09-22-69 SEPTEMBER 22, 1969.
A regular meeting of the'City CoUncil of the City of Delray Beach
was held in the Council Chambers at 8500 P.M., with Mayor J. L. Saunders
in the Chair, City Manager David M. Gatchel, City Attorney G. Robert
Fellows and Councilmen John L. Pitts, III, james H. Scheifley, James
B. Wilson and O. F. Youngblood being present'.-
1. An opening prayer was delivered by Rev. J. Marvin Sweat.
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 September 8, 1969,
were unanimously approved, on motion by Mr. Wilson and seconded by
Mr. Youngblood.
5. Mr. Pitts reporte~ he had attended a meeting of the State High-
way Department in West Palm Beach last Week~ and had asked if in their
five-year projection of plans, there were any plans for four-laning of
A1A,-and was informed there were not. Further, following a question,
he was inform'ed that the construction of the 12th Street Intracoastal
Waterway Bridge was not in the five-year projected plans.
He said that in today's Sun-Sentinel a news item stated that Mr.
George Frost Of Palm Beach is asking for a bridge in the Worth Avenue
area, making a study of conditions this year, w.ith the possibility of
making design plans next year, and starting construction the third year.
He said he feels the City should get with the County and Com-
missioner Warren and review said plans for a bridge.
Mayor Saunders asked that the City Manager schedule a workshop
meeting as soon as possible with the County Administration concerning
this item.
5. Mr. Pitts said it is his desire to have further discussion at a
workshop meeting soon concerning a Transfer Plant as traffic and the
opening of S. E. 1st Street may be contingent on those plans.
5. Mr. Pitts suggested that the Financial Advisory Board be invited
to attend any further meetings held between now and December with re-
spect to the proposed General Obligation Bonds,
5. Mr. Scheifley read the following Planning and Zoning Board report,
dated September 19, 1969, concerning the Community Child Care Center:
"At a special meeting of the Planning & Zoning Board held
Friday, September 19th, 1969, at B~30'.A.M~ in City Council
chambers a detailed discussion of permissive use to conduct
a Community Child Care Center at the First Presbyterian
Church, 24 Bronson Avenue, ensued.
It was noted that the-facility was first designed with
educational facilities in 1925. An educational building was
in use continually from 1941 to t966, as well as other years.
Building permits were granted in 1925, 1958 and 1962 for this
property and the Board agreed that this has already constituted
permissive use of the property for educational purposes.
The facilities have always been non-sectarian, therefore
the Board feels denial of their use by any group would be
discriminatory..
With five members of the Board, present, a motion passed
unanimously that the Board advise City Council that they feel
the public hearing should not have been held and was out of
order, and that the Community Child Care Center should be
allowed use of the property immediately.
Messrs. Jacobson and Pompey were absent."
-1-
Mr. Scheifley said that in light of that report he feels anything
the Council may may. or do concerning Item 9.c. on the Agenda would be
redundant, incompetent, irrevelent, immaterial~ therefore, he would
move that Item 9.c. be stricken from the Agenda. The motion was sec-
onded by Mr. Pitts.
Mr. Wilson said that he would like to be assured that the striking
of this item from the Agenda would not tn any way affect the approval
of permissive use of said facilities offered by the First Presbyterian
Church.
City Attorney Fellows stated that according to the interpretation
of the Planning and Zoning Board, they already have established per-
missive use and there is nothing else to be considered on it.
Mr. Wilson asked if it could be assumed, after tonight, that per-
missive use of those facilities does in fact exist and that the Com-
munity Child Care Center is free to exercise its option to use such
facilities at any time they care to. The City Attorney assured Mr.
· Wilson that was a fact.
Mr. Wilson asked further: "in other words, there is no legal field
of doubt here, as of now, with the striking of this item from the
agenda, and based upon the opinion of the Planning and Zoning Board as
r.'ead, byMr. Scheifley, the Community Child Care Center does in fact have
a grant for permissive use of the premises of the First Presbyterian
Church, is that correct?"
The City Attorney said if it is desired to make it more binding the
Council could accept said report for a matter of record.
Mr. Scheifley accepted the request of Mr. Wilson that his motion be
amended to include the acceptance of the recommendation of the PIanning
and Zoning Board, the amendment being accepted by Mr. Pitts in his
seconding of the motion. Upon' call of roll, the motion carried Bnan-
imous ly.
5. Mr. Wilson said he wants to be sure that the action taken by
Governor Kirk regarding road conet~ct~On does not place in jeopardy
the proposed 12th Street Intracoastal Waterway Bridge, as said bridge,
in his.opinion, is far more needed as .quickly as possible to eliminate
and alleviate bad traffic conditions insofar as giving an additional
route from AIA to U. S. No. 1, as it is to ultimately Connect to 1-95.
5. Concerning a vacancy on the Financial Advisory Board, Mr. Wilson
moved that Col. John E. Beebe, Jr., be appointed to fill said vacancy,
and informed C~uncil that Mr..Nathan Sharp, Chalr~' an of the Financial
Advisory Board, reconunends that said appointment be made. The motion
was seconded by Mr. Pitts and carried unanimously.
5. Mr. Youngblood reported that he had been to Washington, D. C. re-
cently and attended the Black Elected Officials Conference, and while
in Washington, he had an opportunity to talk with.. COngressman Paul G.
Rogers on the possibility of develop'~g a low-inCOme housing project
for NegrOes aO~eWhere in the westward expansion of Delray Beach. He
said congressman Rogers felt that wasa most worthwhile project and
wanted ...to go on record toward developing one for Palm Beach County
which would include BoYnton Beach, Delray Beach and Boca Raton.
Mr. Youngblood said he had explained that the Delray Beach Council
had asked the Financial Advisory Board, headed by Mr. Nathan Sharp,
to work on that project, and that he has a quantity of materia! for
use by that Board on this p~$oject.
Mr. YOungblood further stated that Congressman Rogers had said if
the Fina~cial Advisory Board would contact his office in West Palm
Beach concerning this low-income housing project, they can obtain
further information.
Mr. Youngblood. reported that he has received a call from a secretary
of Mr. Stewart B. Iglehart saying that he would like to work with that
Board in an effort to do something for poor people on the low-income
housing project.
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5.-.Mr.-'Youngblood reRorted that he had talked with Congressman Rogers
'about' the Community Child Care Center, who 'had. offered his aid in see-
ing that Delray Beach gets some~ further action in the event this organ-
ization ~cannot continue to function through the City. He said this
Community Chila Care Center Project had been set up to' be operated
through our own community efforts so it might not have to be involved
with the technicalities of the Government~ however, Mr. Rogers felt it
was a good project and would give all the assistance possible.
6.a. City Manager Gatchel informed Council that bids were solicited
from several qualified contractors for the construction of two water
supply wells, one to be located south of the intersection S. W. 8th
Court and S. W. 2nd Avenue~ the other to be located just north of the
Delray Beach Centrsl Fire Station; further-, the only two bids received
both qualify and meet all requirements, and it is recommended that
award of contract be made to the low bidder, namely, Pippen Well Drill-
ing, Inc., for the sum of $36,320.00. The City Manager reported that
the other bid received was from Alsay Drilling, Inc., in the amount of
$39,500.00. He also read a memorandum from the City Engineer, dated
September 17th, concerning detail of the bids and proposed construction
of the wells.
The low bid was unanimously accepted, as recommended, on motion by
Mr. Wilson and seconded by Mr. Youngblood.
6.b. Du~ to the resignation of Roy M. Simon as a regular member of
the Board of Adjustment, Mr. James L. Love, Jr., an alternate member
of that Board was unanimously appointed to fill the unexpired term of
Mr. Simon, term to expire on March 15, 1971, on motion by Mr. Youngblood
and seconded by Mr. Wilson.
Mr. Scheifley moved that Mr. Robert G. Cuttle, a young architect,
be appointed as an alternate member of the Board of Adjustment to fill
the unexpired term of Mr'. James L. Love, Jr., said term expiring on
March 15, 1972. The motion was seconded by Mr. Wilson and unanimously
carried.
6.c. Council was reminded that at the last regular meeting, and at
the request of the Board of Directors of-'~he Chamber of Commerce,
action was deferred on the proposed plak-for elimination of certain
parking spaces on East Atlantic Avenue, which plan was designed by
the District Traffic and Planning Engineer of the State's Department
of Transportation and recommended by Traffic Safety Officer Sgt. C. E.
Dalton and Police Chief R. C. Croft~
The City Manager presented a letter from the Chamber of Commerce,
dated September 16th, in which they submitted a proposed plan for im-
provement of traffic flow in the central business area. He also pre-
sented a letter from Mrs. Ethel S. Williams,~offering Lots 3 thru 9,
Block 85, and one from Mr. Neil E. MacMillan, offering Lots 18 and 19,
Block 100, for off-street parking purposes.
City Clerk Worthing read a letter from the Planning and Zoning Board,
dated September 22, requesting that the City Council have an in-depth
study of traffic circulation and access oriented to the central busi-
ness district and bridge problems expedited, immediately, which study
would lead to a permanent solution to the problems involved rather than
a quick change involving just one avenue of traffic.
Mr. LeRoy Merritt, Chairman of the Traffic and Parking Committee,
presented a proposal recommended by that Committee concerning the traf-
ficproblem.
Following lengthy discussion and comments on the traffic and park-
ing problem, Mr. Wilson moved that the offers from Mr. MacMillan'and
Mrs. Williams, of leasing land to the City for off-street parking pur-
poses, be referred to the Traffic and Parking Committee for their study
and'recommendation as to the feasibility of leasing either or both of
those parcels of land. The motion was seconded byMr. Youngblood and
carried unanimously.
Mr. Wilson moved that further consideration of the traffic problem
be deferred until tomorrow ntghtfor workshop session, the motion being
seconded by Mr. Youngblood and unanimously carried.
6.d. It was rel~orted that the three-year term of regular member
Armand B. Mouw, and alternate member Owen M. SOmerford, on the Con-
tractors Board of ~xaminers expire on.~ October 9, 1969, .and it is recom-
mended by the remaining members of that Board that said members be
reappointed, for three-year, terms - Et ~as so moved by~ Mr .~ Youngblood
seconded by Mr. Pitts and unanimously ca~ried.
6.e. Concerning membership on the Plumbing Board, it was reported that
Mr. Charles Clark requested that he .be excused from completing his
term of appointment, and that Mr. Robert C. Johnston has left this
area; further, that the City Plumbing Inspector, .along with the remain-
ing members of that BOard, recommend the appointment of Mr. Fred Conrad
and .Mr. Malcolm R. Tubbs to fill the unexpired terms of Mr. Clark and
Mr. Johnston which terminate at the. next annual appointment of Board
members. ·
Mr. Conrad and Mr. Tubbs were unanimously appointed to fill said
unexpired .terms on the Plumbing Board, on motion by Mr. Youngblood
and secOnded by Mr. Wilson.
7.a. A Public Hearing was held on the application of Mr. Carl Wilson,
for Certificate of Public Convenience and Necessity for- the operation
of one taxi and there were no objections to said applicatiOno
The applicant was not present, and said item was unanimously tabled
until the next regular meeting, on motion by Mr.-Scheifley and sec-
onded'by Mr. Pitts.
7.b. The requests of Mrs. Dorothea Galvin Montgomery and Dr. Greydon
G. Boyd, for gratis occupational licenses as a result of they having
passed their sixty-fifth birthdays, were unanimously granted, on motion
by Mr. Wilson and seconded by Mr. Scheifley.
7~c. Council was informed that to provide funds for unanticipated ex-
penditures during the current fiscal year, and to balance all budget
expenditure accounts, authorization is requested for transfer· of the
following appropriations, all being within the General Fund:
From~ 910 153 t04 Tax D~.!0~. 910 230'108~ Fire $ 8,600.00
910 171 410 P. Z. &.I. 910 241 102 Bldg. 1,275.00
910 126 101 Personal 910-333 212 Garbaae 6,100 00
CO ,1, 1 e~tio~, 150 [ O0
910 765 302 C. St~QngC~1910 333 212 ·
910 8 ·205 Cemeter 910 421 1. 00.00
910 851 432 " '910 335 421 " 1,700.00
910 771 508~ Beautifica~lO 335 421 " 400.00
tion
910 858 800 Contingenc!~ 334 441 Trash 15,000.00
Collection
Authorization for transfer of said funds was unanimously approved,
On motion by Mr. Pitts and seconded by Mr. Wilson.
?.d. Council was info~med' that Mr. C. R. Bingham, owner of an unim-
proved parcel of land located at 628 S. E. 5th Street, being a portion
of Lot 11, Block 1, Osceola Park, approximately 117 feet by 147 feet,
has petitioned for a zoning change from R-1AA to RM-1, and that this
request may be denied or be referred 'to the Planning and Zoning Board
for a public hearing to be held, followed by the Board's recommenda-
tion to Council.
Said request was unanimously referred to the Planning and Zoning
Board for Public Hearing, on motion by Mr. Scheifley and seconded by
Mr, Wilson.
7.e. Concerning Supplemental Agreements to the original contract with
Russell & Axon, dated September 30, 1959, City Clerk Worthing informed
COuncil that SuPPlemental Agreement No. 20 authorizes the engineers to
update the estimates of cost for the proposed Water Treatment Plant,
based upon final plans and specifications as presently exist, for the
total sum of $800.00; and Supplemental Agreement No. 21 authorizes the
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engineers to update the estimates of cost for the preliminary plans of
the proposed Southwest Drainage Project, for the total sum of $125.00.
Further, these assignments to Russell & Axon for updating cost estimates
were approved and authorized by Council at its last regular meeting
and it is requested that Council now authorize the execution, by the
proper City officials of these two Supplemental Agreements in. confirma-
tion of that action. It was so moved by Mr. Youngblood, seconded by
Mr. Pitts and unanimously carried. (Copies of said Supplemental Agree-
ments are attached to the official copy of these minutes.) See pages
150-A and B.
7.f. Council was informed that the Trinity .Lutheran Church has sched-
uled special church services for next Sunday, September 28, to be held
outdoors on their grounds o~North Swinton Avenue at 4th Street, and
in the event of unfavorable weather for such an-event, use of the Com-
munity Center's gymnasium is requested. Said request was unanimDusly
granted, on motion by Mr. Scheifley and seconded by Mr. Wilson.
7.g. Concerning the Replat. of GM'$ ACRES, City Clerk Worthing in-
formed Council that this tract of land, comprising approximately 4~
acres, lies between South Federal and Old .Dixie Highways, .in the 2200
Block, and this determined replat has been approved by the Planning
and Zoning Board, as.well as the County Commission, the County Engineer,
and the County's Right-of-Way Agent inasmuch as it provides dedication,
for public right-of-way purposes, of the west 76 feet of the land ac-
quired by the intended developers, and is in exchange fOr an unopened
80 foot wide dedicated Dixie Boulevard extending through this property.
This dedication of 76 feet, combined with the now existing 30 foot
right-of-waY of Old Dixie Highway provides a 106 foot public road,
meeting the approval of the County and its Right~-of-Wayand Engineering
Departments for future main arterial highway plan and over-all road
development.
Further, Council .approval and acceptance of this replat of GM'S
ACRES is recommended, together with authorized exec.ution of same by
proper City officials, SUBJECT to the. certification thereof by the
City Engineer, Mr, Mark Fleming, that all facilities and other condi-
tions, as required by the City's ordinances relating to land develop-
ment, have been provided for.
The Replat of GM'S ACRES was unanimously approved and accepted,
and authorization given for execution of same by proper City officials,
subject to conditions as recommended, on motion by Mr. Scheifley and
seconded by Mr. Pitts.
8.a. The City Clerk presented RESOLUTION NO. 39-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
TERMINATION OF A LEASE, DATED AUGUST 22,
1949, BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA, (THE LESSOR}, AND LAKE VI~W HOSPi-
TAL ASSOCIATION, INC., (THE LESSEE)..
(Copy of Resolution No. 39-69 is attached to the official copy of
these minutes.) See page 150--J.
Resolution No. 39-69 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Wilson.
8.b. The City Clerk presented RESOLUTION NO. 40-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY .BEACH, FLORIDA, PROPOSIN~ PALM BEACH
COUNTY. COMMISSION APPOINTMENT' OF AN ADVISORY
COMMITTEE TO SUBMIT A COMPREHENSIVE, C~NTY-
WI.DE RECREATION PLAN AND PROGRAM FOR CON .....
S IDERATI ON.
9-22-69
(COpy of Resolution No. 40-69 is attached to the official copy of
these minutes.) See page 150cF.
Resolution No, 40~69 was unanimously passed an~ adopted on this
first and final reading, on motion, by Mr. Wilson and seconded by Mr.
Scheifley.
It was suggested that City or Council representation on this
Recreation A~visOry Committee be considered at the next workshop meet-
ing.
8.c. The City Clerk presented RESOLUTION NO. 41-69..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY B .EACH, FLORIDA, AUTHORIZING AND IN-
STRUCTING THE' PISCAL AGENTS TO PROCEED WITH
FINANCING PROJECTS IN AN AMOUNT OF $4,000,000.00
TO BE FINANCED BY GENERAL OBLIGATION BONDS.
(Copy of Resolution No. 41-69 and proposal agreement with sa~d
fiscal agents are attached to the off,cia1 copy of. these minutes.)
See page 150-G and also pages 150-C-E.
Resolution No. 41-69' was unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Wilson.
8.d. The City Clerk presented ORDINANCE NO. 32-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTIONS 29-4
PARAGRAPH (B) ~ 29-5 PARAGRAPH (B) SUB-PARAGRAPH .
(b)~ 29-7.1 PARAGRAPH (H)~ 29-7.2~ ALL WITHIN
CHAPTER 290F THE CODE OF ORDINANCES AND PER-
TAINING TO SITE PLAN APPRO~_ED PUBLIC UTILITIES
IN R-l, R-lA, R-iAA, R-1AAA, R-1AAAB, C-1 AND
¢-2 ZONING DISTRICTS.
(Copy of Ordinance No. 32-69 iS attached to the official copy of
these minutes.) See page 150-H.
A Public Hearing having been legally advert£eed 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. 32-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on mOtion by Mr. Scheifley and seconded by Mr. Wilson.
8.e. City Clerk Worthing presented EMERGENCY ORDINANCE NO. 36-69.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A,
SECTION 14A-8, CODE OF ORDINANCES'OF THIS CITY, PER-
TAINING TO SERVICE CHARGES OR FEES FOR COLLECTION OF
GARBAGE AND TRASH; ALSO PROVIDING FOR ADDITION TO THE
CODE OF' ORDINANCES LEVYING ADDED COURT COSTS IN ADDI-
TION TO THOSE IMPOSED BY CHAPTER 69-111 OF THE STATE
STATUTES ~ AND PROVIDING FOR AN EFFECTIVE DATE.
(Copy of ~ergency Ordinance No. 36-69 is attached to the official
cOpy of these minutes.) . See page 150-I.
The City Clerk then read a letter from R. C. Dorman, 1338 S. W.
22nd Avenue, objecting to an increase in the garbage and trash collec-
tion rates until a schedule of trash and garbage collection can be
established and published, and a reasonable time period, perhaps
thirty days, be set to test whether or not the schedule is realistic
and workable.
There was a complaint of insufficient trash containers in the
business area. During lengthy general discussion, the City Manager
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assured Council that needed additional containers are in the process
of being obtained.
Mr. Scheifley moved that Emergency Ordinance No. 36-69 be passed
and adopted on this first and final reading, the motion being seconded
by Mr. Pitts. Upon call of roll, Mr. Pitts, Mr. Scheifley, Mr. Wilson
and Mayor Saunders voted in favor o~ the motion and Mr. Youngblood was
opposed. .-.
8.f. The City Clerk presented ORDINANCE NO. 37-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE DELRAY BEACH
SUPPLEMENT TO THE SOUTHERN STANDARD BUILDING CODE
BY ADDITIONS AND/OR AMENDMENTS TO SAID SUPPLEMENT
OF THE SOUTHERN STANDARD BUILDING CODE (ORDINANCE
NO. G-225) FOR THE CITY OP DELRAYB~ACH, FLORIDA.
· Ordinance No. 37-69 was unanimously Placed on first reading, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
9.a. The City Clerk reported that the Planning and Zoning Board, fol-
lowing publication of proper public notices, held a Public Hearing on
the proposed development by Joyce of Florida, Inc., of Lots 319 through
330 and Lots 403 through 410, Tropic Isle 3rd Sectionl Lots i and 2,
Block 1, and Lots 1. and 2 and Lots 5 through-20, Block 2, First Addition
to Del-Raton Park, as well as the adjoining portion of Section 28-46-43,
which lies east of Spanish Trail, north of Gardenia Drive, south of
Dogwood Drive and 'west of said Lots 319 through 330, and that the
Planning and Zoning Board, with five members present, unanimously
recommend that Council grant approval to said Site Plan.
Objections to the proposed development of the land were voiced by
Mr. George Aspinwa11, "-President of the Tropic Isle Civic Association
and by Mr. Wallace J. Schuck, which they believe to be in conflict
with Resolution No. 1393, adopted by Council in March, 1962, and other
deed restrictions.
Mr. Arthur Strock, Engineer for the petitioner, displayed sketches
and explained in detail the proposed development of said property.
Following general discussion, Mr. Youngblood moved to sustain the
recommendation of the. Planning and Zoning Board in approving said Site
Plan, the motion being seconded by Mr. Pitts. Upon call of roll, Mr.
Pitts, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of
the motion, and Mr. Scheifley abstained from voting. He qualified his
action in that if he voted~on this item, it could possibly be considered
a conflict of interest since he was one of the organizers of the Tropic
Isle Civic Association and has been President and a Director of said.
Association.
the Fl°rida Power & Light Company requesting a change of Zoning from.
C-2 to C-3 of the East 67 feet of the West 400 feet of the South 400
feet of the North 450 feet of Lot 21, Section 20-46-43, the Planning
and ZOning Board, following a public Hearing on said petition, recom-
mend that the re'quest be granted.
The recommendation of the Planning and Zoning Board was unanimously
sustained in granting said rezoning request, on motion by Mr. Scheifley
and seconded by Mr. Wilson.
This item was taken care of under presentation of items by
'Councilmen.
9.d. City'Clerk Worthing read the Beautification Committee meeting
minutes of September 10, 1969, in which Council action was requested
on the following item. "Mrs. Parber pointed out the build-up of junk
cars along N. W. 4th Street."
It was stated that the City'participates in the COunty program of
junk car removal and they work in this area as often as possible.
-7- 9-22-69
:.150
/
Mayor Saunters reported that letters had been sent to automobile
dealers on the Federal Highways and will be followed up by visits of
members of the Beautification Committee regarding setbacks.
10.b. Regarding sale of General Obligation Bonds, Mr. Pitts reported
he has read where Ocala has just sold Revenue Bonds for 5.9 per cent
which would be harder to sell than Obligation Bonds; further, Homestead
sold $2,400,000.00 of bonds at 6.08 per cent, so it looks encouraging
for Delray Beach.
10.b. Mayor Saunders reminded Council of a workshop meeting scheduled
for Tuesday night, September 23, at which time several items need to
be considered.
10.b. City Clerk Worthing read the following letter, dated SePtember
17, 1969, from Mr. Chester P. Grant, owner of Delray-Acme Taxi Com-
pany:
"We feel that a slight raise in our taxi fare is imperative
if we are to remain ~n business without going in the red.
The present rate of fifty cents for the first mile is What
is hurting us the most, due to the fact that more than fifty
per cent of our trips are one mile or less.
The min:.imum cost of operation is thirty cents per mile,
· which leaves twenty cents on a one mile trip; the driver
receives forty per cent of the fare which takes care of
the twenty cents.
I believe we should get seventy-five~ cents for the first
mile and twenty-five cents for each additional half mile
or any fraction and fir.fy for each additional full mile."
The City'Clerk advised that a similar request was submitted last
October by an individual taxi operator, and the city Manager notified
all operators and arranged a meeting which was held in the Conference
Room, and due to a final concurrence of the majority of those taxi
owners and the Administration, Ordinance No'. 31-68 was adopted, which
provided for a slight increase in the Taxi fares, it being the first
increase in o~ twenty years. It was suggested that this letter be
referred to the City Manager for consideration and recommendation to
Council, possibly in a manner similar to the previous request, with
all Taxi OperatOrs being consulted.
10,b. Mayor Saunde~s introduced Mrs. Grace S. Martin, a council
candidate fOr the :.coming election.
He also acknowledged the presence of former Vice-Mayor James H.
Jurney and Mrs. Jurney and former Councilman LeRoy W. Merritt.
10,c. City Clerk Worthing presented Bills for Approval as follow~:
General Fund $197,808.28
Water· ReVenue Fund 49,149.64
Water Operating & Maintenance Pund 7,735
Sewer Revenue Fund 37,0C0.00
Capital Improvements Construction Fund 48,182.54
Cigarette Tax Fund 36,'208.43
The bills were unanimously approved for ~payment, on motion by Mr.
W~lson and seconded by Mr. Youngblood.
The meeting adjourned at 11:40 P.M.
MAYOR
150-A
SUPPLEMENTAL AGREEMENT NUMBER 20
TO
CITY OF DELRAY BEACH, FLORIDA
WHEREAS, the City of Delray Beach, hereinafter referred to as the
OWNER, and Russell 6, Axon, Consulting Engineers, Incorporated, here-
inafter referred to as the ENGINEERS, entered into a contract for engi-
neering services dated the 30th day of September, 1959, and
%VHEREAS, by letter of Iune 16, 1965 the OWNER authorized the
ENGINEERS to prepare construction plans and specifications for improve-
ments to the Vv~at'er Treatment Plant facilities, and
%VHEREAS, the ~NGINEERS have informed the O%VNER that the
existing estimates of ~ost for the proposed %Vater Treatment Plant im-
provements are now obsolete due to recent rises i'n construction costs
and should therefore be updated in conformity with current prices.
NO'vV, THEREFORE, the parties hereto mutually agree as follows:
1. O%VNER aUthorizes ENGINEERS to immediately update the esti'-
mates of cost for the proposed %Vater Treatment Plant improvements, based
upo.n final plans and specifications as presently prepared; and tlc'at such
revision of estimates shall be accompanied by a preliminary estimate of
cost for the addition of lime-softening facilities, based upon preliminary
design information to be developed as required for this estimate.
2. The O%VNER will pay to the ENGINEERS the sum of $800, upon
completion of the work herein described and upon receipt of invoice there-
fore.
3. Other terms and provisions of the above-cited contract and
letter of authorization shall remain in full force and effect, unless
modified by subsequent agreement.
Executed this . day of , 1969
CITY OF DELRAY BEACH, FLORIDA
/ MAYOR
CI~ CLERK~....~.- CONSULTING ENGINEERS~ INCO~O~TED
ATTEST: By Authorized Officer
Authorized Officer
150-B
SUPPLEMENTAL AGREEMENT NUMBER 21
TO
CITY OF DELRAY BEACH, FLORIDA
V7HEREAS, the City of Delray Beach, hereinafter referred to as the
OWNER, and Russell & Axon, Consulting Engineers, Incorporated, here-
inafter referred to as the ENGINEERS, entered into a contract for engi-
neering services dated the 30th day of September, 1959, and Supple-
mental Agreement Number 10, dated the 26th day of July, 1969, for
specialized engineering services relating to Storm Drainage in the S. W.
section of Delray Beach, and
WHEREAS, the engineers have previously prepared a preliminary
engineering study and cost estimate to accompany the ~ity's application
for federal financial assistance, submitted to the Department Of Housing
and Urban Development in February 1968, and
WHEREAS, the ENGINEERS have 'informed the OWNER that recent
rises in construction costs be rendered the previous estimate obsolete,
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. OWNER authorizes and directs ENGINEERS to immediately
update and revise the cost estimates for the preliminary plans of the
proposed S. W. Drainage Project as submitted to the Department Of
Housing and Urban Development, to reflect current construction and
installation cost.
2. The OWNER would pay to the ENGINEERS the sum of $125
upon completion of the work herein described and receipt of invoice
therefore.
3. The terms and projects of the CONTRACT between the parties
dated September 30, 1959, and Supplemental Agreement Number 10,
dated luly 26, 1966, shall remain in full force and effect other than
as modified by this Supplemental Agreement Number 21.
Executed this day of , 1969
CITY OF DELRAY BEACH, FLORIDA
'~' MAYOR
CITY CLERK/--' CONSULTING ENGINEERS, INCORPORATED
ATTEST: By
"Authorized Officer
Authorized O~ficer ~
150-C
:
AGREEMENT
This Agreement, made and entered into this day of , 1969,
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the
State of Florida, (hereinafter referred to as the "City") and GOODBODY & CO., and
REYNOLDS & CO., partnerships having their principal offices in New York, New York,
(hereinafter together referred to as the Financial Consultants),
Witnesseth:
Whereas, the City is a body politic and corporate created under the laws of the
S~ate of Florida and is em~p~owered to make and enter into contractual arrangements;
and
Whereas, the City has determined that it is necessary to retain the services of
the Financial Consultants in connection with the authorization, issuance, sale and
delivery of the City's General Obligation Bonds for financing capital improvements
at an estimated cost of FOUR MILLION DOLLARS ($4,000,000).
Now, therefore, the parties hereto do hereby agree as follows:
1. SERVICES TO BE PERFORMED: During the term of this Agreement, the Financial
duties customarily and usualy performed by financial consultants retained by comparable
municipal corporations. The Financial Consultants will prepare and pay for the
Proposal Form, Notice of Sale and Official Statement, bond sale advertising charges,
bond printing costs, and their own out of pocket expenses. Ail other costs and
expenses relating to the authorization, issuance and sale and delivery of the Bonds
will be the responsibility of and paid for by the City.
2. FEES AND EXPENSES: The City shall pay to the Financial Consultants for
their services with respect to this financing a fee of TWENTY THOUSAND DOLLARS
($20,000) for FOUR MILLION ($4,000,000) voted ad valorem tax bonds. Such compensation
to be payable only when', as and if the Bonds are sold and delivered. In the event
150-D
that less than $4,000,000 o'f bonds are approved by the City's freeholders, the fee
shall be reduced to an amount mutually acceptable to the City and th.e Financial
Consultants.
3. DURATION OF AGREEMENT: The term of ~hts A~rmmment shall commencm on the
date of this Agreement and shall remain in effect for a period of one year from the
date thereof; provided, however, that if the Financial .Consultante have incurred
expenses and rendered substantia.1 services during 'such one .year period and if the
proposed bond issue has not been sold within such one year period~ this Agreement
shall be extended by mutual consent for a period of time sufficient to complete the
financing herein contemplated.
4. ADDITIONAL SERVICES BY THE FINANCIAL CONSULTANTS: During the term of this
Agreemen. t, the Financial Consultants, if so requested by the City, may act, but
shall not be required to act, to place obligations of the City privately with pur-
chasers for an additional fee to be mutually agreeable between the City and the
Financial Consultants.
The Financial Consultants may bid at the public sale of such bonds to be held
in the manner provided by law.
This Agreement shall not be construed in any event, to prevent the Financial
Consultants from purchasing or selling obligations of the City after any primary ~
offering or sale of such obligations has been made, in the ordinary course of the
Financial Consultants' business as investment bankers.
5. LIMITATION OF LIABILITY: The Financial Consultants will exercise their
best judgment in all matters concerning the subjects of this Agreement, but'shall
not be liable to the City or to others., directly or indirectly, for any action or
adPice rendered by them in good faith. This Agreement is made solely for the benefit
of the City'.and the Financial Consultants and shall constitute the sole Agreement
between them in this regard,
150-E
$. RELATIONSHIP: The duties, obligations and responsibilities of the parties
hereto shall be thOse expressed in this Agreement and this Agreement'shall in no way
impair the Financial Consultants' right to act on behalf of any other party or parties.
In Witness Whereof, the parties hereto have executed this Agreement as of the
date heretofore designated,
GOODBODY & CO.
/
REYNOLDS & CO.
CITY OF DELRAY BEACH, FLORIDA
By
Mayor
ATTEST: (With Seal)
City Clerk
APPROVED:
City Attorney
-3-
150-F
.RESOLUTION NO. 40-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH', FLORIDA, PROPOSING
PALM BEACH COUNTY COMMISSION APPOINTMENT
OF AN ~ADVISORY COMMITTEE TO SUBMIT A COM-
PREHENSIVE', COUNTY-WIDE RECREATION PLAN
AND PROGRAM FOR CONS~DERRTXON.
WHEREAS, the popUlation of Palm Beach County is in-
creasing at a high rate: and will continue to increase at
such high rate~ and
WHEREAS, access to and availability of recreation
areas and facilities and the opportunity to engage in recre-
ational activities is essential to the physical, mental, and
social well-being of the people~ and
WHEREAS, the increasing cost of land and water re-
sources suitable for recreation purposes is such that ex-
penditure of public funds for acquisition and development
of recreation areas and facilities should be made in accord
with a competent and comprehensive master recreation plan.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF
DELRAY BEACH, FLORIDA, endorse and support the proposal
that the BOard of County CommiSsioners of Palm Beach County,
Florida shaI1 appoint an Advisory committee with the duty
of considering and submitting recommendations to Palm Beach
County and to its several municipalities as to the most
appropriate manner in which a comprehensive, county-~, .
recreation plan and Program:can be developedand
mented.
PROVIDED that nothing in this resolution shall be
So construed as tO~.imply an obligation to accept and act
upon any recommendations of said Advisory Committee with-
out the express and specific approval of this body.
Passed and adopted in regular session on this the
22nd day of September, 1969.
/S/ $. L. Saunders MAY
ATTEST:
/S/.R.D. Worthing .
City Clerk
150'G
RESOLUTION ~O. 41-69.
A RESOLUTION OF THE CITY COUNCIL OF TH~
CITY QF DELRAY B~C~ FLORIDA, AUT~{OR-
IZING. AND INSTRUCTING .THE FISCAL AGENTS
TO PROCEED WIT~ FINANCING FOR CAPITAL
IMPROVEMENT PROJECTS IN AN AMOUNT OF
$4,000,000.00 TO BE FINANCED BY GENERAL
OBLIGATION .BONDS. ·
WHEREAS, the City Council of the City of Delray
Beach, Florida, deems it .in the best interests of the
citizens of this City to enter into an agreement with
~oodbody & Co., and Reynolds & Co., employing said compa-
nies to act as fiscal .agents for the City relative to
financing for certain capital improvement projects.
NOW, THEREFORE, BE !TR~$OLV~D BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Goodbody & ¢o., and Reynolds & Co.,
as fiscal agents for this City, are hereby authorized .
and instructed to proceed with the financing of certain
contemplated capital improvement projects in an amount
of $4,000,000.00 to be financed by General Obligation
Bonds.
Section 2. The Mayor is hereby authorized to
execute a ~roposal agreement with said fiscal agentsa
copy of which is attached hereto and made a part hereof.
PASSED AND ADQPTED by the City Council of the City
of Delray Beach, Florida, on this the 22nd day of
September , 1969.
/S/ J. L. Saunders
ATTEST:
/S/ R~ D-..~°.rt~ing City Clerk
150'H
ORDINANCE NO. 32-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAYBEACH, FLORIDA, AMENDING SECTIONS 29-4
PARAGRAPH (B)~ 29-5 PARAGRAPH (B) SUB-PARAGRAPH
(b}; 29-7.1 PARAGRAPH (H)= 29-7.2= ALL WITHIN
CHAPTER 29 OF THE CODE OF ORDINANCES AND.PER-
TAINING.TO SITE PLAN APPROVED PUBLIC UTILITIES
IN R-l, R-lA, R-1AA, R-1AAA, R-1AAAB, Q~i AND
C-2 ZONING. DISTRICTS. ~.
WHEREAS, the City Council of the City of Delray Beach,
Florida, has determined to extend "Conditional Uses", as now provid-
ed '.and set forth in Chapter 29 of the City's Code of Ordinances, to
include limited "Utilities" in all Zoning Districts within the City;
and ,
WHEREAS, any such "Utility Use"..-of properties within the
hereinafter described Zoning Districts~sha11 be subject to review,
and public hearing thereon, to be held a~d conducted by the Planning
and Zoning Board as prescribed and set forth in Section 29-7.5% Chap.
ter 29 of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS=
SECTION 1. That Paragraph (B) of Section 29-4 be amended
by adding Sub-Paragraph (d) to read as follows:.
"(d) Public Utilities which Uses may be allowed
subject to compliance with Section 29-7.5% .(Site
Plan Approval)."
SECTION 2. That Sub-Paragraph (b} of Section 29-5 Paragraph
(B) be and the same is hereby amended to read as follows:
"(b) Public Utilities which Uses may be allowed
subject to compliance with Section~29-7.5% (Site
Plan Approval)."
SECTION 3. That Paragraph (H) of Section 29-7.1 be amended
by adding Sub-Paragraph (2) to read as follows:
"(2) Public Utilities which Uses may be allowed
subject to compliance with Section 29-7.5½ (Site
Plan Approval)."
SECTION 4. That Section 29-7.2 ~e amended by adding para-
graph (D) CONDITIONAL USES to read as follows:
"(D) CONDITIONAL USES.
(1) Public Utilities which Uses may be allowed
subject to compliance with Section 29-7.5% (Site
Plan Approval)."
PASSED and ADOPTED on second and final reading on this the
22nd day of September , 1969.
/S? J: L. Saunders
ATTEST~ M A Y O R
/S/ R. D Wort,hin.q
'City CLerk
First Reading A.ug.us...t' 2.5, 1969 Second Reading... September 22, 1969
\ O~INANCE' NO. 3 3-$ 9.
AN ORD OF TIlE CITY COUNCI~ OF TflE C~Y
OF BEACH, FLORIDA,.' AMENDING SUB-SEC-
TION (C} SECTION 9-9-7, CHAPTER 29 OF THE
CODE ,INANCES OF THIS CITY PERTAINING
TO HEIGHT REGULATIONS IN RM-1
MULTIPLE eLY D. WELL~NG' DISTRICT,
NOW, BE IT ORDAINED BY THE. CITY COUNCIL OF
THE CITY OF DELRAY BEA FLORIDA, AS FOLLOWS:
SECTION 1. (C), Section 29-7, Chapter 29
of the Code of Ordinance-, the City be and the same is here-
by amended to read as ..
"(C ) REGULATIONS.
Bu: may be .~cted to a height not
exceeding 23) feet, measured
from the h grade to the ceil-
ing of highest floo~ The height require-
ments exceeded on y by special excep-
tion as [bed in tion 29-7.5% (Site
Plan ), provided however, that no
specia exception shall be granted which
would ~llow any building to exceed one
,d and twenty-two (122) feet in height."
SECTION 2. All ordinances, or parts thereof, in con-
flict herewith, be, and the same are hereby repealed.
PASSED in regular session on' the second and final
reading on this the day of , 1969.
ATTEST:
----' City Clerk ........
First Reading ...... _.~ . ..........
Second Reading . -- _ _
150-I
ORDINANCE NO. 36-69.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY B~ACH, FLORIDA, AMENDING CHAPTER 14A,
SECTION 14A-8, CODE OF ORDINANCES OF THIS CITY, PER-
TAINING TO SERVICE CHARGES oR FEES FOR COLLECTION OF
GARBAGE AND TRASH; ALSO PROVIDING FOR ADDITION TO THE
CODE OF ORDINANCES LEVYING ADDED COURT COSTS IN ADDI-
TION TO THOSE IMPOSED BY CHAPTER 69-111 OF THE STATE
STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is deemed necessary for the best interests of the
City of Delray Beach to revise the present rate schedule for garbage
and trash collections; and
WHEREAS, the new fiscal year commences October 1, 1969, and
it is necessary to pass this Ordinance on an emergency basis to pro-
vide sufficient funds for implementing the budget appropriations here-
tofore adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS~FOLLOWS:
Section 1. Chapter 14A, Section 14A-8 (a), Code of Ordinances
of this City, be, and the same is hereby amended to read as follows:
"Sec. 14A-8. Service charge or fee.
(a) Schedule:
Class Description " Fee Per Month
I Each Dwelling Unit $ 3.00
2 Hotels (Plus any applicable restaurant fee) 9.00
3 Restaurants, Bars and Lunch COUnters
Less than 50 cu.ft, per week 6~00
At least 50 cu.ft, but less than 100 cu.ft, per week 15~00
At least 100 cu.ft, but less than 300 cU.ft~ per week 24.00
Over 300 cu. ft. per week 45.00
4 Offices (Minimum per group $3.00 per month) Each .75
5 Commercial or Business Establishments
(Having less than 50 cu. ft. per week) 3.00
(At least 50 cu. ft. but less than 100 cu. ft. per week) 9.00
(At least 100 cu. ft. bUt less than 300 cu. ft. per
week) 21.00
(At least 300 cu.ft, but less than 1000 cu.ft, per
week) 45. O0
(lO00 cu.ft, per week and over) 210.00"
Section 2. That the following Section be added to the Code
of Ordinances:
"Court Costs.
The municipal Judge shall levy a City court cost
of $10.00 against each convicted defendant in addi-
tion to any fine which might be imposed against said
defendant and shall be in addition to the court costs
imposed by Chapter 69-111 Laws of Florida."
PASSED AND ADOPTED as an Emergency Ordinance this 22nd day of
September, 1969, to be effective October 1, 1969.
.~/.S./...J....L. Sa-u_nders . ........
ATTEST: M A Y 0 R'
City Clerk
994
150-J ~
RESOLUTION NO. 39-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROViDiNG 'FOR THE
TERMINATION OF A LEASE, DATED AUGUST 22,
1949~ BETWEEN THE CITY OP DELRAY BEACH,
FLORIDA, (THE LESSOR), AND LAKE VIEW HOSPI&
TAL ASSOCIATION, INC. ,.. (THE LESSEE).
WHEREAS, the City of Delray Beach entered into a Lease with
the LAKE VIEW HOSPITAL ASSOCIATION, INC., on August 22nd,. 1949,
as recorded in Official Record Book 892, Page 500, of the Public
Records of Palm Beach County, Florida; and
WHEREAS, the LAKE VIEW HOSPITAL ASSOCIATION, INC., has made
no use of the property; and
W~EREAS, the City has need of the' property for. other worthy
civic, public or charitable purposes~ and
WHEREAS, pursuant to the terms of the Lease, ninety days
notice of termination was given by Certified mail to all known
Directors and Officers of the LAKE VIEW HOSPITAL ASSOCIATION,
INC., on April 24, 1969; and
WHEREAS, a return receipt showing delivery of said Certified
mail to all Directors and Off~ce~' of the LAKE VIEW HOSPITAL ASSO-
CIATION, INC., has been received and are on file in the office of
the City Clerk of the City of Delray Beach; and
WHEREAS, the ninety 'days have passed and"no objections have
been heard from the I~%KE VIEW HOSPITAL ASSOCIATION, INC,
NOW, THEREFORE, BE IT RESOLVED that the City of Delray Beach,
Florida, has terminated its Lease with the LAKE VIEW HOSPITAL AS-
SOCIATION, INC., on the following property:
Lots One (1) thru Six (6} inclusive, and
Lots Nineteen (19) thru Twenty-two (22)
inclusige, Block B, West Side Heights, a
Subdivision of the City of Delray Beach,
Florida, according to the plat thereof-on
f%le in the public ~ecords of Palm Beach
County, Florida, in Plat Book 13, Page 61.
IT IS FURTHER RESOLVED that the City Clerk of the City of
Delray Beach shall record this Resolution in the :Public Records
of Palm Beach County, Florida and send copies thereof to the
Directors and Officers of the LAKE VIEW HOSPITAL ASSOCIATION,
INC
·
PASSED AND ADOPTED this 22nd day of September, 1969.
/S/ J. L. SaUnders .~ M A Y O R
ATTEST:
City Clerk