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12-26-61 A regular meeting of the City Council of Del~a2 Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, City Manager Louis J. Smitzes, City Attorney John Ross Adams and Councilmen Dugal G. Campbell, Glenn B. Sundy and John A. Thayer being present. Mayor Warren announced that Mr. Avery was in Duke Hospital for a checkup and wished him the best of luck. 1. An opening prayer was delivered by the Rev. Gustave Mal~quist. 2. The minutes of December 18th, 1961 Council meeting were unani- mously approved on motion by Mr. Campbell and seconded by Mr. Sundyf subject to the following correction; That the motion concerning Agenda item ~. c. was seconded by Mr. Campbell instead of Mr. S~dy. 3. Mr. Donald Farrar informed the Council that he had a check in the amount of $1,000.00 to be given to the Recreational Director of Delray Beach, earmarked for the purpose of building a complete Gym in the Civic Center, and suggested that he be the one to buy said equipment as he could get a bette.r price than the City could, possibly $1,500.00 worth of equipment for $1,000.00. Mr. Farrar stated that it would take three months to get this program going and it would involve body building, weight lifting as a sport, lifting in conjunction with other sports and general body conditioning for all ages, male and female, and further stated that he would do this if the City would put a $~0.00 horizontal bar on the grass strip south of the pavilion, for the good of everybody. Mr. Sundy moved that the Council thank Mr. Fari~ar for his generous offer and refer this subject to the City Manager and the Recreational Director to see what can be worked out, the motion being seconded by Mr. Thayer. Mr. Farrar informed the Council that the offer would only hold for a minimum length of time, and was informed that it would possibly take a couple of weeks. Upon call of roll the motion carried unanimously. 4. Mayor Warren stated that he thought the lighting on the front of the City Hall was very effective and thanked the City Manager. [~. Mr. Caw~.lI then commented as follows: "It has been, I think, my misfortune, and perhaps I asked for it although it was not so in- tended. A number of times during the past two years to be labled anti-police department. There has never been a time, not only in the last two years, or any othe~ time during my years as resident of the town when I have been anti-police. I would have to qualify that by saying there have been tiraes when I have not been in accord with some of the police actions or what I considered lack of action, but I don~t believe that could be possibly interpreted as being anti-police. There have been times when I have felt that more could have been done to stop the bolita. I would like to say at that point that I don't think anyone in town .enjoys a game of poker, a game of gin or shooting crap more than I do. I have shot crap in, I think, most places in the world, a good many of them at least. I apologize to anyone including my Pastor for that. In fact when I was asked to go on the Session at the church I brought out the fact that I did like to shoot crap and I no doubt would continue to. I have no quarrel with bolita as such, and the only quarrel I have with it, and I think any of us have with l~, is the possible tie-in. It was for that reason and that reason only that I took the position that I did take and will continue to take as far as b .lira is concerned. It has been said that I am anti- R. C. Croft. No one would be more happy than I if R. C. was found innocent. If on the other hand he is found guilty, no one faster than I would sa~ that he would then be at the mercy of the court, so to speak. I spoke this morning in caucus of the situation that I spoke of two or three weeks ago about the tickets o~ summons for parking, and I said then, and I said again this morning that I didn, t like to go to cocktail parties and hear someone bring up the subject of parking 400 December 26, 1961 "tickets and say that they or someone else was carrying a batch of them around in their pocket, that I thought if that was true the police department should move in on it, and I say that publicly to- night, if that is true I feel they should. But I don't see where there was any reason, Ed, and it was your paper, to make of that the fact that I am anti-police department. I would llke to think as 'I am leaving the service of the City that I have one or two friends. I don't say that I have all of them. I k~ow that I haven't and in fact I might even go so far as to say that the~e might be one or two that I wouldn't want to call friends, but I would hope to think that the majority believe that I have tried to do a Job in so far as the police department is concerned as in other departments and not label me as anti-police. I don't know whether you can make anything out of that or not but it is a flat denial of your statement in the paper, make of it what you will. And, Lots, if I may address this to you, I am taking the same position that I took with you in private during the past week. I will leave it at that point." 5.a. Concerning further consideration of Planning Board Report re- garding permissive use that was deferred at last Monday night's Council meeting, ~. Campbell moved that the Council consider voting in favor of the following: "1. As favoring the idea of boat docks, properly designed, on subject land. 2. As looking with favor upon the present request for permissive uses on subject land, based on plans and lay-outs of such proposed uses, to be presented at proper time in accordance with present procedure including proper hearings pertain- ing thereto. 3. As having it understood that such plans are to in- clude lay-out of buildings, docks, club facilities, etc. and also landscaping, entrances and parking facilities. 4. That in approving the general idea of this request, the Council is not committing it- self or future councils with respect to present procedure, consisting of necessary and proper hearings before the Planning Board, complete with plans for above development including consideration of such permissive uses and recommendations from the Planning Board and final approval from the City Council." The motion was seconded by Mr. Thayer and carried unanimously. 5.b. City Manager Smitzes presented bids on insurance coverage for 1962 to the Council together with a memorandum from himself and a memorandum concerning same signed by Director of Finance Carl Gessler and Clarence O. Beery as Supervising Agent of Record. The City Manager then recommended that the low bids from the six participating bidders be accepted as follows. 1. Comprehensive General Liability, Including Products to Amlin Insurance A~ency in the amount of $3,517.35. 2. Workmens~ Compensation to Beery & Brown Agency in the amount of $12,433.64. 3. Comprehensive Automobile to Beery & Brown Agency in the amount of $3,~03.88. 4. Auto, Fire,Theft and ComDrehensive to Amlin Insurance Agency in the amount of $497.52. 5. Equipment Pleater, Ail risk - $100.00 Deductible to Oracey Brothers in the amount of $580.86. 6. Water Towers, Ail risks except Subsidence and Collapse in the amount of $889.20; .Additional for Subsidence with $1,000.00 de- ductible in the amount of $85.50, and Additional for Collapse in the amount nf' $136.80, all three to Gracey Brothers. . Employees Blanket Bond to Plastridge Agency in the amount of 302.52. 8. Treasurers Bond to Amlin Insurance Agency in the' amount of $292.50. 9. Volunteer Firemen, 260 weeks disability to Plastridge Agency in the amount of $126.75. It was moved by Mr. Sundy to accept the low bid on all nine items as recommended. The motion was seconded byMr' Campbell and carried unanimously. 5. c. (supplemental) City Manager Smitzes recommended that a duplicating machine be purchased from the American Photocopy Equip- ment Company at a net price of $323.50, as the machine now being used is not satisfactory. The City Manager requested that he be authorized to transfer the appropriation for same from BUILDING & STRUCTURE ACCOL~NT, having a surplus in capital outlay of an item already pur- chased, it being so moved by Mr. Campbell, seconded by Mr. Sundy and unanimously carried. -2- 12-26-61 December- 26, 1961 5. d. (supplemental) Concernin~ consideration of pending suit of Sandoway East, Inc., ~1. City of Del~ay Beach, City Manager Smitzes reminded the Council ~hat they had received a recap on the current status of this suit from the Cit2 Attorney. City Attorney Adams asked the Council for permission to settle according to the offer that had been made or authorization to go to trial. M~. Campbell moved that the City Manager and the City Attorney be authorized to close the matter out at one half of the amount involved, which amount is $657.LI.9. The mQtion was seconded by ~,. Tha~er and ca,tied unani- mously. 5.e. (supplemental) Concerning consideration of the Beach Improve- ment Project, the City Manager informed the Council that there are two items that should be clarified. a. Regarding the purchase of sixty coconut palms, the City Manager reported that six bids were solicited and only one proposal was sub- mitred in the amount of $4,200.00, and that the original estimate was $750.00 for seventy to eighty trees of from four to ten feet of wood. The City Manager recommended that the bid be rejected and a new re- quest for bids be made at the end of the season to acquire more favorable prices. It was moved by Nu~. Sundy that the bid be rejected as recommended, the motion being seconded by Mr. Thayer. Following discussion, the motion carried unanimously. Nm. Sundy then suggested that the Beach Taxpayers League be contacted concerning the purchase and planting of the coconut trees on the beach. b. Regarding improvement of Sto~m Sewer 0utfalls now draining AIA, the City Manager reminded that an estimated ~2,100.00 was authorized by them on October 16th, 1961 to be appropriated for these improve- ments and requested clarification as to Councilts pleasure to charge this item to beautification of the beach or charge same to the Beach Disaster Fund, and recommended that same should be properly charged to the Disaster Fund. Hr. Thayer moved that the City ~Ianager~s re- commendation be observed in this respect and that the expenditure be charged to the Beach Disaster Fund, the motion being seconded by Hr. Campbell. Discussion followed and it was reported that there was approximately $80,000.00 in the Beach Disaster Fund. Upon call of roll the motion carried unanimously. 7. a. City Clerk Worthing read ORDINANCE NO. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, A~EXING'TO THE CITY LOTS 11 AND 16 IN BLOCK ~, KEN}fONT S/D PLAT BOOK 20, ? GE 65 aEINO IN SECTION 21,T0WSSHIP S., RANOE EAST. Ordinance No. G-~5 was unanimously placed on first reading on motion by Mr. Sundy and seconded by Mr. Thayer. ?.b. There being no objections t° the Assessment Rolls for the im- provements in Block 100, City Clerk Worthing read ORDINANCE NO. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL~ ~UBMITTED BY THE CITY MANAOER OF SAID CITY CONCERNING THE FOLLOWING IMPROVEMENT3 IN BLOCK 100; GRADING AND PATING OF THE EAST- WEST ALLE~ TO A WIDTH OF SIXTEEN FEET~ OPENING, GRADING AND PAVING OF THE NORTH-SOUTH ALLEY TO A WIDTH OF ~IXTEEN FEET: AND CONSTRUCTION O~ STORM D~IN~ TOGETHER WITH THE IN3TALLATION OF ~ATCH BASIN~, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCN STORM DRAINS. (copy of Ordinance No. G-~23 and accompanying assessment rolls is attached to and made a part of the official copy of these minutes.) See PaAes ~0~A, 20~B, ~0~C and Ordinance No. G-~23 was unanimously adopted on second and final reading on motion by }t~. Campbell and seconded by Mr. Sundy. -3- 12-26-61 December 26, 1961 ?.c. City Clerk Worthing read ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, FIXING THE SALARIES OF THE CITY COUNCILMEN AND THE MAYOR. WHEREAS, a majority of those qualified electors of the City of Delray Beach, Florida, who participated in voting in the December 1961, election approved that certain act of the Florida legislature allowing the City Council to fix the salaries of the Mayor and the Councilmen within certain maximum limits, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWB: Each Oity Councilman, during the term of his office, shall, re- ceive compensation in the amount Of. $100iO0 peP-.;month-and., the'MayOr of the City of Delray Beach, Florida, shall receive compenaation' during the term of his office in the amount of $150.00 per month. PASSED AND ADOPTED on the 26th day of December, 1961. There being no objections to Ordinance No. G-4P~, it was moved by Mr. Thayer, seconded by Mr. Sundy and unanimously carried to adopt said ordinance on this second and final reading. Mr. Campbell asked if there was any provision in the ordinance whereby one who doesn,t want to take the salary can drop it back into the city treasury. X. City Manager Smitzes reported that thru the efforts of City Clerk Worthing an acceptance has been acquired from the Trustees of Tropic Isle Subdivision for the installation of the Storm Sewer on Spanish Trail. Mayor Warren then relinquished the Chair to Vice Mayor Campbell and moved that the drainage at Spanish Trail be approved and that the proper documents be prepared, the motion being seconded by Mr. Thayer and unanimously carried. 9.a. City Manager Smitzes presented a bill from Russell & Axon and stated that in accordance with the terms and conditions of the Engineers Contract and documents attached thereto, dated September 30, 1959, that the bill from Russell & Axon in the amount of $19,936.21 is now due, and recommended that money be temporarily ap- propriated from the unappropriated surplus until such time as the proceeds from the sewer bonds are received by the City, it being so moved by Mr. Campbell, seconded by M~. Th~yer and tu~animously carried. City Manager Smitzes presented a bill from City Attorney Adams for services rendered in connection with the sewer bond validating proceedings in the amount of $2,842.00. It was moved by Mr. Thayer that the bill be paid and that the Council deeply appreciates the work that he did and feels that the bill is very reasonable. The motion was seconded by Mr. Sundy and carried unanimously. The City Manager presented a bill in the amount of $25.00 from City Attorney Adams as a result of a request from the City Manager that the Attorney represent the City in prosecuting a case in Municipal Court on December 13th. The bill was unanimously ordered paid on motion by'Mr. Thayer and seconded by Mr. Campbell. City Manager Smitzes presented Bills for Approval as follows: General Fund $ 17,433.59 Water Fund -Operating Fund 571,55 On motion by ~ir. Sundy and aeconded by Mr. Campbell, the bills were unanimously ordered paid. X. Mr. Campbell asked about the use of Lindell Boulevard which had been brought to the attention of the Council recently, and the City Manager reported that no truck traffic is permitted on Lindell Blvd. in accordance with previous Council action and the Council policy is being enforced as to the use of that street by all trucks. December 26, 1961 X. Mr. Campbell moved that thanks and appreciation be given to the Employees Credit Union for the coffee and coca-cola that have been given to the Council during the past year at their work-shop meetings. The motion was seconded by Mr. Thayer and ca. tied unanimously. The meeting adjourned at 8~40 P.M. ROBERT D. WORTHIN~. APPROVED: ,~Tg y 0 R -5- 12-26-61 ORDINANCE NO. G-423. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSM~T ROLLS SUBMITTED BY THE CITY MANAGER OF SAiD CITY CONCERNING THE FOLLOWING I~ROVE~NTS IN BLOCK 100; GRADING AND PAVING OF THE EAST-WEST ALLEY TO A WIDTH OF SIXTEEN FEET; OPENING, GRADING AND PAVING OF THE NORTH-SOUTH ALLEY TO A WIDTH OF SIXTEEN FEET; AND CONSTRUCTION OF STORM DRAINS TOGETHER WITH THE IN- STALLATION OF CATCH BASINS, ~N-HOLES AND APPURTEN- ANCES IN CONJUNCTION WITH SUCH STORM DRAINS. ~6EREAS, the City Manager of the City of Delray Beach, Florida, has, in pursuance to the Charter of said City, sub- mitted to the City Council for approval, a report of the costs and the assessment rolls for the following improvements in Block 100; grading and paving of the East-West Alley to a width of sixteen feet; opening, grading and paving of the North-South Alley to a width of sixteen feet; and construction of storm drains together with the installation of catch basins, man-holes and appurtenances in conjunction with such storm drains, and WHERF~S, said reports and assessment rolls were approved by the City Council in regular session on the llth day of December, 1961, and WHEREAS, due notice concerning each assessment roll was given by advertisement, by the City Clerk, in accordance with the City Charter of said City, for the purpose of hearing ob- jections to said assessment rolls, and WHERF~S, no sufficient objections were receiv.ed to the confir~ation of said assessment rolls, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City of Delray Beach, Florida, as follows: SECTION 1. The assessments, as shown by said assessment rolls which are annexed hereto and made a part hereof, are here- by levied against the properties shown and in the amounts stated on said assessment rolls, said assessments to be paid in three equal annual installments, together with interest at the rate of 8% per annum, the first installment becoming due and payable on January 25th, 1962 and on the 25th of ~anuary for the next ensuing two years; and said special assessments, so levied, shall be a lien from the date the assessments become effective, upon the respective lots and parcels of land described in said assessment rolls, of the same nature and to the same extent as the liens for general city taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as city taxes are collect- ible. PASSED in regular session cond and final reading on this the 26th day of December, ~ng~ ATTEST: City Clerk December 11, 1961 First Reading ....... ~ ...... Second Reading_ December 26, 1961 ASSESSmeNT ROLL For Grading and Paving of the East-West Alley in Block 100 to a width of 16 feet. DESCRIPTION OF FRONT FRONT FT. TOTAL BLOCK L.~OT 100 1 Zucker~an's, Inc. 47.7 .2355 $ 11.24 100 2 & 3 H.W. Arcade Corp. 95.4 " 22.4~7 (Le seee ) 100 4 Robert E. & Margaret W. 47.7 " 11.24 Mc Cabe 100 5 & 6 less J.S. Wuepper 90.4 " 21.29 E5' of 6 100 7 less NiO'F. Anthony, Nancy P. & 125 " 29.~;! & El0' Gladys C. Butler 100 20 Neil E. Mac ~[illan 135 " 31.79 541.2 * 127.47 Resolution No. 1279 $ 23.10 Assessment Roll (Est) 12.00 Ordinance Caption (Est) 5.50 Paving by Palm Beach A~phalt Corp. 196.65 Engineering by City (9%) 17.70 -~25~.95 Less 5~ 127.48 City Share of Cost per Res. No. 1279 * 50% to be ASSESSED $ 127.47 ASSESSMENT ~ROLL For Opening, Grading and Paving of the North-South Alley in Block 100 to a width of 16 feet. DESCRIPTION OF FRONT FRONT FT. TOTAL PROPERT? OW,I~,,~ ~'O-~GE ~ssEss~NT ~ BLOCK LOT 100 7 less F. Anthony, Nancy ,~. & 54 2.5356 $ 136.93 NlO' & Gladys C. Butler Less El0' 100 8 & NlO' Florida Coastal Theatres 74 " 187.64 of 7 less ES' 100 9 less El0' J.R. Nieder 64 " 162.28 100 10 less J.R. & Marie P. Nieder 64 " 16Z.28 El0' 100 ll less Jane C. Cromer 64 " 162.28 ElO' 100 12 less Ted & Andrea L. Jakomas 64 " 162.28 El0' 100 13 less Ted & Andrea L. Jakomas 6~ " 162.28 El0' 100 14 Katie L. H.G. Peabody & 6~ " 162.28 Douglas D. Cary 100 15 J.G. & Carlotta B. Wellbrock 64 " 162.28 lO0 16 & 17 J.A. & Cassie Lamb 128 " 324.56 100 18 Irene C. Moore 64 " 162.28 100 19 J. Myer~ Estate 64 " 162.28 100 20 Neil E. Mac Millan 64 " 162.28 896 $ 2,271.93 Resolution No. 1277 $ 23.10 Assessment Roll (Est) 12.10 Ordinance Caption (Est) 5.50 Contract, B.B. Boldt 2,047.00 Engineering by City (9%) 184.23 100% to be ASSESSED $ 2,271.93 ASSESSMENT ROLL For Construction of Storm Drains in Block 100 with installation of catch basins, man-holes and appurtenances in conjunction with such storm drains. DESCRIPTION OF T0~AL AREA AS$'M PER TOTAL PR'oPZR' ¥ BENEFZTED BLOCK LOT ~ ~'i~ Zucke~man~s, Inc. 6,678 .0113~ $ 7~.76 lO0 2 & 3 H.W. Arcade Corp. 13,356 " 151.51 (Lessee) 100 ~ R.E. & Margaret W. 6,678 " 75.76 Mc C abe 100 5 R 6 J.S. Wuepper 12,656 " 1~3.57 less E5' of 6 100 7 less NlO' F. Anthony, N~cy 6,750 " ~6.57 & ElO' P. & Gladys C. Butler 100 8 & NlO' Florida Coastal 9,620 " 109.13 of ? less Theatres ES' 100 9 lesa E J.R. Nieder 8,000 " 90.76 10. . 100 l0 less J.R. & Marie P. 8,000 " 90.76 El0' Nieder lO0 ll less J~e C. Cromer 8,000 " 90.76 El0' 100 12 less Ted R Andrea L. 8,000 " 90.76 El0 ' Jakomas lO0 13 less Ted & Andrea L. 8,000 " 90.76 El0 ' Jakomas lO0 l~ Katie L. & H.G. Peabody_ & Douglas D. Cary 8,640 " 98.02 lO0 15 J.C. & Carlotta B. 8,640 " 98.02 B. Wellbrock lO0 16 & 17 J.A. & Cassie Lamb 17,280 " 196.03 100 18 Irene C. Moore 8,6~0 " 98.02 100 19 J. Myera Estate 8,6~0 " 98.02 lO0 20 Nell E. Mac Millan ~~ " 98.02 ~ * 1,772.23 Resolution No. 1281 $ 24.75 Assessment Roll (Est) 14.30 Ordinance Caption (Est) 5.50 Contract, B.B. Boldt 1,991.50 Engineering by City (~) ~ Less 2~ ~3.06 - City sha~e of Co~t . ..~.. per Res. No. 1281 · 8~ to be ASSESSED $ 1,772.23