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10-29-69 OCTOBER 29, 1969. A regular meeting of the City Council ofthe 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~ 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 delivere~ by Dr. Warren J.. Nubern. 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 October 13th and special meeting of October 24th, 1969, were unanimously approved, on motion by Mr. Wilson and seconded by Mr, Pitts. 4. City Clerk Worthing read the following letter from Mr. Jack G. Decker, Swimming COach of the Delray Beach Junior High School, dated October 21, 1969~ "On behalf of the boys and girls who are members of the Delray Beach Junior High School swimming team, I want to thank you for the use of the Delray city swimming pool. We are most appreciative of your decision tO extend the use of this pool. This will enable us to complete our competitive season. I personally feel this council sh°uld be commended for this most co-operative relationship with our school system. Your action has directly benefited these fine young people .that represent our schOol and your community." x. Mayor Saunders introduged Mrs. Grace Martin and Mr. Donald Elliott, Council Candidates for the coming election, and also mentioned that Councilmen .Wilson and Youngblood and himself had filed for their respective offices. 5. Mr. Pitts said that he wanted to.make a brief report on the League of Municipallties~Convention, and continued: "There will be a com- plete reportin detail in the Florida Municipal Record. This was the Fl°rida League of MunicipalitiesConvention at Daytona Beach, October 26, 27 & 28, 1969, and was attended by City,Manager Dave Gatchel, City Attorney Bob Fellows, Councilman Jim Scheifley and myself. The highlights of the meeting were as follows: 1..The outgoing President of the League, ~ean Claussen, recommended that the Cities keep in much closer touch with all new legislation, and how it could be applied. 2. That there are now 390 cities in the Florida League of Municipali- ties, representing 90 per cent of all the people in Florida in incor- pora%ed areas. In the last 20 years, Florida MUnicipalities have in- creased 50 per cent. 3. The National Legislation Committee suggests that constant pressure be kept on our Congressmen to defeat the tax reform bill as it is now proposed, and that the bill has been pigeon,holed at this time by the Senate Committee. 4. That one.member of the Council should study and report on new legislation to the Council periodically. 5.. That the Home Rule P~wers, as delegated by the new Constitution, be exercised to the fullest extent.that the Cities may not lose these powers. -1- 10-29-69 6. That the Cities work together to obtain the return of .01~ gas .' tax to the Cities. 7. Assurance by HUD Regional Ad~ninistrator that HUD will furnish money for plans and studies on construction work. That planning is the first requisite for a HUD program. Delray Beach is eligible for assistance in this respect under the small towns services, which include cities from 5,500 to 50,000 people. 8. That a system of priorities is the number one priority. 9. That Federal Funds for the 'Crime on the Streets Act' is not now sufficient to filter down to municipality levels, and that the region is the smallest subdivision. There are seven regions in the State. This will be the continuing situation for the next three to five years. With respect to that, I know we were hoping we would be able to get some of that money for the City of Delray Beach, but. apparently it will only come down' throUgh...th~, region. 10. The suggestion thatHome Rule will be meaningless unless the 1970 Legislature gives Cities more sources of revenue. 11. Expert opinion that Florida's new constitutional laws concerning bonds and bond issues are good. 12, That HOuse Bill No. 3203, which would have a.State Labor Relations Board, should be p~oteeted on the grounds that it would cause unrea- sonable delay to any labor negotiations that the municip&lities should be able to handle with their own bargaining. 13. A resolution to Legislatures to repeal sales tax on City purchases, including fuel oils. 14. A resolution to remove ceiling interest on municipal bonds. 15. To amend 'the 'Sunshine Law' to allow preliminary discussions, personnel d~scussions, matters of litigation, and other related items. 16. To amend 'Conflict of Interest Law' concerning public officials doing business with individuals or concerns licensed by State, County, or City, as the case may apply. 17. That it is possible to obtain 50 per cent Government Funds for sand nourishment of our beach. More about this at Redington Beach. The convention that we are all going to in early November." 5. Mr.'SCheifley re~orted on said Convention as follows: "The Con- ference was most interesting and most helpful. Yesterdaymorning at Daytona the members of the Delray Beach del- egation were invited to attend a meeting at 7~45 A.M., in the Plaza Hotel. All of the municipal officials from Palm Beach County were invited. Mr. Pitts and I attended that meeting at 7~45. The regular schedule didn't start until 9 o'clock. It was well attended by City officials, Mayors, Councilmen and .City Attorneys. They limited it, there were no outs iders. The purpose of the meeting was to suggest the formation of a Municipal League of Municipalities for Palm Beach County, and there was an overwhelming approval of this idea. In fact, I don't think the=e was any opposition. Mr. Pitts and I took the position that we could not speak for the City of Delray Beach, we were-only speaking as individuals. They went ahead and organized, and elected as PreSident, Mayor Bradley of Lake -2- 10~29-69 Worth. As Vice-President, they elected Mayor Danciu of Boca Raton, and as Secretary-Treasurer, they elected Shirley Cole, a Councilwoman from North Palm Beach. Although they were limited ~in .time, they decided that they would hold an organizational meeting for all City officials on Friday, No- vember 14th. We will be notified of this, but it will be a more formal organization of the group. Several .of the Mayors and City officials felt very strongly that this organization should be formed, and various reasons were discussed that I won't go into now. For instance, they felt Very strongly that the headquarters of- the League .of Municipalities should ..be moved from Jacksonville to Tallahassee. They felt they should go where the action is,. and that they could lobby more effectively in behalf of the municipalities in Palm Beach County. . They felt that they could better work with the Palm. Beach County Delegation if they were in Tallahassee and, of course, there isn't going to be full agreement among the municipalities on the various things they are interested in. They talked about the millage cap, whether the tax collection should be optional on the part of the municipalities or be combined as we have done it with the County, and things of that nature. They also suggested, and there seemed to be sort of an agreement, that the dues for this for each municipality should be .01¢ per per- son per year. For Delray Beach that would be approximately $200.00, if we have a population of 20,000. They will meet on November 14th, and between now and then, I think we should discuss this and decide what we are going to do. Personally, I think it is an excellent idea, even though I say we may not be in complete agreement. Mayor Danciu is very anxious to get~ the feeling of the .municipalities on the County Bond Issue election on November 4th, and things of that nature. They want the City Attorneys to get together to draft sort of a constitution for this group." 6.a. In compliance with Section 12-1 of the City's Code of Ordinances, Mayor Saunders gave the following ELECTION PROCLAMATION: WHEREAS, the Charter of the City of Delray Beach, Florida, provides for a Primary Election for the purpose of nominating four Council Member Candidates for the next General Election, and .'.WHEREAS, in pursuance of sai~ Charter provisionS, it is provided that a Primary Eleotion shall be held two weeks prior to the first Tuesday in December. NOW, THEREFORE, I, J. L. SAUNDERS, Mayor of the City of Delray Beach, .Florida, do hereby call for such Primary Election to be held on Tuesday, November 18th, 1969, between the hours of 7:00 A.M., and 7:00 P.M., the Polling Place to be located at the Community center Building, 5.0 N. W. 1st Avenue, 'in the City of Delray Beach, Florida. Ail qualified electors of the City of Delray.Beach, Florida, shall be qualified to vote in such election. Dated at Delray Beach, Florida, on this the 29th day of October, A~D., 1969. 6.b. City Manager Gatchel said that in compliance with Section 12-5 of the City's Code of Ordinances~, _Council should determine the quali- fications of the following candidates, having filed for public office on the Council for two-year t. erms commencing on the Pirst Monday in January, 1970: -3- 10-29-69 FOR MAYOR: JAMES H. JURNEY JACK L. SAUNDERS FOR COUNCILMAN: CLIFFORD H.. DURDEN, JR. GRACE S. MARTIN LeROY W. MERRITT JAMES B. WILSON OZIE F. YOUNGBLOOD DONALD H. ELLIOTT Further, prior .to acceptance of the Cand&dates' qualifications, Council should solicit the advice of the City Attorney as to proper procedure having been followed, and qualifications submitted to the · City Clerk, by the above named candidates at time of filing for office. City Attorney Fellows reported that he is satisfied with all candidates '. qualifications. Mr. Pitts .moved to ". ~ccept~...~&~d' qualified candidates, the motion being seconded by Mr. Scheifley and unanimously carried. 6.c. City Manager Gatchel said that in compliance with election re- quirements, as set forth in Chapter 12 of the City's Code of Ordinances Council shall appoint a Clerk and Inspectors to preside over the Primary Election which will be held on Tuesday, November 18, 1969. He further suggested that the appointments be carried over to the General Election to be held on Tuesday, December 2, 1969, and that a Clerk and fifteen Inspectors be appointed from the list of possible appoint- ees, as follows: C. C. Turner Grace Adams Gladys Risker LOuAnderson Martha Ritterbusch Dorothy'Bauer Helen Poole Vera Bone Nina Sprott Alpha Browning' John W. Thomas Florence Cramp Agnes Timberg Martha DeClercq .'~/ Mary L. Walker Helen B. Flatland Elsie Wharton Alice Goode Ethel White Gertrude Greene Fredericka Woltering Charlotte Kiel Bertha Worthing Old Pierce L.L. YoungblOOd Mr. Wilson moved to approve the appointment of a Clerk and In- spectors as recommended, the motion being seconded by Mr. Pitts and unanimously carried. 7.a. City Clerk Worthing informed Council of a petition requesting rezoning from R-1AA,'~Single Family Dwelling District, to RM-1, Multipl9 Family Dwelling District, of Lots 346 thru 374, Lots 389 thru 405, Lots 420 thru 438, Lots 453 thru 473, and Lots 488 thru 500, Tropic Palms Subdivision, and said that 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 concerning the request. Said petition was unanimoUsly referred to the Planning and Zoning Board, on motion by Mr. Scheifley and seconded by Mr. Wilson. 7'b. The City Clerk reported that a letter had been received from the Alpha Kappa Alpha Sorority, signed by Mrs. Joyce W. Fisher, President of the Zeta Tau Omega Chapter, requesting that said Sorority be granted permission to use the Teen Town Recreation Center as a meeting place to provide tutorial services for Delray Beach girls and boys; further, that such usage of the building would completely render the Center inoperative for the activities programmed and scheduled and Council consideration for a possible alternate location or further discussion with school representatives,i identified'in the request, is suggested. During discussion, it 'was agreed that Mrs. Fisher be asked .to meet with Council at its next workshop meeting in order that said program may be fully explaine~ and Council would then be more able to make a dec,sion. 7.c. City Clerk Worthing reporte~ that the Seacrest High School Atheltic D~partment requests the use of the Westside Swimming Pool for the Seacrest High Swimming Team to hold its practice sessions daily, Monday thru Friday, from the present time through April, 1970, with practice periods from 4:00 to 5:30 P.M., and it is anticipated that swimming meets may be held at the pool during the spring session. Further, it has been determined by the Director of Recreation, Mr. Elliott, that such usage of the pool will not interfere with the public use of the pool until next spring, and the 'Seacrest Swimming Coach, Mr. Barnes, has agreed to adjust the practice time of the team if found necessary at that time. Said request for use of the Westside Swimming Pool was unanimously granted, on motion by Mrl. Youngblood and seconded by Mr. Wilson. 7~d. The City Clerk informed Council of a request from Mrs. Susie C. Croslow of 1310 North 'Swinton Avenue, for transfer of the 1969-70 License No. 737, for consumption on the premises of Beer only, from Mr. Billy Gene Croslow, for the Delray Bowling Lanes. Further, that Mrs. Croslow .has been investigated in the usual manner and approved by the State Beverage Department' and Delray Beach' Law Enforcement officials, and it is recommended that said request be granted. The transfer of said License No. 737 to Mrs. Susie C. Croslow was unanimously approved, on motion by Mr. Pitts and seconded by Mr. Youngblood. 8.do City Clerk Worthing presented ORDINANCE NO. 39-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DF~LRAY BEACH CERTAIN LANDS LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST; ALSO THE EAST 75 FEET OF LOT A, DELRAY BEACH SHORES, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF.'SAID CITY TO INCLUDE SAID LANDS;-PROVIDING FOR T~E RIG. S AND O~LIGATIC~S' OF SAID LANDS; AND PRO- VIDING FOR TF~ ZONING THEREOF. (Copy of Ordinance NO. 39-69 is attached to the official copy of these minutes.) See page 169-A-B. A Public Hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and there being no o.b'jection to Ordinance No. 39-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. 8.b. The City Clerk presented ORDINANCE NO. 41-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING 'TO THE CITY 'OF DELRAY BEACH, LOTS 23 THRU 27 INCLUSIVE, FIRST ADDITION TO KENMONT, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLI-' GATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 41-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. -5- 1'0~29-69 .... 168 9.a. Regarding an application to solicit funds wlthinthe City, from November 1st thru the 15th, door to door and street~canvass submitted by the Daughter of Zion Seventh Day Adventist Church, located at 143 S. w . 6th Avenue, the Solicitations. Committee reports as follows: "The Solicitations Committee has reviewed the application to solicit, submitted, by the Daughter of Zion Seventh Day Adventist Church, and recommends approval of their request. The Committee wishes to note that the Daughter of Zion Seventh Day Adventist Church will limit their solicitations to an a=ea south of N. E. 8th Street, excluding the beach side." It was pointed out that the area for solicitation as designated was agreed upon between the Seventh Day Adventist Church on North Seacrest Boulevard and the Daughter of ZionSeventh Day Adventist Church. Said request for solicitation was unanimously approved, on motion by Mr. ¥oungblood and seconded by Mr. Wilson. 9.b. City Clerk Worthing read the following Planning and Zoning Board report concerning a petition of the Delray Beach National Bank for a Special Exception concerning parking: "At a regular meeting on October 21, 1969, at 4:00 P.M., in the City Hall, the Board considered a petition for Site Plan Approval in an R-1AA Single Family Dwelling DistriCt on the following described property: The South 15 ft. of Lot 26, all of Lot 27, and the North 10 ft. of Lot 28, SEABREEZE PARK, located at 17 Seabreeze Avenue, ~ so that & parking lot would be allowed for adjacent C-i, .7 LimitedCommercial Development. The Board voted unanimously tO recommend the City Counci grant approval to the Site.plan which is in compliance with Section 29-7.5~ of the Delray Beach Code of Ordinances. A public hearing was held at.this time. No objections were made known." The City Clerk read a letter from Mr. W. O. Henderson, 1810 Lake Drive, asking that no action be taken on the Plan~ing & Zoning Board recommendation until after October 29th, as Elizabeth Friedrichs, a property owner in the immediate area of the proposed parking lot, would not be in town until after that date. The recommendation of the Planning and Zoning Board to grant ap- proval to the Site Plan as presented by the Delray Beach National Bank on said property was unanimously sustained, on motion by Mr. Wilson and seconded byMr. Youngblood. 9.c. The City Clerk read the following Planning and Zoning Board re- .~ port concerning a request from Mr. C. R. Bingham for rezoning of property: "At a regular meeting on October 21, 1969, at 4~00 P.M., in City Hall, the Board considered a petition for rezoning an R-1AA Single Family Dwelling District to RM-1 Multiple Family Dwelling District on the following described property: That part of Lot 11 lying East of the Southerly extension of Easterly right- of-way line of S. E.".Tth Avenue, as now laid out and in use north of S. E. 4th Street, and lying West of the Westerly right-of-way line of the Intracoastal Waterway, in Block 1 of OSCEOLA PARK Subdivision, and located at 628 S. E. 5th Street. The Board Voted to recommend the City Council grant the petition as'it is in keeping with the existing and proposed land use of the area. Colonel TheodOre Pools dissented. A public hearing was held at' this time. No objections were made known." Following discussion, Mr. Wilson moved that the request of Mr. Bingham, for rezoning, be granted, the motion being' seconded by Mr. ¥oungblood. Upon call of roll, Mr. Scheifley, Mr. Wilson, Mr, Youngblood and Mayor Saonders voted in favor of the motion and Mr. Pitts was opposed. 9.c. City Clerk Worthing read the Beautification Committee meeting minutes of October 8, 1969. 10.b. Mr. Scheifley announced that at 8=00 P.M.,-Thursday, October 30th, at the First Federal Savings & Loan Association Building, a political organization will have a meeting and they have asked him to make a talk on the proposed General Obligation BOnd issue. He asked that the City Attorney and Councilmen attend that meeting if possible. 10.b. Mayor Saunders announced that there woul~ be a ~rkshop brief-. lng meeting at the City Hall, on Monday evening, November 3rd, for the purpose of explanation,s&nd discussion of the proposed General Obligation Bond'issue and that invitations to said meeting have been mailed to'all of the service and civic organizations. 10.c. C~ty Clerk Worthing presented Bills'for Approval as follows= General Fund $172,634.52 Water Operating & Maintenance Fund 9,837,43 Water Revenue Fund 15,000.00 Utilities Tax Revenue Fund 17,000.00 Cigarette Tax Fund 6,000,00 Capital Improvements Construction Fund 64,050.00 Sewer ConstrUction Loan Fund, First Federal Savings & Loan of Miami 3,377.37 The bills were unanimously approved for payment, on motion by Mr. Wilson and seconded by Mr. Youngblood. The meeting adjourned at 8=55 P.M. City Clerk -7- 10-29-69 't 70 169-A ORDINANCE NO. 39-69. AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,. ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST; ALSO THE EAST 75 FEET OF LOT A, DELRAY BEACH SHORES, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY= RE- DEFINING THE BOUNDARIES OF SAID CITY TO IN- CLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVID- ING FOR THE ZONING THEREOF. WHEREAS, under the provisions of a Trust Agreement dated February 18, 1949, as Amended the 25th of March, 1968, between Edward E. Ekvall, Vera Hyde Ekvall and the Continental Xllinois National Bank & Trust Company of Chicago and subse- quently David Hyde Ekva11, are the owners of the property here- inafter described, and WHEREAS, DAVID HYDE EKVALL, by his petition, has con- sented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized 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 OP~AINED BY THE CITY COUNCIL OF THE CITY OF 'DELRAY BEACH, FLORIDA, kS 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 tra=ts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: That part of the South 120 feet of the NOrth 2260 feet of Gov't. Lot 4, Section 21, Township 46 South, Range 43' East lying East of State Road AIA; also The South 100 feet of the North 2240 feet of the 'Easterly 198.44 feet of Section 21, Township 46 South, Range 43 Bast lying adjacent to and West of said State Road A1A; also The East 75 feet of Lot A as appears on Plat of Delray Beach ShoreS, per Plat Book 23, Page 167, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, iFlorida, ~are hereby redefined so as to include therein the above described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the lands hereinabove described 'are hereby declared to be in Zoning District RM-1A, as defined by existing ordinances of the City of Delray Beach,. Florida. 169-B Page 2. Ordinance No. 39-69. SECTION 4. That the lands hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing 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 competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final read- ing on the 29th day of October , 1969. /S/ J. L. Saunders MAYOR ATTEST: /S/ R. D. Worthinq City Clerk First Reading _ ~e~t~b.er ~3, 1~969 Second Reading october '29,