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09-29-60SpMtg SEPTEMBER 29, 1960. A Special Meeting of the City Council of Delray Beach was held in the Council Chambers at 11.-00 A.M. with Mayor Glenn B. Sundy in the chair, City Manager George Mingle, City Attorney Richard F. Zimmerman and Councilmen Dugal G. Campbell, Charles H. Harbison,' '. John Ac Thayer and George V. Warren being present. MaYor Sundy called the meeting to order announcing that same had been scheduled for the purpose of discussion concerning the 100 foot Municipal Beach. City Manager Mingle read the following letter from the Beach Committee dated today: "The Beach Committee is gravely concerned over the recent flooding of beach in Briny Breezes. "In April, 1960 the City filed application with the County Planning & Zoning Board for permit to construct bath-house facilities. The plans have stamp of approval from State Board of Health. To date no permit has been issued, nor has the City been advised why. "We earnestly request the City Commission meet with the County Commission to discuss this matter, and to obtain permit for building. "Since 1953 this px-operty has been used as a munio~'pal beach for Delvay Beach citizens. Some improvements have been made; however there is no doubt in our minds but that the bath-house facilities should be constructed as soon as it is possible." Mr. Campbell moved that the City Manager or the Mayor be requested to immediately contact the County Commission and ask for a special meet-- ing to be held as soon as possible and if it is not possible to have a special meeting that we ask for time on the agenda for their next regular meeting .with the~ purpose of asking for immediate action on our latest request for 'a permit to build or put into effect the im- provements that we have in mind to build at the beach at Ocean Ridge. The motion was seconded by Mr. Thayer and carried unanimously. Mr. Campbell then moved that if we fail to get the action that we are asking for from the County Commission that our Attorney be asked to bring mandamus proceedings' at once to bring about a permit or at least to find out why we are not getting the permit. Following discussion the motion was seconded by Mr. Ha~bison and unanimously carried. Mr. Campbell stated: "I was told unofficially by a party, should know, that :the 1/ayor of Ocean Ridge is on record that the Municipal Beach property has been annexed. That statement like many other statements that he made is not quite in keeping with the truth." Following discussion Mr. ~arbison moved that the City Attorney be instructed in connection with the consulting attorney to make a study so they would be in a position to advise the Council what re¢ottrse and what steps we might take. The motion was seconded by Mr. Thayer and carried unanimously. Following further discussion Mr. Campbell moved that the City Manager and the attorney be authorized to prepare and proceed with any action necessary to appeal, to the Supreme Court of Florida in case the court of appeals passes down a decision against us before have a chance to meet with the County Commission. The motion was seconded by Mr. Harbison and carried unanimously. Mr. Thayer then moved that the motion made by Mr- l~arbi=on to the one Just adopted be rescinded, the motion being ~econded by ~h~. Campbell and carried unanimously. SEPTEMBER 29, 1960. Mr. Campbell then asked that his following comments be made a matter of record: "I believe when I made a rather pointed statemeut that the Mayor of Ocean Ridge had deliberately lied in his statements given to the press as indicated by reading in the press, I have no way of knowing that he deliberately lied and I would like to have the records show that I am not in accord with the statements that he allegedly made as to the filth that was found on the beach nor as to the statement that he supposedly made to the county officials and th~ press that we were annexed and a part of Ocean Ridge. I am posltive that we have not been annexed and I am just as positive that no filth was found on the beach but i have no way of knowing what his intent was, therefore, I withdraw my statement that he was deliberatley lying when he gave those statements." Mayor Sundy read a letter from the District Representative of the Postal Authorities regarding their desired location for a new Post Office building. Following discussion Mr. Campbell moved that the Council should go on record that we are willing to consider any location for the Post Office site that is properly zoned but that we are not willing to.rezone property for that purpose. The motion was seconded by Mr. Warren and upon call of roll Mr. Campbell, Mr. Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Harbison being opposed. Mr. Campbell brought up the subject of the water and drainage situation in the Southwest part of town and following comments and discussion moved that the City Manager employ necessary rental equipment for aiding in the further elimination of the excess water, as a result of the recent abnorm~_l rains, in the Southwest section of the City. The motion was seconded by Mr. Warren and unanimousi? carried. The meeting adjourned at 11:50 A. M. on motion by Mr. Harbison~ ROBERT _D.. WORTHING CitY ~lerk APPROVED: MAYOR / 2