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05-11-70 MAY I1, 1970 A regular meeting of the CiHy Council of the City of DeC,ray Beach was held in the Council Chambers at 8:00 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, Mar~in, John L. Pitts, III, James H. Scheifley and O. F. Youngblood being present. 1. An opening prayer was delivered by Mayor J. L. Saunders. 2. The Pledge of Allegiance to the Flag of the United States of America was given. X, Mayor Saunders introduced and welcomed the' new City Manager, Mr~ J. Eldon Mariott. 3. The minutes of the regular Council meeting of April 27th, 1970, were unanimously approved, on motion by Mr. Pitts and seconded by Mrs. Mar~in.. 5. Mr. 'Scheifley moved that Mr. J. Eldon Mariott be hired as City Manager of the City of Delray Beach, effective May 4, 1970, at a salary of $t9,000.00 per year. The motion was seconded by Mr. Youngblood and carried unanimously. 5. Mr. Scheifley reported on a meeting he attended last Friday in West Palm Beach of the Palm Beach County Municipal League, and during a two-hour meeting there was discussion of a Master Plan for the County; Recreational Programs, County vs City; School Guards; and Control of Dogs, County vs City; and he Nad stated ther~ were prob- lems of greater importance the League should concern themselves with, principally Beach Erosion. Mr. Scheifley said he talked with Mr. Kenneth Bradley of Lake Worth, President of the League, and with Mr. Fred E~asley, Mayor of West Palm Beach, and asked if the subject~of Beach Erosion could be put on the agenda. He said that West Palm Beach has no beach and Lake Worth has only 1,000 feet of beach, but the Cities from the Boynton Beach Inlet to the Boca Raton Inlet are very much concerned with this problem, and his interest in getting it on the agenda is to get some support from this Palm Beach Municipal League for some sort of state-wide or federal program on Beach Erosion. Mr. Scheifley said he would like for Council to consider having Mayor Saunders and City Manager Mariott attend the next meeting of the Executive Committee of ~he League in an effort to get some sup~. port for the County-wide Beach Erosion Program. 5. Mrs. Martin reported receiving complaints about people walking their dogs on the beach; also of dogs running loose on North Swinton Avenue. Mayor'Saunders referred that item to the City Manager. 5. Mr. Pitts welcomed City Manager Mariott, expressed his confidence in him, wished ~ima long tenure and Pledged his cooperation. 5. Mr. Pitts referred to the Clean-up Campaign, suggested at the last regular meeting bY Mr. Youngblood, and said that he had talked with Mr. Bathea of the Boy Scout Organization but had not followed through on anything yet but plans to do something on it next week. 5. Mr~ Pitts said that in' an interview with City Manager Mariott, he had been asked what he thought of Computers; further, he hopes the City Manager will consider same since negotiations have already been started for a computer system.. ¸84- 5. Mr. Youngblood said Mr. Pitts had answered his question on the progress of a suggested Clean-up Program. 5. MayorSaunders read a PROCLAMATION proclaiming May 17 t~rough May 23,1970, as REALTOR WEEK in DELRA¥ BEACH, and urged all citizens to join in saluting the Realtors of this City for their services, programs and professional dedication. 5. Mayor Saunders prosented a PROCLAMATION proclaiming the month of May as SENIOR CITIZENS MONTHand expressed the desire of Council to recognize our Senior Citizens. 5. Mayor Saunders read an invitation to Council and all citizens .of Delray Beach from the Department of the Air Force, Headquarters Cape Kennedy Air Force Station '(AFSC), PatriCk Air Force Base, Florida, to an Armed Forces Day Open House at Cape Kennedy Air Force Station on Saturday, May 16,1970, from 9:00 A.M. to 5:00 P.M. 6.a. Regarding extension of the sewer collection lines northward on N. E. 9th Avenue', City Manager Mariott said it is recommended that said sewer line extension be authorizedby Council, the estimated cost being $14,200,00, funds for same being-available.in the Sewer System ConstruCtion Trust Account.He said this meets the City's cri- terion for extension of such lines as it will provide an estimated revenue in excess of the City's desired ratio to cost of 20 to 1. Mrs. Martin moved that authorization be given for. extending the sewer collection line northward on N. E. 9th Avenue, the motion being seconded by Mr. Pitts and unanimously carrie~. 7.a. City Clerk Worthing informed Council the Supersonic Soul Pro- ductions Ltd. has petitioned for use of the Community Center's gym- nasium during the evening of May 29th, from 7:00 to 11;00 P.M., for the purpose of conducting a floor show and dance, proceeds from which are to aid in the procurement of band instruments~ such request being approved by the Recreation Director and it is recommended the request be granted. Mr, Youngblood moved that said petition be granted, the motion being seconded by Mr. Pitts. Following a question by Mrs. Martin,.City Clerk Worthing reported that said Organization consists of members of local schools and is a nonprofit'organization. The City Clerk further reported that the City Manager would, con- sider at a workshop meeting the recommendations of Recreational Director Elliott concerning use of the Community Center. Upon call of roll, the motion carried unanimously. 7.b. Council was informed that a request has been received from the owner of Lots 3, 5, 6 and 16, Block 1, Belair Heights to relocate that portion of the 16-foot East-West Alley lying adjacent to, and north of, Lot 16, from its present'location to the south 16 feet of said Lot 16. Further, CounCil may deny this petition or refer same to the Planning and Zoning Board, the Fire Department and the City Engineer for review and recommendation'- Said petition was unanimously referred, as. recommended, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7.c. City Clerk Worthing informed Council that apetition has been received from the owner of the north 50 feet of west 110 feet of south 100 feet less the' west 10 feet thereof of Beach Lot 15, S/D of Fractional East half of Section 16-46-43, from RM-1A (Multiple Family Dwelling District) to C-1 (Limited Commercial District), and that this petition may be denied or referred to the Planning and Zoning Board for a public hearing to be held thereon, followed by the Board,s recommendation. May 11, 1970 Said petition for rezoning was unanimously referred to the Plan- ning and Zoning Board, on motion by Mr. Youngblood'and seconded by Mr. Scheifley. 7.d. Council was informed of a request for abandonment of the North- South Alley in:PINE VIEW Subdivision, platted in 1925, the. petition being submitted and signed by the owners of all properties abutting said alley and cOmprising the entire subdivision of Pine View. The City Clerk reported this~alley has never been opened nor im- proved, and water and Sewer lines serving this area are installed on N. W. 1st and 2nd Avenues; further, Council may deny or grant this request or refer same to the Planning and Zoning Board, the City Engineer and the Director of Public Utilities for review and recom- mendation. Said request for alley abandonment was unanimously referred to the Planning and Zoning Board, City Engineer, and Director of Public Utilities for review and recormmendation, on motion by Mr. Pitts and seconded by Mrs. Martin. 7.e. The City Clerk informed Council of a petition having been re- ceived requesting rezoning of Lots 7, '8 & 9, Block 10, Osceola Park Subdivision, from R-lA (Single Family Dwelling-District) to C-1 (Limited Commercial District) and that this request may be denied or referred to the Planning and Zoning Board for a Public Hearing to be held thereon followed by the Board's recommendation. Said rezoning petition was unanimouSly referred to the Planning and Zoning Board, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.a. City Clerk Worthing presented ORDINANCE NO. 14-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 20, FIRST ADDITION TO KENMONT, WHICH' LAND .IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDINGFOR THE ZONING THEREOF. 902 McKee Lane Ordinance No. 14-70 wam unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr-~Youngblood. 8.b. The City Clerk presented ORDINANCE NO. 15-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CiTY OF DELRAY BEACH, CERTAIN LANDS LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; P~DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAI~DS; PROVIDING FOR. THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND. PRO- VIDING FOR THE ZONING THE~OF, 2901-2915 W. Atlantic Avenue Ordinance No. 15-70 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. -3- May 11, 1970 .86 8.c. The City Clerk presented ORDINANCE NO. 17-70. AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 25, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO E]~.IST- ING 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 TBE ZONING THEREOF. 1014 White Drive Ordinance No. 17-70 was unanimously pleced on first reading, on motion by Mrs. Martin and seconded by Mr. Pitts. 8,d. City Clerk .Worthing presented ORDINANCE NO. 18-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 28, FIRST ADDITION TO KENMONT AND A PORTION OF AN ADJOINING ALLEY, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAiD CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. 1022 N. E. 9th Ave. Ordinance No. 18-70 was unanimously placed on first reading, on motion by Mr~ Scheifley and seconded by Mr. Youngblood. 8.e. City Clerk Worthing presented ORDINANCE NO. 19-70o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACHCERTAIN LAND, NAMELY LOT 16, FIRST ADDITION TOKENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING TBE BOUNDARIESOF'SAIDCITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND! A~D PROVIDING FOR THE ZONING THEREOF. 1011 N. E. 9th Avenue Ordinance Noo 19-70 was unanimously placed on first reading, on motion by Mr. Pitts and seconded by Mrs. Martin. 9.a. The City Clerk reported that a request for abandonmentof the North-South Alley in Block 47 had been submitted at the April 13th Council meeting and was referred to the Planning and Zoning Board for review and reuommendation, and read the.following report signed by Andrew Gent, Secretary of the Planning & Zoning Board= "At a regular meeting of the Plannin§ & Zoning Board held at 8:00 A.Mo, May 5th, 1970, in the City Council Chambers, a motion passed unanimously to recommend ap- proval of the abandonment of the North-South alley in Block 47." The City Clerk informed Council that there were no utilities within said alley right-of-way nor any determined future need of an easement for suc~ purpose, and that said request may be denied, or the recon~nendatioD of the Planning and Zoning Board ~e sustained in grantingthe request. Mr. ~o.~ngblood moved to sustain the recommendation of the Plan- ning an~ Z~ni~g Board Sn granting said request for alley abandonment, the mot$on being seconded by Mr. Pitts and unanimously carried. 9.b. Council was informed that a petition fo~ Permissive Use for constrqction and operation of a nursery on Lo~ 3, Block 3, Rosemont Park Subdivision, located at 609 S. W. 6th Ave~q~, was referred to -4- May 11~ ~970 the Planning abd Zoning Board for a Public Hearing, and said hear- lng was held on April 21st with no objections received°Further, the Planning and Zoning Board unanimously recommend approval of Permis- sive Use as requested. Council was reminded that Permissive Use was granted this pe- titioner for similar use on Lots 1 and 2, adjacent to the subject property, last .September. Said petition for Permissive Use for nursery operation on Lot 3, Block 3, Rosemont Park was unanimously granted, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 10.a. Mr. Cary Carr, representing the Delray Beach Jaycees, request- ed use of the City Park on June 6th and 7th for their FUN DAYS, and asked if it would be permissable to have a merry-go-round in oper- ation at that time. He said they would like for all the various City Clubs to participate in this' activity. Permission was unanimously granted to the Jaycees for-use of the City Park for FUN DAYS on June 6 and 7, on motiom by Mr. Youngblood and seconded by Mr. Pitts, with various particulars to be taken care of by City Manager Mariott, 10.a. Council was informed of a request~from George Sweeting, 2444 South Ocean Blvd., for use of the Community Center gynuuasium and kitchen on May 30, from 7:00 to 10:00 P.M. for the purpose of holding a wedding reception,-and that the Recreation Director has reported the facilities are available at that time, and the City Manager recommends approval of said request. Said request was unanimously approved, on motion by Mr. Pitts and seconded by Mr. Youngblood. 10.b. Reference was made to a proposed Contract between the City of Delray Beach and Caribe' Scientific, Inc., regarding the con- struction and operation of an off-shore breakwater composed of a line of "ERO JACKS" and the City Manager said he would like to hold up a decision on that item for a few days. 10.b. Mr. Youngblood announced that the Community Child Care Center organization is having its first annual meeting in the Council Chambers at the City Hall at 8':00 P.M,, Thursday, May.14, 1970. He invited the Council and public to attend the meeting and said there would be a program giving a synopsis of what has been accomplished during the year. 10.b. Mayor Saunders asked the cooperation of the citizens Oh'.the new plan for the garbage colleCtion department'in that all con-. tainerized trash, if placed at the curb, will be picked up with the garbage on the~regula~ly scheduled garbage collection days. He em- phasized that there will still be back-door pick up of'the garbage, but the containerized trash is to be placed at'the curb. 10.b. Mayor Saunders rePorted that the 'Publix Store Manager had informed him that the incinerator in their store on N. E. 2nd Avenue had been closed down, which incinerator operation had been consider- ed a nuisance and the.cause of constant complaints from the area residents. lO.bo Concerning the installation of traffic lights on N. E. 5th and 6th Avenues at 4th Street, City Clerk Worthing reported he had. today observed a crew of nine Florida Power & Light Company employees in the process of installing poles and accessories.at those loca- tions. 10.b. City Clerk Worthing reminded Council of a word,'hop... ".. meeting at 7:30 P.M. ~ MaY 13. . -5- : May 11, 1970 10.b. Mayor Saunders reported good progress is being made in con- struction of the garbage and~trash transfer plant and their only concern at this time is getting electric service~ He also reported that he had contacted the Florida Power and Light Company and had been assured that the provision of electricity would not hold that operation~up, they would provide sufficient serv- ice anytime it wa~ needed. 10.c. City Clerk Worthing presented Bills for Approval as follows= General Fund $138,941.97 Water Operating & Maintenance Fund 10,004.99 Water Revenue Fund 65,000.00 Interest & Sinking Fund - Water & Sewer Revenue Bonds 176,306.25 Utilities Tax Certificates - ~'PrinCipai~.& tnterestRedemption Fund 52,570.00 Utilities Tax Revenue Fund 1,550.00 Cigarette Tax Fund 11,458.71 Sewer Revenue Fund 69,000.00 Mr. Pitts questioned the payment to Sanco Corporation in the amount of $3,936.71. Finance Director Weber explained that is one of the monthly payments to that Company. Payment of the bills was unanimously aPProved, on motion by Mrs. Martin and seconded by Mr. Youngblood. The meeting adjourned at 8:55 P.M. APPROVED ..... ~'MA¥OR .-6- May 11o 1970