i°m ~, ' rose, 'in effecting the ~m-
~.r.o~e.m~e~t o~~f.~Dw~a~s R~ and extens_ion o~~ ~.ate. r~ distributio~. ~nes o