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05-13-68 13, 1968. A regular meeting o£ the City Council o~ Delra¥ .M vas held in tho Co~cil Chambers at 8=00 P.N., with ~ayor J. L, S~rs in the Ch~tr, City Nanage~-David M. Gatchel, City Attorr~y John.. RoBs Adams, .a~..d COunci~'aen ~.ames H. ~Urney,~ LeROy. W. Merritt, James 0', ~. YoungbloO~ being present. :.- 1, An opening prayer was delivered by ~a.v.F.G. Pinkston, 2. The Pledge .o£ Allegiance to the Flag. o£ the U~ite~ Stat~s o£ 3. The n~Lnutes ~:£ the regulA~ C~mcil meeting 0£ Apri1 22, 1968, uaan .h~ously approved, on motion by Mr. ~u=ne¥ and s,econded by £ollo~_ng letter to the City council 4, city clerk Wor~hing read ~e ; ~ · ~tcn the ConnunitF ~elations COmmittee,... dated ~uy 9, 1968~., *'The m~=e o£ the Con~unity Relations Committee of Delray Beach would like to-thank the City Council, the City Manager, the City Clerk.. and a~L those in the Ad~inistration who helped to make ~he ~norial Service for Dr. Mart~n Luther a moving and inspiring occasion. ' - we.~ £ound working with yOU a re~arding experience and · le to o n with u i~,o,the~ ~£,f.q,z~. ~ to a~hieVe'Und~rstanding. It is" ou~..hOpe 2hat mutUaA, .... , . ~,'. Ix. : .' ~.'A ~ "~- ?.~' 5; Mr';:' ~J.U~eY ~e~e=rbd ~O:'a complaint 'he received regarding t~ees ad: l~i~li':g~ib 'On' S. '~. ~_Oth 'COu~t o£f o£ l~son Boulevard. and' asked i~hat ,,,th_~s item be checked. ,~a. y0..r~ Sa.vnd~rs asked that .the City ~anager ; a~ Council meet- 5~/. ,AS a' ~eS~lt Of 'Council directive a~ the last ~ig "2~it '~. ~f~itt ne~otiate with p~oper~y o~ers rega~ding proposed p, urch~e o£ pro~p~rti~,s o££,er.~t ~or sale. ~ the. Cit~...,~9~ ~ers:i6f'.the"~n-lire ~1 p~perty, ~ said p~ty., assessed ~::'city~'~o= t~ ~ses at $156,000., could be pure, ed ~o= SeO,O0~. ~ said he ~eelo t~s.is .~.highly,desir~le. piece'o~ t~m ~e $6~0,000 capital lmprov~ ~nd Issue; by ~. ~e~. ~ "'2he ~C'~n e~e~sea .~$~ desire to pur- chase additio~!":~o~t~ .' ~or .oe~-~t~:':P~ki~ _'~S :'~heM zu~y aecoracea, als~ngu~snea acclng, Pest aressea group or' people that it has been his Pleasure to be around, and that two of the police offiCers on dutY at that 6Ccasion wer® tesrti~ll'ial~'' witnesses' to that fact. ~ · .. . 5. Mayor Saunders l~resented the following three PROCLAMATIONS.- Concerning the Shriners' HoS~itals for Crippled Chilflre~ and Burns Institutes, proclaimed Sunday, May 19th, as SHRINE HOSPITAL DAY. Concerning the AmeriCan' M~=chant Marine and a Presid'ential Pro- clamation, ~roclaimed May 22~' 1968, as' NATIONAL MARITIME DAY. Proclaimed the month of May, 1968, as ANTI-LITTER'AND KEEP DELRAY BEACH CLEAN MONTH, and 'asked that all citizens join with the loca-I Garden Clubs in keeping this City beautiful. Mayor Saunders said that inasmuch as there is a long agenda and a capacity crowd present,-, he WOuld change an agenda item and ask for public requests from the floor at this time~ 10.a. Mr. Wi!~e Simmons, President of the Progressive Committee for Civic Action '0~WDelray Beach, Presented a report conunenting on local and higher governmental conditionS., also concerning a request made several weeks ago regarding a lighted ball field at Teen Town Center. pgs. (Copy of said report is .attached to the official copy. of these minutes)100-GH_ Concerning 'a~ ~'~ghted hal'1 fleId a~' that location, the City Manager said that the d~.V~o~nen~t of statistics presetlted to C0uncil last week =equired.a Cal~Ita~l outlay of some thirty thousand do!lars for the pro- per alignment of a ponY leagUe field, to include getting the present grandstands on City-OWned property and proper lights~ further, the other alternative was~ for a full size field, which wOuld require more property and would cost approximately $~0.~000. an~ that the City does not have those Sums' ~n its present budg~~ He reported that when the Council received said report, he had bee~ ~nstrUcted to work on a pro- gram of enlarging Sterling Field to a fuil size ball field with the idea ...... of using the ~.Teen~Town location~aS a pon~y leagUe, field. ' Mr. SimmOns .said they are in fuli ac~6r~ with the idea of placing a pony leag~ ~e. ld at Teen Town Center with the large field 'being con- str~cted on Atlantic Avenue. 10.a. Rev. Frank Baptist Church and' President of the Christian Movement for CiVic Ac- tion of Delray Beach, presented a proposal from said organization to establish better community relations in De,ray Beach, concerning sum- mer Jobs, pay raises, police patrol and recreation. (Copy of said proposal is attached to the official copy of these minutes.)Pages 100-~-L. ~myor Saunders, with Counci! agreement, referred said proPOsal to the City Manager-an~ asked that he have a report for Council at the earliest possible time as to the-feasib~.l~ty of some of the items con- tained therein ~ Mr. Wilson said that some of the items involved ~n said proposal have already been the subject of considerable consideration, discus- sion and proposed action in Council workshop meetings. 5-13-68 6.a. The city Manager informed Council that the original engineering contract with 91ace E~gineering Corporation, da~ed October 12, 1964, for beach revetment construction engineering, did. not' include any pro- visions for supplemental engineering work whiCh might be required whether in connection with that: specific project or not, and they now propose to furnish such professional engineering services, as desired by Council, necessary for preparation of working plans and specifica.- tions for reconstruction of damaged portions of the revetment. ther, charges' for such engineering services shall be based upon costs times a factor 1.75, plus certain direct out-of-pOcket expease, and hourly rates of pay for payroll applicable to such basis are as follows, an~l approval of this Supplemelltal Fatgineering Agreement, da~ea April 18, 1968, and 'aUthOrizat~0n'for~itS 'execution by-proper city officials 'is recommended= Pr~ncipal of Firm 911.25 per hour Staff F~gineer 7.30 " Designer 4.40 t, , Draftsman '"" 3 · 60 " " Clerical 2. $0 " (Copy of said Supplemental Sngineering Agreement, dated April 18, 1~68, is attached to the official copy of these minutes.) se~ pages 100-M-~. ~ir. Youngblood moved that the-Supplemental Agreement with Glace Engineering Corporation, dated April 1~, 1968, be approved and ..execu-. tion,.by the proper City officials' be authorized. The mo~ion .was seconded by '.M~,..'M~Fritt and'~carr!ed ~t~animOusly. , , 6.b.~ The City Manager re~orted that while' i~ regular .session on' November 14, 1966, 'COUnCil had authorized him' to negOtiate with the County Commission relative to possible 'exchange of certain City-owned lands fo= County_Owned lands of Comparable.~value, arid :that oh December 6, 1967, 'he had informed Council that the County Commissi~n,' in°w 'hav'~ng determined to locate its proposed South ~ounty 'C'0mPleX. in 'De!~ay' Beach~ Bas agreed to the exchange 'of certain lands to-make possible such South County'Complex s~te to be located On soUt~ 'Congress Av~ue~ '~further, final negotiations have-now been C6nc'luded.a.d ~gre~d 'upoH b,y th,.e~'Palm each CommiSsion and the City an exchange Of City-oWned lands, comprising ai~rOxi~ately 14 acres~ 'lying between 'soUth Congress Avenue and the Seaboard Coastline Railroad and westerly projections of S. W..2nd and 4th ,Streets, for approximately 9.2 acres of CourtS.OWned lands lying on hoT/l, .si~es Of Lake Ida Road, immediately east of 'the E-4 Canal. He informed CoUncil that such proposed exchange of lands has been properly advertised 'in compliance with Laws of the State of FlOrida and the City Charter,' and 'if it is the desire of Council that the lands be exchanged, "recommended' that the fo.llowing reSOlution, providing fo~ this exchange of lands,, be adopted. RESOLUTION NO. '1'9-68." .... A RESOLUTION OF THE CITY couNcIL OF THE, CITY OF DEL~Ay BEACH, FLORIDA, PROVIDING .FOR EXCHANGE OF dated September 27, 1967, for sewage Construction in Areas 23 and 25, the City Manager reported the project is approximately 84% completed, and the Contractor has requested a reduction of retainage ~rom 10% to 5%, the O0ntract status being as follows: Total contract with adjustments ~232,804.64 Total earned to April 20, 1968 182,087.80 Total retained 18,208.78 Reduced Reta~nage to 5% would be 9,104.39 Further, concurred in by the City's consulting engineers, Russell & Axon, and the C~ty Administration, it is recommended that Cambron construction Company's request for retainage reduction be granted. Following a question, the City Manager reported that immediate attention was given to the complaints of residents of the Rainbow Homes area pertaining to the sewer construction, a~d proper relief given..' Mr. Merritt moved that the retainage be reduced from 10%to 5% on the Cambron Construction Company contract, the motion being seconded by Mr. Wilson and unanimously ~arried. 6.e. The Council was informed that the owners of the Arvilla Hotel property, 5 Salina Avenue, have o.ffered to sell the property to the City'fOr possible parking area., ~he lands comprising approximately 13,320 square feet~ The City Manager said it is recommended this communication be referred to the Traffic and Parking Committee for review and Possible consideration. Said communication was unanimously referred to the Traffic and Parking Committee for their review and. possible consideration, on motion by Mr. Jurney and seconded by Mr. Wilson. 6.f. Regarding application for telephone solicitation permit by 01an Mills Studios, Inc., City Manager Gatchel said this had been discussed at a recent workshop 'meeting and the applicant has complied with regu- lations pertaining to such activity, as set forth in Ordinance No. G-551, which, in part, requires the a~plicant to inform Council of the telephone solicitation message, a~d' that Council grant this re- quest would be with the understanding that the studio will be subject to Occupational License, and its operators who contact anyone's home subject to I. D. cards. The requested solicitation message is as-follows: "This is a telephone solicitation. This is Solicitor's. name with Olan Mills Studios. Our photographer will be here in Delray at the American Legion Post No. 65 on ... Dgte .. between the hours of and . ~e are offering two 8 x 10's and'One 11 x 14 white portraits for $3.95. One of the sittings may be a family group (limit 5) at no additional charge." During discussion it was pointed out that the use of the "American Legion Post No. 65" in this solicitation message might suggest to the public that this is a benefit for that local organization rather than just the rental of their building to the 01an Mills -4- 5-13-68 .Mr. Jurney moved to approve the request and solicitation message of the Olan Mills Studios, Inc., subject to the deletion of "the American Legion Post No. 65" from the message and "253 N. E. 5th Avenue" .being inserted in place thereof, and ~ith the understanding that 'the Studio will be subject to Occupational License and I. D. cards. The motion was seconded by Mr. Wilson and upon call of roll, Mr. Jurney, Mr. Wilson,· Mr. Youngblood and Mayor Saunders voted in favor of the motion, and Mr. Merritt was opposed. 7.a. City Clerk worthing informed Council that Mrs. Betty Foley .quests permission to Conduct piano lessons and instruction within the kindergarten building of the Delray Beach Primitive Baptist Church, located .a't 1725 N. E. 2nd Avenue, and shoUld'this request be granted, it should be subject to such piano teachings being confined to the school building. · ~ Mr.·Merritt moved t° grant the request, subject to said restric- tions, the motion being seconded by Mr. Youngblood and unanimously carried. 7.b. City Clerk Worthi~g.informed Council that the Florida Power & Light Company advises that due to'increased demands for electric power in the Delray Beach area their existxng fac~lxtxes are rap~dl~ approaching maximum capacity and at zs mandatory that provLsions be made for'additional facilities to accommodate the demand for electrical. energy. Further, they have acquired an irregular shaped tract of land which lies adjacent to the east line of 1-95 and the south line of S. W. 10th Street, extending southerly .therefrom for approximately 674 feet and containing approximately 3% acres, and are requesting permission to construct, operate and maintain an electric distribution substation on this property, which is zoned C-3 (General Commercial District). He said that inasmuch as such construction is not speci- fically provided in any zoned areas, it is recommended that this peti- tion be referred to the Planning and Zoning Board for review, public hearing thereon in compliance'with the Zoning Code, and recommendation to Council following such hearing. Said request was unanimously re~erred to the Planning and Zoning Board, on motion by Mr. Merritt and secon~e~ by Mr. Jurney. 7.c. The City Clerk informed Council that Mr. Thomas G. Bell, Jr., has purchased the business known as Acme Taxi from Mr. Percival B. Yell, who has been issued three Certificates of Public Convenience many years ago and currently licensed under Occupational Licenses Nos. 1140 and 1357= also, Mr. Thomas J. Bell, his son, has purchased the business known as Delray Beach Taxi from Mrs. T. R. Moody, who has been issued two Certificates of Public Convenience many years ago, and is currently licensed under Occupational Licenses Nos. 1142 and 1358. Further, inasmuch as limousine service to near-by airports is planned to be added to the current services of said taxi operations, a distinct advantage to local residents, and improvement of local services to be offered, it is recommended that, in compliance with Chapter 26 of the Code of Ordinances, transfer of ownership of the Certificates of Pub- lic Convenience and Licenses Nos. 1140. 1142. 1~7 and 13~ b~ Department and D~rector o£ Public Utilities0 inasmuch as sa~a owner- deVeloper has furnished the City with an Easement Deed over certain lands as requested by the Public Utilities Department for accommoda- tion of all utilities, including an installation site for a lift station and sewer pipeline construction in con~unction therewith. The City Clerk then presented RESOLUTION NO. 16-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,- VACAT!~NG'~AND ABANDONING A PORTION OF SPANISH TRAIL AS SHOWN ON THE PLAT OF TROPIC ISLE, 4th SECTION,' ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGES 69 AND 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 16-68 is attached to the official copy of these minutes.) See Page 100-E. Resolution No. 16-68 was unanimously passed and adopted on this first and final reading, on motion by Mr. Jurney and seconded by Mr. Merritt. 8.b. The City Clerk presented RESOLUTION NO. 17-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING EXTENSION OF MAIN 6, SUPPLEME~ NO. 1, PROJECT 5964-8b, A~EAS 23 AND 25, AS OPERATIONAL AND SETTING THE EF- FECTIVE DATE FOR THE INITIAL SCHEDULE OF RATES, FEES AND .OTHER CHARGES TO BE IMPOSED FOR THE SERV- ICES AND FACILITIES FURNISHED 'BY SAID EXTENSION OF MAIN 6 OF THE SEWER SYSTEM. (Copy of ResOlution No. 17-67 is' attached to the offical-Copy of these. MinUtes. ).:. :':see page 10'0-F. Resolution No. 17-68 was unanimouslY passed and adopted on this first and f~nal, reading, on motion by Mr, Merritt and seconded by Mr. Wilson. 8.c. The City Clerk presented RESOLUTION NO. 18-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ECUTION OF AN APPLICATION AND INDEMNIFICATION AGREEME~TT FOR INSTALLATION OF A GRAVITY SANI- TARY SEWER PIPELINE ACROSS AND UNDER THE RIGHT- OFTWAY OF STATE ROAD NO. 9, SECTION 93220, 1230 FEET SOUTH OF STATE ROAD NO. 806, DELRAY BEACH, FLORIDA, (Copy of Resolution No. 18-68 is attacheO to the official copy of these minutes.) See Page 100-C. Resolution No. 18-68 was unanimously passed and a~opted on this d' first and final rea ~ng, on motion by ~Lr. Wilson and seconded by Mr. Youngblood. 8.d. The City Clerk present, ed ORDZNANC~ NO. 12-68. AN ORDINANCE OF' THE CITY COUNCIL OF CITY OF DSLRAY BEACH, FLORIDA, REZONING AND PLACING THE SOUTH 100 FEET OF LOTS 23 THROUGH 33 LEss THE $~ST 20 FEET THEREOF, ASBURY PARK HEIGHTS, DELRAY BEACH, FLORIDA, IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". {Copy of Ordinance No. 12-68 is attached to the official copy of these minu~es.) See Page 100-A There being no objection to Ordinance No. 12-68, said Ordinance was u~a,nimous'lypassed and adopted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Merrttt. 8.e. The City Clerk presented ORDINANCE NO. 13-68. AN OI~DINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY SEACH, FLORIDA, I~EZONING AND PLACING A PORTION OF LOT 13, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST~ · ALSO PLAT NO. 3 OF SOUTHRIDGE, DELRAY BEACH, FLORIDA, IN "C-2-GENERAL COMMER- CIAL DISTRICT", AND AMENDING "ZONING MAP OF DEL~AY BEACH, FLORIDA, 1960". (Copy of Ordinance No. 13-68 is attached to the official copy of these minutes.) See ~age 100-B. The City Clerk informed Council that right-of-way deeds have been furnished to the City by the legal repre~entative'~of the petitioners, for additional right-of-way deemed necessary by the Planning Director and Zonfng Board. There being no objection voiced at the public hearing on Ordinance No. 13'-68~: Mr. Jurney moved that said Ordinan~e Be passed second and' final read.lng. The motion was seconded by Mr. Youngblood, and upon call of roll, Mr. Jurney, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion; and Mr. Merr~tt~was posed, saying he is still opposed to commercial zoning on. Sw!ntOn"Ave- 8.f. City Clerk Worthing ~resented 0RDINANCE'~NO. 14-68. AN ORDINANCE' OF THE CITY CouNCIL OF THE' CITY OF DELRAY BEACH, FLORIDA, ANNEXIN~ TOT HE CITY OF DELRAY 'BEACH, LOTS 27 THROUGH 31 INCLUSIVE-, BLOCK 1, AND LOTS 6 THROUGH 27_ INCLUSIVE, BLOCK 17, 'ALSO AVENUE "D", DEL- RATON PARK 'SUBDIVISION, WHICH LAND IS coNTIGuous TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARiES OF SAID CITY TO INCLUDE SA~D LAND~ PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF' SAID LAND~ AND PROVIDING~FOR THE ZONING THEREOF. Del-Harbour S/D, following 1 hearings and study of the respective petitions~ and Council had directe~ the administration tocontact the petitioners and determine if it might be their desire to withdraw such petitions. The City Clerk reported that the petitioners, namely Hr. John E. Hartenstine, owner of Lot~2, an~ Mr...J~hn w. sp~nner, owner or owners' representative of Lots 28 'thru 44~ bel~Harbour S/D, have declined to withdraw their petitions= further z ,may.be the pleasure of Council to defer action on this item subject to. determination of a meeting with the Planning and Zoning,B0ard.that has been.scheduled for this week. Mr. Merritt moved that this item be tabled until the next Council meeting, the motion being seconded byMr. Wilson and unanimously carried. 10.a. This item followed item 5 on the agenda. 10.b. City Manager Gatchel re~orted to Council as follows: "Russell &Axon, our Consulting Engineers, said that the plans for the southeast interceptor mains going down to serve the southern end of the City were submitted to the State Board of Health in Jackson- ville on Wednesday,~May 1st, and an approval is expected any day. In order to meet the deadline set up in the agreement with First Federal Savings & Loan Bank, they ask now for authorization to advertise for bids for th.is project, so that they may..be able to proceed with .put- ting out plans and specifications for bids, upon receipt of the. ap- proved plans from the State Board of Health. The bids would be re- ceived on June 3rd, to be let by June 10th, and the City would meet the deadline set up in the agreement with the bank." Mr. Wilson moved that authorization be granted to advertise for said bids, the motion being seconded by Mr. Youngblood and unani- mously carried. 10.b. City Manager Gatchel presented the f~llowing Memorandum from Mr. Alfred Elliott, Director of Parks and Recreation, dated MaY 13th= "Regardin~ Co-sponsorship of Delray Christian Day Camp. Last summer the Ministerial Association, under the leader- ship of Rev. Carl Story, Organized a day camp at Lake Ida. · The City's Park and Recreation Department assisted the pro- ject in its planning and organization, publicity, registra- tion, office work, and use of its faciiities. The Delray Christian Day Camp was very successful, and plans are under way for a larger day camp this summer, with a more comprehensive program. , In recognition of the help given the day camp, and in order to qualify for leadership from the County Sch°ol's summer en- richment program, the city's Park and Recreation Department has been invited to become a co-sponsor of the project. The National Parks and Recreation Association considers day camping as a wholesome and valuable recreational activity. More and more cities are. organizing ~y camps as an integral part of their Summer recreation programs. It is recommende~ that the Parks and Recreation Department co-sponsor the Delray Christian-Day Camp, The camp is well-run, -8- 5-13-68 charges the camper-only $5 aweek ($7.50 for two from same family), and meets a definiterecreati°nal need 'in the City. The co-sponsorShip will'enable the day camp to have leaders from the County School'sSummer Enrichment Program, and will permit the camp to become recognized as a part of the city's Overall recreational, program." ~. Merritt moved that the City co-sponsor the Delray Christian Day Camp, the motion being s~conde~ by Mr. Jurney'and UnanimouSly carried. 10.b, City ManagerGatchel informed Council of a letter from the Starke-Bradford County Chamber of Commerce, advising that the Sea- hoard COastline RailrOad is planning to ~iscontinue the passenger "Palmland" trains No. 9 and No. 10, effective May 31, 1968, and that they are opposes to said plan and list the stations that will be affected by discontinuance of this passenger service, Delray Beach being one of the stations affected. Further, they are asking that this Council act expeditiously in letting ~ Congressmen and Mr. William H. TuCker of the Interstate commerce' Commission know of the City's opposition in this matter no later, than May 15th' Mr. Wilson moved that~'~he City go oh"record asopposing the dis- continuing of said train service and that a suitable communication be prepare~ and presented to RePresentative Paui Rogers and the two Senators. The motion was seconded by Mr. Jurneyand Carried unani- mously,~' ~ 10.b, The'CityManager 'informed'council.tha{'the Palm Beach County AssOciatiOn,Of Ch~efSof Police has~had c0nsiderahleand ~seri°~s disCussiOnconcerning amutual&-id~agreement among'the'communities in Palm'Beach C°un{y'and the:c0unty Sheriff's Department. The Council was furnished a copy of the proposed agreement, accom- panied bya ~proP°Sed Resolution. The City'M~nager~said.~he had b%e~ adviSe~ that~'sa~d ResolutiOn and attached Agre~ment~have n6~'been apprOved'by the Police Chief's Association and they are recommending adoption of same~by which the City of DelraY Beach would ~nter.into this' mutual aid~agreement with the Board?~6f~Counfy~co~issioners of palm"BeaCh CountY.' · '~ ."~ ~ ..... ~ '~ "The C~ty'Manager inf6rmed'councii that'~e'-60nCurs'~in the recommen- dation ahd desire of pOliCe Chief'Croft ~hat'this pNoposed Res°lU~iOn No. 20h68 5e adOpted, ' . i i ' . . ~' '. ~It'~Was~'Ddin~ed outthat the"City Att°rg6Y had ',othad~'an'opP°Z~unity tgrevfew said ReSolution and Agreement,~and-this it6m was~tab~d~until the next'C°UnCil meeting, ~ ~" "~' :~'~i '~ .' ~, : ~-~i 10,b.~ ~4r. jUmPy mentioned an item in the palm Beach~Post of Saturday, May llth~and said ~that he had planned tO commend the Detectives~f°r the aPprehensiOn cf the.suspeCts of %he ~fire bombing cf the~Pixie" Store and~had plannedto recommend'to counCil~hat~the'~reward~'for'same he given'~to the Police BeneVolent ASsociat~6n, but he became aWare~ ~hat the' suspects had not been tried and .no reward' money could be sideration." I0.c. City Clerk Worthing presented Bills £or Approval as follows: iI ~ General Fund $ 89.407.30 ~t Water Revenue F~nd 15,000.00 ~--J Water Operating & ~-intenance Fund 7,094.89 Utilities Tax ReVenue Fund 31,550.00' Capita I Improvements CohStru~ti0n Fund 2,211.73 Ciga=ette Tax Fun~ 20°358.70 Sewer Construction Trust .Fund 37,634.42 The bills were unanimously ordered pai~, on motion by Mr. Jurney and seconded by Mr. Merritt. The meeting adjourned at 10:00 P.M. City Clerk APPROVED: -"' '-1.,~~. y o R ~ ~ '~' -10- 5-13-68 100-A ORDINANCE NO. 12-68. AN ORDINANCE OF. 'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONIN~ AND PLACIN~ THE SOUTH 1:00 PF~T OF LOTS- 23 THROUGH 33 LESS THB WEST 20 FEET THEREOF, ASBURY PARK HEIGHTS, DELRAY BEACH';' FLOPJ/)A,..IN "R-~ MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING ."ZONING MAP OF DE~Y BEACH, FLORIDA, 1960". BE IT ORDAX~N~D BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACh, FLORIDA.. S~CTI~H~ 1. ~- That the following described .property in the City of ~elray Beach, Florida, is hereby rezoned, and placed in the. "R-3 Multiple Family Dwelling District" as de- fined by Chapter 29 of the Code of Ordinances of the City of Delray Bea~h, Florida, to-wit: The South 100 feet of Lots 2.3 through 33 less the West 20 feet thereof, Asbury Park Heights, according to Plat Book 6, Page 2, Public Records of Palm Beach County, Florida. SECTION 2. That the Bu.~lding Inspector of said City shall upon the effective date-of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the pro- visions of Section I hereof. PASSED. in regular session on the second and final reading on this the 13th day of May , 1968. /S/ J. L Saunders MAYOR. ATTEST: /S~ R. D,_.Worthinq . City Clerk First Reading .April 22. 19~8 BEACH, FLORIDA,-IN "C-2 GENERAL COMMER- CIAL DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDAt 1960". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH ~ FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned, and placed in the "C-2 GeneraI Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach,-Florida, to-wit: The Northeast Quarter of Lot 13 less the East 365 feet of the west 375 feet of the South 139.9 feet of the North 164.9 feet, and~less road rights-of-way, subdivision of Sectio~ 20, Township 46 South, Range ~' 43 East, according.to the Plat thereofon file in the office of the Clerk of the Circuit Court.of Palm Beach County, Florida, in Plat Book 1, Page 4; also Plat No. 3 of Southridge, according to the Plat thereof on file in the office of the Clerk of the .Circuit Court of Palm Beach County, Florida, in Plat Book 24, Page 24. SECTION 2. That.the Building Inspector of said City shal~ upon the effective date of this Ordinance change the Zoning Map of Delray BeaCh, Florida, to conform with the pro- visions of Section 1 hereof. PASSED~in regular session on the second and final reading on this the 13th day of May , 1968. ./S/ J. AT S~uDder~ ....... _ MAYOR' ATTE ST: /S/.Rt D. Wgrth.~q ...... city Clerk First Reading Apri~ 2~n4, .1968_ . . .... Second Reading .M~¥ !3, 1.968 ......... -- iO0-C RES~ION NO. 18-68. A RESO t ZO OF ~ D~ ECUTZ OF'WAY BE XT RESOLVED, by the City Council of ~he City of Delray Beach, a municipal corporation of the Sta:e of Florida, as follows: '~;,. That the City of Delray Beach, a municipal corpora* tion of the Sate of Florida, does hereby authorize executi, on o£ an application and Indemnity Agreement with the State Road Department, State of Florida, ~.for permit to install and maintain a Gravity Sanitary Sewer~ Pipeline across and under that portion of State Road NO. 9, Section No, 93220, at Sou~l~west Second Street, being a point 1,230 feet south o£ State Road ~1o. 806. 2. It being further understood that the installation and maintenance of said Gravity Sanitary Sewer Pipeline shall be in ac- cordance with conditions as set forth in S~ate Road Department's Form 121 - Rev. 4-64, providing for such aPPlication' as prepared by the Licensor, and which is attached hereto"' and ~ade a part hereof. 3. That the Mayor, with' the at~eotation of the City Clerk, be and they are authorized and directed to .execute such apl~ll©a~on and Indenmification Agreenent fo~ and on behalf of the Sai~ ~ty of Delray Beach. 4. That this Resolution shall, take efEect i~e~iately upon its passage. PASSED~AND ADOPTED this 13th.day of ~, 1968. MAYOR ATTEST: City Clerk' The SW 1/4 of the SE 1/4 of the SE 1/4 of WeCtion-~'~.S, Twp. 46 S., Rge. 43 E., less the W 25 ft. and S 25 ft. which lands, in the' opinion of the city Council; ar~ not needed for municipal purposes; and ~" WHEREAS, PALM BEACH COUNTY, FLORIDA, is the owner of the follow- ing descrihed lands, to-wit: The South 1/2 of the NE%' of' the SW% of 'the SW% of Section 8, Twp. 46 S., Rge. 43 E., less right-of-way of Lake'Worth Drain- -age District E-4 Canal, and subject to a drainage easement covering the North 50 ft and the East 50 ft. of said South 1/2 of the NE% of the SW% of the SW~ of Sec. 8-46-43; also That part of the NW% of the. SW% of the SW~ of Section 8, Twp. 46 S., Rge. 43 E., lying East of the right-of-Way of Lake Worth Drainage District E'-4 Canal and North of Lake Ida Road right-of-way; also That part of the SE% of the SW% of the SW% of section 8, Twp. 46 S,, Rge: 43 E'.'~ lying North of said Lake Ida Road right- Of-way, and" sUbjeCt to a drainage easement, over ~the' East 50 feet thereof; aisc That part of~ the East 187 feet off'the SE% of the Sw% of the SW% of said Section 8-46-43 lying South of the right-of-way of Lake Ida Road, 'subject to a drainage easement over the East 50 'feet thereof and the SQuth 50 feet of the West 110 feet of the East 160 feet thereof. which lands the City .desires to acquire for municipal purposes; and WHEREAS, in the opinion of the city council, it is for the best interests of the City that the lands above described owned by it be exchanged for the lands above, described owned by Palm Beach County, Florida. WHEREAS, a notice setting forth the terms and conditions of the above described exchange of real. property was published once a week for two weeks An the Delray Beach News-Journal as required by Section 7 (2) (b) (1} of the Charter of the City of Delray Beach, Florida; NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the above described parcels of land owned by the City of Delray Beach, not needed for City purposes, be exchanged for the property described above owned by Palm Beach County, Florida. The properties have been determined to be .of equal value and therefore are considered to be an even exchange. PASSED AND ADOPTED in regular session this 13th day of May, 1968. ATTEST: M A Y O R iO0-E RESOLI2TION NO 1 6-68 A R~SOLUTXON OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA] VACATIN~ AND ABANDONXN~ A P~0RTIO~ OF .SPA~ SH T~AIL AS SHOWN ON THE PLAT OF TROPIC ISLE, 4Tit SENTION, ACCORDING TO.THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGES 69 AND 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY' FLORIDA. ~IEREAS, TROPIC HARBOR DEVELOPMENT CORPORATION, the owner of the lots abutting-the ~h~reinafter described portion of "Spanish Trail" have made applicatiO~ to the City Council of the City of Delray Beach, Florida, to vacate said portion of "Spanish Trail" as appears on the Plat of Tropic' Isle, 4th Section, according to the plat thereof recorded in Plat Book 25,' Pagee 69 ar~ 70,~of the .pub- lic Records of'Palm Beach County, Florida~ and ' ~WHEREAS; s&id portion of the hereinafter described right- of-way has never been Opene~ or.used by the City of Delray Beach, and is deemed ur~ecessary by said NOW, THEREFORE, BE iT RESOLVED BY THE CITY COU~C~ OF CITY O~ ~DE ~RAYI BEACH, PLORiDA: That pursuant to Section Seven (7)',' paragraph~ Three' (3) of the Charter for the City of Delray Beach, Florida, it ia hereby de- termined to vacate and abandon any title and~ interest' in'and to the following des~ribed.. ~ropertY: Commencing at the Southwest corner of. Lot 4~0, TROPIC ISLE, 4th' Section, according to' the plat thereof ~.recorded' in Plat Book 25, Pages 69 an~ 70, of the Public Records of Palm Beach county, Florida ~ thence. Northerly along the West line of said Lot. ~0, being a curve to the'~ riqht, having a radius of 331.64~feet, a central angle of 16002'55", for. an ar~ dis-. tahoe of 92.8~ 'feet to a~point of ~ompound'curvature and the POINT OF BEGINNING~ thence Northeasterly along the arc of a curve to the right, having a radius of 25.00 feet, a central angle icl 76°13' 33", rotan arc ~stance o~ 33'.~26 ~feet to a ~ ~:. point of reverse curvature~ thence Northerly ~ along the arc of a curve to the left, having a radius of 185.00 feet, a ~?: central angle of 104°45'40", fo~ an arc distance of 338.26 feet rca point of reverse ~Urvature~ thence Northerly long ~he .ar= of a curve to the right, having a radius of 25.00 feet, a central angle of 76~13'$~'', for an arc dis- tance of ~3.26 feet~ thence Westerly along the arc curve to the .right, having a radius of 75.00 feet.a con- tral angle of 76°13.'3~", and whose =hors forms 'an angle of 103°46'27"to the left with a .prolongation of the chor~ of last described curve, for an arc distance of 99.78 feet~ thence Southerly along the arc of a ~urve to the having a radius of 1~5,00 feet~ a cent=al angle of X590 WHEREAS, the City entered into a contract for engineering services with ~ss:ell& ~on, ~nsulting ~gineers, on the 30th daf of Septet, 1959, ~d ~RSAS, ~lmrsaant ~o said cont~Fact, Russel~ & ~on de- ~ s~ed ~ ocean outfall s~er syst~ ~et~r with 15~ s~ations and other 8~tary s~er ~pr~~ts, hereinafter ref~r~ ~ as Project ~. 5964-8b, ~d WHEREAS, Russell & ~xon was hired to perform consulting and resident inspection services for Areas 23 and 25, and supple- .mental contracts thereto, and WHEREAS, it iS deemed to be in the best interest of the affected properties that the initial schedule of rates, fees and other charges to be imposed for the services and facilities fur- nishe~ by the sewer system, as set forth and contained in Resolution No. 1359 and Ordinance No. G-553, are .to become effec~ive the first day of June, 1968,. and WHEREAS, Russell & Axon has recently certified, as oper- ational, Extension of Main 6, per Supplemental Agreement No. 1, in that portion of Northwest 2nd Avenue lying between N. W. 2nd and 3rd Streets. NOW, THEREFORE, BE IT RF.~(~VED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS ~ 1. That Extension of Main 6, Supplemental Agreement No. 1, Areas 23 ~nd 25, as identified hereinabove, is hereby accepted by the City as being operational, and the initial schedule of rates, fees and other charges previously established, and applic&ble there- to, sba1! become effective June 1, 1968. 2. That nothing herein contained shall be:construed as discharging the contractors-from the strict performance of' their remaining contractural .duties. That each of the Contractors, and their bonding companies, remain responsible in all respects until released in accordance with their agreements with the City. 'PASSED AND ADOFTED this 13~1~ day of May, 1968. /S/ J. L.~ Saunders MAYOR ATTEST: City Clerk ._. , .... ~-.~ iO0-G Mr. Mayor, members of the council, Mr. Gaetchel: Today, we are living in a revolutionary period. Our nation and' oUr cities are being to~n aPart by governmental and local officials who seem to have very little foresight and plenty of hindsight. People have become upset by lack of confidence in our ~blic officials and by .credibility gaps: The people of the Westside Community are beginning to feel tha~ there are credi- bility gaps in our local community and government. Over six weeks ago we asked that lights be .constructed on the existing field at teen-town center so that we might be able to do something constructive and worthwhile with oUr young men and boys. A study and report was to have been made on costs. We have hea~ nothing yet. At the time we~ were prepared to help-do the work and even try and raise funds to help with the costs. Many people stated that we would not get ~the lights and that this would be the end of it. There were statements that ~this was the same kind of "put-off" that has been given to the people for the last six years. I couldn,t believe it. With such a Dynamic City Manager as Mr. Gaetchel, ~d a Progressive Mayor like Mr. Saunders, some of us felt that this was the year to get something done. We are still awaiting a report. These are the kinds of actions or lack of actions that cause unrest and distruat in our "ghetto-like" communities. Gentlemen there is unrest and distrUst in our community. Six weeks ago who would have thought that this community would be experiencing the problems of fire bombings? I know for a~ fact that younM Civil rights groups are being organized in this Community. Who knowm.~hether they will be passive or militant? I'm sur~ ~hat a great number of these members will be personz who have nothing to do .~ud'~wOuld enjoy creating a~ rash of violent activities in this community. May be our iO0-H law enforcement officials can apprehend the perpetrators of such crimes,~ but it is always after the damage has been done~ Our City, being a tourist center, can ill afford to hs~ this kind of activity an~ publicity. You maybe aSking '~hat has this to do with a softball field"? As I stated the last time I stood before this council, if we had such a facility, at least we would be able to keep the boys organized and busy~ I have seen coaches able to handle boys when no one else could. I am not saying that our boys are Causing any problems, but the City seems to feel that way. From the way it looks gentlemen, this could be only the beginning. You, Mr. Mayor, and M~. Gaetchel are faced with a decision. Some of us are confident that you will be able to come up with a solution to the problem. We pray to God that it is not too late. Willie J. Simmons 100-I BETTER COMMUNITY RELATIONS IN DELRAY BEACH, FLORIDA Submitted by the Christian Movement for Civic Action Delray Beach, Florida May'13, 1968 lO0-J Christian Movement for Civic Action is a newly formed organization. The purpose of this organization is to try to promote better understanding between all peoples in the Delray Beach area. It has been brought to our attention that..several problems exist which many citizens are compl~i'~ng about, therefore, we f~t that someone should take the ~n~ia~.~e to trY ,to see?that some progress or something is done about these problems that could lead to ~nnecessary confusion and destruction, To this end, several of us came together and org. anized to work on ~hese problems. After several meetings in which we obtained factual informat~on con~ern- lng the existing problems we summed up the material and now make the following requests: 1. Summer Jobs The Christian Movement for Civic Act/o~ of Delray Beach iS concerned aboUt how our ,yOuth spen4 their summers. We wou~d like ~ P~oviae e~mo~~es £~r our young, people to spend cons~ructive summers and gain valuable experiences in the business world as well as earn. extra money. The Principals at Carver Jun/or-Senior High and Seacrest High Schools allowed us to conduct e survey to determine the number of students, interested in summer employment~ (Mr. Hall, Principal of Delray Junior High wo~ld not permi~ the survey to be Conducted..) We have on h~nd 2~0 completed forms from students that are eager for summer employment. All the forms are not in. We anticipate this number will 4ouble. The following are our reco~endations: 1. That the city of Delray,:'alloca~e,$2~,~00 ~o finance summer Jobs 2. That the city contact local businessmen. and have them make available the necessary Jobs to accommodate the young, people. 3. That the city appoint members of this conmmittee to aid in contacting businessmen for student ' Jobs. ~ - 2 - iO0-K 4. That this organization be responsible for placing students in the particular Jobs. 5. That the city start on this project immediately so that students will know if they have a Job before school is out (June 7, 1968). 2. Pay raises The following are our recommendations: 1. City sani~ation workers become part of .~ civil service. ~ 2. Sick leave for sanitation workers. ~ 3. 'Vacation replacement for sanitation workers. 4.. Job seniority for sanitation workers. 5. Better employment for the aanitation department andcit~.workers in general. 3o Police patrol The following are our recommendations: 1. '(a) i~egrgt& ~ite ~d negro officers (b) promo=lon zor officers witSout regard of race. 2. Better equiDped cars for negro officers. 3. Rotate off duty Jobs. between White and negro officers. 4. Employ negro dispatchers and meter maids. 5. Integrate prisoners. 4. Recreation The following are our reco~mendations: 1.. ~ig~.ts fgr playing f~eld at. th9 Teen Town uen~er wne~ l~ttle ~eague Dali is played. IO0-L Our reasons are listed as follows: 1. There are twelve (12) teams using the the field and if there were lights some games could be played at.night. . (a) Six (6) little league teams. (b) Six (6) adult teams. 2. There are some facilities'there and a t new field will not have to be started. ~ 3. The fie].d on Atlantic where there are lights is overcrowded. It is hard for some teams to get a game scheduled for the field. 2. Negro life guards on beach 1. We would like to know the qualifications needed to get a Job as a life guard. We feel that the two drownings of negroes on the beach might not have happened if th,~r~- h'ad been a~negro life guard present. 3. Recreation Centers 1.More equipment at the Teen Town Center and the Catherine Strong Center. Reasons~ (a) Some of the equipment is out dated. Not enough equipment for the number of children atten6inq the centers. Submitted by: Christian Movement for Civic Action ~e]ray Beach, Florida ' May 13, i968 GL GL L;,- ENGINEERING CORPORATION ,!i~,~,~ CONSULTING ENGINEERS 6727 FIRST AVENUE SOUTH/ST. PETERSBURG, FLORIDA 33707/(813) 345-9168 April 18, 1968 City of Delray Beaoh Florida Attention: Mr. David M. Gatchel City Manager Subject: Supplemental Engineering Agreement Gentlemen: As discussed at the meeting on April 16, 1968, the original contract between the City and our firm for the beach revet- ment program does not include any provisions for supplemental engineering work which might be required whether in connection with this specific project or not. The intent of this letter is to establish and confirm a mutually agreeable arrangement for supplemental engineering work which may be requested by the City. We agree to furnish such professional engineering services as are requested, including but not restricted to engineering consultations, site visits, attendance at meetings, prepara- tion of reports, plans and specifications, and other similar and usual consulting engineering services. Reimbursement to the engineer for these services will be made on the basis of payroll costs times a multiplier of 1.75, to which will be added direct out-of-pocket costs such as travel, subsistence, long distance telephone and telegraph, prints, printing and general out-of-pocket expenses required specifically for the project. It is further agreed that the following hourly rates shall be used for the indicated classes of employees as the payroll costs to which the multiplier will be applied: , .. iO0-N Principal of Firm $11.25 per hour Staff Engineer 7.30 per hour Designer 4.40 per hour Draftsman 3.60 per hour Clerical 2.50 per hour At the above mentioned meeting of April 16, 1968, the City Council directed us to proceed with the preparation of working drawings and specifications for reconstruction of the damaged portions of the revetment. The cost of providing the engineer- ing services for this work will be recorded in accordance with the above payroll costs times the multiplier. Since the work is similar to that of Stages II and III in the contract between the City and this firm dated October 12, 1964, it is further agreed that the fee as computed above shall not exceed the fee as calculated on a percentage of construction cost basis under Article III, Paragraph 2, and Article IV, Paragraphs 2 and 3 of the above mentioned contract, and that the other provisions of that 'contract pertinent to Stage II and Stage III work shall also apply to this reconstruction project. The percent- age fee applying to this computation shall be the same as that previously billed on the original construction, which is 6.9% of the construction cost. At the meeting of April 16, 1968 the Council approved payment of fees for engineering work through April 5, 1968, and it is further agreed that the Provisions of this supplemental agree- ment shall be effective for work undertaken on or after April 6, 1968. Upon return to us of one copy of this agreement duly accepted in the space below, we shall consider it to be in effect as of April 6, 1968. Thank you for your continued interest and cooperation. Very truly yours, GLACE ENGINEER~I4~ CORPORATION ACCEPTED FOR THE CITY OF ~~ ~ DELR~. Y~ BEACH , FLORI DA Ra Bv ' ~ President / - ~ Title M A Y 0 R HR:jr Date May 13th, 1968.