01-25-60 ~.
JAN UAP~ 25th, 1960.
i Regula~ Meeting of the City Council was held in the Council
Chambers at 8.00 P.M., w~thMa?r Glenn B. Sundy in the CHair, Acting
City.M~nager R. D. Worthlng, City. Attorney Richard F. Zimmerman and
Councilmen Col, Dugal G. Campbell, Charles H. Harbison, John A.
Thayer and GeorgeV. Warren being present.
An opening prayer was delivered by Rev. N. H. Wible.
On motion of Mr. Warren, seconded by Mr. Tha~er, the Council
unanimously approved the minutes for Council Meetings of January 18,
19th and 21st.
· Mr. Thayer then informed the Council of his having talked, so-
cially with a graduate agronomist, Mr. A1 Witherspoon, who had told
~lm it would ~e possible to spr~y-~reat lots and parcels of land with-
in the City w~th a solution to ~nhlbit growth of grass, weeds, etc.,
thus making it necessary ~o clear.the lots less often. Mr. ~ither-
spoon addressed the CounCml, telling the Councilmen that he knows of
some solutions available and that he would appreciate an opportunity
to test some on City property in o~der to determine the best solu-
tion or treatment for the purpose ~n Delray Beach. Mr. Campbell
moved that the City Manager provide, throuEh the Director of Public
Works, a parcel of City-owned land for ~e~t purposes by Mr. Wither-
spoon in cooperation with the Parks Division. Mr. Thayer seconded
the motion, same being unanimously accepted.
Acting City Manage~ ~o~thing then informed the Council of the .
request received.fromMiss. Loutse Bettcher, $8 Southeast Fourth Sve.,
that she be furnished a driVeway entrance to her property replacing
the ramps she had f?merly used ~o.allow cars to c~oss the curb. Miss
Bettcher is a semi-~nvalid, receiving part of her ~ncome from the re~-
tal of her garage. The City forces removed the original ramps at the
time the street was improved and sidewalks installed, and did not
provide for a driveway entrance. Miss ~ettcher states that it would
work an extreme hardship on her to prowde the driveway entrance.
On recommendation of the ~fty Manager, and upon motion of Mr. Ca~pbell
that the entrance be provided at City expense, cost of which to be
approximately fifty dollars, seconded by Mr. Harbison, the Council
unanimously approved such driveway entrance being provided by the
City.
Mr. '~orthing informe~ the Council t~at, pursuant to their pre-
vious instructions, the D~rector of Public ~orks had worked with
Brockway-~eber & Brockway, Consulting Engineers for ~he storm drain-
age program, and ~he¥ had approved the plans of the Director for re-.
surfacing of that part of Seabreeze Avenue lying between Thomas Str.,
and Basin. Drive as a part of the City's street maintenance program.
Mr. Worthlng further told the Council he had been informed by the
Director of Public ~orks that such project would begin on a Monday _
~nd woul~ be completed before the end of that week thereby eliminat
lng any ~nconven~ence or possibility of said Avenue being closed over
a week-end.
Mr. ~arren then moved that the Council approve the recommenda-
tion that the work be done subject, however, to the Director of Pub-
lic.~orks contacting the owners of abutting properties in the block
and that a majority of the owners determine when the work shall be
done. Motion was seconded by Mr. Thayer and unanimously passed.
A letter from Mr. James S. Marsh of $09 N.E. 22nd Street, City,
representing Skyworkers of ~est Palm Beach, in which he stated that
he is interested in obtaining a contract for collection and disposal
of trash in the City of Delray Beach was ordered acknowledged and the
Acting City Manager was requested to make any study he sees fit and
submit a recommendation to the Council concerning such service, on
the motion of Mr. Harbison, seconded by Mr. Thayer and unanimously
agreed.
Acting City Manager ~o~thing then read an amended "Lease" in
favor of the V.FeW., provzdlnz for 'Use' of. Block $7 7 PO~N~. LEAG.UE
PARK - for a period of ten (10) years. Durzng following d~scuss~on-
concerning sazd Lease, M~.. Gordon Lane, representative of the V.F.W.
concurred with the Council concerning the ~Amendment' to the lease
as prepared by th? City Attorney in conjunction wither, Lane and
other representatives of the V.F.W.
Mr. Campbell then moved for execution of the proposed lease,
prepared by the City Attorney, as amended and agreed upo~ by Mr. Lane
on behalf of the V,F.W. Motion was seconded by Er, Harb~son and unan-
imously passed.
Actinz City Manager Worthing then referred te the previously
submitted "Certificate of ~ogvenience.and neces~ity"application of
Freddie Monroe, for an additional Taxx Cab and znformed the Council
that the Chief of Police, following investigation of the number of
Cabs now in operation, and the apparent need for such service, rec-
comends recognizing the need for an additional Taxi Cab.
-Mr, Thayer then moved that a "Certificate" be issued to Freddie
Monroe, as recommended b~ the Chief of Police. Motion was seconded
by Mr. Harbison and unanzmously approved.
The following 'Bills' were approved for Payment on motion of Mr.
Campbell, seconded by Mr. Thayer and unanimously agreed:
Beach Disaster Fund $ 2~392~92
Wate~ Fund - Operating Fund 150~349~20
Speczal Assessment Fund 60~000~00'
Refundable Deposits Fund 17,000~00
Beach Disaster Fund -607~08
General Fund - Sinking Fund 9~000~00
Cemetery Perpetual Care Fund 6,000.00
(Detailed List.of Expenditures and Transfers comprising the ab?e
transactionszs filed w~th the official copy of these Minutes).
Mr. Campbell then brought up the matter of Alvah H. Walker's
request t~at he be placed under sgcial security coverage.from the
time of h~s employment with the C~ty of Delray Beach. Cxty Att'y.
Zlmmerman informed the Council that he had talked about this matter
wither. Gessler, Director of Finance, and that Mr. Gessler advised
him of having contacted the Florida Industrial Commissionwhich
administers the program and which Board told Mr, Gessler that Mr.
Walker could not be covered during the first six months of his em-
ployment because he then was considered a temporary employee. How-
e?r,.social ~ecurity coverage could be made retroactive to the ex-
piration of h~s first six months of.employment,.without penalty to
the Czty or the employee, and the Dzrector of F~nance has obtained
the nffcessary forms to accomplish this if the Council desires,
Mr. Campbell then moved that Mr. Walker be placed on a permanent
basis as of the date which is six months from his initial appointment
and that he be covered by Social Security back to said date, the City.
to ~a~ its p~oportionate share as if he were and had been included in
soc~az security after the six months period of temporary employment.
Motion was seconded by Mr. Harbison and unanimously agreed.
Mr. Warren then requested the City Manager to determine what
the gas company is supposed to be doing concerning replacing the dirt
on the sides of the roadways ~nd the street paving ~ere it has been
cut ~or installation o~ gas l~nes..Director of. Publzc Works - Mr.
Flemmng told the Co.ung~l that the C~t~ has a written agreement from
the gas company offzc~als that they wxll replace all pavement and all
the shoulders exactly as they were found or in be~ter condition, and
they are now awaiting for pre-settlement in many znstances, but have
agreed in writing to replace materials distrubed and have posted a
bond to assure compliance.
2
JANUARY ~ 25th, 1960.
Mr. Campbell then inquired if any report was available relative
to the condition at the Ice Plant. Mr. Fleming replied that he had
caused to be made surveys and tests of salinity of the soil but such
test did not disclose any salinity. Mm. Fleming further informed the
Council that action is being taken to raise the level of the alley-
way so that~no water can drain onto the roadway, and that it might _
be necessary to add to the surface of Northeast Second Street to con
trol drainage, and perhaps an additional catch basin will be neces-
sary. Surveys are not complete at this time.
Mr. Campbell then asked if the Chief of Police had given recent
consideration to the parking problems and the difficulty of getting
in and out of parking spaces near the Post Office. N~. Charles Wick
from the audience suggested the street be made one-way in front of
the Post Office. Chief of Police Croft said that his department has
been studying the situation, and attempting to keep traffic moving.
in the general area of the post office. He stated that since parking
spaces are so scarce in that area he has been reluctant to remove any
because all are needed and used. He stated he will. make further
study before submitting a recommendation.
Mr. Warren requested that the agenda for the next regular meet-
ing provide for consideration of -
1. Appointment of Committees.
2. Definite appointment of a Board of Adjustment.
$. Drawing up of necessary ordinance for a Board of Adjustment.
4. Consideration of plans for a new City Hall and Jail.
8. Report from the Recreation Department concerning a new community
center.
6. Provision for a sidewalk on N,E. 8th Street and to determine how
far it is possible to go and if the City can provide for same.
Mr. Worthing then requested authorization for the City Tax Col-
lector to refund two OccupatiOnal License FEES, previously collected
for Licenses unable to be used -
License No. 1218, issued to Dr. Louis Zasly, M.D. (Deceased shortly
after issuance of License; and
License No. 159~ issued to Dalby Exterminators who then were denied
a license by the State of Florida, thereby causing License No. 1591
unusable.
On motion of Mr. Harbison and seconded by Mr. Thayer, the Coun-
cil unanimously approved refund of said License Fees, as recommended
by the City Manager.
Nayor Sundy then read the following~-
"I personally think that, as Mayo~ of the City of Delray Beach,
I should make a statement for the Records concerning all the publici-
ty we have had on bolita and other gambling going on within the City.
i have not appointed any one member of the City Council to per-
sonally carry on an inTestigation and a~ter taling to all other mem-
bers of the City Council no such authority has been granted in my ab-
sence.
I am recommending to the CityCouncil that it take whatever
steps may be necessary to turn this matter over to the grand jury or
county solicitor for a thorough investigation. I am sure that your
elected officials will stand behind these findings 100%.
In all fairness to our Chief of Police, I talked over this mat-
ter with him today and he was in accord.
I sincerely hope that the Grand Jury or County Solicitor will
take over and that we can direct our efforts and attention to the
~any other important things we should be working on, such as carry-
~ng on our street improvement program; a Suitable city hall to fit
our needs, and one of the most important projects - a Community Cen-
ter. We have not had one since the old Booster Club burned a few
years ago.
JANUARY ~ 25th, 1960.
Mr. Campbell stated that he is in accord with the statement made,
~ut he b$1ieved he had m~.de it.clear hew as acting as an individual
l~ anything he had done ln.tryzng to bring bolita out tow here he be-
lzeved ~t belonged. He ~azd he hoped he had not been embarrassing to
any me~bers of the 9ouncll, but that he reserved.the right to act as
an individual on th~s matter or any other he belzeves to be worthy of
attention. He further stated he hoped to do nothing to delay the
City operation in any manner.
MEETING ADJOURNED - on motion of Mr. Warren
Seconded by Mr. Harbison. -
R. D. ~ORTHING