09-25-61 289
SEPTEMBER 2%, 1961.
..... .:A. regular meeting of the City Council of Delray Beach was held
'in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in
the Chair, City Manager Louis ~. ~mitzes, City Attorney John Ross
Adams and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Sundy
and John A. Thayer.
· An opening prayer was delivered by A1 C. Avery.
.On motion by Mr. Sundy and seconded by Mr. Thayer the minutes of
September llth, 1961 meeting were unanimously approved.
Mr. Avery asked for a public hearing on the sewer plant, plus a
referendum, both requests being ignored by the Council. Mr. Avery
quoted published excerpts from a telephone conversation between State
Health Engineer David Lee and Mr. Cam~,.bell and Mayor Warren. Mt.Avery
also quoted Mr. Campbell as saying: 'We'. are not getting the big
industrial growth in Delray, and the majority of residents do not
want it." Mr. Avery also stated that Mr. Campbell had told Mr. Lee
that the city had deliberately avoided the growth it could have had.
Mr. Avery withdrew his former support of the proposed new $400,000
sewer plant which the state considers inadequate for f~ture growth of
Delray Beach, and said that the people should have a chance to say
what kind of a sewer plant they want.
Mr. Paul Postlewaite of 2946 Brant Drive, Tropic Palms, represent-
ing a delegation from that subdivision, Said that they had tried for
two years to get the streets fixed and that Brant Drive and Bluebird
Drive are in very bad condition, also that the entrance to the Subdi-.
vision is in an unsightly condition and that the residents have been
unable to get Mr. Mellon to improve these conditions, and asked that
the city intercede in getting this work accomplished. Mr. Postlewaite
also complained about the City Dump.
City Manager Smitzes read the following letter from Mr. Henry J.
Mellon to City Engineer Fleming, dated september 15, 1961:
"In answer to your inquiry re: the final surfacing of
some roads in Tropic Palms, please be advised that
Hardrives resu~faced and resealed these roads for pro-
tection in June 1961. This was done as a protective
measure against errosion. At that time, water instal-.
lations were made to any homes without water.
"Funds will be available within the next ninety (90)
days to place final surface on the roads in question.
Trusting that this meets with your approval."
Mr. Campbell moved that the City Manager mark his calendar and
make certain that by the middle of November the work has been started
so that the Council will be assured that t~e work will be completed
by the middle of December as has been promised, and that ~. Mellon
be notified of this action of the Council. The motion was seconded
by Mr. Avery and carried unanimously.
M~. John K. Glessner of 801 N. W. 2ndAvenue complimented the
Council on the improvements that have been made in Del~ay Beach but
that there is some ~atual beauty here that is not being taken care of
and referred to the trees in the ~ight-of-way of N. W. 2nd Avenue be-
tween 7th and 9th Streets and asked if there could be some consider-
ation given to the care of those trees.
~. Avery moved that the City Manager be directed to look into
this matter and give this Council a report on his recommendation or
what action has been taken, the motion being seconded by Mr. Campbell
and unanimously carried.
Mayor Warren reviewed the Beautification Committee meeting min-
utes of September 21st.
Mayor Warren read the following recommendations signed by Lora
S. Britt, Chairman of the Beautification Committee~
9-25-61
290
SEPTEMBER 25, 1961
"The Civic Beautification Committee makes the following
recommendations for the Lm~rovement .of the Beach.
"Planting of up to 70-80 coconut palms, four-foot high
trunks, in clusters in suitable areas between sidewalk
and beach.
"Simple landscaping of the 32-foot wide strip between
M~ramar and Ingraham Streets (to include extension of
S~. Augustine grass several feet toward the embax~ment,
trees and shrubs) The committee members viewing the
south end of the beach concurred that it would be ad-
vantageous for the City to employ a professional landscape
firm for this project.
"The steps leading down to the beach should remain of wood
structure due to the safety factor. Sea sage planted at the
sides of these entrance ways to enhance the beauty of the
beach by its silvery green color and obscuring the painted
hand railings. More spider lily plantings could be utilized.
"Outfall pipes could be lowered and extended into the ocean
thereb~ eliminating the steady erosion. These areas should
be filled with sanB.
"More shelters from the sun would be useful.~
"Garbage cans could be lowered into the gro~Und thereby re-
moving a rather unsightly white can of which the frame work
rusts due to the salt air.
"Traffic signs are rusty and need to be replaced.
"Pavilian could be divided so that bathers and non-bathers
use specific areas. Non-bathers frequently complain that
chairs are wet.
"Ail planting would be done Just as soon as the hurricane
season is welllover, probably in mid-October."
It was moved by Mr. Thayer. to adopt this recommendation, ~'the
motion being seconded by Mr. Campbell, who stated that he would like
to make certain that the Cit? Manager and City Engineer agree that it
would be wise to contract rather than to try to do it with city forces
--- or leave it to the discretion of the City Manager and City
Engine er.
Mr. Avery stated that he wanted to go on record that he is very
much in favor of city beautification and wants to improve the beaDh
but there is a specific recommendation to employ professional help on
this thing and thinks there shoUld be an idea of what the cost is
going to be before it is authorized.
The motion and second were withdrawn by Mr. Thayer and Mr.
Campbell and Mr. Avery then moved that this report be accepted and
referred to the City Manager with an e~licit recommendation to the
Council as to the course that they should pursue. There was no second
to Mr. Avery t s motion. ·
Mr. Campbell then made the following motion: "I move that the
City Manager together with the City Engineer be authorized to obtain
the cost of eighty coconut palms, four-foot high trunks, fu~ther that
the landscaping of the 32-foot wide strip between Miramar D~ive and
Ingraham Avenue be carried..out as per the request of the committee,
that is to carry the grass out to .the 32-foot width of the full length
of that block, that they also be authorized to obtain prices from out-
side sources as to this project and to report their findings on a
basis of doing it with city forces or using ~he outside landscaping
firms. Further that the steps leading down to the beach should remain
of wood structure, due to the safety, factor, that the sea sage be
planted at the sides of these entry ways on the upper side to enhance
the beauty of the beach and blocking out the painted hand rails and
that spider lily plantings be utilized wherever possible. That the
outfall pipes be lowered and carried-out into the ocean in the same
me. nner, or in a manner that would give us the end results similar to
what we now haVe at the outfall from the swimming pool. Also as a
separate item, to study the additional shelters recommended, not here,
-2- 9-2~'61
291
SEPTEMBER 25, 1961.
but it was recomnended by the committee that we have two additional
shelterS, one to She north and one to the south similar to those now
in u~. Further that a sepemate price be obtained for dropping the
4arbage cans into the ground. All of this not to exceed a cost of
,000.00 and that this be reported to us fo~ ou~ consideration."
The motion was seconded by M~. Avery and carried unanhuously.
Mayor Warren made the following public release.' "At the request
of the Inter-Racial Committee a meeting was called for Monday evening
September 18th. This committee comprises seven members living to the
east of Swinton Avenue and five members living west. The meeting was
called for the purpose of discussing new recreational community center
facilities for the west side. Only one member from the west aide was
present, all members from the east side were there. While this was
not the representation desired from the area a~fected, discussion was
opened and about one hour was spent in covering the request. It was
concluded that there should be more representation from the west side
for proper discussion an~ the meeting was adJottrned until Friday night,
September 22nd, with the assurance that the west side would have more
representation. On Friday night at 8 o,clock all the east side mem-
bers were on hand and two citizens from the west side, however both of
whom were members of the so-called Beach Committee, who are not mem-
bers of the Inter-Racial Committee, therefore after waiting some 20
minutes the meeting was adjourned for lack of a quorum. The majority
of the City Council feels that the west side members of the Inter-
Racial Committee should not have called for a meeting with them if
they did not intend to have a representative attendance. This is for
the record, ladies and gentlemen as to how you~ City Counci2 tried to
work with the members of both sides of town, the e, called, Inter-
Racial Committee, in trying to come to some conclusion."
M~. Thayer moved that due to the lack of interest on the part of
the west side members of this committee that the recreational facili~
ties improvements be indefinitely postponed, the motion being seconded
by Mr. Campbell.
Mr. Aver~ said that he didntt think the Council should shut their
minds to any of the needs of any people in Del~ay Beach, and doesn't
think it is proper to ~ndefinitely postpone anything that represents
a need of a citizen of tl~is town.
Mr. Campbell explained that as he understands the motion it is
to the effect that f~ther discussion on the part of the Council is
postponed but does not shut off the possibility of those interested
from bringing it up.
Mr. Avery said he felt that this thing represents that we shut
the doors o£ ou~ mind to a recreational program for some group of our
citizens.
Mr. Campbell asked that the motion be amended to read: "Due to
the lack of inte~st on the part of the west side members of this
committee that the recreational facilities improvements discussion
be postponed indefinitely."
Mr. Avery said that he did not think it was proper to give any
reference to any particular side of town but if there is a need in
town for something that the Council should be ~or it, and if there
is not a need they should be against it, that the Council is here to
act for the overall good of the people.
Following lengthy discussion, Mr. Thayer reworded the motion to
read as follows.. "Due to the lack of interest on the part of the
west side members of this committee I move that the recreational
facilities improvement discussion be postponed until such time as the
representatives from the west side appea~ before the Council in regu-
lar meeting and ask for a special meeting to discuss anything of this
nature that they wish to discuss." The motion was seconded By Mr.
Campbell and ca~rted unanimously.
City Clerk Worth, rig read RESOLUTION NO. 1351.
A RESOLI~ION OF TNE CITY OF DEL~AY BEACH,
FLOEIDA AMENDING THE "ADMINIaTP~TIVE CODE"
AND PROVIDING FOR "JOB CLASSIFICATIONS and
COMPENSATION RANGE~".
(Copy of ~eaolutlon No. 1351 and supporting information a~e
attached to and made a pa~t of the official copy of these minutes.)
See Pages 298 A, 29~B. 298C, 298D & 298E
'3- 9-25-61
292
SEPTEMBER 25, 1961.
On motion by Mr. 0ampbell~ and seconded by Mr. AverY Resolution
No. 1351 was unanlmously adopted.
i~r. Avery then..moved that the moratorium on wages which was set
by the Council at .the previous meeting be ended' In seconding the
motion~ ~. Campbell stated that he would like to make certain that
the City Manager understands that in delaying the action of the wage
committee for this two weeks period necessary in order to approve
the sufficient amount of money in the budget that it be more or less
lumped and it is understood that the money that is in the budget
which now appears as divided into departments is left in the City
Manager.s discretion as to how it will be used. ~he motion carried
unanimous ly.
The Wage and Hou~ Committee were commended on their work in
preparing this City Wage and Hour Schedule.
Attorney Harx~j Newett addressed the Council as rep~senting the
Carver Park Homes, Inc., and Mr. Marqusee developer of'the subdivi'
sion of Carver Park which plat was approved at the last meeting sub-
Ject to sidewalk construction and now requests that under Ordinance
No. G-285, Section 9, Par. 6, that sidewalks be waived to the folloW-
ing extent. "That the Planning Board may waive the requirements of
sidewalks on streets .and blocks where the average width is 200t or
more or where park, railroad, canal or other use on one side of the
street makes a sidewalk on that side not essential for' safety of
pedestrians." 'Attorney Newett also stated that he understands that
the Planning Board further recommends that sidewalks be constructed
on N. W. l~th Avenue and on N. W. 3rd Street and that sidewalks be
waived in other parts of the subdivision. Also that other subdivi-
sions in this area do not have sidewalks, and that Carver Park is an
F.H.A. development and does not require sidewalks as it increases
costs and that the previously mentioned recommendations of the Plan-
ning Board regarding sidewalks is all that is needed for safety of
pedestrians in this area.
Mr. Avery moved that this item be referred back to the Planning
Board for a recommendation .from them~ The motion was not seconded.
Upon question, Attorney Adams informed the 0ouncil that the
Planning Board can waive sidewalk construction on certain~ occasions
as set up in Ordinance No~ G-285, but' in this case they cannot waive
it, that it would be up to the Council to Waive it.
Upon question, City Engineer Fleming stated that he recommends
sidewalks in this subdivision for the following reasons: Primarily
this will be a subdivision of young .people and there will be a large
number of children as it is in the vicinity of the school, also there
is a great amount of deterioration of the streets due to the fact
that the rocks on the shoulders of the streets are kicked around on
the streets by the children when there are no sidewalks; also if the
sidewalks are installed at a later date it would have to be on an
assessment basis.
Mr. Avery stated that he made a tour of that area with the City
Engineer and that the developer of Carver Park presented an area of
misunderstanding which he thinks should be clarified, regarding waiv-
ing of sidewalk construction in a subdivision on the east side 0f
Carver High School. Mr. Avery further stated that the developer of
Carver Park had stated that their general practice was accepted as to
what was contained in the area surrounding it and their engineers ex-
plored this whole area and that no where in the surrounding area had
sidewalks been required, and from that they developed this plat with
no sidewalks. Mr. Avery also stated that 'he did not take exception
to the City Engineer, that he wanted to be on record as saying that
if the City Engineer had not called 'Council attention to the Ordinance
he would have been derelict, and asked again that this' item be
~erred to the Planning Board so that they can give the Council a re-
commendation that will give them the wisdom to make a proper decision.
Mr. Campbell asked for the Planning Board report on this subdivi-
sion to be read at this time which the City Clerk read, being as
follows, dated September 5th: "At' its regular meeting on August 25,
1961 the Planning and Zoning Board unanimously approved the prelimin-
ary plans 'for the'Carver Park subdivision plans as submitted and
passed them back to the Department of Public Works."
Mr. Campbell reminded the Council that after receivi~.g from the
Planning Board their approval and the request from the City Engineer
that it be approved subject to the sidewalks, the Council had approved
said plat subject to sidewalk construction.
-4- 9-25-61
293
'SEPTEMBER 25, 1961.
M~. Campbell asked, through the Oity Manager, for a full report
on the development to the east of the 0arver High School, that he
would like to know why or how the sidewalks in this particular de-
velopment were skipped and under what ~authority. 0ity Manager
Smitzes reviewed Council action in 1959 and 1960 on this particular
subject.
M~. Campbell asked that the City Attorney be asked to give the
Council a full report and opinion as to the position of this parti-
cular situation, if possible, at the next ~meetlng.
In compliance with charter requirements in appointment of Clerks
and Inspectors for the coming Referendum Election the following
action was taken:
On motion by Mr. Sundy and seconded by Mr. Oampbell, Fritz
Friberg and Charles C. Turner were unanimously appointed as Clerks.
On motion by Mr. ~Campbell, seconded by Mr. Thayer and unanimously
approved the following Inspectors were appointed: Florence Cramp,
Nina 8prott, Dorotha Bauer, Effie Hughson, Mary B. Walker, Gertrude
Greene, Edward Oonyer and Lens Brunner....
0ity Clerk Worthing read a PROOLAMATION of the City of Delray
Beach '~MPLO¥ THE PHYB-ICALLY HANDICAPPED WEEK" October 1 thru 7,1961.
It was moved by Mr. Campbell, seconded by Me. Sundy and unani-
mously carried to appoint M~. J. LeRoy Croft as a member of the
Resources Development Board for a three year term to fill the vacancy
caused by requested release by Board member Me. Robert Totterdale.
The remaining members of the Board, H. Ben Adams and Edwin H. Ewing
recommended said appointment.
City Manager' Smitzes presented bids as follows for 1500 feet of
8" Cast Iron Pipe which is intended for immediate Water Main Extort-'
sion projects:
James B. Clow & Sons $ 3,817.50
U. S. Pipe & Foundry 3,975.00
Amerioan~Cast Iron Pipe 0o. 4,050.00
Montane Cast Iron Pipe Co. 4,215.00
Alabama Pipe Company. 4,260.00
The City Manager further stated that it'is recommended that award of
purchase be made to American Cast Iron Pipe Company, Whose bid,
though being $232.50 in excess of.the low bid, is deemed economical
and warranted in this particular instance due to said bid of American
Cast Iron Pipe Oompany being truckload delivery, whereas the two low-
er bids were submitted on Rail Freight Delivery.
It was moved by Mr. Thayer that this bid be awarded to the
American Cast Iron Pipe Company in the amount of ~4,050.00. The
motion was seconded by Mr. Campbell and carried unanimously.
City Manager Smitzes presented bids received for stage equipment
at the Community Center, being curtain equipment and accessories.
One bid in the amount of $1,578.00 by the Tiffin Scenic Studios, Inc.
Tiffin, Ohio and the second bid for $1",773.50 from Hubert Mitchell
Industries, Hartsell, Alabama. The City Manager further stated that
it is recor~aended that the purchase be made fram Hubert Mitchell
Industries, at $1,773.50 as this includes the equipment delivered and
installed and a guarantee on all workmanship on the equipment and the
installation, whereas that was not part of the bid submiSted by the
other company. It was moved by Mr. Campbell to approve the recommend-
ation, motion being seconded by Mr. Sundy and unanimously carried.
The City Manager informed the Council of the ~lorida League of
Municipalities 35th Annual ConventiOn to be held at Jacksonville;
Florida at Hotel Robert Meyer on October 2~, 23 and 2~, 1961.
It was moved by Mr. Campbell that the Mayor and City Manager
represent Delray Beach at this convention, with the understanding
that if the Mayor cannot attend he is authorized to appoint some one
to attend in his place. The motion was seconded by Mr. Avery and
unanimously carried.
Regarding authorization to execute contract employing the auditing
firm of Himes & Himes of Del~ay Beach to perform the annual audit for
the fiscal year ending September 30, 1961, Mr. Campbell asked the City
-5- 9- 5-6
SEPTE~BER 25, 1961.
~ttorne~'if there was any reason for not extending this contract for
the 1961-62~f, iscal year. The City Attorney stated,that it was per-
fectly alt ri~ght to extend the contract for a"'yeSr~, City Manager
Smitzes info~med the Council that auditors quote rates per day for
~their services, and the make up of this contract would facilitate a
continuous audit throughout the year.
Mr.~ ~very moved to authorize the execution of this contract with
the direction to the City Manager that a continu~ng audit be main-
tained through the 1961'62 year. Mr. Campbell seconded the motion
and asked that the record show what is meant by a continuing audit,
and what will.be accepted as 'such.
The Oity Manager explained as follOWs: "A con.tlnuing audit,
under the terms of this contmact would mean that it would be at the
discretion of. the independent auditors to decide where and when they
would make spot checks as to particular segments of the accounting
facilities. There would be no predetermined design or explanation
as to where they would pursue the matter but it would be up to 'their
discretion. You would not receive any written response or report as
to what was found unless what was found was peculiar as to what was
supposed to be found. If everything is as it should be, then the
supplementary studies that they have made through the year would
supplement the overall audit and they would tie it in all together
at one time."
Mr. Campbell asked if the Finance Director accepts that defini-
tion and will be guided by it, to which Mr. Gessler gave an affirm-
ative answer and said that the new contract states that the auditors
will'proceed with the future and the current audit.
Upon call of roll the motion carried unanimously.
The following letter was received from the Electrical Examining
Board signed by five of. its raembers and dated September 12, 1961:
"In view of the resignation of our Electrical Inspector,
Mr. C. W. Rickerd effective September 30, 1961, it is the
recommendation of this Board that immediate steps be taken
to locate and employ a qualified man to succeed him.
"It is recommended that Mr. Rickerd's replacement be em-
ployed as soon as possible so that he will have a period
in which to work with Mr. Rickerd to become well versed in
his duties .prior to the effective date of Mr. Rickerdts'
resignation.
"At the present time, the Electrical Board operates ~of-
ficially only as an examining board for applicants for
Master and Journeymants Electricians licenses. It has
no authority whatsoever as regards ~interPreting the
electrical code, or in resolving differences between the
Electrical Inspector and Contractor.
"It is felt that the Board should have the authority to act
as a Board of Appeals in order to settle differences of
opinion between electrical Contractors and the Electrical
Inspector as regards interpretation of the Electrical Code.
At the present time a Contractor that feels the code is
being interpretated improperly has no means of appealing a
decision of the Electrical Inspector.
"It is also recommended that a Master Electrician be
appointed to the Electrical Board. This will give the
electrical contracting industry representation on the
Board which it does not have at the present time.
"We beg your careful attention to the above matters."
Concerning authority to act as a Board of Appeals it was moved
by Mr. Campbell, seconded b~ M~.' Thayer and unanimously carried that
this request be denied.
It was then moved by Mr. Avery, seconded by Mr. Sundy and unani-
mously carried that Mr. R. O. Keen, Sr. be appointed as Master
Electrician to the Board.
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e95
SEPTEMBER 25, 1961.
City Manager Smitzes presented the foll_owLng memorandum from the
Director of Public Works,' dated September l~th:
"SubJect~ ~gneda Item - Request for Paving.
"'Request has been received from Mrs. Roy King, chairman of
a .Womanls Club improvement committee, for paving of parking
areas on the city-owned property upon which the Woman.s Club
building is located.
"The request is for a total of 1,447 square yards of parking
area paved with limerock and sand sealed. This includes two
small lots, one north and one south of the building proper.
Estimated cost of materials is $760.
"If this project is approved it is suggested that the actual
.construction be held off until after October 1st, at which
time money will be available from the new budget."
Following discussion, Mr. Campbell moved that this matter be
tabled and that the City Manager be asked to meet with a represents,-
tire of the Womanls Club and the following to be determined: What
part of this area is considered as under lease to the Womants Club,
that be established once and for all, and how much of it is in Curtis
Park facing on 6th Avenue; also find their thinking as to who is re-
sponsible for improvements on a 99 year lease that has been given to
the Women of the City for $1.00 per year, and at the same time
plots the possibility of the County furnishing shell rock. for the
requested parking areas. The motion was seconded by Mr. Avery ahd
carried unanimously.
The request for resorting of Lots 30 & 31, Ocean Breeze Estates
was unanimously referred to the Planning Board on motion by Mr. Thayer
and seconded by Mr. Avery. ·
Regarding the application for Certificate of Public Convenience
~d Necessity for the operation of two taxicabs by Mr. Fred Wilson of
'30 S. W. 9th Avenue, Mr. Calma. bell moved that a public hearing be set
for Monday, October 9th at 8.00 P.M. The motion was ~Seconded by
Avery and carried unanimously.
City Manager Smitzes read the following letter frora the Carver
High School P.T.A., dated September 17th and signed by J. M. Proctor:
"Due to the continuous growth of the schoolls population in
the west sector of ot~ town; the Safety Committee of the
Carver High School P. T. A., composed of teachers and parents,
have made a study of traffic safety. Our ~%udy revealed the
following problems ..
1. No sidewalks on Atlantic Avenue west of Swinton,
2. No sidewalks on Southwest Second Street.
3. No marked crosswalks on Atlantic Avenue.
5 One station police officer on West Atlantic and 10th Avenue.
~ One motorcycle officer on Southwest 2nd ~treet' during the
morning.
6. No officers are ever seen du~lng the 3~35 closing time of
school.
"It has also been noted that commuters, in an attempt to avoid
the police officer on Atlantic Avenue, tend to detour to south-
west and northwest 2nd street and are exceeding the speed limit.
"We feel that these grave problems should be given your immediate
attention and every effort made to rectify the situation before
some accident occurs which can seriously injure or even cause
the death of a child."
Regarding items 1 and which are under the Department of Public
~orks, the City Manager stated that the request is quite vague and
if it was interpreted in its ma~ sense it would require approxi-
mately $51,000.00 to provide sidewalks on both aides of the street
along Atlantic Avenue, and in the past the first installation of
-7- 9- 5-61
296
SEPTEMBER 25, 1961.
sidewalks has been considered as an item assessable against the -.
abutting property owners, although in some cases they were determined
to be a public necessity and cost was borne by the city.
Regarding nO marked cross walks on Atlantic Avenue, the Public
Works Department is now attemPting to contact the P. T. A. to ascer-
tain what locations are required for cross walks in an endeavor to
accommodate them as ~apidly as possible for the safety of school
children as well as pedestrians.
Regarding items 4, 5 and 6 which pertain to policing the area,
Chief Croft was requested to report, which report is as follows:
"Re: Carver High School P.T.A. reguest.
"In reference to the above request, we have at the present
time one police officer stationed at W. Atlantic Avenue and
10th Avenue, one motorcycle Patrolling Atlantic Avenue and
all streets near the school, including N. W. 2nd Street in
the vicinity of Spady Elementary School. The patrol sergeant
also makes frequent patrols in this area, as does Lt. Grantham.
Ail this occurs during the time when the children are going to
and from school.
"In my opinion, the only way to give added protection would
be to employ part-time school crossing guards, funds for
which were not included in the budget for the coming year.
"We will continue to give every protection possible to make
it safe for the school children over the entire city."
Mr. Campbell stated that one day last~week when he Was coming
into town from the west that there were nUmerous school Children on
Atlantic Avenue but the flasher caution lights were not on and the
City Manage~ said that would be lobked into and taken care of. Mr.
Campbell further stated that at the time Carver Nigh School was
built it was discussed that the school'children should not use
Atlantic Avenue east and west but only when they wanted to cross it.
Mayor Warren asked the City Manage~ to answer the letter~ stating
his findings and his recommendations, and that the city will do every-
thing possible for safety.
Regarding a request from Attorney J. Clinton Scott for filing
supplement to the petition of protest concerning expansion of the
City Yacht Basin facilities, Mr. Campbell moved that Attorney Scott
be notified to send in the original signed petition for referral to ' ~
the planning Board, the motion being seconded by ~r..Thayer and unani-
mously carried.
City Clerk Worthing read RESOLUTION NO. 1347.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAM BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY: SETTING O~ ACTUAL COSTS INCUR~ BY SAID CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID
LEV~ TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY ~NAGER OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 13~7 is attached to and made a part of
the official copy of these minutes.) See Page 298F and 298G
On motion by Mr. Campbell and seconded by Mr. Sundy Resolution
No. 1347 was unanimously adopted.
The City Clerk read RESOLUTION NO. 1348.
A RF~OLUTION TO PROVIDE, IN THE EVENT O~ ATTACK
UPON THE ~NITED STATES, FOR THE CONTINUITY OF
THE EXA~UTIVE FUNCTIONS OP THE GOVERNMENT O~ THE
CITY OF DELI{AY ~BEACH,'PALM BEACH COUNTY, STATE OF
PLORIDA, BY THE DESIGNATION OP ADDITIONAL OFPICIALS
TO SERVE FOR THE DULY ELECTED OR APPOINTED OFFICIALS
OP THE CITY OF DELi{AY BEACH, PALM BEACH COUNTY WHEN
SUCH ELECTED OR APPOINTED OFFICIALS ARE UNAVAILABLE.
297
SEPTEMBER 25, 1961.
(Copy of Resolution No. 13~8 is attached to and made a~p~a~0f
the official copy of these minutes.) See Page 29~H an~
Resolution No. 1348 was unanimously adopted on motion by Mr.
Thayer and seconded by Mr. Sundy.
The City Clerk read RESOLUTION NO. 1349.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, PALM BEACH COUNTY, STATE OF
FLORIDA, CONFIRMING AND ADOPTING AN OPERATIONAL
SURVIVAL PLAN FOR THE CITY OF DELRAY BEACH.
(Copy of Resolution No. 1349 is attached t°~9~!-dy~J made a part of the
official copy of these minutes) See Page
-Resolution No. 1349 was unanimously adopted on motion by Mr.
Campbell and seconded by Mr. Sundy.
Mayor- Warren read an invitation to the provue showing of the
Steel Wonderbuilt Living Fallout Shelter and equipment from 12 noon
to 9:00 P.M. Saturday, September 30th, 1603 South Dixie Highway, West
Palm Beach, Florida.
City Clerk Worthing read RE~OLUTION NO. 1350.
A RESOL~ION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DIRECTING THE CITY
TAX ASSESSOR TO ASSESS QUALIFIED FALL-OUT
SHELTERS AT RATES COMPARABLE TO THE PRE~ENT
ASSESSMENT BASI~ USED FOR GARAGES, CARPORTS
AND OPEN PORC~.
(Copy of Resolution No. 1350 is attached to and made a part of
the official copy of these minutes.) See Page 298L
Resolution No. 1350 was unanimously adopted on motion by
Campbell and seconded by Mr. Sundy.
City Clerk Worthing read ORDINANCE NO. G-410.
AN ORDINANCE OF THE CITY 0~ DELRAY BEACH,
FLORIDA, A~NDING SECTI0~ 15-8 and 15'9,
CHAPTER 15, CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH PERTAINING TO EFFECTIVE~
DATE 0F P~ESOLUTION LEVYING COSTS FOR THE
ABATEMENT OF NUISANCE.
BE IT ORDAINED BY THE CITY COUNCIL of the City of Delray Beach,
Florida, as follows:
SECTION 1. That Section 15-8 of Chapter 15 of the 0ode of Ordi-
nances of the City of Delray Beach, Florida, be and the same is here-
by amended to read as follows:
"SECTION 15-8. Assessment of Costs for Abating Nuisance."
"As soon after such abatement as feasible, the cost thereof to
the City as to each parcel shall be calculated and reported by the
city manager to the City Council. Thereupon the City Council shall,
by resolution, assess such cost against such parcel. Such resolution
shall describe the land and show the cost of abatement actually in-
curred by the City with reference thereto. Such assessments shall be
legal, valid and binding obligations upon the property against which
made until~ paid. ~uch resolution shall become effective 30 days from
the date of. adoption, and the assessments contained therein shall be-
come due and-payable thirty days after the mailing date of the notice
of said assessment, after which interest shall accrue at the rate of
6% per annum on any unpaid portion thereof."
SECTION 2. That Section 15-9 of Chapter 15 of the Code of Ordi-
nances of the City of Delray Beach, Florida, be and the same is here-
by amended to read as follows:
298 SEPTEMBER 2~, 1961.
"SECTION 15-9. Certified copy of resolution assessing costs;
filing; mailing to owner; form.."
"As soon as' possible after the effective date of the resolution
provided for in the foregoing paragraph, the clerk shall record a
certified copy of such resolution in the office of the clerk of the
circuit court in and for Palm Beach County, Florida, and the city
· clerk shall mail a notice to the record owner of each of the parcels
of land described in the resolution at the last available address for
such owner which notice shall be in substantially the following form:
NOTICE
TO:
You, ~s %~-~eco~d: owner. 0k-~e property above described, are
hereby advised that, the city council of the City of Delray Beach,
Florida, did on the ~._ day o£ ...... , 19_ ,order the abatement
of a certain nuisance existing on the 'above p~operty sending you no-
tice thereof, such nuisance being (here describe briefly). A copy of such notice has been heretofore sent you.
You failed to abate such nuisance whereupon it was abated by the
city at a cost of $ _ . . Such cost has been, by resolution of the
city council dated -. ......... , levied against the above
property.
BY ORDER OF TI~ CI~ COUNCIL.
PASSED AND AD01~ED this the 2%th da2 of September, A.D., 1961.
There being no objections to Ordinance No. ~'~10 it was moved
Mr. Thayer, seconded by M~. Campbell and unanimously carried that said
Ordinance be adopted on this second and final ~reading.
Regarding the proposed Ordinance providing purchase procedure, M~.
Avery moved that this be tabled until the next meeting in order to
have a conference on the subject. ~ne motion was seconded by Mr.
Thayer and carried unanimously.
Mayor ~arren welcomed and introduced Councilman ~. ~. Pipes and
Mr. ~. B. Henderson the new 0ity Administrator from Boynton Beach.
City Manager Smitzes presented a request' from the Director of
Finance to make certain transfers within the current 1960-61 year
budget and it was moved b2 ~r. Campbell to give him that requested
authority.. .The motion was seconded by Mr. Avery and ca,tied unani-
mously. (Cop~ of reouest is~ttached to official copy of minutes.)
See P~se
The City Manager presented Bills for Approval as follows:
General Fund $ 224,576.02
~ater Fund' Operating Fund .73,989.36
Special Assessment Fund
Refundable Deposits Fund 2,680.35
Beach Disaster Fund 5,841,80
Improvement Fund 9,074.24
Payment of bills was unanimously approved on motion by Mr. Sundy
and seconded by Mr. Thayer.
City Manager Smitzes brought to the attention of the Council their
action taken earlier in the meeting in appointing a Master Electrician
to the Electrical Examining Board and stated that he would like a
clarification as to the intention of the action, as according to the
Ordinance there is a six member board and only one potential opening
which will be the Electrical Inspector. ~he 0ity Manager asked if it
was Council intention to have this Master Electrician function during
the interim period of terminating.one Electrical Inspector and appoint-
ing another, and then read an excerpt from the Electrical Code regard-
ing appointment of the Board. Mr. Campbell moved that the Oity Attorney
be asked to clarify this and report at the next meeting, the motion
being seconded by Mr. Avery and unanimously carried.
The meeti,ng adjourned at lj~:30 P.M.
RESOLUTION NO. 1551.
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA A~NDING THE "ADHINISTRATIVE CODE"
AND PROVIDING FOR "JOB CLASSIFIOATIONS and
COMPENSATION RANGES".
WHEREAS, the Compensation Ranges and Job Classifications, as
adopted informally by the City Management some years ago (as a part
of the so-called 'Administrative Code' ), have not been changed to
reflect either the now-current rates of pay for municipal jobs in
comparably sized towns in Florida, or the changes which, over the
years, have occurred in the relative importance of such Jobs; and
WHEREAS, proper and adequate, competitive, compensation at all
job levels, as well as the relative importance of City jobs one to
another, has been the object of an intensive study by the Business
Counsel for the City, the City Management Staff, and a Special
"Wages and Hours" Committee; ~.~d
WHYS, the broad results of the noted studies have been .
crystallized in two schedules submitted, with letter of transmittal
dated June 16th, 1961, to the City M~nager, copies of which are at-
tached hereto and form a part hereof; and
WHEREAS, Members of this Council believe the policies which
shaped the studies and the resulting Ranges and Classifications
represent an improvement which should be incorporated in current
and future administrative operations,
NOW, THER~.~.~WORE, LET IT BE RESOLVED that -
1. The City Manager be and he is hereby directed to replace all
such portions of the existing 'Administrative Code' as may be
concerned with job classification or salary administration with the
proposals contained in the previously noted "Schedules I and ii;
and
2. Business Counsel be requested to continue studies previously
undertaken alon~ these lines in order to properly complete
all phases of this project; and
3. The City Manager be and he is hereby directed to review all
aspects of such classifications and ranges in the early months
of each odd numbered year and to present, for Council consideration~
any cha~ges (which may appear desirable to keep the City's position
up to date) and before such time as work is to be instituted in tile
formulation of the City Operating Budget for the ensuing year.
PASSED and ADOPTED on this 25th day of September, A.D. 1961.
ATT~T: ......... M'"'A Y 0 ~R~
RESOLUTION NO. 1347.
A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF DELP~Y
BEACH, FLORIDA, ASSESSING COSTS FOR A~ATING ~ANCE~
UPON CERTAIN L&~]D8 ~A~ ~IN SAID CI~ S~TING
O~ ACTUAL C~ ~C~ BY SA~ CI~ TO ACCO~LISH
SUCH A~T~ A~ ~NG ~E C~T ~ S~H A~TE~
T~ CI~ ~G~ OF D~Y ~CH, F~RIDA.
~S, t~ City C~cil of the City ~ ~lPa2 Beach, did, in
...... ' ..es x held ca .: ,.a
a '~ of Sune 1 6i declaPe t~ exiS~enCe ~ a nui.-
s~ce upon car ~f l~d, desoml~d ~ a list
mitred to them, fop vi~lation of ~ p~vi~io~ of O~in~ce
~S~ p~su~t to sueh decl~ati~ ~e City Clemk of said
City did f~nish each of the mespective ~ePs of the lands descried
In said lis~ with a notice des~ibi~ ~e ~t~e of ~ nuis~ce
~at they ~st abate eald nuis~oe wi~ ~P~2 (30) days, failing
in ~ich ~e Ci~ O~cil woul~ have it done, ~d the cost
would be levied aa an aeses~ent aga~st said p~oper~ and
abate the nulaa~e e~sting ~on th~ respective l~da wl~ the
t~e prescmi~d in sa~ notice an~ 0~i~ce G-~7, ~d the 0it2 of
De~ay Beach was re~ui~ed to and ~id ente~ ~en the fellowi~ l~ds
and lnc~ costs ~n abating ~e hUla.ce e~sting thereon as described
in'the ~omesaid list; ~d
~~S, ~e 0ity ~age~ .f the Ci~ of Delra2 Beach, has, p~-
suant to sat~ Ordinate ~-~? ~d t~ 0ity Oh~te~ au~tte~ te the
Oi~y 0cuncil a ~epemt cf~t~ costs ~c~ed ~ a~atl~ ~e nuisa~e
aa ~oreaaid, sal~ ~epert indicati~ ~e c~ta pe~ p~cel cf
Inv elveS,
NOW, T~O~, ~ IT ~0L~D ~ THE 0I~ C0~OIL ~ ~
0F DEL~Y ~0H, P~A, AS F0~ ~
1. That asseaa~nta in t~ in~tvi~ual ~e~ta as ah~ by
report of ~e City ~ger ef ~ City ef ~1~a2 Beach, involvi~ the
City.s cost of abati~ the ~esaid nuis~e. ~on ~e Iota er par
,.
eels of l~d described in said Peport, a copy of which la attached
he~eto ~d ~de a p~t hemeof, ~e levied aga~st the p~cels of land
described on sai~ Pepo~t ~d in ~e ~o~ta indicated thereon. Said
assess~nts .o levied shall ~ a lien ~on the respective
lots and pa~ee~ of la~ deeoribed ~ said meport, of ~e s~
nature and tO the $~ extent ~ the lien fo~ general c~ty taxes and
shall be colleotible In ~ .a~ ma~e~ and with. the s~e penalties
~d ~de~ the e~e p~isions as to sale ~d foreolos~e as city taxes
~e collectible.
2. ~at the Ci~ Clerk of said Cit2 shall, as soon as possible
~te~ ~e effective date, reco~d a certified cop2 of ~i. resolution
in t~ office of the C~k of the Ci~uit Co~t In a~ fo~ Palm Beach
County, Florida, ~d shall f~ish to ea~ of the ~ner. n~d in ~d
~pon said report a notice that t~ Cl~ Co.oil of the Ci~ of Del~ay
Beach, did, on the l~th ~ ~th of Apr~ and 12th of June,~961
orde~ ~e abate~nt: cfa &,e~t~xn nu'xs'~e ~s~ on'-th~ described
proper~ ~d property o~ ~vin6 failed t~ abate such nuisance,
within ~e 30 da2 period, ~e~on it was abated by the City at costs
sho~ in said ~epomt a~ such aaaeaa~nts s~ll be legal, valid ~d
binding obligatio~ upon the Pr~ert2 ~ainst ~ich said assess~nts'
a~e levied. This ~esolution ~all bec~e effective 30 days f~om the
date of adoption, ~d ~he assessments contained ~rein shall become
due. ~d payable ~t2 days ~te~ ~e ~ili~ date of the notice of
said assess~nt, ~tem ~ieh ~temest e~ll acc~e at the ~ate of
per a~ ~ ~2 ~aid po~tlon t~Peof.
PA~S~ A~ ADO~ ~ _~egular eelsi~ ~ ~e . 25th_ day of
: September
COST OF ABAT~N.G NUISANC. ES....U~D..ER QRDI__N.AN__CE.N0. G-147~
.PROPSR. TY D.E.S.CRIFT ION.. OWNER A._SSESSMEN~,
Lots 19 thru 2~, Block ir Alfred Spear $ 200.00
Eosemont Park
Lots 17 thru 22, Block 4, Grace S. Weir 250,00
Priest's Add. to Atl. Pk. Gardens
W~ of Lot 26, Section 20-46-43 Kathleen Schmitt 35.00
E~ of W~ of Lot 26, Sect. 20-46-43 Hamilton C. Forman 50.00
N435.91' of E520' M/L of NW~ of K.E.A, Inc. &
Lot 27 & W980' of N540' M/L of C.M.S. Properties 175.00
~ot 19, Section 20-46-43
Lot 18, Section 20-46-43 City of Delray Beach 90.00
~%'~ of SE~ of Lot 3, Sect . 20-46-43 G.B. Johnson 200.00
N75' of E128.5' of W153.5' of W~ Karl Strand 5.58
cf SW~ of NW~ of SE~ of ~ of
Section 21-46-43
Lots i thru 6 & 19 thru 21, Marion V. Tait 190.00
Block 4, Rosemont Park
Lot 3, Block 6, Del Ida Park Melville & Susan B. Brown 5.58
Lot 4, Block 6, Del Ida Park S. Kamikami 5.58
Lot 8, Block 6, Del Ida Park Miss Frances Turner 5.58
Lot 9, Block 6, Del Ida Park D.H. Turner 5.58
Lots i & 2, Block 3, Odmans S/D Joe Conyer 9.23
Lots I & 2, Blk. 2, Colonial Hts. C. Edwin Brunner lO.15
Lots 3 & 4, Blk. 2, Colonial Hts. L.B. & Vera Lee Cupps lO.15
Lots 14 & S24.7' of 13, All of Walter I. & Hazel E. lO.15
Lots 15 & 16, Block 53 Hanson
Lots 14 & l%, Block 63 Harry Albert & Genevieve lO.15
Theresa Taylor
..~¢ts 3 & 4, Blk. 5, Atl. Gardens John Nelson Kabler, Jr. lO.15
!,ot 22, Blk. 5, Seagate Extension Bayview Limited lO.l%
¥7~' of Lot ~0, Blk. 5, Seagate Mary L. Plym 10.15
.~xtension c/o Lawrence J. Plym
Lo~. 23, Blk 5, Seagate Extension K.E. & Katherine A. lO.15
Edwards
oto 8, .~ & 10, Bloc~ 1, ~rar4~ L. & Dorothy ~i 11.99
Totterdale Addition Sprayberry
RE80I~IO~ ~0. 1~8.
A RESOLUTION TO PROVIDE, I~ THE EVEHT ~ ATTACK
UPON THE U~XTED STAT~, FOR THE COBTXHUXTY ~ THE
EXEC~ FUNCTIOHS OF THE OOVER~HEHT O~ THE CXTY
OF DELRAY BEACH,- PALH BEACH
STATE OF FLORIDA, BY THE DESIGNATION ~F ADDXTIOHAL
OFFZCXAI~ TO SERVE FOR THE DULY ELEC~ OR
OFFICIALS OF THE CITY OP DELFlAY BEACH, PAL~ BEACH
COUb~Y WHEN 8UOH ELECTED OR APPOINTED OFFICXALS ARE
UNAVAILABLE.
UHEKEA.q, there exists the possibility of an attack upon the
Uaitod States o£ unpFsoedontod size and deztr~2otiveneos, and
WHEH~AS,eO a Fesult of such attack tho dul2 elected o~ apo
pointed officials'of Del~ay Beach, Palm Beach Countyo may bo UHAVAIL-
ABLE to diso~ tho lead.oFship, authoFit~ and ~esponsibllitT of the
of£1ce to whioh~.&leeted or appointed, ard
' WHEREAS',. dUo to tho almost certain dl~uption of
alone and othe~' services o£ govel~ment it may be imp~aQtLoal because
,of the u~geney of tho oi~uation to tnXttate and puroua tho oxiOting
legal pFooedu~a foF the election o~ appointment of successors to
those of£1cial~ BIIAg'AZIABLF. by Folios of onem~' attaok~ and
~EREAS, it 18 0onside~ed, lm~e~ative to provide f~ the
effective opeFation.~f civil government undeF national eme~ge~2
oo~itiono to. 8~pply tho social 8e~vic~es, FequZ~ed fo~ the su~vivc~s
OF tho attaok~'tc'sustain mo~a2e~',FestoFe economic funotions~ resume
essential p~odu~tlon and facilitate tho earliest possible ~o.~nption
of functions tonPorteil2 suspended th~ou6h neoessit?, and
~J~RAS, HOUSE BILL 'NO. ~$~ (Chapter ~-~L?) Florida Lefis-
latu~o of 19~9. enable0 political subdivloion, of the Stats of
Florida to pFovido ~ appropriate Resolution o~ 0~dinance
emo~fenoy interim succession to pubS.to off,ce to assu~e tho continue
atica OF essential t~unotiona of government of the Cit~ of DOlPe2
Beech unde~ eonditiorm of enen~ attack.
Do' rmm 0aE,L IT nE 0LWD b2 the Cia7 Council of
math, tho legall2 constituted gove n sr bod2 thereof, in
FeguXa~ session assembled th~s__2%th da2 of eotember 1961,
that in or~eF to assu~o legall~ constituted sa of p, a~'
and responsibility in the executive offices of tho C~t~ of
Beach in the event of shem2 attack, and to pFovi~o foF the continu-
al_ion of essential functions of civil goveFnment duPln~ ouch poFiods
of eme~OlM~, the following pFocedu~es ~oveFntng autmuatic interim
o~o~genc2 8. uccession to the office of ~the dul2 elected .o~ appointed
officials xn the event of the ~AVAXLABXLITY of 'the dul2 elected o~~
appointed official8 a~o herob2 eatabliohed~
1. Each dul~ elected Ci't2.Commissioner shall designate, b2
title if feasible, of b2 name, not less t_h_~n th~eo (3) of mo~o than
seven (7) o~o~gonc2 interim successors to his office and
thelF o~deF of succession.
2. It shall be incumbent upon each Cit~ Councilman to ~e-
view and ~evise aa necessoA~ the designations of emergency interim
succession to the elective offices of the cia2, and the orde~ of
thel~ 8UOcession.
3. Tho cia7 Clerk she~l me,stain in cu~Pent status the
ooff designees foF eme~encF interim succession to the elective offices
tho Cit~ end the oFde~ of thei~ succession.
4, The emergency interim auccelsors (designee)'shall exer-
cise the po.ers and discharge the duties, of the office to w~ch.
desi~ated until such t~e aa the vac~cy c~eated ~ the
~BILI~ ~ the re6~l~ elected offiolal shall Be filled in aceo~d-
~ce with t~ Co~ti~tion o~ applicable statutes ~ ~til ~
lected official (o~ p~eoee~ desisted ~~2 ~ter~ success-
or) aga~ becomes available to exercise ~e p~e~a and diach~ge
~e duties of his office..
%* .Desi~ated emergency ~e?~ lueeeaao~ are
to e~sise the p~e~s ~d d~$oh~e t~ du~i~ ~ ~he ~Fioe to
w~oh desisted ON~ AF~ AN A~ACK ~ ~ ~T~ STAT~
~C~ ~ ~en only ~ re,on of the ~AVA~BX~ of ~e .
~egul~ i~bent o~ the ~ediatel2 p~eceding decimated 8ucceas~.
Desi~ated eme~ge~2 ~tep~ ouccoosoPo ~o Peta~e~ ~osters of
successors and tn t~ .established o~de~ of bl~ succession at
pleases of' the desi~ting autho~i~, ~o ~ ~nd or ~e~se ouch
~oster.wlth or wight cause.
6. Designated eme~ge~2 inteP~ successors shall ~on d~
i~ation take t~ 8~ oath of office aO p~eoc~ibed fo~ the dul~
elected official wi~ the f~e~ stipulation ~at the desires
shall be e~owered to exercise the P~s a~ duties ~ s~h
lice only in ~e ~ent of the ~VAX~B~ of the duly elected.
inc~bent, or the i~diately p~eced~ Successor, foll~l~ ene~
attack on the United States. No other, oa~ of office shall be
qui~ed for succession to the office unde~ the conditio~ stated
herein.
PASS~ A~ ADORED ~s 25th da2 of September , l~l.
MAYOR
ATTEST ~
City O lerk
RBOt~ION NO. 1~9.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, PAL~ BEACH COUNTY, STATE OF
PLORIDA, CONFIRMI'NG AND ADOPTING AN OPERATIOI~L
SURVIVAL PLAN FOR THE CITY OF DELRAY BEACH.
~EREAS, the political, economic and cultural aspira-
tions of the world powers are at hostile variance, and
WHEREAS, a colation of political entities opposed to
the principals a~ud policies espoused by the free nations of
the world has embarked in open histility upon a campaign to
eliminate from political dogma such principals and policies,
and
WHEREAS, the United States of America occupies a
position of prominence among the free nations of the world
so threatened, and
WHEREAS, subterfuge, deceit and maneuvering for
political and economic advantages, as daily practiced by
our adversaries, may momentarily give way to violent force,
W~.~EREAS, our adversaries possess the means for in-
flicting extensive damage and suffering upan the.United States,
for which no adequate block has yet been found, and'"
I~tEREAS, recovery and survival of the nation is de-
pendent upon comprehensive planning to preserve and sustain
life, to perpetuate democratic government, and to restore
order, and
WHEREAS, the United States of America and the State
of Florida have each promulgated laws and plans for the mobi-
lization of civil forces, conservation of resources and coordi-
nation of efforts to protect life and property, and
WHEREAS, the Civil Defense Council of the City of
Delray Beach has proposed an Operational Surv~ival Plan .antici-
pating enemy attack, said plan being dated .~t.ember 25, 1°~61
and is in conformity with the Statutes of the state of Florida
and the National Plan fo~ Civil Defense and Defense Mobiliza-
tion, contemplating the adoption of such plans in all counties
of this State.
NOW, T~EREFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach, in regular session, that the City of
Delray Beach shall, and does confirm and adopt the said
Operational S~vival Plan dated __ ~ept_em~e.r .2~,. 1961
a copy of which, identified by his
on file with the City Clerk.
PASSED AND ADOPTED this 25th day of Seotember , 1961.
MAYOR
ATTEST:
City Clerk
'::-This Resolution belongs in October 4, 1961 Ninutes
RESOLUTION NO, lSS~. *
A RE~OLDTION OPTHE CITY COUNCIL OF THE CITY
OF DEI/~ BEACH, FLORIDA, FDRTHER DECLARING
THE INTENTION OF THIS CITY. TO FROCEED WITH
THE I~.{EDIATE SEWAGE PROGRAM FRO~ED BY
.RUSSELL ~ aXON, CONSULTING ENGINEERS, IN A
REPOR~ DATED At%W/ST, 1961, AS THE BASIC SEWAGE
WOR, ES PROGRAM OFTHE CITY OF DELRAY BEACH, FLORIDA
WEEP, EAS, it is deemed in the best interests of the City of
Delra. y Beach, Flori.c~., to immediately t. ake necessary steps to
provxde for more suxtable sewage facihties, and
WHEREAS, an engineering report, dar.ed August, 1951, has
been sulmnitted by Russell :& Axon, Consultxng Engineers, which
prevides for an immediate construction pro,ram for an estimated
total cost of ~450,000.00, and
WHEREAS, COnditions surrounding the area to be affected ang
benefited by the proposed construction pro,eot demand urgent ac-
tion be taken to. protect the Public Health and Welfare,
WHEREAS, the ~ity Council did, by adoption of
No. 1344, authorize Russell a Axon, Consulting Engineers, to
proceed with the immediate program as proposed by said
in their 'Report' dated Auqust, 1961, and
WHEREAS, it is i~perative that the proposed installation
pro,ram go torward without delay,
N~, THEREFORE, BE IT RESOLVED by the City Council of
City'of Delray Beach, ~lorida, as'follows:
SECTION 1. That a schedule of various segments of performance
by the consulting engineers in preparation of the final plans
[~ tpecifieations in accordance with the existing Contract
· September 30,'1959, be prepared as follows:
(a) Consulting Engineers - Russell a Axon shall have con-
struction plans and specifications completed to such a
degree that will enable the Health Department o~ the
of Florida to give tentative approval thereof on or before
October 2$rd, 1961;
(b) Consulting Engineers - RUSSELL &' AXON shall have con-
struction plans and specifications completed to such a de-
gree that will enable the City Council to commence adver-
tising for Bids on said project on or before November lSth,
1961, which bids shall be required to he submitted to the
City of Delray Beach on or before thirty calendar clays from
date of 'Notice to Contractors' that 'such bids are requested.
~ECTION 2. That completed plans and specifications for said
045.0,000 project Shall be based on an overall design for a modern
actxvated slud,e treatment plant with all required odor control
facilities included in'completed plant and plant shall he.so de-
signed and constructed as not tO emit objectionable odors, and
further ,in pursuit" of this objective said consulting engineers,
RUSSELL =- AXON, shall act in an advisory capacity in selection
of a qualified operator for the completed sewer plant.
PASSED ~ND ADOPTED by the City Council of the City of Delray
~each, Florida, on this the ith day of October, 196I.
ATTEST:
298-J-1
.C. ITY _OF DELR~.Y BE~CH, FLORIDA
FORWARD
This plan has been compiled to assist the officials of the
City of Delray Beach in visualizing the problems presented
when an enemy attack has occured and the steps required to
minimize the effects of such attack. The primary responsi-
bility of planning the emergency procedures and measures to
combat the effects of disaster within the city rests upon
these city officials.
date: Seote,,m.,b.e.r 25. 1.9.61
298-J-2
PART I
1..,PUaPOSE
The purpose of this plan is to prescribe the emergency measures
and procedures to become effective for and within the city of Delray
Beach, when an enemy attack occurs or is imminent within the conti-
nental United States. It is also the purpose of this plan to pre-
scribe means for:
a. Consolidating the civil forces of the City with the forces of -
the County and State and for coordinating their employment during
the recovery period.
b. Sustaining life among the City's populace and those who seek
refuge here.
c. Preservation of records vital to the interests of the City and
its residents.
2. ASSUMPTIONS
It may be assumed that:
a. If an attack is made on any target in the United States, tar-
gets within the State of Florida will also be attacked, either simul-
taneously or immediately afterwards.
b. Areas of the State will be isolated for an indefinite period.
c. Cities escaping the attack will be host to large numbers of
homeless survivors from the attacked cities fringe areas.
d. Areas escaping attack may be made uninhabitable by radiation
fallout.
e. Up to 70% of the food, water, fuel, medicine, etc. in the State
.may be destroyed or rendered unsuitable for use. Replenishment may
be delayed for months. -
f. Sustaining life in the surviving population will depend upon
the establishment of stringent controls for all actions of the
surv iV ors. -2-
298-J-3
g. A state cf emergency will be declared by the President of the
United States prior to or immediately upon an attack against the
United States.
h. A state of martial law will be placed in effect in all attacked
areas and possibly upon the entire country.
3. MISSION
During a war emergency it will be the mission of the Delray Beach
civil defense forces to provide relief for victims cf an enemy attack
that seek relief in the city; to protect the welfare of the city,s
residents; to maintain law and order; to support the County, State
and National survival plans.
4. F C XO ,S
~o accomplish the proceeding mission, the City officials, civil
forces and their auxiliaries will perform the following functions:
a. Warn the public of the impending or actual attack.
b. Furnish forces and equipment for common defense.
c. Establish shelter and holding areas and welfare centers.
d. Establish traffic patterns and controls to expedite personnel
movement.
e. Augment all civil defense forces with residents and evacuees.
f. Dispatch such police, fire, rescue, welfare or other services,
personnel and equipment as may be required.
g. Monitor possible radiation levels and evacuate areas having
excessive radiation levels.
h. Prohibit reentry into such areas until radiation levels reduce
to an acceptable level through decontamination processes or decay.
i. Impose restrictions upon the distribution of all commodities
and supplies.
'3-
298-J-4
J. Establish projects for channeling the energies of the available
manpower, augmenting food supplies, rehabilitating survivors, relocat-
ing the homeless, reuniting families and resisting further aggression.
PART II
ORGANIZA. TION
The civil forces to which this plan refers are composed of the
following$
a. The officials, employees, members and agencies of Delray Beach
relating to:
(1) Law enforcement ($) Construction
(2) Fire fighting (7) Transportation
(3) Medical & related services (8) Utilities
(4) Engineering (9) Communications
(~) Rescue (10) Education
(11) Recreation
b. The organized and trained auxiliaries, volunteers and supple-
mental forces that may be formed.
c. The attack warning and alerting system.
d. The personnel, resources, equipment, industrial facilities,
business establishments, associations, organizations, services and
groups, schools, churches, hospitals, clinics, etc. needed to ac-
complish the mission.
2. C~TY ORGANIZATION
a. The City of Delray Beach Civil Defense organization normally
consists of the Director, Civil Defense and his staff who hold the
following positions:
298-J-5
(1) Deputy Director for Welfare.
(2) Deputy Director for Law Enforcement.
(3) Deputy Director for Safety.
(4) Deputy Director for Engineering.
(5) Deputy Director for Medical Services.
(6) Deputy Director for Transportation.
(7) Deputy Director for Communications.
b. The organizational chart for Delray Beach Civil Defense is as
follows:
C IV_IL D_EF~EN~ SE. COUNCIL
(Mayor & City -Commissioners)
* Director, Civil Defense
Deputies for:
*WELPARE *LAW ENFORCEMENT ,~AFETY *E. NGINEERIN~G *MEDICAL
Shelter Police Fire Damage Evalu- Casualties
Food. Traffic Control Rescue ation First Aid
Clothing Evacuation Radiological Shelter & Hospitals
Registration Alert System Monitoring Refuge Medical
Debris Clear- Care
anco Evacuation
Utilities Mortuary
Roads & BridgesMedical
Construction Bupplies
Water
g0E mIOATION.S .TRA~ NSPORT_A T %0~.N
Radio Motor
Wire Water
Maintenance Rail
Supply Main% enance
(NOTE: , Indicates member of Civil Defense Executive Council.)
c. The names of officials and personnel filling these positions
are listed in Appendix 1 to this plan.
-5-
298-J-6
PART III
OPERATIONS
1. The Civil Defense plan for De]may Beach is based, in general, on
the assum~tion that a direct attack will not be mounted by enemy
forces against the city. Consequently, mass evacuation of the city
is not envisioned as the primary means of protection of the populace.
However, plans must be formulated for this contingency if such evacu-
ation is Ordered by higher authority.
2. Upon imposition of martial law, declaration of a state of emergency
or when directed by higher authority, the Delray Beach Civil Defense
organization preempts unto itself and supersedes all local authority
except courts of law established therein. The De]may Beach Director
of Civil Defense will assume control of all emergency functions as
stated in the Civil Defense plan under the authority of the Civil
Defense Council.
3. The control centers for the various emergency operational staffs
are as' shown:
a. The primary control center will be located in Police Station
Bulld ing,
b. Operating staffs for fire and rescue will be located in Fire
Station.
c. Operating staffs for medical services will be located in
Bethesda Hospital.
d. Operating staffs for transportation will be located in Police
Station Building.
e. Operating staffs for engineering will be located in Police
Station Building.
f. Operating staffs for communications will be located in Police
Station Building.
-6-
298-J-7
4. The city of Delray Beach will organize its Civil Defense forces
within the framework as established by the County of Palm Beach and
the State of Florida and will conform to the practices and procedures
established for the employment of consolidated forces. Delray Beach
forces will retain their identity and leadership regardless of the
area in which employed, except that integral units dispatched for
service with the forces of another political jurisdiction will operate
under the orders of that Jurisdiction until properly relieved.
5. The secretary of the Civil Defense council will maintain a register
of personnel designated to augment the Civil Defense operating staff,
according to the individuals skills and qualifications.
PART IV
1. Emergency procurement of supplies, equipment and services needed
for such periods as envisioned by this plan, will be decentralized to
the various Deputy Directors. The City Clerk will function as the
Supply Officer when emergency powers are invoked.
2. Following an attack, restrictions will be placed upon disposal of
all goods, materials, supplies, equipment, parts, accessories, mer~
chandise and produce. Determination of the distribution of all such
commodities will be through Civil Defense channels until a rationing
system is placed in effect by higher authority. Each Deputy Director
will draw from available sources those commodities and supplies need-
ed by his service to protect or sustain life, perform emergency func-
tions or restore order. Ail such commodities or supplies will be dis-
pensed on an austerity basis. Ail personnel normally engaged in the
operation of retail or wholesale establishments, or dispensing of
commodities, supplies or equipment will be integrated into the Civil
-?-
298-J-8
Defense supply system.
3. Authority for aquisition of all cormuodities, supplies, equipment '.
and labor is set forth in the Florida General Statutes, Chap~..'-~ 252,
as follows .'
"To waive procedures and formalities otherwise required by law pertain-
ing to the purchase and distribution, with or without compensation, of
supplies, materials and facilities as directed by the National, State
or County Civil Defense Offices. To take, seize or condem property
for the protection of the public, including:
a. Ail means of transportation and communication.
b. Ail stocks of fuel of whatever nature.
c. Ail food
d. Clothing.
e. Equipment.
f. Materials.
g. Medicine.
h. Ail supplies.
i. Facilities, including buildings and plants."
4. Each Deputy Civil Defense Director will draw supplies from retail
and/or wholesale stores, giving in return therefor an itimized receipt,
in triplicate. The original is signed by the Deputy Director or his
authorized assistant and delivered to the merchant, the duplicate is
signed by the merchant and turned in to the City Clerk and the tripli-
cate is retained by the Deputy Director in his files.
5. Stocks on hand in retail or wholesale establishments will not be
moved for the purpose of rewarehousing. Issues will be made from
point of source.
6. Deputy Directors are responsible that accurate itemized accounts
are kept of supplies acquired or received from any source.
298-J-9
P~RT V
TRANSPORT.AT.ION
Conservation of transport capability, fuels, lubricants end spsme
psmts will require the strictest re~ulation, coordination and econom~
since possible distruction of industx-j or cont~nstion of vehicles,
fuels and equipment may i~obil[ze moto~ t~s~po~t fo~ an indefinite
pePlod. ~e~gency measles Pe~latl~ ope~ation of p~Ivate vehicles
become effective afte~ an attack wi~out f~the~ di~ective.
z.
The Deputy Director for Tr~sportation is responsible fop the eco-
nomical opera,ion of all transportation to consePve all reso~ces.
Mechanics or persons possessi~ mechanical abilities will be re-
served for e~loyment in transport maintenance activities.
4.
In general, no vehicle ~11 move e~ept to acco~lish a ~ssion,
the acco~lis~ent of which benefits the majority of the public.
Mainten~ce personal and facilities, sp~e parts a~ supplies, fuels
and lubric~ts will be pooled in support of authorized transport.
PART VI
ADMINIST.RAT.I.ON
Administrative procedures initiated as a result of this plan must
be uncomplicated, records simple and unnecessary duplication avoided.
2. 6OT H0a_ T¥
Chapter 252, Florida General Statutes, provide, during periods of
298-J-10
emergency, that local governments may, "Waive procedures and for-
malities other wise required by law pertaining
a. Performance of public work.
b. Entering into contracts.
c. The incurring of obligations.
d. The employment of permanent and temPorary workers.
e. Utilization of volunteer workers."
3. P ~S_o~ . _
The maintenance of personnel records will be the responsibility
of the Deputy Directors. Medical facilities will maintain such
records of individual treatment given as deemed necessary by the
Deputy Director for Medical Services. Such records will accompany
personnel evacuated from the area.
Ail requests for assistance will be directed to the Director,
Civil Defense, whether inter-zone or inter-county. All requests to
obtain assistance from agencies not in Delray Beach will originate
with the Civil Defense Director and will be addressed to the Palm
Beach Civil Defense Director.
-10-
298-J-11
~NNEX "A"
Duties of the Delray Beach Civil Defense Council
Assume the overall responsibility and provide the general leader-
ship for the well-protection and rehabilitation of the City of Delray
Beach and its citizens.
a. Authorize and initiate a Civil Defense department for the eity.
b. Provide such regulations and ordinances that are necessary to
carry out the requirements of this plan.
c. Provide such funds as are deemed necessary to carry out the
provisions of this plan.
d. Exercise general supervision over the operation of this plan.
e. Establish emergency interim appointments and order of succes-
sion to ~ elective offices of the city so as to insure continuity
of government as provided in the Florida General Statutes.
-11-
298-J-12
ANNEX "B"
Duties of the Director of Civil Defense
1. MI$SION
To insure that the provisions of this plan are made known and
carried out by all persons responsible for any portion of the oper-
ation of the Civil Defense plan.
2. F~SPONSIBILITI~ES
a. Formulate a workable Civil Defense plan. -
b. Select Deputy Directors to carry out the operational require-
ments of the plan.
c. Plan and coordinate such training as is required to implement
this plan.
d. Plan and direct the overall activities of the operational
groups in carrying out the provisions of this plan.
e. Educate the public, by all available means, on Civil Defense
requirements and means of protection.
f. Procure and make available to the city and the public all
possible information, plans, suggestions and procedures relating to
Civil Defense and put out by the various County, State and Federal
Civil Defense offices.
g. Coordinate and integrate the requirements of this plan with the
County and State Civil Defense plans.
h. Coordinate with the Civil Defense Directors of the surrounding
municipalities for mutual assistance during periods of emergency.
-12-
298-J-13
ANI~_.X "C"
Duties of the Deputy Director fo~ Welfare
To p~ovide fo~ and control distmibutlon of ~he basic necessities
of l~e for those perso~ requi~ing assistance durt~ periods of
emergency.
e. ~helte~ (Stoeka~e, monXto~Xng ~d pe~so~el control.)
b. ~ooa (~oc~ement, sto~a~e, dtst~Xbution ~d co~ensetion.)
c. Clot~ (~oc~ement, Sist~ibutlon ~nd co~ensation.)
d. ~egist~atXon (Local ~esidents ~d evacuees.)
e. Reciting separated f~lies.
-13-
298-J-14
ANNEX "D"
DUTIES of the Deputy Director for Law Enforcement
1.
To protect life and property, enforce the laws and regulations,
control traffic and prevent subversive activities and sabotage.
2. RE, PONS IBILIT~
a. Alert warning (Civil Defense forces and residents.)
b. Law Enforcement (Protection of supplies & services, traffic
control, prevention of looting and sabotage.)
c. Evacuation (Designation of prima~y and alternate routes, means
of emergency circulation of essential forces and
equipment.)
298-J-15
ANNEX "E"
Duties of the Deputy Director for Safety
issio
To protect and prevent loss of life, damage to property, minimize
fire damage, effect rescue operations and monitor potential radiation
contamination.
2 ~ RESPONS IBILI~F~
a. Fires (Pr+otection of personnel & equipment.)
b. Rescue (Individual, isolated and mass cases.)
c. Radiological monitoring (General a~ea, supplies & equipment,
designation of danger areas, person-
nel monitoring, contamination con-
trol, decontamination procedures.)
-15-
298-J-16
ANNEX '~"
Duties of the Deputy Director for Engineering
1. MISSION
To mobilize the public and private engineering potential of the
city for the preservation of life and the reductions of hazards and
to furnish the necessary engineering knowledge and labor requi~ed
for this mission.
2. RES~pONSIBILITIES
a. Damage evaluation (Essential buildihgs, radiation contamin-
ation, emergency construction, rehabili-
tation.)
b. Shelters & refuges (Designation & utilization of mass shelters,
standards for individual or private
shelters.)
c. Utilities (Protection, rehabilitation and repair of
water, power, gas, sewage distribution
systems.)
d. Roads & bridges (Debris clearance, operation, emergency
repairs, traffic flow.)
-16-
298-J-17
A~-~X "G"
D~tiee of the Deputy Director for Medical Services
1. MISSION
To provide a rapid and positive means of copingwith medical and
health problems arising from an emergency period.
a. Casulties (Emergency treatment, evacuation, utilization of
qualified dentists, veterinarians, etc.)
b. First aid (Training to supplement medical staffs.)
c. Hospitals (Collection centers, operation, nursing homes,
private clinics.)
d. Mortuary services (Idenification, burial.)
e. Medical supplies (Location, use, replenSshment.)
-17-
298-J-18
AIfNEX '~"
Duties of the Deputy Director for Transportstion
1. MISSION
To organize and utilize the entire transportation potential for
emergency operations.
Z. RF~_ PONS!BILI[IE.~
a. Motor (Comme~cial trucks & busses, private vehlcles.)
b. Water (Boats, docks & routes.)
c. Air (Private planes, emersency strips.)
d. Rail (Traffic, sidinEs, supplemental communications.)
e. Maintenance (Ga~aEes, service stations, industrial shops &
equipment.)
f. Supplies (Sources of fuels, lubricants, parts. Method of
requisitionirlE and control.)
298-J-19
ANNEX "I"
Duties of the Deputy Director for Communications
To provide for and oofit~ol positive means of oormmAnioation, within
t~e city and to outstd~ agencies dttving.~e~iods of eme~gencies~
2. ~PONSIBIL~TI~ES
a. Radio (Official nets, covauercial and amateur stations &
Citizens Band nets.)
b. Wire (Telephone & telegraph.)
c. Maintenance & repair
d. Supplies (Sources, requisitioning, utilization.)
-19-
RESOLUTION' NO. 1350
A RESOLL~I'iO'N OF THh CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, DIRECTING
THE CITY TAX ASSESSOR TO ASSESS QUALIFIED
PALL-OUT SHELTERS AT RATES COMPARABLE TO
THE PRESENT ASSESSMENT BASIS USED FOR
GARAGES, CARPORTS~AND OPEN PORCHES.
WHEREAS, The City Council of the City of Delray
Beach, Plorida, is. cognizant of the. interest being dis-
played by the citxzens of this City.!..in the construction of
private fall-out shelters, and
WHEREAS, the City Council deems .it in the best
interests of the citizens, to have a .set. policy governing
the assessment of fall-out shelters, for.~ad valorem tax
purposes, and
WHF~EAS, the City Council also deems it advis-
able to define the type of construction..~hich, will qualify
a~ a fall-out shelter for assessment as, such;
· NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COUN-
CIL OF THE CITY OF DELRAy B.-.ACH, PLOI~IDA::
1. The City Tax Assessor is hereby directed to
assess "qualified" private fall-out she!ters at a rate
comparable to the present assessment basis used for garages,
carports, and open porches, namely at one-hail ~the rate of
the basis used for the assessment of %he main building lo-
cated on the premises.
2. A structure shall be identified as a "quali-
fied" fall-out shelter for the purposes of this, Resolution
when it conforms to the following standards:
:A) Upon the procurement by' the Owner 'bfa cer-
tificate from the local Director of Civil Defense (Or his
written approval on the plans) stating that such structure
meets at least the minimum requirements of a fall-out shelter
in conformity with the standards set forth by the Office of
the United States Civil Defense Director; 'and
(B) UPO~ the issuance of a building certificate
for the Construction of a fall-out shelter by the City Build-
ing Inspector, which certificate shall be so designated only
upon the presentment by the Owner of the Certificate (or ap-
proval) mentioned in Paragraph 2 (A) with the application
for building permit, and the Building Inspector is further
satisfied that the s~ructure also conforms to the~ Building
and Zoning Codes of this City. It is intended that .the
type of shelter contemplated by this Resolution shall be one
designed only for'primary use as a shelter, and not'as living
quarters.
PASSED AND ADOPTED in Regular session this
day of September, 1961.
ATTEST: ~
City
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