09-11-67 153
SEPTEMBER 11, 1967.
A regular meeting Of the City Council of Delray BeaCh was held
in the Council Chambers at 8=00 P.M., w£th Mayor Al. C. Avery in the
Chair, City Manager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen J. LeRoy.Croft,.James H. Jurney, LeRoy W. Merritt and
George Talbot, Jr., being present.
1. An opening prayer was delivered by Father John Skehan.
2. The Pledge of Allegiance to the Flag of the united States of America
was given.
3. The minutes of the regular meeting of August 28th, 1967, were
unanimously approved, on motion by Mr. Croft and seconded by Mr.
Jurney.
4. The City Clerk read a note from retired Fire Chief John R. Gregory
and his wife thanking the Council and City Employees for the farewell
dinner and gift.
4. The City Clerk read a letter from Mr. & Mrs. C. Herrick Hammond
thanking Council for granting their recent request for abandonment of
Hammond Road.
4. The City Clerk read the following letter, dated August 23, 1967~
'~The Executive Board of Beta. Iota ~hapter, Beta Sigma Phi,
on 'behalf of its chapter members, endorse the 'following.
motion passed by the Zonta Club of Delray Beach on August 1,
1967=
'That we'petition the City Council and
Adminstration to allocate more monies
in the budget for a larger police force,
-for higher salaries for-police officers,
and more funds for the administration of
the police department and better facili-
ties for their operation.'
A large well-paid police force is needed for the proper
protection of our citizens. If an increase ia required
to meet this need, we feel the citizens will gladly pay
for it."
4. City Clerk Worthing read the following letter from Mary S. (Mrs.
Albert H.) Tare, da~ed Septe~er ll!
"The ladies with whom I have been in contact w~.th, regard-
ing the need for instruction in Self-Defense, are delighted
to learn that you are offering such a course.
On behalf of the many interested candidates for this
instruction, i wish to extend deepest appreciation.
We also extend our 'Thanks' to Lt, Gene Billings and
Sgt. C. E. Dalton for volunteering their time and services
to this worthy cause."
5. Mr. Jurney commendedPolice Chief Croft and Captain Grantham on the
fine work done by the P01~ce DePar~ment'fo!lowing an armed robbery at
the Fountain Store recentlY. He. also CO~nended amale Negro customer,
making a purchase in his store at the t~me, for his cooperation and
offer of assistance. Mr. Jurney said he would Obtain the name of this
Negro customer, and asked that the City Manager write him a letter of
appreciation. '
5. Mr. jUrney said h~ had received several compzaints'regarding a
condition Of'sand and debtors on the. sidewalk on South Sw£nton Avenue
-1- 9-11~67
1.54
resulting from the sewer conetructi~n,'snd asked that the City Manager
investigate this matter,
5. M~. Merritt said he had received compIaints fro~ several residents
of Tropic Pal~s Subdivision c~ncerning large dump trucks hauling fill
from Boca Retch and' traveling oh"Linde11 Boulevard', and asked that the
City Manager have the Chief of' Police investigate this matter.
5. Mr. Merritt 'informed Council that h~ had received a call from the
Publicity Chairman of the Delray Beach Playhouse event called "The Day
of Golf" to be heId October 1st, asking if it is possible for them to
hang a banner across Atlantic Avenue, advertising this event.
The City Manager reported that is not allowed by the State rules
and regulations regarding State H~ghways.
6.a. Concerning appointment 'of a Sewer Adjustment Advisory Board
member, Mr. Jurney moved that Mr. W. L. Geigero 316 South Swinton
Avenue, who qualifies for such BOard membership and is willing to
serv%, be appointed as a me~ber to said Board to fill the vacancy by
the resignation of Mr. Charles D. Jefferson. The motion was seconded
by Mr. Croft and carried unanimously. The expiration of this term of
membership on the Sewer AdjuStment Advisory Board is August 24, le68.
6.b. City Manager Gatchel reported that a proposal has been received
from the City's fiscal agents, R. W. Pressprich & Co., Incoporated &
GoOdbody& Co., for financing a Certificate Issue of $600,000. presented
tO Council with' the Agenda, which issue is for the purpose of provid-
ing funds for Capi'tal Improvement Program projects, and subject to
Council. approval thereof, Resolution No. 23-67 has been prepared,
authorizing said fiscal agents to proceed with such financing.
REsOLuTION NO. 23-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHOR-
IZING A~D INSTRUCTING THE FISCAL AGENTS
TO PROCEED WITH FINANCING FOR CAPITAL
IMPROVEMEN~ PROJECTS IN AN AMOUNT'OF
$600,000.00 WHICH CAN BE FINANCED 'BY
UTILITY TAX REVENUE.
{~oPY of Resolution No. 23-67 is attached to the official copy
of these minutes.) See page 160-A.
Mr. ~urney pointed out that' in Resolution No. 23~67 the speci£ic
items of capital improvement are not listed and that since the last
budget meeting he had asked the Finance Director to also obtain figures
on a$300,000, issue, the amount considered for continuation of the
beach revetment program, and said that he would not want the present
revetment continued until it had been thoroughly tested by a hurricane.
Following comments on interest, etc., on a $600,000. issue as
opposed to s $300,000. issue,.Mr. Jurneymoved that Council accept a
~esolution that would spell oUtwhat the capital improvements would be
for a total sum of $300,000.
The City Attorney pointed out that Resolution No. 23-67 would
authorize the fiscal agents to proceed with the fiscal procedures to
bring $600,000. in the form of a resolution whlich would specifically
state the items it would cover! further, that all of the $600,000.
issue would not have to be sold and the fiscal agent's fee would be
$12,00 Per one thouSand~d~llar bond issued.and .sol~, payable only if
said'bonds are sold anddel~vered.
Mr. Me~ritt seconded Mr. Jurney's motion for the purpose of
discussion.
Mr. Nathan Sharp cautioned the Covncil against cons~dering
bond ~gsues that could increase ad valorem taxes if the utility tax
revenues Should drop.
-2'~ 9-11-67
155
Following lengthy general discussion, City Attorney Adams said
that he did not feel Mr. Jurney's motion was complete, and referred
to Section 3 of the proposed Resolution which quotes the fiscal
agent's fee based on $600,.000. and sugges'ted that the motion be to
draft a resolution authorizing the fiscal agents to proceed with
financing for capital.improvamen~s for a $300,000 issue. Further,
it is his understanding that the fiscal agent's oosts would b~'higher
on a $300,000. issue.
'Finance Director Weber reported that he had talked with the
fiscal agents and they would do the $600,000. issue for $12.00 per one
thousand dollar bond, totaling $7~200. and if a $300,000. issue was
desired, they had three different proposals regarding the fee. One
proposal was fo=..a fee of $16.00 per one thousand dollar bond, or
$4,800.. Another proposal is they would buy the bonds directly from
the City and negotiate an interest rate, but they did not prefer this
because they feel all sales should be on a bid basis, but on a $300,000.
issue, it is very difficult to get bidders. The third proposition is
they would hire themselves out to the City 'as its agent and negotiate
a sale with another private party, local banks, investment'..companies,
or somebody. They would do this for a fee of one per cent, or $3,000.
with the City paying all the cost to print the bonds, and paying the
bonding attorneys approximately $1,000. to draw up the resolution.
UpOn call of roll' on the motion, Mr. Jurney voted in favor of the
motion, ~nd Mr. Croft, ~rl M~rritt, Mr. Talbot and Mayor Avery were
opposed. The motion did.npt carry: · - '~'. ..-
Mr. Jurney asked if it is necessary for the capital improvements
to be listed in the Resolution covering the $600,000. at this time,
and he wants it to be a matter of record that he would vote for the
$600,000. issue only for the fact that it would be for the police
complex and the revolving fund of the S. W. drainage, and not for a
continued beach revetment at. this time. The City Manager informed
Mr. Jurney that the capital. Lmprove~ents need not be listed in this
resolution butwould be listed in the long resolution prepared by the
bonding attorneys.
Mr. Talbot moved that Resolution No. 23-67 be passed and adopted
on this first and final reading, the motion being seconded by Mr.
Croft.
Following a question bY Mr. Croft, the City.Manager.explained
that a question had been asked of the fiscal agents, what, if any,
could the City of Delray Beach borrow for cap£tal improvement purposes,
pledging the Utility Tax income, and the fiscal agents had given the
figure of $600°000. along with deta£1ed information ih their letter
of April 26, 1967. The City Manager then explained in detail the
figures of what it would mean in dollars and cents to the tax-paying
public of the City of De!ray today and for the next ten years.
Upon call of roll, Mr. Croft, Mr. Merritt, Mr. Talbot and Mayor
Avery voted in .favor of the motion and Mr. Jurney abstained from
voting.
6.c. Regarding plans to provide parking in the City Park, the City
Manager said it having been determined that lands adjacent to the park
are not available, revised plans providing additional parking facili-
ties within the park have been presented for Council consideration
tonight.
The City Manager informed Council that he had held a meeting on
September 7th, with City Clerk R. D. Worthing, Director of Parks &
Recreation Alfred Elliott0 Director of Public Utilities .Dale Christison,
City Engineer Mark C. Fleming, Chief of Police R. C. Croft, Captain
James S. Grantham, Sgt. C. E. Dalton, and F~ngineering Assistant J. L.
Brawner, and several different plans had been thoroughly discussed,
and explained in the report of said meeting. He explained the different
proposed plans and the additional parking spaces that would be pro-
vided by each plan, and said it is the recommendation of the adm~nis-
tration that the Council g~ve its favorable consideration to Plan No.
5, as outlined in the report, and further,, subject to Council's ap-
proval thereof, to authorize the adm£nistration'to proceed with the
-3- 9-11-67
development of plans and specifications for Plan No. 5. j(Copy ~f the
revised plans and recomendation ~onsiderad at said September 7th
meet£ng are attached to the Official copy of ~heae minutes.) Pgs. 160-B-E.
TheCity Manager further explained that the $12,800. anticipated
cost of Plan No. 5, can be financed from the remaining funds in this
year's budget if Council is so inclined.
During discussion it was pointed out that there would be very
!ittle additional park area lost if proposed parking Plan No.
used, and i~t wa8 also pointed out. that the area of the park had been
increased approximately 25 per cent at the ~time the sea wall had been
installed.
During discussion, of a proper motion, City Manager Gatchel quoted
as follows from the minutes of said September:Tth meeting~ "All the
cost estimates are based on contract prices~ if it i8 decided to
City forces, they should be somewhat lower. When Council determines
which plan is preferred, closer estimates will be prepared." The
City Manager said he would like to develop Plan No. 5 further, at
Council discretion, and come back to Council at the next meeting with
closer estimates for consideration at that time.
Follow£ng discussion concerning width ofparking spaces, etc.,
Mr. Croft moved that the City Managerproceed with his reconvaendation,
concerning Parking. Plan No. 5 and come back to Council with more
firm figures, the money for said project to come from the Contingency
Fund with the final plan tabs approved by Council. The motion was
seconded byMr. Merritt. Upon call of roll, Mr. Croft, Mr. Merritt,
Mr. Talbot and Mayor Avery voted in favor of the motion and Mr. Jurney
was opposed.
6.d. Concerning a transfer of funds to cover pavilion construction
cost, the City Manager reported'to Council as follows=
"The preceding Council authorized transfer of $2,330.59
forconstruction of the'concrete floor at the Pavil£on,
Atlantic Avenue and Ocean Boulevard, with the understandm
ing that when all other costs for railing, pipe frames and
canvas covering were determined, further transfer of suf-
ficient funds to cover costs thereof would be provided.
It is, therefore, requested that authorization be given
to transfer $2,591.00 from the General Fund Contingency
Account to 910-731-605, to cover such cost for the now
completed project."
It was so moved by Mr. MerrEtt, the motion being seconded by
Mr. Talbot 'and unanimously carried.
6.e. Concerning a transfer of funds, theCity Manager informed Council
that at the time of awarding contract for Workmen's Compensation
~surance coverage last December, it was pointed out that cost thereof
would excee~ the amount budgeted therefor, and as a result of analysis
and recent audit of the 1966 policies and experience, a deficiency of
necessary funds, in the amount of $4,120.00, has been determined~
further,.it is requested that this amount be authorized transferred
from General Fund Contingency ACcount to 910-852-454. It was so moved
by Mr. Jurney, seconded by Mr. Talbot and unanimously carried.
6.f. Concerning Storm Drainage System financial aid from the Depart-
ment of HOusing & Urban Development (HUD), the City Manager reported
to Council as follows~
"It,s ~equeete~ that Council authorize-Russell a Axon, the City's
Consulting Engineers, to provide for seeking &withdrawal of an Ap-
plication for Planning Funds, previously filed by Russell & Axon, with
HUD, on behalf of the City, and to submit application to that Depart-
ment, in lieu thereof, for a grant, and also a construction loan, to
provide for affecting the Southwest Drainage Project. As a result of
recent phone conversation with the Atlanta office, it is understood that
-4- 9-11-67
157
Jgrant' funds are available."
It was so moved by Mr. Jurney, seconded by Mr. Talbot and unan-
imously carried.
6.g. Regarding acoustical treatment for the community Center Gymnasium,
the City Managerreferred.to a detailed analysis of the existing
acoustical conditions, engineering information upon which is based the
recommendation of the City's employed Acoustical Consultant John A.
Ford, dated September Sth, and a brochure with engineering data con-
cerning Hansom~Etc units, the use of whichis contained in the recom~
mendation for~wall treatment,' and their, application. He reported the
total cost for material.and labor, as recommended by the Consultant,
is $6,237.50.
Mr. Jurney reported that together withMr. Elliott, D~rect0r of
Parks and~Recreation, and Mr. J. L. Brawller of the Engineering'Depart-
ment, a trip had been made today to the Joh~ F. Kennedy High School
in Riviera Beach, to inspect a~d investigate the results of this type
of acoustical treatment,' and that he is in accord with the plans as
submitted which he understands from the City Manager includes a plywood
Or frame backing.
The City Manager pointed out that this matter has not been dis-
cussed with any prospective bidders, and continued= "This is just an
estimate for Council edification at this time and any mOtion ahould be
that plans and specifications providing for the backing, asMr. Jurney
just mentioned, should be prepared, with ~he authorizing of advertising
for bids." It was so moved by Mr. Jurney. The motion was seconded
by Mr. Merritt and ~a=ri~d unaltLmous~y.
7.a. Regarding consideration for advertising expenditure in the
Annual Program for Delray's .entrant - Delray Rocks - in the Gold Coast
Football League, City Clerk WorrYing reported to Council as follow=
"Mr. Milton Yeoman, Advertising Sales Captain for the Annual Pro-
gram of the City's entrant - ~Delray ROcks' - in the Gold Coast Foot-
ball. League, requests City participation in the program by insertion
of an advertisement therein.
As requested by Council at its last regular meeting, research
discloses there being 12 teams in the Gold Coast Football League,
cluding the Delray Rocks.
Two of the teams are completely financed by their City, which
includes uniforms, insurance, lighted fields, supervisory personnel
and paid individuals to officiate at the game.s, other cities provide
lighted fields with line marking prior to all games, as well as paid
officials, and several of these cities also subscribe .to ads in the
programs.
Delray Beach Participates in the Soap Box Derby, conducted bY
private interests. City advertising funds have also been expended
this current year in subscribing to an ad in the Little League. Base-
ball Tournament program. The City also played host to the 1967 tour~
nament, but had no representative team in the League.
It is recommended that Council authorize participation ~n the
Delray Rocks Annual Program by subscribing to a full page ad, $100~00
or a half page ad, $60.00, with funds to cover such expenditure being
authorized from the General Fund Contingency Account."
MaYor Avery relinquished the gavel to Vice-Mayor Jurney and moved
that the City of Delray Beach take a full page ad in the amount of
$100.00and the money to cover such expenditure come from General
Fund Contingency Account. The motion was seconded by Mr..Merritt
and carried unanimously.
8.a..City ClerkWorthing presented RESOLUTION NO. 22-67.
-5- 9-11-67
158
A RESOLUTION .~IN(3 APPROPRL~,TIONS OF SUI~ OF MONEY
FOR ~. NECESSARY EXPENDITURES OF T~ C~TY OF D~Y
B~, ~ORZ~, FOR ~S PERZOD FR~ ~E 1ST ~Y OF
~TOBER, 1967 TO ~S 30TH D~Y ~ SE~, ~968~ TO
P~CRIB~ ~E TB~, C~DITI~S ~ PR~ISI~S
~SPECT TO ~E I~ OF APPROPRIATI~ ~D ~EIR PAY-
~ ~D TO ~ ~ RES~UTIONS ~LY IN CO~ICT
WI~ THIS ~S~ION, '~.'~L ~S~IONS INCONSIST~
W~ THIS ~UTION TO ~ ~E~ ~ ~ SU~ INCONSIST-
EN~ ~D TO L~ A T~ ON ~ ~OPERTIES WI~IN T~
CI~ ~ D~Y B~ FOR ~I~EN~CE ~ OPE~TION,
AND TO L~ A T~ FOR T~ PAY~ OF PRINCIP~ ~
I~E~ST ON BO~ED I~EBT~NESS A~INST ~ PROP~TY
L~ATED IN ~E FO~ CITY OF DEL~Y, ~ TO ~O~TE
~ AP~OPR~TE SAID C~E~IONS
(Co~ of Resolution No. 22-6~ is attached to the official copy
of these minutes.) See ~ages 160-F-I.
Mayor Ave~ a~ounced that there had be~ a public he~ing
scheduled to be held at this t~e on the proposed ~dge~, and there
being no object~ons to said pro~sed budget, ~. M~rit~ morea 2hat
Resolution No. 22-67 be passed and adopted on this first an~ final
reading, the motion being seconded by ~. Croft. Upon call of ro11,
M=. Croft, ~. Merritt, ~. Talbot and. Mayor Avery voted in favor of
the motion ~nd ~. J~ney was
~. Talbot said he feels it is proper ~hat these Council minutes
reflect that at the ~bl[c budget ~rkshop meeting the vote was unan~
~mous on the proposed budget.
8.b. City Clerk Worthing presented ~IN~CE NO. 30-67.
~ O~IN~CE OF T~ CI~ CO~CIL OF ~E CITY
OF D~Y BEA~, ~ORIDA, ~IN~ CERTAIN
PROPERTIES L~ATED IN SECTION 29, T~SHIP
46 SO,H, ~E 43 ~ST, ~ OF ~I~ ~
L~ATED IN ~E D~Y BEA~ ~SERVE ~.
(Co~.oE Ordinate No. 30-67 is attached to the off~cial co~ of
these minutes.) See page 160-J~K.
There being no objection ~ Ordinate ~. 30-67, said ~inance
was unan~ously passed and adopted on ~his second and final reading,
on motion by Mr. Talbot and seconded ~ ~. Merritt.
10.a. ~s. Joseph Ellis sai~ that 8t a recent ~ncil ~ting.'ehe ~ha~
inquired as to whether or not there ~s a specific fishing area on the
~iC~al beach, and aske~ ~f that ha~ been determine~.
City Manager Gatchel re, fred 2hat accordin~ to C~ty Ordinances
f~sh~ng is not allowed in the a=ea where ~t ~uld endanger sw'~ers,
and that such ordinance provisions have been ~rovided in ~tten form
to all of the l~fe~arde.
10.a. A~torney Joseph ~erg of Boynton Beach inform~ ~uncil he
represents ~. Louis D. Tenerelli, o~er or large stockholder in the
Mo~outh Apar~ents located next door to Surfside 6 on South ~ean
Boulevard. He referred to complaints having been made of disturb~ces,
~d info,ed Council that all that has been r~ested is that Surfside
6 operate under the City rules and re~ations.
Ci~ Manager ~atchel read the following telegr~ that he had
ceived from LOuis D. Tenerelli, Saddle R~ver Oaks, ~c., 34 South
~e~ ~ulev~d, dated Sept~ber 5th, and said this telegr~ Was
~ressed to the ind~vi~ual m~bers of Council and certain memos of the
City A~nistrat~on = ,
"~e ocuupan~, o~ers ~d Manager Of the N~ ~mn~uth Apar~ents
are completely e~as~rated and ~rus=rat~ in the lack of your
-6- 9-11-67
159
tration to give relief from the local conditions which have been
reported to you repeatedly without any tangible results. Your lack
of interest in the probelm is now causing substantial property deval-
uation and financial loss. A'suit seems inevitable."
City Manager Gatchel reported that after the receipt of said
telegram, a meeting had been held with the City Manager, Chief of
Police, City Attorney and City Clerk in attendance. He then read a
lengthy letter he had written to the Mayor and City Council, dated
September 8th, concerning the operation of Surfside 6, the complaints
received and investigation and control of said business by the City
of Delray Beach and the State Beverage Department.
The City Attorney said he believed the letter just read by the
City Manager gives Attorney Tomberg his answer.
The City Manager was instructed to direct the Chief of Police
.... to watch the operation of said business more closely and proceed
with his recommendation.
Mr. Wm. Robison, manager of Surfside 6, thanked the City Manager
for his thorough investigation of ~is item, and said it is his desire
to operate the establishment in accordance with the laws.
lO.x. 'City Clerk Worthing informed Council that Sherman Williams Post
No. 188 requests permission to again use the West Side City Park for
sponsoring its annual Thanksgiving Festival during the week commencing
November 20th thru the 25th, withantertainment to be providedbythe
Sheldon Amusement Enterprise of Pompano, and proceeds therefrom to be
used for reducing the indebtedness caused by improvements to the
American Legion Hall. Further, Council approval of this request
should be with the understanding that the customary $50.00 depOsit be
placed to assure satisfactory clearing of the land.
Permission for said Annual Thanksgiving Festival was unanimously
granted subject to the City regulations regarding the use of ten~ or
other temporary struc~res, on motion by Mr. Jurney and seconded by
Mr. Croft.
10.b. City Clerk Worthing presented Bills for Approval as follows:
General F~d ' . ... $64,922.63
Water Operating &.M&intenance'Fund. 6,796.27
Water Revenue Fund 25,945.00
Cigarette Tax Fund 5,358.00
Mr. Croft moved that the bills be paid, the motion being second-
ed by Mr. Merritt. Upon call of roll, Mr~ Croft, Mr. ~urney, Mr.
Merritt and Mr. Talbot voted in favor of the motion and Mayor Avery
was.opposed, qualifying his vote in that he is an officer of a company
that has a bill in these Bills for Approval.
The meeting adjourned at 10:10 P.M.
R~ D..WORTHING City Clerk
APPROVED:
'MAy OR <
-7- 9-11-67
~---~
i I
160-A
RESOLUTION NO. 23-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHOR-.
IZING AND iNSTRUCTING THE FISCAL AGENTS
TO PROCEED WITH FINANCING FOR CAPITAL
IMPRO%~24ENT PROJECTS IN AN A~)UNT OF
$600,000.00 WHICH CAN BE PINANC~D BY
UTILITY TAX REVENUE.
W~EREAS, the City Council of the City of Delray Beach,
Florida, deems it in the best interests of the citizens of this
City to enter into an agreement with R. W. Pressprich & Company
and Goodbo~y & Co. employing said companies to act as fiscal
agents for the City relative to financing for certain capital
improvement projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FO~OWS:
SECTION 1. R. W. Pressprich & Company and Goodbody
& Co., as fiscal agents for this City, are hereby authorized and
instructed to proceed with the financing of certain contemplated
capital improvement projects in an amount of $600,000.00 which
can be financed by Utility Tax Revenue.
SECTION 2. The fiscal agents will pay all necessary
expenses involved in bringing the bonds to market, including
approving attorneys' fee, printing of blank bonds, cost of sign-
ing and delivery of same, preparation of the official offering
prospectus, submission to bond rating agencies, and all bond vali-
dation costs, excluding the fee of the City Attorney and Engineers.
SECTION 3. The City will pay the fiscal agents, upon
the sale and delivery of the bonds, a fee equal to Twelve Dollars
($12.00) per one thousand dollar bond issued and sold, it being
understood that the aforesaid fee is payable only if said bonds
are sold and delivered.
SECTION 4. The Mayor is hereby authorized to execute
an agreement with said fiscal agents in accordance with this
ReS°luti°n'PASSED AND ADOPTED by the City Council of the City of
Delray Beach, Florida, on this the 11th day of September, 1967.
/S/,A%. C. A?er¥ ,,
MAYOR
ATTEST:
R.,~. Wqrt~,!nq City Clerk
..... 160-B
MEETING CONCERNING PARKING IN CITY PARK, SEPTEMBER 7, 1967, 9=00 A.M.
PR~SENT~ City Manager David Mo Gatchel, City Clerk R. D. Worthing,
Director of Parks & Recreation Alfred Elliott, Director of
Public Utilities Dale Christison, City Engineer Mark C.
Fleming, Chief of Police R. C. Croft, Captain James S.
Grantham, Sgt. C. E, Dalton, and Engineering Assistant
J. L. Brawner.
This matter has been referred by the City Council back to the City
a~ministration to come up with alternate parking lay-outs, including
th~'two plans previously submitted, along with a recommendation, to
be presented at the regular meeting of September llth. All the cost
estimates are based on contract prices; if it is decided to use Cit~
forces, they should be somewhat lower. When Council determines which
plan is preferred, closer estimates will be prepared.
Concerning the plans already submitted, Plan %1 provides for entrance
off N. E. let Street into the existing parking area, with perpendicU~
lar parking; then there would be a paved area 22' wide in front of
the existing band shell building. This would necessitate removal of
a portion of the building, leaving intact the rest rooms and storage
area. This paved area would then branch out into two driving lanes
With angular parking in the center, which would be installed on the
site of the old shuffleboard courts. This plan would provide an ad?
ditional 29 spaces and would leave a 30' strip between the parking
area and the sidewalk on Atlantic Avenue for beautification purposes,
The whole parking area would be hedged off to make it more pleasing
to the eye. At the southeast corner of this parking area, there
would be an exit from the parking lot into the area of the master
lift station, thus eliminating the access onto Atlantic Avenue. The
cost of this plan is estimated at $3,150, which does not include th~
cost of removing a portion of, and renovating the band shell, or the
beautification.
Plan %2, which was submitted by the Park Improvement Committee, pro-
vides for utilizing the area between the east end of the lawn bowl%ng
courts and the seawall, which would provide perpendicular parking
space for 28 additional cars. ~nasmuch as there is no existing base
for this new parking area, the cost would be much higher per space
than the first plan, which utilizes the foundation of the old shuf~
fleboard courts; cost of Plan %2 is estimated at $10,150, which doe~.
not include beautification. Parking along N. E. 1st Street could b~
incorporated in either of these .two plans.
Disadvantages of these plans are: 1. Plan %2 - The Lawn Bowling
Club is already discussing the possibility of enlarging the courts
to the east where the parking area would be situated. Also, senior
citizens parking in this lot would have to walk completely around
the Adult Recreation building to enter it.
160-C
2. Parking along 1st Street - This would be hazardous because of
traffio on this dead end street, coupled with traffic resulting from
multiple housing units in that area. (Residents on 1st Street have
already registered their objections to this proposal)
3. In both of these plans, the rest rooms would be separated from
the playground area by the ingress-egress of the parking lot, which
would be a safety hazard for children using same.
4. It iS difficult to police the rest rooms at their present loca~
tion beuause they are not easily visible or accessible from Atlantic
Avenue. There have been numerous complaints in the past of attempted
molestation, indecent exposure, obscene writing on the walls, etc.,
and the area in the past seemed to be hang-out for homosexuals.
Plan %3 provides for utilizing the old shuffleboard courts and the
existing parking area, as well as the area where the band shell
building is presently located. There would be an entrance off N. E.
1st Street, with one-way traffic north and south and angular parking
on both sides. New rest rooms and storage area would be built at the
master lift station. This plan provides for 80 spaces and is esti-
mated to cost $12,250. or $101 per space, which includes cost of new
rest rooms and storage area.
Plan %4 uses the same basic lay-out as Pla~ %3, with an additional
3' on the east side, but provides 101 additional spaces with perpen-
dicular parking on both sides and traffic moving down the center area,
This plan would cost approximately $66 per space. The spaces are 9'
wide, which makes them fairly maneuverable. This plan, if the 3' is
added, allows cars to park with their bumpers to the edge of the side~
walk. However, they could be allowed to overhang the sidewalk and
the 3' would not be necessary.
Plans %3 and %4 provide for a 20' beautification area adjacent to
Atlantic Avenue. Rest rooms would be tied in with the master lift
station in an architecturally pleasing manner.
Advantages to Plans %3 and %4 are: 1. Both plans eliminate access
to Atlantic Avenue, which would be a safety factor.
2. Locating the rest rooms at the master lift station would put
them in a more tenable position from the Police standpoint.
3. The storage are~ would provide space for Parks and Recreation
equipment, and also the new hurricane shutters recently purchased
for the Adult Recreation building; they would be easily accessible
when they are needed, and there is no appropriate place to store
them at present.
160-D
4. Children would not have to cross the parking area to reach the
rest rooms from the playground area.
5. If the old shuffleboard courts site is utilized for part of the
parking lot, the residents using the bulkhead and the playground
area would be able to use it, as well as the people using the Adult
Recreation Complex.
Plan %5 uses the basic lay-out of Plan %4, except that the perpen-
dicular parking spaces are 10' wide, which will make it easier for
the senior citizens to drive in and out of them, also, should eli-
minate doors hitting cars next to them. Making the spaces 10' wide
would eliminate 13 of the 131 spaces provided in Plan 94, leaving
118, which is still more than Plan %3, at a cost of $75 per parking
space, or $12,800., which includes the cost of the rest rooms and
storage area.
The rest rooms would be in the same location as Plan %4 and this
plan incorporates all the advantages of both Plans %3 and %4. Plan
%5 was considered by all those present to be the most desirable from
all standpoints - police, traffic control, engineering, recreation,
etc., and eliminates very little of the presently usable park area.
This plan would accommodate the present needs end also provide for
the future, although even as many spaces as it provides, it is con-
sidered somewhat of a stop-gap and inadequate in the foreseeable
future. Figures quoted by the Recreation Director of the membership
in the Adult Recreation Club show an increase from 175 members last
year to a present membership of 350.
Another factor to be considered is that if the old shuffleboard
courts are not utilized as a base for one of these parking plans,
they will have to be removed and the area resodded and a sprinkler
system installed, all of which is estimated to cost in the neighbor-
hood of $4,000.
Another plan, providing for 17 parking spaces along N. E. 7th Avenue
between Atlantic Avenue and N. E. 1st Street was discussed, but was
considered too hazardous because of the heavy traffic and the narrow-
ness of the street; further, if these spaces were put in, they would
probably be used mainly by employees of businesses on Atlantic Avenue.
In summary: Plan %1 provides 29 additional spaces.
160-E
It is, therefore, the recommendation of the a~ministration that the
City Council give its favorable consideration to Plan %5, as herein
outlined, and further, subject to the Council's approval theruof,
to authorize the a~ministration to proceed with the development of
plans and specifications for Plan #5.
160-P
RSSOLUTION NO. 22-67.
A RESOLUTION MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECES.SARY ~XPE~DITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF
OCTOBER, 1967 TOT HE 30THDAY OF SEPTEMBER, 1968; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONSWITH
RESPECT TO THE ITEMS OF APPROPRIATION AND THEIR PAY-
MSN~; AND TOREPEALALLRESOLUTIONS WHOLLY IN CONFLICT
WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCONSISTENT
WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSIST-
ENCY; AND TO LEVYA TAX ON ALL PROPERTIES WITHIN THE
CITY OF DELRAY BEACH FORMAINTENANCE AND OPZRATION,
AND TO LEVYA TAX FOR THE PAI~dENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS AGAINST THE PROPERTY
LOCATED IN THE FORMER CITY OF DELRAY, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS T~REUNDER.
BE IT RESOLVED by the Council .of the City of Delray Beach,
Florida: That the following sums of money be, and hereby are appro-
priated upon the terms, conditions and provisions herein before and
hereinafter set forth:
ARTICLE 1.
~NEP~L ~UN? Other Capital
Estimated Expenditures: Salaries Expenses Outlay.. T~_AL
Legislative $ 6,600. $ 2,900. $ - o - $ 9,500.
Executive 31,522. 22,015. 775. 54,312.
Judicial 3,900. - o - - o -, 3,900.
Elections 360. 400. - o - 760.
Dept. of Finance 93,220. 15,129. 1,215. 109,564.
Dept. of Law 12,096. 1,625. - o - 13,721.
Advisory Boards & OffiCers - o - 33,485. - o - 33,485.
Dept. of Public Safety 498,017. 68,220. 5,940. 572,177.
Dept. of Public works 288,312. 170,784. 48,651. 507,747.
Library - o - 57,454. - o - 57,454.
Dept. of Parks &Recreation 208,390. 79,940. 7,571. 295,901.
Non-Departmental 16,433. 182,689. 970, 200,092.
Transfers - o - 11,476. - o - 11,476.
Debt service - o - 68,403. - o -.... 68r403.
TOTAL EXPENDITURES $1,15S,SS0. $?14,520. $65,122.$1,93S,492.
Revenue:
General Property Taxes $ 917,051.
Franchise and Utility Taxes 228,000.
Licenses & Permits 108,025.
Fines & Forfeitures 41,550.
Revenue from Use of Money & Property 15,150.
Revenue from Individual~ &'Other Agencies. 81,660.
Charge for Current Services 231,290.
Sale & Recovery for ~oss of Property 17,625.
Transfers from Other Funds 157,686.
Unappropriated Surplus 140¢..455.
TOTAL~VENUE $1,938,492.
160-G
Page 2. Resolution No. 22-67.
,.AaTICLE
WATER AND ~WERFUND
' Other Capital
Estimated. Expenditures= Sa!grie~
AdministratiOn $ 22,7?7. $ 8,350.. $ - o - ~ 31,127.
Source of Supply - o -' 18,200. 12,000. 30,200.
Treatment & Purificatio~ 22,583, 11,780. 1,200. 35,563.
Transmission &Distribution ?6,235. 65,200. 47,000. 188,435.
Accounting & Collection - O - 30,564. - o - 30,564.
Sewer System 37,012. 26,205. 200. 63,417.
Insurance & Taxes - o - 89,100. -*o - 89,100.
Depreciation & Contingency - o - 407,000. - o ~ 407,000.
Pension - o - 5,377. - o - 5,377~
Debt Service -.?- 1,576,581, .-.o.- lf576{581,
TOTA~EXPE~TI2)]TURE $158,607.$2,238,357. $60,400.$2,457,364.
Revenue:
Revenue from Use of Money and Property $ 90,483.
sales &Charges for Current,Services . . 715,450~
Sale &ReCovery for Loss of Property 300,
Matured U. S. Treasury Notes . . 1,248,724.
Unappropriated Surplus
TOTAL REV~NUE $2,457,364.
~TZCLE
Estimated Expenditures:
Transfer to General Fund 125,085.
Debt Service
TOTAL EXPENDITURES $174,215~
cz~ ,~.,~ T~X.
From use of Money and Property 540.
From ~ndividuals and Other Agencies 187,800.
Fund Balance
TOTAL REVENUE $174,215.
160'H
Page 3, Resolution No. 22-67.
CO~D~TXO~S R~ TO
section,4.! - Ail monies herein~efore appropriated are appropriated
upon the terms, conditions, and proviSiOns hereinbefore and herein-
after set forth.
Section 4.2 - Subject to the qualifications contained in this resolu-
tion all ~ppropriationsmade out of the General Fund are declared to
.be maximum, conditional, and proportionate appropriations, the purpose
being to make the appropriations payable in full in the amounts herein
named if necessary and then only in the event the aggregate revenues
collected and other resources available during the period commencing
the 1st day of OCtober, 1967, and terminating the 30th day of Septem-
ber,'1968, for which the aPpropriations are made, aresufficient to
pay all the appropriations in full; otherwise the said appropriations
shall be deemed to be payable in such proportion as the total sum of
realized revenue of the General Fund, is to the. total amount of re-
venues estimated by the City Co,ungil to be available in the period
commencing the let day of october, 1967' and"t%rminating the 30th day
of September, 1968.
Section 4~3 - 'All balah~es of the appropriations payable out of the
General Fund of the City Treasury unencumbered 'at'the close of busi-
ness on the 30th day of September, 1967, except as otherwise provided
for, are hereby declared~t6 b~ laPSed into the City Treasury an~ may
be used for the paymen~'~f~%~e'aPpropriatlOna which may be made in any
appropriation for the fiscal year cOmmencing thelstday of october,
1967. provided, however, nothing in this Section shall be construed
to be applicableto unencumbered balanCes remaining to the credit of.
the Water and Sewer Fund, Cigarette Tax Fund or any funds created by
the setting up of special revenue, but such balances shall be used in
financing the proposed expendituresof these funds for the fiscalyear
commencing the 1st day of October, 1967.
Section 4.4 - No department, bureau, agency, or individual receivin~
appropriations under the provisions of this resolution shallexceed
theamount of its or his appropriation except with the consent and
approval of the City Council first obtained; and if such department,
bureau, agency or individual shall exceed the amount of its or. his
appropriation without such consent and approval of the City-council,
the administrative officer or individual, in the discretion of the
City Council, may be deemed guilty of neglect of official duty and
may be subject to removal therefor.
Sec~ion 4~5 - Nothing in this resolution shall be construed as author-
izing any reduction to be made in the amounts appropriated in this res-
olution for the payment of interest, on, or retirement of, the debt of
the City of Delray Beach, Florida.
~e~ti9n 4.~- None of the monies enumerated in this resolution in con-
nection With the General Fund, Water and Sewer Fund, Cigarette TaX
Fund or any other Fund of the City shall be expended for any purpose
than those for which they are appropriated, and it shall be theduty
of the Director of Finance to see that this section is complied with
in all respects and report to the City Manager and City Council any
violations thereof.
Section 4.7 - All monies collected by any department, bureau, agency
or individual of the City Government shall be paid promptly into the
City Treasury.
160-I
Page 4, Resolution No. 22-67.
Section 4.8 - The foregoing budget be and hereby is adopted as the
official budget of the City of Delray Beach for the aforesaid period~
Provided, however, that the restrictions with respect to the expendi-
tures of the funds appropriated shall apply only to the lump Sum
amounts for classes of expenditures which have been included in this
resolution.
TAX LEVY
Section.§..1 - That there shall be and hereby is appropriated for the
General Fuhd operations of the City the revenue derived from the tax
of 10.7 mills per one ($1.00) dollar of assessed valuation, which is
hereby levied on all taxable property within the City of Delray Beach
for the fiscal year commencing October 1, 1967 and terminating Sep-
tember 30, 1968, the assessed valuation on all taxable Property for
operating purpose~'within the City of DelrayBeach being $81,570,620.
for operating and/or maintenance expenses of the. General Fund, and also
in addition, all revenues derived by said City during said fiscal year
from all other sources than the tax lev~ for current bond service, and
that part of collection of delinquent taxes levied for bond service.
Secti0~ 5.2 - That the amount of money necessary to be raised for in-
terest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness of that ~ortion of the City of Delray Beach,
which was formerly the City of Delray, iS $68,403. and that there is
hereby appropriated for the payment thereof~ all revenues derived from
the tax levy of 1.0 mill per one ($1.00) dollar of assessed valuation,
which is hereby levied for that purpose for the fiscal year commencing
October 1, 1967 and terminating September 30, 1968, upon the taxable
property in that portion of the City of Delray Beach, which was former,
ly the City of Delray, the assessed valuation being $61,695,500.
and there is hereby appropriated, if necessary, from the surplus sink-
ing fund cash sufficient monies which, together with proceeds of said
tax levy for debt, will meet the debt requirements for the aforesaid
fiscal year.
ARTICLE VI.
PASSED AND ADOPTED by the City Council of the City of Delray Beach,
Florida this 11th day of September, A.D., 1967.
/S/ Al. C. Avery
MAYOR
ATTEST:
/S/ R. D. Worthinq
City Clerk
160-J
ORDINANCE NO. 30-67.
AN ORDINANCE OP THE CITY COU~CY.L OF TH~ CiTY
OF' DBLRAY BEACH, FLORIDA, Ah'N~ZNG CERTAIN
PROPERTIES LOCATED IN SECTION 29, T(Y~NSHIP
46 SOUTH, RANGE 43 F~AST, ALL OF WHIC2~ ARE
LOCATED IN THE DELRAY BEACH RESERVE AREA.
WHEREAS, the City Council of the City of Delray
Beach, Florida, has previously been authorized to annex
properties owed by Governmental agencies for which and upon
which no taxes~are levied, with or without the consent of
the owner; and
WHEREAS, the City Council of the City of Delray
Beach deems it necessary to annex certain contiguous road
rights-of-way for the purpose of traffic control between
State aoad No J5 (U. $. Bighway No. 1) mhd the entrance to
Tropic Palms Subdivis ion;
NOW, THEREFORE, .BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS t
Section 1. The City Council of the City of Delray
Beach hereby annexes the following described propert.i~es
said City:
1. Tha~ portion of DIXIE BOULEvARD, es shown on
plat of DEL-RATON PARK Subdivision, per Plat Book 14, Page
10, lying between the South line of Section 29, Township
46 South, Range 43 East, and a westerly extension of the
South right-of-way line of Avenue L as appears on said plat
of DEL-RATON PARK Subdivision;
2. That part of D~L-RATON BOULEVARD, as shown on
Sheet No. 2 ~ Plat No, i of Tropic Palms Subdivision, per
Plat Book 25, Page 100, lying between the SoUth line of
Section 29-46~43 and the West right-of-way line of State
Road No. 5 (U. S. No. 1);
3. That portion of' AVENUE L, as appears on said
Sheet No. 2 of Plat No. 1, TROPIC. PALMS SubdiviSion,
Section 29, Township 46 SOuth, Range 43 East, 1Fing between
the West right-of-way line of State Road No. 5 (U. S. No. 1)
and the Easterly right-of-way line of Del-Raton Boulevard
as referred to in Item 2 hereinabove; also
4. That portion of Dixie Highway lying between
westerly extension of the North property line of "Lot
as appears on said Sheet No. 2 - Plat No. I of TROPIC
PALMS in Section 29-46-43, and a westerly extension of the
South propert~ line of "Lot J" as is shown on said Plat
No. 1, Sheet NO. 2, .Tropic Palms Subdivision.
160-K.
Page 2. O=dinance No. 30-67.
Section 2. The' corporate limits of this City
are hereby amended to include ~he aforedescribed properties.
PASSED AND'ADOPTED at a regular meeting of the City
Council of the City of Delray Beach, Florida, on second
reading this llth day September , 1967.
/S/ Al,,. C..Ave~r~,
MAYOR
ATTEST
/~/ R. D. Worth{n~q
City Clerk
First Reading: August 28, ,1967
Second Reading: September 11~ 1967