07-25-67 JULY 25, 1967.
A meeting of the City Council, together with a Committee appointed
by the Delray Beach Civic League, was held in the Council Chambers at
8:00 P.M., Tuesday, July 25th, 1967, with Mayor Al. C. Avery; Council-
men J. LeRoy Croft, James H. Jurney and George Talbot, Jr.; City Manager
David M. Gatchel; City Attorney John Ross Adams; City Clerk R. D.
Worthing; City Engineer Mark Fleming, and said Committee, being present.
The meeting was called as a result of the following letter to the
Clty Manager from the Delray Beach Civic League, signed by Leroy B.
Baine, President, dated July 18, 1967:
"Aware of the recent tragic drownings of t~boys in the drainage
canal between S. W. 8th Avenue and S. W. 10th Avenue bordered by
S. W. 3rd Street and S. W. 4th Street in Delray Beech, the Delray
Beach Civic League hereby requests a meeting with the City Council
and representatives of the building department for the purpose of
discussing the hazardous condition that exists.
The following persons have been appointed as a committee to dis-
cuss the'issue:
Mr. Joseph Baldwin Mr. Lens Brunner
Mr. Lee Youngblood Mr. Carlis Brantley
Atty. I. C. Smith Mr. Clifford Durden
Mrs. Joyce Fisher Mr. Dave Hoggins
Mr. George Glinton Mr. O. F. Youngblood
It is desirable that homeowners in the adjacent areas and other
interested persons in the community attend this meeting in order
that they may be better informed. Many questions ha~e arisen re-
garding the drainage of the water, the possible pollution level,
etc. It is hoped that this meeting will provide some of the
answers."
Mayor Avery called the meeting to order and read a list of nine
questions prefixed as follows: "Ouestions to be discussed with Delray
Beach City Council Re=Drainage Canal located in SW section of City, be-
tween S. W. 8th Avenue and S. W. 10th Avenue, bordered by S. W. 3rd
Street and S. W. 3rd Court.
O. D. Priest dug the drainage canal in order to secure fill which
enabled him to build a housing development on the adjacent land."
The questions were considered and discussed as follows:
QUESTION 1. Who authorized this action? Was it done by Council
or by the City Building Department acting independently?
The Council meeting minutes of December 23, 1963, and January 27,
1964, were referred to, and it was pointed out from those minutes,
which were read, that the City Administration and City Council did
everything within their power and jurisdiction to keep such a condition
from existing, even to the point of rescinding building permits that
had been issued, attempting to force Mr. Priest to plat and develop
said land in accordance with the City's Subdivision Ordinance, checking
with the County Board of Health, and requiring Mr. Priest to meet with
the City Manager and City Engineer with a view toward effecting com-
pliance with the City's building code and regulations.
The following letter from O. D. Priest, Jr., to the City Council,
dated January 21, 1965, listed what he agreed to do and furnish at his
expense in the development of said land.
"RE: To Block of land on S. W. 3rd Street between 8th and 10th
Avenues, Delray Beach, Florida.
We agree to the following at our expense.
A. 1. Install necessary 6 inch water mains on S. W. 3rd Street
for the use of said North half of Block.
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2. To take care of necessary drainage by installing
C.B.S. Catch Basin and 24. inch corrigated metal pipe
from north end of property to south of property.
3. It is agreed that the owner is to use septic tanks,
however, if sewers become available before south half
is developed, he will use sewers on south half.
B. 1. We further agree to install necessary 4 inch water
mains on south half of property when and if developed
by us.
2. To install half width street if and when developed
by us on south property line.
Work on items A1 and A2 to commence as soon as possible
and be completed before Occupancy Building Permits may be
issued. Items B1 and B2 to be completed later if south half
of property is developed.
Streets, drainage and water mains to be at o%.~ers expense
and deeded or given to the City. It is agreed the developer may
proceed to build houses and make these improvements at the same
time."
The City Attorney said that in his investigation of this matter,
there was a Florida Supreme Court Case that said any person has a right
to subdivide his own property and sell it by the inch, the foot, the
yard or the mile. Further, that he had spent considerable time with
Attorney Henry Lilienthal, County Attorney at that time, asking how
the County dealt with such a problem, and was informed the County has
its hands tied also, that there wasn't a thing they could do if a sub-
divider was determined enough to sell his property off by metes and
bounds.
Mr. Leroy Baine referred to said Council meeting minutes of December
23, 1963, and a statement that plans were supposed to be submitted by
a Registered Engineer before same could be approved, and asked who re-
ceived those plans.
Mr. Baine was informed that it was the State Board of Health that
required said plans as sho%~ in this following excerpt from said
December 23rd minutes: "City Engineer Fleming said he feels there is
a hazardous condition existing on the property, and that he has talked
to the County Board of Health and they would not definitely state that
the construction of this lake or canal would be a sanitary nuisance
until they see plans from a Registered Engineer, and that they also
state they would not approve any septic tanks in this area until they
see an overall drawing from an engineer."
Mr. O. F. Youngblood said that after the State Board of Health has
approved septic tanks and when there is excessive rain and'the drain-
age is inadequate in that area, asked what steps the City could take
to check with the State Board of Health.
The City Attorney said that when sewers become available and are
located within 200 feet of a property, the owner is required to hook
onto the sanitary sewer.
Mr. Youngblood said he is thinking of the health hazard and pollu-
tion at the time of high water, and that the City Council could do
something about that.
The City ATtorney said he feels the City Council can put pressure
on the County Health Department, but that department is pre-empted the
health part, and have always cooperated with the City where there is a
particular nuisance.
OUESTION 4. The water in question has been referred to as a drain-
age canal. If it is, from where does the water flow into the drainage
canal? Where does it flow when it leaves the canal?
Is the drainage adequate? (Residents indicate that bathroom facilities
cannot be used for a period of 2 or 3 days when heavy rains come ....
on the S. W. 3rd Street side.)
-2- D.B. Civic League 7-25-67
Mrs. Joyce Fisher asked if this canal serves the City drainage sys-
tem, and that maybe some city responsibility can come forth from that
"answer.
City Engineer Fleming explained= "I don't know who has referred to
it as a drainage canal; however, it is a part of the drainage system
for that area. To answer your question specifically, the water flows
into that wide pond, which is what I believe you were referring to as
being called a canal, it flows in about the center of it from the
north through the ditches that serve the area to the north of there;
it flows in again at the east end of it on the north side through a
24-inch pipe connecting it from the north; it flows out on the opposite
or south side, across under the street and down an open ditch toward
4th Street."
Mrs. Fisher asked if it stopped at 4th Street, and the City Engineer
said that it goes on through to the C-15 Canal and eventually into the
Intracoastal Waterway.
Mrs. Fisher said the water has to reach a certain level in this
lake before it can flow out, which leaves stale, unmoving water.
The City Engineer said the exit pipes are not iow enough to remove
all of the water from that lake, but at a time of high water the drain-
age canal is also full of water and the water cannot flow from the
lake into the drainage canal.
Mrs. Fisher said that she lives on the corner of S. W. 3rd Court and
10th Avenue, and has observed that a good portion of the time the drain-
age ditch between 3rd Court and 4th Street is filled with weeds and
asked if that would prohibit drainage from said lake.
The City Engineer said it may prohibit the drainage some if they
were permitted to remain there during the wet or rainy season, but
that ditch is cleaned periodically, and has been cleaned within the
last month.
Mr. Baine said this southwest drainage condition had been discussed
at different times, and if the water is draining in the C-15 Canal and
into the Intracoastal Waterway, there is something wrong or it wouldn't
back up as it does.
City Engineer Fleming explained that a complete study of the south-
west drainage situation is being made, and it is his understanding
that such study is ready to be pre.sented to Council, and proposes
deepening thosecanals and providing adequate drainage for the entire
area.
Mrs. Fisher asked that if the unmoving water poses a health hazard,
does the City Council have any power to do anything with the Health
Department in having it tested? She further asked if the City Council
has a responsibility to see that proper testing of the water takes
place since this lake serves as a part of the City drainage system,
and if so, what is Council doing about it?
QUESTION 5. Has the health department periodically checked the
water in question for possible pollution? What regulations exist re-
garding this procedure? If septic tanks empty into the canal, the
possibility of disease is real.
City Engineer Fleming said the State Board of Health doesn't pro-
vide a regular service of testing stagnant water in the sense that
they test the drinking water for which there is a regular program and
it has to pass very rigid tests. Further: "The problem which was posed
to the Council originally, that of stagnant water standing on property,
was the property of Mr. O. D. Priest, Jr., at the time. The Council's
action, which I presume nobody would like now, would be to notify the
property owners that there is a stagnant situation on their property.
It is, yes, a part of the City drainage system. I think that is what
the Council is very definitely trying to avoid though, such action as
that, in recognizing a responsibility in this."
Mayor Avery said that he does not know of an instance where there
has been a specific complaint on which the Council has not acted, and
feels that Council can make a specific request of the State Board of
Health to have that water tested.
Mr. Youngblood asked the meaning of Sec. 17-28.1, swimming pools
being required to have a four=foot fence.
-3- D.B. Civic League 7-25-67
MayOr Avery said that ordinance concerning requirements of fencing
swimming pools was passed s~bsequent to this problem, and requires
property:owners to fence their pools.
City Attorney Adams explained that the ordinance concerned with
this problem is Section 17-29. "Unguarded excavations, swimming pools,
wells, etc. declared nuisance. Any well, swimming pool or other dan-
gerous excavation in the earth kept, maintained, or permitted in an
uncovered, unprotected, unfenced or otherwise dangerous or unsafe con-
dition within the City is hereby declared to be a public nuisance."
Further, the swimming pool ordinance that requires a four-foot fence
of everyone, unless excused, would not apply to this lake any more
than it would to a finger canal.
QUESTION 2. Were there any stipulations regarding an enclosure of
the water at the time permission was given the contractor to construct
the drainage canal?
Mr. Carlis Brantley asked for an answer to that question.
City Attorney Adams explained there were no city ordinances at that
time, and no present ordinances, that require a canal like this to be
fenced, and there are 38 finger canals plus about five miles of Intra-
coastal Waterway in the City; further, the laws have to apply uniformly,
and you wouldn't apply the law until an excavation becomes a nuisance.
Mayor Avery recalled a time in October, 1964, following complaint
by property owners concerning the dangers created by that lake, that
the City had investigated the possibility of putting a fence up around
that body of water, but the Council had been advised it could not ex-
pend city funds to build fences on private property.
Concerning question 4, Mr. Dave Hoggins said if this lake is for
drainage, why is there as much as four or five feet of water continu-
ally in the lake which makes it such a drowning hazard?
City Engineer Fleming said the building contractor was never given
permission to construct a drainage canal in that area, and the City
did everything possible to stop him from digging such canal or lake,
but he was digging it on his private property. Further, the reason
it is part of the City drainage system is because prior to that time
there was a sort of canal that crossed that property, and after Mr.
Priest dug that large pond and there needed to be an outlet to it,
the City, in an effort to keep the water fresh, let him provide for
drainage in and out of said body of water.
Mr. Hoggins asked why as much as four or five feet of water remains
in that lake, and City Engineer Fleming said it was not designed to
drain dry, that it is his understanding it was advertised as water-
front property and there would be a lake there~ further, the drainage
doesn't come in or go out at the bottom of the lake, and the water
still stands partly over the drainage pipe because there isn't suffi-
cient depth in the canals beyond to take care of it.
QUESTION 3. On October 18, 1964, the citizens of Delray who occupy
the homes wrote a letter asking about building codes regarding the con-
struction of a sea wall, asking where the responsibility rested with
regard to protective measures against property erosion, drownings, etc.
The reply from the city manager to the citizens indicated that the
city had no ordinance regarding the enclosure of open water unless the
water was deemed hazardous.
Is there now an ordinance regarding the building of housing develop-
ments ..... insuring that sidewalks be constructed by the builder, that
no open water exist? If so, how does the ordinance read .... what is
the date of the ordinance ..... why were sidewalks not constructed in
the area concerned by the builder of the homes?
Mr. Baine asked for an answer to the third item of this question
No. 3, concerning sidewalk construction.
City Engineer Fleming explained that the City has a subdivision
ordinance which requires the building of sidewalks when property is
subdivided and improved, but since Mr. Priest would not subdivide his
property according to said ordinance, he could not be required to in-
stall sidewalks. -4- D.B. Civic League 7-25-67
The City Attorney explained there is a Florida Supreme Court Case
that binds the County the same as the City, and if a man wants to sub-
'~divide his property and sell it off in metes and bounds there is no
way that a governmental agency can make him do something he doesn't
want to do. Further, they can make him put in sewers and septic tanks
or things that are health hazards, but there is no way you can force
a man to put in sidewalks unless he agrees to plat a subdivision and
come within the subdivision code.
City Manager Gatchel explained to Mr. Baine that where Mr. Priest
is continuing to build, he is not subdividing the land, but building
on lots of record, and were lots of record prior to the time of the
City's subdivision ordinance, and there was no sidewalk requirement at
the time those blocks were subdivided into lots.
QUESTION 6. Recently two boys drowned in the drainage canal...
since this incident and other conditions exist, who is to deem the
canal a HAZARD?
The City Attorney said that as pointed out earlier regarding un-
guarded excavations, the City Council would deem it a hazard.
QUESTION 7. Who is responsible for initiating protective measures?
The City, the individual homeowners and O. D. and Ruth Priest who
control second mortgages on the majority of the homes and are subse-
quently co-owners, or the original contractor?
The City Attorney referred to Sections 17.29 and 17-30 of the Code
of Ordinances.
"Sec. 17-29. UNGUARDED EXCAVATIONS, SWIMMING POOLS, WELLS, ETC.
DECLARED NUISANCE.
Any well, swimming pool or other dangerous excavation in the earth
kept, maintained, or permitted in an uncovered, unprotected, un-
fenced or otherwise dangerous or unsafe condition within the city
is hereby declared to be a public nuisance.
Sec. 17-30. SAME -- UNLAWFUL TO MAINTAIN.
It shall be unlawful for any person to keep, maintain or permit
a well, swimming pool, or other dangerous excavation in the earth
uncovered, unprotected, unfenced or otherwise dangerous or unsafe
condition within the city."
The City Attorney said the City Council would presumably, after an
investigation with the Administration, declare it a public nuisance,
and any person who violates these provisions of the ordinances would
be punished in accordance with the City Ordinances. Further, if it is
declared by Council to be a nuisance, it would be up to the private
property owners to rectify it, and if they didn't rectify it, a warrant
would be sworn out against the individuals and theywould be arrested
and it determined in Court as to whether it is a nuisance, and if it
was determined to be a nuisance there would be a fine.
It was pointed out there are two nuisances, one being a health
menace which the City should take up with the County or State, through
the County Health Department, the other nuisance being the safety of
the people in the area and would concern fencing.
Concerning question No. 7, regarding the mortgages held on proper-
ties surrounding this lake, the City Attorney explained: "The fact
that somebody owns a mortgage on a piece of property means nothing.
The mortgage is security that the debt will be paid. The only time
the mortgage comes into play would be if they do not pay the debt then
the mortgagee, that's the person who holds the mortgage, would fore-
close the mortgage and then be the owner of the property. At that
time O. D. Priest or Ruth, or whoever it was, would be liable as an
owner, but not just because they had a mortgage. That mortgage is
just a lien to be sure they get paid."
-5- D.B. Civic League 7-25-67
During discussion of whose responsibility this is, and explanations
concerning mortgage holders, cityA~.~~ Adams said he would like
for the property owners to know 'some of the background of the situa-
tion. That he had met with the City Engineer numerous times, had met
with the County Health Department and the County Attorney, and that
the City had done everything in its power to prevent the condition
that exists.
Mr. Hoggins asked of the possibility of taking this situation to a
higher court, concerning the health hazard, even to the United States
Supreme Court.
City Attorney Adams explained: "At the time we talked to the Coun~
ty Attorney, the next case that came up where somebody tried to circum-
vent or get around the subdivision ordinance, he was going to try to
take it up to the Florida Supreme Court and get them to change the law
and possibly, if they would not, he can only do what the County Com-
mission authorizes him to do, but he was going to try to change the
law." Further, it didn't seem indicated at the time that the City
should try to finance such a thing if the County intended to go to the
Supreme Court, as such a procedure would cost many thousands of dollars.
He explained that at that time there were three court cases on that
point saying that an individual property owner had a right to do with
his property and sell it anyway he wanted to, provided there was no
health menace.
Mr. Baine questioned O. D. Priest digging the lake there, and the
City Attorney pointed out again that Mr. Priest owned the property at
that time, before the houses were constructed and sold, and the only
power the Council had was.to cause the nuisance to be abated if it did
become a nuisance, and now that it appears to be a nuisance the prop-
erty is owned by several people and not by the person who dug the lake.
It was pointed out that in the buying of real estate, it is the law
that it is up to the buyer to protect himself.
Mrs. Baldwin asked if the City is involved in this condition since the
City is using the lake as a part of its drainage system?
The City Attorney said he believed that would be answered during
the discussion of Question No. 8, but if there is a stagnant condition
and this is determined to be part of the drainage system, the City
would be responsible for keeping the pollution out of it.
QUESTION 8. During the past two city-county elections it has been
promised that the inadequate drainage system on the S. W. side of
Delraywould be corrected. This hasn't been accomplished. What
specific steps have been taken? When will the drainage system become
adequate?
Mayor Avery explained that the Council had employed Engineers to
prepare a feasibility study on this southwest drainage, and at the
time of the last meeting with the Engineers they had the exhaust sys-
tem planned but not the collection system; further, as of July 13,
1967, the Consulting Engineers report: "The S. W. Storm Drainage
Study Report has been finalized and we are requesting that Mr. Gatchel
arrange a special workshop meeting of Council for the presentation of
the report."
Mayor Avery said that when the meeting is held with the Consulting
Engineers the City would find out the cost of said drainage, all the
technical procedures, followed by Council authorization of final plans
and specifications, request for bids, award of contract, and construc-
tion of the system would, after official Council authorization, take
approximately nine months.
Mr. Carlis Brantley asked if the southwest area drainage would take
care of all of the low southwest section instead of just the homes
surrounding the lake that is under discussion.
Mayor Avery explained that the feasibility study would cover all of
the southwest area.
-6- D.B. Civic League 7-25-67
Councilman Talbot said that he had asked the City Engineer if it
would be possible, during the construction of the southwest drainage
project, to dry up this lake and it be filled in.
City Engineer Fleming explained that during time of construction
of said drainage project there would be fill available to fill in this
lake if it is desired.
Mr. Baine questioned the possibility of the southwest area being
drained into the Intracoastal Waterway.
City Engineer Fleming explained that it could be drained in that
manner, and that method was very carefully studied as a part of this
engineering study; further, it could be run directly from 3rd Street,
under the railroad and into the Intracoastal Waterway, but the cost
was so prohibitive and the size structure required would be a concrete
box ten feet wide by six feet high, the time of construction would be
considerably longer and a great deal more expensive than the present
proposal of draining to the southwest, and would drain only a small
area instead of the whole southwest section.
City Manager Gatchel displayed plans, and explained as follows:
"These plans were drawn by Russell & Axon and I hope that you can
gather around so that you can see them well enough. In this particular
plan which the Council thought more feasible, would drain about 1200
acres, that is the area outlined in blue, and is all the way from
Atlantic Avenue to the C-15 Canal. This blue line is the existing
route of the existing drainage which is inadequate.
Alternate routes A-1 and A-2, the red and green lines, will ulti-
mately follow the same basic pattern, still getting the water down to
C-15 by using the Hungerford Canal which is already dug, at a cost of
$133,250. That is construction, construction costs alone, no right-
of-way acquisition, no engineering or anything of the sort.
This route, to which you just referred, shows draining only 172
acres from Atlantic Avenue to 3rd Street. If they take this water and
go west with it to the E-4 Canal, by this green line, it would cost
$318,400. as opposed to the $133,250. If they go the route you think
they can go, and they can do it Leroy, by taking it up here to a pump
station and going east to the Intracoastal, under the railroad tracks,
under the Intracoastal, etc. for $392,100.
Another proposal would pick up here, here is the pond, would pick
up here the other side of 4th Street, go behind the cemetery, cross
10th Street just east of Germantown, by covered construction there,
underground construction, ultimately ending up in Hungerford Canal and
the C-15 Canal at $324,330. You can see why the Council feels this
way about it. Remember, all drainage is put in in this City by
assessments."
Mr. Carlis Brantley asked if any support could be obtained from the
United States Government if any of these drainage plans are undertaken?
The City Manager continued with further information: "I have some-
thing to say to all of you. I haven't even had a chance to tell Coun-
cil of this, but I was on the phone yesterday afternoon with HUD in
Atlanta. That is the Housing and Urban Development Fund for the Fed-
eral Government. This Council Authorized the Engineers to apply to
HUD for planning money. A planning advance, to conduct this feasi-
bility study, the report which is now ready to go to Council. Council
got sick and tired of waiting for HUD to approve an application for
$7,500 loan, this is just an advance, so Council went ahead and in-
vested its own $7,500 plus the original $1,000 which we paid the
Engineers to even submit this application. The Council now has $8,500
of City funds invested in this thing. This call yesterday afternoon
was from an officer in HUD asking the status of the Council's intent
as to the request for the $7,500. My answer to them was that the
Engineers had gone ahead and prepared this feasibility report but the
Council has not received it as yet. Now remember, this $7,500 was to
pay for this report but the Council went ahead and spent their own
money on it and didn't wait for the Federal Government because it takes
so long. -7- D.B. Civic League 7-25-67
I was advised yesterday afternoon that the Council should withdraw
its application for this $7,500 and in lieu thereof to submit an
application for not only a construction loan, which the City would
have to pay back, but also to submit an application for a construc-
tion grant which can go ~p to as much as 50 per cent of the cost of
construction. This was advised yesterday and is the first time we
have had any indication that there is any construction grant money
available."
There was discussion about the length of time it takes to make a
feasibility study such as the drainage for this large area, the length
of time it takes the government to act on applications received for
loans and grants, and what support could be had from senators and
congressmen.
The City Manager explained further: "One more thing that I wanted
to describe on this particular map for you is the fact that this
yellow area, outlined in yellow, is al.1 in the County, so you see that
such a drainage program as is being designed right now to drain all of
this blue area, the area outlined in blue all the way down to the C-15;
this is the main area that you are talking about, that pond, but all
of the drainage will go through this much of County area, and you can
see the amount of County area that will be involved. I feel this Coun-
cil will approach the County as well for some assistance on this area
right here, so you see there is still a lot of things that have to be
put together. Actual construction time that I think Mr. Fleming was
talking about is somewhere in the neighborhood of about nine months,
but financing, getting the grant up to 50 per cent of the total cost
of the project from HUD, getting a loan for the other 50 per cent,
finding a means of assessing to get that money to pay back the loan,
things of this nature are all going to have to be worked out by Coun-
cil, but to tell you the truth, this Council right here is way ahead,
as that problem wasn't born just yesterday."
Mr. Brantley asked if the figures quoted covered the cost of buying
right-of-way, and was informed that such cost was not included.
Councilman Jurney said several people had indicated that they
would donate the right-of-way for certain portions of the drainage to
go through their property, since their property would also be benefited.
It was pointed out that all Councilmen had done everything possible
to move forward and make some progress in getting the southwest sec-
tion of the City properly drained, but so many different things are
involved such as proper plans, money, right-of-way, etc.
QUESTION 9. Which is more important, a new jail or the establish-
ment of adequate drainage facilities?
Mayor Avery pointed out that both items are important, but unrelated,
as the jail facilities would be a capital improvement, and part of the
drainage cost would be on an assessment basis.
Mr. Baine asked what the City plans to do about the problem regard-
ing the pond?
Councilman Jurney suggested that it may be possible for the City
Manager to contact the 20 property owners and meet with them in an
endeavor to find out their feelings concerning this lake, and try to
find some solution to the problem.
Mr. Baine referred to Question 5, and said this doesn't only con-
cern the 20 property owners, that it concerns the whole community.
Mrs. Fisher reported she had contacted 13 families concerning this
meeting tonight, and said she feels there would be so many different
reactions if the property owners were called into a meeting, and that
would be an unnecessary step if this is a health hazard.
-8- D.B. Civic League 7-25-67
Mayor Avery commented and questioned as follows: "You are leaders
in the western community. You represent your committee of the Delray
Beach Civic League which I respect as representing a cross opinion of
an entire community. This is the question I want to ask tonight. We
have received a lot of comments on how we can't do things, now I want
to know how we can do something. Do you, as leaders of the Community,
recommend~to us that we have the Administration check this pond, or
whatever you want to call it, this is going through the legal proce-
dure, and if this can be declared a nuisance, is it your desire as
leaders of the Community that we do declare that a nuisance, and pro-
ceed to alleviate that situation out there?"
Several people answered: "very much".
Mrs. Fisher said it should be realized tha~ many of the home owners
there cannot afford to install a fence on their property, and if said
pond is declared to be a health hazard, feels that the property should
be posted rather than the owners being required to install a fence
until it is determined whether or not the pond will be filled at the
time of installation of drainage facilities in the southwest section.
Mayor Avery said he had been reticent, until talking with the lead-
ers of the western community to make demands of an individual property
owner, but if this is examined by the City Administration, there will
be recommendations at how best to alleviate the nuisance, whether it be
by filling, fencing, or otherwise, and the property owners would then
be ordered to do whatever is necessary to alleviate the nuisance.
Mr. Hoggins asked if the City Council would check with the County
Health Department in this matter, and Mayor Avery said he would request
that the City Manager have the Health Department institute the neces-
sary studies to determine to what degree the pond is a health hazard.
Mr. Jurney said there is a hazardous condition of possibly other
children losing their lives, the possible hazardous condition of pollu-
tion, and the possibility of the City declaring it a nuisance.
Mr. Talbot said he would agree with Mrs. Fisher and be most reluc-
tant, as a Councilman, to impose the expense on those families of
fencing in their property at this time, but would like to see from the
drainage feasibility study if it is practical to fill the pond.
Mrs. Fisher asked if the property could be posted, and it was point-
ed out that it is private property, and City Attorney Adams said that
would have to be done in conjunction with the County Health Department.
Mayor Avery questioned: "Is it your desire as leaders of the Com-
munity, is it your recommendation that we get the feasibility study and
see where we are going with the drainage; meanwhile, have the Health
Department check it, and hold off on the nuisance angle of this until
we have exhausted all other methods. Is that your desire and recom-
mendation?''
Mr. Baine said "yes" and asked if they would be notified, and if
45 days would be sufficient time, before the hurricanes start.
Mayor Avery said he couldn't say about the 45 days, but he would
direct the City Manager that the Civic League be notified of the date
of the meeting with the Engineers on the feasibility study, and all
could understand what is proposed in the feasibility study, and all
would be thinking alike.
Mr. Baine said that would be agreeable, and the City Manager was
directed to notify that League of the meeting with the Engineers.
Mrs. Fisher said this meeting had been very helpful and thanked the
Council for its time in meeting with the Committee.
-9- D.B. Civic League 7-25-67
Mrs. Fisher informed Council that a year ago she had called the
Police Department and was directed to call someone else regarding a
"Stop" or "Yield" sign in the section of S. W. 3rd Court as there is
a problem with so many children in the area.
Mayor Avery informed Mrs. Fisher there is a safety committee that
works on such problems, and she said the problem is at the corners of
S. W. 3rd Court at 10th and 8th Avenues.
City Manager Gatchel reported that he had already ordered construc-
tion of a short strip of sidewalk on the north side of S. W. 10th
Street, which item had been brought to the attention of Council and
the City Administration last night, concerning the safety of children
going to Pine Grove School.
Mr. Baine, on behalf of the Civic League and the western section of
Delray Beach, expressed appreciation and thanks to Council for the
fine cooperation given tonight, and the answers to some questions.
Mr. O. F. Youngblood expressed his desire that Delray Beach remain
peaceful and harmonious and all of its residents work collectively
toward maintaining the heretofore peace and harmony within the City.
Mayor Avery replied: "Then, would you do us this favor? Would you
take this under consideration and come to us with any recommendation;
meanwhile, we will be straining our brains too, but we solicit any
suggestions as to what we might do."
City Manager Gatchel reminded Mr. Youngblood and others present,
that after the tragic circumstances last Halloween, the majority of
the people in this audience met with Council concerning preventative
measures of what could be done in the event of a reoccurrence; further,
that there is a great deal of similiarity in that with the molotov
cocktails, the burnings, etc. in the major riotous situations through-
out the nation at this time, and the City Administration and Police
Department are depending quite heavily upon the decisions that came out
of that meeting, which, in his opinion, are valid in any circumstances
should something happen.
The City Manager continued: "I think the planning that came out of
that meeting that you had with Council, having to do with the school
teachers, the members of your League, riding with our officers and
helping to track down those who become disorderly are still very valid,
and I, for one, would be the first to push the button that would set
such a plan in motion if we were to have any such occurrence, or re-
occurrence, similar to last Halloween. We are still counting very
heavily on that."
There being no other questions, the meeting adjourned
-10- D.B. Civic League 7-25-67