09-25-67 SEPTEMBER 25, 1967.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor.~A1. C. Avery in the
Chair, City Manager David M. Gatchel, Acting City Attorney Harry T.
Newett, and Councilmen J. LeRoy Croft, James H. Jurney, LeRoy W.
Merritt and George Talbot, Jr., being present.
1. An opening prayer was delivered by Dr. Frank Hamilton.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of September 11, 1967,
were unanimously approved, on motion by Mr. Jurney and seconded by
Mr. Croft.
4. Mr. Wilmer Starkey, Commander of Flotilla $4 Delray Beach U. S.
Coast Guard Auxiliary, accompanied by Flotilla Officer Wall and
Commander Hammond, presented a Certificate of Appreciation ~rom the
United States Coast Guard to the City of Delray Beach Recreation De-
partment in recognition for notable services which assisted in further-
ing the aims and functions of the Coast Guard, for use Of the Community
Center facilities by Flotilla 54 for its Auxiliary meetings and func-
tions pertaining to safe boating.
Commander Starkey explained the formation and authorization by
Congress of the Coast Guard Auxiliary~ and gave a short resume of the
duties of said AuxiliarY.
Mayor Avery asked that the City Manager accept the Certificate
of APPrec~ation, that it be hung in the Community Center, and that the
Department involved be co~nended through proper channels.
4. Mayor Avery read a Proclamation concerning s~pport of the fighting
men in V£et Nam, proclaiming October as "Link Hands Across the Sea"
month.
The Proclamation was promoted by the Jaycees and Jaycee-ettes,
and those organizations were represented by Mr. & Mrs. Tim Woods,
Mr. & MrS. Jim Grady and Mr. Robert Richwagon.
Mrs, Grady, State Vice-President of the Jaycee-ettes, and
Chairman with her husband in this project, explained the project had
started following a letter from Phillip ~rince, stationed ~n vier
Nam, who asked the citizens of his home town to aid the Marines in
help~mg the Vietnamese people. She explained .that they need many
small items, and receptacles for collection of theee items will be
placed in various stores i~ Delray Beach.
4. Mayor Avery proclaimed Mr. Gary Gooder, Sun Sen~inal News re~orte~
as "Father of the Week" and announced that Mr. & Mrs. Gooder are the
parents of a daughter born Septe~nber 23rd.
4. City Clerk Worthing read the following letter from Mr. Roy C.
Diggans, Assistanl~ Post Master, dated September
~On August 29, 1967 my daughter was involved in an
automobile accident at the corner of N. W. 4th Avenue
and Grove Way. Minutes after the accident the Fire
Department's En~ergency First Aid truck arrived on the
scene and with an exceedingly high degree of efficiency
assembled my daughter and one of her friends involved
in the accident and took them to Bethesda Memorial
Hospital.
Although belated, my wife and I wish to thank you
and commend you for the outstanding service you give .
to the community."
Mayor Avery asked that the City Manager convey Council's thanks -1- 9-2.~-67
to Fire Chief Joe Ouinn, and the Fire Department, and that a copy of
said letter be posted on the department bulletin board.
4. City Clerk Worthing read the following letter from the Delray
Beach Library dated September 21st=
"Our Delray Beach Public Library Association has
now cOmpleted plans and financing arrangements for
.the construction of the much-needed addition to your
Public Library. We have made every attempt to plan
this addition in as economical and practical $ manner
as possible. We would very much appreciate the
waiving of Building Permit and _inspection fees~ tO be
city; -
We feel that ~ou will agree that the money thus
saved could be well-used for worthwhile additional
facilities in this project. Please advise us if you
need further information or correspondence on this
matter.
Thank you for your usual excellent cooperation in
this regard."
Mr. Jurney moved that said building permit and inspection fees
be waived, the motion being seconded by Mr. Talbot and unanimously
cart ied.
5. Mr. Jurney referred to the Dean Martin T. V. program of last week,
and that Fred McGee of Delray Beach, Florida had been mentioned numer-
ous t~mes during a song on the program. Further, that since Delray
Beach had received nation-wide publicity, suggested that the City
Manager be directed to write a letter to Dean Martin thanking him for
the gratis publicity the City received, and the possibility of offer-
ing him the key to the City or being Admiral of the Navy if the pub-
licity is-continued. There was no objection and the City Manager was
so directed.
6.a. Concerning a survey of parcels of land in violation of the City's
nuisance laws presented by the City Manager, Mr. croft moved that the
City Clerk be authorized to proceed with the enfopcement of Chapter 1~
of the Code of Ordinances. The motion was se~onde~ by Mr. Merritt
and carried unanimously. (Copy of nuisance list is attached to the official
copy of these minutes.) See page 172-B.
6.b. Concerning a request by the U. S. Army Corps of Engineers for a
pipeline easement, City Manager Gatchel reported to Council as follows:
"The Department of the Army, through its Jacksonvil~e District
Office of the Corps of Engineers, reguests a permanent pipeline ease-
sent over Cssuarina Road and to the beach for spoil disposal use, in
lieu of utilizing the Yacht Basin at Casuarina Road for such disposal .
use, within which basin the U. S. Army holds Spoil Easements MSAs 64-A
and 648-D, as a result of the River and Harbor Act Of Congress, ap.-
proved March 2, 1945.
This pipeline easement and spoil disposal area is only for use,
if and when needed, for disposal of materials resulting from the
dredging of the Intracoaatal Waterway.
Dedication to the City of Delray Beach and the public, and
restricted to public use, of approximately 8 acres of this yacht basin
is contingent upon the U. S. Army being furnished this pipeline ease-
ment.
Authorization for execution by the proper officials of a Pipe-
line and Beach' Disposal Easement over Casuarina Road, in~ favor of
the United States of America, through its U.' S. Army Engineers' Dis-
trict, Jacksonville, and subject to Councll approval thereof, is re-
gl/ested."
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163
Mr. Talbot said that in view of the area the City is obtaining,
and discussion of the effects of the pipeline if and when it is
necessary to be installed, moved that the authorization be granted
for execution of the permanent pipeline easement over Casuarina Road
and to the beach for disposal use in favor of the United States of
America for its U. S. Army Corps of Engineers' District, Jacksonville,
The motion was seconded by Mr. Croft.
Mr. Jurney referred to a public hearing held today by the
Planning/Zoning Board concerning Lot X, Block 14, 'Seagate Section "A",
and moved that the request from the U. S. Army Corps of Engineers be
tabled unti! Council receives the Planning/Zoning BOard's recommenda-
tion regarding the proposed apartment building on that property. The
· motion died for the lack of a second.'
· During discussion, Mr. Merritt said it is his understanding that
the approval of this permanent easement would give the City clear
title to eight acres of yacht basin that would be a public yacht
basin from now on. C.ity.Clerk Worthing explained that would .pave the
way for obtaining a deed to the yacht basin which is available to the
City upon execution of the pipeline easement.
Mr. Merritt then questioned as follows= "Regardless of what is
built there, as long as it complies with the Zoning Code, we have no
control over it. If it goes above or beyond the Zoning Code, I'm
talking about site plan approval, it must come to Council for ap-
proval9'' City Clerk Worthing. answered as follows= "That is true,
Sir, and it can go 10, 15 or 20 stories high s° long as it otherwise
complies with the regulations of the City, and site plan approval does
come back to Council for final .ac~.egtance."
Upon call of roll on the motion made by Mr. Talbot that author-
ization be granted for execution of the permanent pipeline easement
over Casuarina Road and to the beach for disposal us®, Mr. Croft, Mr.
Merritt, Mr. Talbot and Mayor Avery voted in favor of the motion and
Mr. Jurney was opposed. PERMANENT PIPELINE EASEMENT ATTACHED TO OFFICIAL
COPY OF THESE MINUTES. (S'ee pages 172-c-f.)
6.c. City Manager Gatchel informed Council that bids were solicited
for two truck chassis and two packer bodiea on specificatio~ns furnished
by the City, and tabulation of the bids received are as follows:
CH~SS~S
General (GMC) Gen'l Truck Sales
Truck Sales West Palm Beach
Bid %1 $7,728.00 $15,456.00
Bid %2 6,717.00 13,434.00
! Mack South Fla. Mack
Trucks, Miami 6,987.00 13,974.00
International Rich Motors
West Palm Beach 5,982.00 11,9~,00
GMC Hunt Truck Sales
Miami 5,825.00 11,650.00
Chevrolet Adams Chevrolet Co.
Delray Beach 5,786.40 11,572.80
.P..ACKER. BODIES
Leach H.P. M~son Company $5,040.00 $10,080.~
Road Master Turner Truck Equi~ment
j~ Mi Sl~i 4,800.00 9,600.00
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LOAD PACKER Gar-Wood
Wayne, Michigan $4,725.00 $9,450.00
pAK-MOR Turner Truck Equipment
Miami 4,585.00 9,170.00
The City Manager said tha~ all of the above listed bids complied
with the City's specifications, and as a result of careful review and
analysis of said bids, the Director of Public Works and City Engineer
concur with him in recommending that for the Truck Chassis, the low
bid in the amount of $11,572.80 be aucepted, and for the Packer Bodies,
the low bid ~ the amount of $9,170.00 be accepted. Further, if
Council provides for the award of the low bids, it should transfer
from the Contingency Fund of this year the smount of $10,372.00 to
provide for'the purchase of one packer complete, chassis and body. He
informed Council that the other complete packer is provided in the
1967-68 budget.
Mr. Merritt moved that the iow bid of Adams Chevrolet Company
for the two truck chassis, also the low bid of Turner Truck Equila~ent
for two PAK-MOR bodies, be accepted and the necessary money from this
year's Contingency Fund be transferred to pay for one complete unit.
The motion was seconded by Mr. Jurney and carried unanimously.
6.d. Concerning 'authorization for transfer of funds, City Manager
Gatchel informed Council that in January, 1967, when the Public Works
Administration account was established with the employment of the new
Public Works Director, it was determined'to wait until'the end of the
fiscal year to provide sufficient funds for its operation, and that it
is now determined that $9,487.00 will be 'required for that purpose and
Council authorization for transfer of such amount from General Fund
Contingency Account to' the Public Works Administration account is
requested.
Mr. Croft moved that the proper transfer of money be made, the
motion being seconded by'Mr. Talbot and unanfmously carried.
6.e. Concerning insurance bids received, City Manager Gatchel reported
to Council as follows:
"FQllowing is a tabulation of bids received for providing
$10,000 Accidental Death Benefit Insurance for Police and Firemen,
effective October 1, 1967:
DELRAY BEACH INS. AGENCY (Travelers Ins. Co. $1,859.00
(Continental Cas. CO. 1,716.00
GRACEY BROTHERS 1,662.00
ROBERT C. ROY AGENCY (Aetna Cas. & Surety 1,413.00
WEEKE~'~EALTY CO., INC. (Reliance Ins. CO. 986.50
NATIONWIDE MUTUAL INS. CO. 1,430.00
It is recommended that the Accidental Death Benefit Insurance
coverage, for the year beginning October 1, 1967, ~e awarded to the
1OW bidder, namely Reliance Insurance Company, represented by .Weekes
Realty Come, any of Delray Beach."
Following a question by Mr. Talbot, .the City Manager said these
b~ds were advertised and a copy of the L~islative Act was sent out
as bid specifications.
Mr. Talbot moved that the ~nsurance bid be.given to 'Weekes..aealty
Co., Inc., with the Reliance Insurance Company as the insurer, in the
amount of $986.50. The motion was seconded by Mr. Jurney and carried
unanimously.
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165
6.f. Concerning a special telephone audit and listing of long distance
calls, City Manager Gatchel re~orted as follows..
"The C.P.A. firm of Himes & Himes, in compliance with Council
directive, has completed its examination and audit of telephone
service calls as charged to the City Hall telephone account, for the
period commencing January 1, 1965, through May 1, 1967.
A copy of Himes & Himes' work sheets will be on file in the
City Hall and will be made available to interested parties by the
City Manager. In making available for City Hall reproduction of the
auditors' work sheets, Himes & Himes has also submitted a listing of
such long distance calls as were able to be traced, as shown by re~ort
to Councilmen.
The audit now having been comp!eted and t~e aUdit6rs' report
thereon submitted in the manner and form requested by Council, author-
ization is requested for transfer of $1,105.00 from the General Fund
Contingency account to 910-152-410, to cover the total cost for
services rendered by Himes & Himea, previously ordered by Council."
Mayor Avery relinquished the gavel ~o Vice-Mayor Jurney and moved
that the money to pay said bill be transferred as recommended, the
motion being seconded by Mr. Talbot.
Mr. Merritt referred to a letter from Himes & Himes, dated
September 21, 1967, regarding said audit, and containing three recom-
mendations for Council consideration. He suggested that the City
Manager be instructed to institute these three recommendations from
Himes & Himes, to correct the situation and see that it doesn't happen
again. Mayor Avery and Mr. Talbot accepted that addition to their
motion and second, and upon call o.f roll the motion carried unanimously.
(Copy of September 21, letter from Himes & Himes is attached to the
official copy of these minutes.') S_ee/~ge 172C.
6.g. Concerning acquistion of land for right-of-way purposes, and
reinstatement of Davis Road, City Manager Gatchel reported as follows..
"Lengthy negotiations with. the owner of .Lots 22 through 25 in
Breezy Ridge Estates, with approximately 385 feet of frontage on West
Atlantic Avenue and depth of 66 feet, extending from S. W. 24th Avenue
easterly to the E-4 Canal, have finally been concluded in an offer by
said owner to the City, making possible the acquisition of said land
for right-of-way for the sum of $6,500.
Commitment has been received from the Palm Be~ch County Commi&-
sion to the effect that the County will, per following excerpt .from
the minutes of the County Commission's regular meeting held on
February 14, 1967:
'ParticiPate in the construction costs of an
access road across th~ residual portions of
Lots 22, 23, 24 and 25, Breezy Ridge Estates,
without future County maintenance responsi-
bilities provided that a continuous right-of-
way exists north of the proposed access road
to connect with Lake Ida Road.'
The City administration has obtained dedication of a 40-foot
right-of-way from Breezy Ridge Estates northward to Sudan S/D a
distance of approximately 1400 feet, at no cost to the City. These
dedications are, however, subject to said Davis Road being opened and
~mproved by the City within 180 days or said deeds of de~ication shall
be null and void and the lands, dedicated for right-of-way purposes,
mhall revert to the respective owners of the lands, or their successors,
which provided the dedications.
Council is reminded of the potential development of Sudan Sub-
division, R-1AA property, by its owner, 'Judge John B, Ambrose, having
been definitely and seriously retarded .b~ the closing of Old Davis
Road, as a reault of the State Road Department's improvement of West
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Atlantic Avenue from Swinton Avenue to the Turnpike, at which time the
State Road Department. sealed off egress and ingress to Atlantic Avenue
from Old Davis Road by its construction of the new bridge.
It is, therefore, recommended that council approve acquistion
of the residual portions of Lots 22, 23, 24 and 25 of Breezy Ridge
Estates, for the purpose of providing public right-of-way, for the sum
of $6,500., subject to prOration of the 1966 taxes thereon and the
City being furnished title insurance, with authorization for transfer
of said sum from Oeneral Fund Contingency account to 910-321-601 to
~over cost of acquisition.
There is one additional subject here that X would like to recom-
mend, and that is, that it be subject to the ability of the City and
the County to provide this tie-in, the easterly edge of these lots,
with the existing Davis Road, subject to the land actually being there
without coming too cl°se to that ca~al. N° engineering.has been done
on this as yet. We needed to find Council's desire and its intent in
providing this tie-in with Davis Road. I would like this to be subject
to our engineering ability to perform what we intend to do. This can
be checked out very rapidly and it would not impede, the progress here
at all, but this is necessary tO come from this year's Cour= il Contin-
gency."
Mr. Talbot moved to approve the acquisition of the residual
portions of Lots 22, 23, 24 and 25, Breezy Ridge Estates, for the
purpose of providing public right-of-way, ~or the sum of $6,500..
subject to the ~roration of the 1966 taxes and the City being furnished
~e insurance, along with the recommendation of the City Manager
~cerning engineering, and authorization' for' transfer of said sum
~m General Fund Contingency account to 910-321-601 to cover cost of
acquistion. The motion was seconded by Mr. Croft.
Mr. Merritt asked if it is within the jurisdiction of the City
to limit this road to there being no thru-truck traffic.
City Manager Gatchel said it is provided under the State Law now
that a C~ty can limit such traffic through its Traffic Engineering and
Chief of Police, and they can take the appropriate action that they
deem advisable.
Mr. Merritt said if this road iS built he would suggest that it
be limited to no thru-truck traffic. Mr. Talbot and Mr. Croft accepted
that addition to their motion and second, and upon call of roll the
motion carried unanimously.
Mr. Robert Estes of Breezy Ridge Estates said if this road is
constructed the residents of that area would appreciate some speed
signs and enforcement of same~ further, the cooperation of the Council
and City Manager is appreciated by the residents of that subdivision.
Mayor Avery asked that the City Manager take this request under
advisement.
7.a. City Clerk Worthing informed council that the following terms
of membership on the Contractor's Board of Examiners will expire on
October 9, 1967, and that Board, as of September 20, 1967, recommends
to Council that the same members, both regular and alternate, be
appointed to eai~ Board of Examiners for a period of three years, com-
mencing October 9, 1967.
REGULAR .MEMBERS ALTERNATE MEMBERS
Charles Toth Architect Richard T. Hanna
Jack Spinner Lawyer Charles Byron
Mr. Croft moved to sustain the recommendation of the Contractor
Board of Examiners and said members be reappointed for a three-year
term, the motion being seconded by Mr. Jurney and unanimously carried~
71b. City Clerk Worthing informed council that the terms of member-
s~ip o~ Andrew Gent and L. Stuart La'nkton on the Planning and Zoning
I{~rd will expire on September 28, 1967, and that said Board, through
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167
its Chairman, Mr. Kenneth Jacobson, recommends to Council the re-
appointment of ~ndr~W'M. Ge~t~ .~ur.~her in view of Mr.-Lankton having
submitted his resignation from the Board effective at the end of this
term of appointment, the Board recon~aends to council the appointment
of Col, Theodore L. ~oole, Jr., 1011 Brooks Lane, as replacement for
Mr. Lankton, for a five-year term commencing September 28, 1967.
Mr. Merritt moved that this item be tabled for discussion at a
workshop meeting to be held next Monday night, the, motion .being second,
ed by Mayor Avery and unanimously carried.
Mr. J. Watson Dunbar of the...Beach Property Ovmer's Association
· eaid that it is his understanding there are more matters that come
before the Planning and Zoning Board concerning .property on the east
side of the Intracoastal Waterway than concerning ~roperty west of the
Intracoastal Waterway, and during his five years of residency in the
City, there has been no representation on said Board from the east side
Of the Intracoastal. He informed Council that their organization had
recommended two individuals to be considered for appointment to the
Planning and Zoning Board at a time when vacancies occurred on .that
· Board, and asked that their recommendations for appointment stall be
cons idered.
With Council consent, Mayor Avery asked that the City Manager
check into this matter and see that consideration is given in investi-
gating the qualifications of the individuals recommended by the Beach
Property Oyster's Association and report .same at the workshop meeting.
7.c. City Clerk Worthing informed Council that Mr. Henry. Bean of
42 S.-W. 13th Avenue, Delray Beach, requests a gratis license permitting
him to do lawn maintenance work and that Dr. Charles A.. Robinson, Delray
Beach, advises that, due to a tumor, Mr. Bean did.lose a limb. The
City Clerk said it is, therefore, recommended that Mr. Bean's request
be granted, as provided in Section 16-4 of the City's Code of Ordinance~
The request was unanimously granted, on motion by Mr. Croft and
seconded by Mr. Merritt.
7.d. Concerning transfer of a beer license, City Clerk Worthing in-
formed Council that due to transfer in managership of W.J.C. Marine,
Inc., at S. E. 10th Street and 6th Avenue, from the previous licensee,
Mr. Walter Lanell Williams, to Mr. Charles T. Bragg, an application
for transfer of the beer operating license has been received, and the
applicant, Mr. Bragg, has been investigated in the .usual manner and by
the proper agencies and approved by them, therefore, it is recommended
that the petition be granted.
Mr. Croft moved that the proper transfer be made, the motion
being seconded by Mr. Jurney and unanimously carried.
?.e. City Clerk Worthing informed Council of a request from Mr. D.
Mead Johnson, owner of the South 100 feet of the North 1395 feet of
Government Lot 1, lying east of Ocean Boulevard, Section 21-46-43, for
reclassification of said land. from R-iAAA to R-1AA, and that Council
may deny this petition or refer same to the Planning and Zoning Board
for a public hearing to be held thereon.
Said request was unanimously referred to' the Planning end Zoning
Board, on motion by Mr. Merritt and seconded by Mr. Croft.
7.f. The City Clerk informed Council that Mr. James B. Wilson, 250
South Ocean Boulevard, has requested reclassification of a tract of
land in Asbury Park Heights, fronting on Ocean Boulevard for an
proximate distance of 100 feet with a depth of 325 feet along the north
side of Bay Street, from R-1AA (Single Family Dwelling District) to
R-3 (M~ltiple Family Dwelling District), and that Council may deny
this petition or refer same to the Planning and Zoning Board for its
review and public hearing to be held thereon.
Said request was unanimously referred to the Planning and Zoning
Board, on motion by Mr. Merrett and seconded by Mr. Jurney.
7.g. The Council. was informed that Dr. W. Leslie Kirby, 302 Medical
-7- 9-25-67
A=~ ~l]~i~z~, 1177 N. E. 8th Street, born on June 14, 1901, has
plied for a gratis license, and in compliance with State a~d local
laws, anyone 65 years of age or older is 'entitled ~o exe~ption from
Occupational License fees to the extent of $50.00; further, it is
recommended that as provided in Section 16-4 of the Code of Ordinances,,
Dr. Kirby's petition be g=anted.
Mr. Talbot moved that Dr. Kirby's petition be granted, the
motion being seconded by Mr. Merritt and unanimously carried.
7.h. The City Clerk informed Council that Mr. Jesse Daniels, having
purchased the business known as Ted's Teddy Bear, located at 524 West
Atlantic Avenue, engaged in dispensing Beer and Wine, consumption on
the Premises, has applied for transfer of License No. 736, previously
issued to Theodore Jones, the prior owner of said business~ further,
the applicant, Mr. Daniels, has been investigated by the proper
agencies and approved by them, and it' is recommended that this request
be granted, all other regulations in connection .therewith having been
met.
Mr. Croft moved that said transfer be made, the motion being
seconded by Mr. Talbot and unanimously carried.
8.a. The City Clerk presented RESOLUTION NO. 24-67.
A RESOLUTION .OF 'THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING AREA 12-PORTION
OF SANITARY SEWER PROJECT NO. 5964-8b "AREA 12
AND EXTENSIONS" AS OPERATIONAL AND SETTING THE
EFFECTIVE DATE FOR THE INITIAL SCHEDULE OF RATES,
FEES AND OTHER C~LARGES TO BE IMPOSED FOR THE SERV-
ICES AND FACILLTIES FURNISHED BY:SAID AREA NO.' 12
OF THE SEWER SY~TF~.
(Copy of Resolution No. 24-67 is attached to the official copy
of these minutes.) See page 172-A.
Resolution No. 24-67 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Merritt and seconded by Mr.
Croft.
9.a. The City Clerk reported that as a result of Council's referral
to tl~e Planning and Zoning Board of a request from Bertram ~ashaw to
construct a building at 128 S. W. 6th Avenue, for use as a Day Care
Center, the Board held a public hearing thereon and their report is
as follows:
"On September 19th, the Planning & Zoning Board
a public hearing on a request for Conditional Use
for construction of a building and use therof, for
the.purpose of conducting a Day Care Center on the
following described property=
The North 50 ft. of the South 285 ft. of
the East 135 ft. of Block 14, located at 128
S. W. 6th Avenue.
The Board voted unanimously to recommend to City Council
that the request be granted."
Mr. Merritt moved that the recommendation of the Planning and
Zoning Board be sustained, the motion being seconded by Mr. Talbot
and unanimously carried.
9.b. City Manager Gatchel informed Council that in compliance with
directive to him at the last regular Council meeting, detailed esti-
mated c~sts have been determined relative to providing parking areas,
rest rooms and a storage building in the City Park. Those costs and
his recommendations are as follows=
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169
" PA~KING AREAS
~Y CONTRACT BY CITY FORCES
1. Area 1 - Filled, leveled & paved $1,470.00 $ 942.00
2. " 2 - Grade, 6" l~merock base
and pave 4,996.00 1,286.00
3. " 3 - Pave only (level where
needed) 1,094.00 978.00
4. Misc.~items - Raze old building,
move fence, remove old poles &
wiring, and install concrete
sidewalk 1~016~00 413.00
TOTAL $8,576.00 $3,619.00
I~EST ROOMS & STORAGE BUILDING.
20' x 20' x 10' CBS Building BY CONTRACT
Women's& Men's Rest Rooms
Also storage space 10' x 20' $5,420.00
Landscaping - Muck Sod a Plants BY C~TYFOR~BS $100.00
Sprinklers extended to cover area
around the ~4ft station as well
as the area between the parking
facilities and Atlantic Avenue ...... $410,00
It is recommended that the following improve~ents be authorized=
REST ROOMS & STORAGE ROOM (By Contract) $5,420
~GARBAS (City Forces) 3,619
LANDSCAPING " " 100
SPRINKLER INSTALLATIONS ~ " 410
$9,549
Subject to council approval thereof, authorization is requested for
transfer of $10,000 from the General Fund ContingenCy account to pro-
vide for these urgently needed ~mprovements."
The City Manager displayed a sketch of the proposed improvements
and explained same in detail.
Mr. Merritt moved for approval of the recommendation of the C~ty
Manager and that $10,000 be transferred from the General F~nd Contin-
gency Account to provide for said improvements. The motion was second~
ed by Mr. Croft and carried unanimously.
10.a. City Manager Gatchel read a letter from Mr. Wylie C. sampson,
dated September 25, 1967, in which Mr. Sampson took exception to a sign
concerning registration for pistol shooting instructions not being per-
mitted to be displayed at the City Hall at the time the Police Depart-
ment conducted its first SELF-PROTECTiON CLASS FOR WOMEN, on September
21st.
The City Manager re~orted that the first Police conducted class
was well received, and suggested that time for such registration as Mr.
Sampson and his group intend could be provided near the end of the Police
Department's planned six weeks course. Further, that he feels the
Police Depar~mnt should have the full amount of time they have planned
in conducting these classes, and if it is Council desire to plan a time
for such registration as desired by Mr. Sampson and his group for pistol
shooting instructions, it will be provided at the s~xth-class.
Mrs. Dorothea G. Montgomery said that ~he is very much in accord
with what the Police Department is doing in conducting these Self-Pro-
tection Classes for Women, and commended that department for the wonder-
ful job they have done during the past year. Following comments by
Councilmen and Police Chief Croft, Mr. Merritt moved that the City Man-
ager, through the Chief of Police, be instructed to conduct these meet-
ings in a manner that gets the job done efficiently and to the best of
his ability in what he thinks is in the best interests of the people.
The motion was seconded by Mr. ~albot and carried unanimously.
10.a. Mr. Ward Robinson, a resident of Delray Beach for several years,
sa~d he had attended numerous Council meetings, had talked with
:CounciLmen and members of the Cit~ administration many times about
the subject' of City Planning, and feels ~he biggest contribution this
Council or the next Counc£1 Could possibly make to. this City is to
get a re&l professional study on City Planning for alI of the City of
Delray Beach and the area to the west that may someday be within the
city.
10.a. Mr. James Caseel of the Shuffleboard Club expressed his thanks
to the Council and City Administration for their action in providing
parking in the City Park.
10.a. Mr. Nathan Sharp referred to discussion at the last Council
meeting concerning a proposed $600,000 Capital Improvement Bond issue,
and suggested that the Council consider a $300,000 ]~nd issue to be
used for the Police Complex and the Southwest Area Drainage P. roject,
and that the money received from the sale of the 400 feet of City
beach property be used for improvement of the present beach where it
is needed and wanted.
lO.x. City Manager Gatchel informed Council that ~awson & Company,
~being the contractor on the Sewage Works Project for Area 12 and
Extensions, have requested a reduction, in their retainage from 10
per cent to 5 per cent, and that earlier this evening Council accepted
Area 12, being, the. major port'ion of the contract which is approximately
83 per cent completed. Further, concurred in by the City's Consult-
ing Engineers, as well as the City Engineer', Mr. Fleming, it is recom-
mended that the request be granted. It Was so moved by Mr. Talbot0
seconded by Mr. Jurney and unanimously carried.
10.x. City Manager Gatchel presented the following tabulation of bids
concerning proposed improvement at the Community Center:
"For 'furnishing all labor, and materials for installing
acoustical treatment in the gymnasium at the Community Center
in accordance with plans and specifications as provided by
the City's Consulting Engineer - John A. Ford.
ANNING-~O~N C0~9~NI~. $5,340.00
NORRELL, INC. $5,797.00
Six solicitations for a bid on the above Improvement were
forwarded to qualified acoustical contracting firms. Only one
other bid was received, that being from Rowell-vanAtta Acoustics,
Inc., in. the amount of $4,325.00 which did not meet the specifi-
cations and plans as furnished by the City.
The above information iS the result of bid opening in City
Hall at 10:00 A;M., this day (Monday) and desirous of affecting
an early contract for this urgently needed improvement, it is
· recommended that the low. bid, in the amount of $5,340.00, approved
by the City's Consulting Engineer as qualifying with the plans
and specifications, be accepted and authorization given for trans-
fer of this amount from the General Fund Contingency account."
The City Manager reported to Council as follows: "I talked with
Rowell-VanAtta Acoustics, Inc., in Miami, the firm that bid the
$4,325.00 that did not meet with the plans and specifications, and I
believe Mr. Jurney has a sample of this material from Miami for
Council consideration. I would like to say, before Mr. Jurney shows
this to you, that this bid was considered by Mr. Ford today in my
office, with this material being an alternate material that did not
meet with the plans and specifications, and Mr. Ford gave us his .,'
reasons, the fact that this mater, ia1 is a sponge glass, is subject
to breaking, will not give if hit by a basket ball, will not pop back
into shape, and he did not specify such material because of that fact,
171 '
and felt that a more shock absorbent material would be better on our
walls in the 95amnasium."
Mr. Jurney displayed a sankole of the material just referred to
by the City Manager, andsaid heis in favor of saving approximately
a thousand dollars for the City if the product will do a job equally
as well, or better, than what is specified, and wondered if Mr. Ford
had knowledge of this material and the guarantees that would be offer-
ed in the installation of same.
Following .discussion, Mr. Merritt moved to approve the recom-
mendations of the City Manager and that the money be transferred from
this year's Contingency Fund to pay for the acoustical work in the
Community Center. The motion was seconded byMr. Croft and carried
unanimously.
lO.x. City Manager Gatchel asked Council approval for his attendance
of the International City'Manager's Association meeting to be held in
New Orleans on October 8th thru 12th, and said that in attending said
meeting, he would be absent from the regular Council meeting of October
9th.
Approval for the City Manager to attend said meeting was unani-'
mously granted, on motion by Mr. Merr.itt and seconded by Mr. Talbot.
10.b. City Clerk Worthing presented a bill in the amount of $250.00
from City AttOrney~Adams for services rendered in connection with
Mrs. Hotchkiss Neal's case against the City also the following Bills
for Approval~
General Fund $187,211.83
"Water. ReVenue Fund 62,340.17
Water Operating & Maintenance Fund 4,090.38
Special Assessment Fund 83.00
Refundable Deposits Fund 2,319,06
CemeteryPerpetual Care Fund 8,900.00
Sewer Revenue Fund 20,000.00
Sewer Construction Trust Fund 1,630.29 z
The bills were unanimously ordered paid, on motion byMr. Talbot
and seconded byMr. Merritt.
lO.x. Mayor Avery announced that City Atto~ney John Ross Adams is
out of town on vacation and introduced Attorney Harry Newett, a former
City Attorney, who served in that capacity this evening.
The meeting adjourned at 9=40P.M.
.,~ R ~ D t. WOR~HINO City Clerk
AP PROVED:
- -11- 9-25-67
172-A
RESOLUTION NO. 24-67.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACC~TXNG AREA 12-PORTION
AND E~NSIONs" AS OPERATIONAL AND SETTING: TH~
EFFECtiVE DA~E FOR' T SE IN~TLAL SCHNDUL~ OF RATES,
FEES AND O~R CHAPJ~ES TO BE IMPOSED FOR T~E SERV-
ICeS AND. FACILIT~S ~TRNISHED BY SAID AREA NO.
OF T~ SE~ S~.
~S, ~e City entered into a contract for engineering services
with Russell a ~on, Consulti~ Bng~eers, on the 30~ day of Septem-
~r, 1959, and
~S, pursuant to said contract, Russell & ~on desired an ocean
outfall se~r system toge~er wi~ lift stations and other sanitary
se~r ~provements, hereinafter referred to as Project No. 5964-~,and
~S, RuSsell a ~on was hired to perform consult~ and resident
inspection services for Area No. 12 and Extensions of Se~ge
Project ~. 5964-8b, and
~S, it is deemed to be in ~e best interest of the 'affected
properties ~at ~e Initial schedule of rates, 'f~s and other charges
to be imposed for 2he services and facilities fu~ish~ by ~e sewer
system, as set for~ and contained in Resolution No. 1359 and Ordi-
nance No. G-553, are to he.me effective the first day of Nov~r,
1967, and
~S, Russell & ~on has recently certified, as operation1,
Ares No. 12-Portion of ~ge ~rks Project No. 5964-8b, Are~ 1~ and
Extensions, described as follow:
Se~r ~in 12, N. W. 8th Ave. bet. 3rd a 4~ Streets;
Se~r ~in 12, N, W. 4th St. " 4th & 8th Avenues;
~teral 12-A, N. W. 4~ Ave. " 2nd & 4~ Streets,
N. W. 2nd St. " 3rd & 4th Avenues;
" 12-B, N. W..6~ A~. " 2nd a 3~d Streets,
N. W. 3rd St. " 5~ a 6~ Avenues, and
N. W. 5th Ave. " 3rd a 4th Streets;
" 12-B-1, N. W. 5~ Ave. "' 'tnd a 3rd Streets;
" ~2-C, N~ W. 6~ Ave. " 3rd & 4~ Streets;
" 12-E, N. W. 7~ Ave. "' 3rd & 4~ Streets=
" 12-A-1, N..W. 4~ St. " 4~ & Sw~ton Avenues, and
"12-A-i-A, N. W, 3rd Ave. " 3rd & 4~ Streets.
~W, ~FO~, BE IT ~S~D BY T~ CITY CO~CIL OF T~ CITY OF
DE~Y B~, F~R~A, AS ~WS:
1. ~at Area 12-portion wi~in the Sanita~' ~r.~ Sys~m heretofore
desi~ated Project No. 5964-8b, ~ea 12 and ~xtensions, .as identified
hereinabove, is hereby accepted by the City as ~ing operational, and
the ~itial schedule of rates, fees and other charges 9=eviously estab-
lished, and applicable ~ereto,~ shall become.effective Nove~er 1, 1967.
2. That nothing herein contained shall be cons~u~ as ~ischarging
the contractors from the strict perforMnce of ~eir
tractural duties. ~at each of the contractors, and ~eir bonding
companies, remain res~nsible in all respects ~til release4 in ace
cor~nce with ~eir agreements with the City.
PASSED ~ ~RD this 25th day of Septe~er, 1967.
/~/_A1.., q., %ve~Y
ATTEST: M A Y O R
/...q / R. D. Worthin~. ' '~,' '
172-B
~ S~CTXONS. 15-3 and 15-4 OF ~ CZ~ CODE.
H~{l~n Hagar ~ 450 East Atl~t~c Vac~C par~ of ~ 15-3
Avenue, Delray ' 3, Bl~k 4, .' . , &
Beach, Florida Totterdale Addition. 15-4
33444 (417 Lake DriVe)
Fa~rf~ of ' Holl~o~ Sank & ~t 1, less West 15-3
~11~od Trust Co., 5 feet, Block 115.
Dev~O~ent, ~11~d, Florida (N. E. 2nd St. & 15-4
Inc. 33022 6~ Ave. )
3.
J, W. & Adele Rt, 1, Box 56~H Lot 30 & East 35 feet 15-3
Richar~on Xr~io, California of -Lot 31, Delray
92201 Beach Espl~ade. 15-4
(1126 Vista Del Mar Dr.)
4.
Ethel J. 127 S. W. 5th Argue Vacant part of L0~ 8, 15-3
Mackey Delray Beach, Block 23.
~ Florida, 33444 (230 S. W. 5~ Ave.) 15-4
5.
Delaire Cor~. 40 S. E. 1st Argue Vac~t p~t of Lots 15-3
C/o H.D. ~Boca Raton, 2, 3, 4, 5, & Sou~
Cr~ley~ Florida, 33432 23.47 feet of Lot 6, 15-4
Cl~ke Rungs Add.
(1001-1009 N. E. 8~h Ave.)
6.
Philip L. · P. Oi ~x~Y2805 vacant part of South 15-4
Laura1 P. UniVersi~y:~Station 44 feet of Lo~ 3 &
B~alt -~' Gainesville, Florida North 11.5 feet of ~t 15-3
~601 4, Block ~4.
(235 N;~ E. ls~ ave.)
~5-4 ~ ~i~h we~s an4 hea~ growth
2. I5-3 ' ~arden
=15-4 -He~ undergrowth ~ Nor~ side of lot
3, .15-3' ~arden trash
15-4 .~ Hea~ undergrowth ~d h~gh
4. 15-3 - Garden and building trash
~I~.4 -High weeds
5; ~IS~ ~ ~a~den and ~ildlnq trash
I5~4 --~qh weeds
6. ~-B ~ ~arden ~ash
1~-4 - High ~eds
Sub~itted to the City Council by the City Manager
this 25th day of September, 1967.
17 2-C~%:
~. H~mu...,.ZS, c... A. HIMES & HIMES ^.~.,c^. ,N$?,?UT. o.
SEPTEMBER 21, 196'7
THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA 33444
GENTLEMEN:
PURSUANT TO YOUR REQUEST WE HAVE MADE AN EXAMINATION OF LONG DISTANCE TELEPHONE
CALLS MADE FROM~ OR CHARGED TO THE CITY HALL TELEPHONE FROM JANUARY 1~ 1965 THROUGH
MAy 1, 1967.
OUR WORK SHEETS COVERING THIS PERIOD ARE BEING MADE AVAILABLE TODAY FOR A PHOTO
COPY OF EACH SHEET TO BE MADE BY AN EMPLOYEE OF THE CITY. WE ENCLOSE A LISTING OF
SUCH LONG DISTANCE GALLS AS WE coULD ASCERTAIN THAT WERE MADE TO UNLISTED NUMBERS.
WE ALSO ENCLOSE A SHEET LISTING SUCH LONG DISTANCE CALLS AS WE COULD ASCERTAIN THAT
WERE MADE TO NEWSPAPERS, RADIO STATIONS, AND TELEVISION STATIONS. THESE HAVE ALL
BEEN REQUESTED BY THE CITY COUNCIL.
LONG DISTANCE CALLS NOT LOGGED ON THE CiTY RECORDS COMPRISED 62.72~ OF THE TOTAL.
LONG DISTANCE CALLS MAOE TO UNLISTED NUMBERS COMPRISED 10.56 OF THE TOTAL. LONG
DISTANCE TOLL CHARGE "LIST OF CALLS" FOR THE PERIOD UNDER REVIEN WERE MISSING IN
THE TOTAL AMOUNT OF $ 104.07.
WE RECOMMEND FOR YOUR CONSIDERATION:
A SURVEY TO BE ARRANGED BY A REPRESENTATIVE OF SOUTHERN
BELL TELEPHONE COMPANY TO EXPLORE IMPROVEMENTS IN THE
OVERALL SYSTEM OF THE CITY AND ANY ECONOMIES THAT MIGHT BE
EFFECTED. CONSIDERATION SHOULD BE GIVEN TO CHARGING ALL
LONG DISTANCE CALLSt EXCEPT FOR POLICE AND EMERGENCIES, TO
THE CENTRAL NUMBER OF 278-2841.
2. CONSIDE~ATION SHOULD BE GIVEN TO THE DESIRABILITY OF IN-
STALLING A DIRECT LINE TO AND FROM ~EST PALM BEACH TNROUGH
YOUR SWITHCHBOARD.
3. THE REQUIREMENT THAT ALL LONG DISTANCE CALLS BE PROPERLY
RECORDED ON THE LOG OF THE CITY SHOULD BE EMPHASIZED TO
ALL CITY EMPLOYEES AND DEPARTMENT HEADS. To ASSIST IN THIS
REQUIREMENT~ WE RECOMMEND THAT THE CENTRAL LOG AND DEPART-
MENTAL LOGS BE BROUGHT INTO AGREEMENT WITH THE CUT OFF
DATES OF THE TELEPHONE BILLS.
VERY TRULY YOURS~
--,, HIHES & HIHES
lrlE6 PUBLIC ACCOUNTANT
AMENDED 172-C
PERMANENT PIFELINE ~A~EM~NT
THIS ~A~, made this ..... 27th day of Nove~__ber, A. D., 1967,
between T}~CXTYOF D~LRAYB~J~H, a municipal corp~ration, whose
address is Delray Beach, Florida, party of the first part, a~d the
United States of America, represented by the Distriot Engineer.of
the U. 6. Army Engineer District, Jacksonville, hereinafter called
the Engineer, party of the second part, WITNESSNTH that
W~P4~S, in the River and Harbor Act of Congress, approved
March 2, 1945, provision was made for improvement of the Intra-
coastal Watex'way from Jacksonville, Florida, to Mi~, Florida, in
accordance with the plans set forth in House Document No. 740, 79~h
Congress, 2nd Session, subject to the condition, among others, that
local interests furnish free of co~.t to the United States all lands,
easements, rights-of-way and spoil d{s~osal areas needed for new
work and for subsequent maintenanoe when and as required, and
WHEP~AS, the party of the first part i~ the owner of suffi-
cient title in and to the tract of land described in Schedule A,
which is made a part hereof, and so represents, to permit the con-
veyance to the United States of the rights, privileges, and ease-
ments herein described, and
NOW, T~FOR~, in consideration of the sum of One Dollar
($1.00), the recei~ of which is hereby acknowledged and the bene-
fits to the party of the first part that will result from the pro-
posed improvement and maintenance of said Intracoastal Waterway,
the party of the first part does hereby convey unto the United
States of America, its offioers, agents, servants and c~ntra=tors,
the perpetual right and easement intermittently, or continuously,
to enter upon and to use any and all of the land described in
Schedule A in connection with the ~onatruction and maintenen=eof
said Waterway as described in said congressional authorization, and
any future enlargement and maintenanoe as may be authorized by Con-
gress, for the following purposes~
The location, construction, operation, main~.gn, aB=e,
alteration, repair and patro~ o'f"~-'-pi~61'in~ ~f6~'~h6"~ransfer and
disposal of dredged material, together with th& right to. trim,
cut, fell and remove therefrom all trees, underbrush, obstruutions
and other vegetation, struotures or obstacles within the limits of
the right-of-way.
The party of the first part reserves u~to itself, its succes-
sors and assigns all rights and privileges in said lands which may
be used and enjoyed without interfering with or abridging the rights
hereinabove conveyed.
It is understood and agreed by and between the parties hereto
that in its discretion the United States, its agents, c~ntractors
and assigns may use the premises, in whole or in part, for the pur-
poses afOresaid, but is under no obligation so to do.
172-D
TO ~A~ AND TO HOLD the said rights and easements unto the
assigns, for the ~poses aforesaid, forever.
The party of the first part does hereby ~ovenant
lawfully meiae~ of suffioient title ~o the
Schedule A to grant the rights aforementioned and ma~d ~r~y of
the first part will save and hold the Unite4 States free fr~
damages due to said use.
XNNXTR~S ~OF said Party of the first part has hereunto
set hand and seal on the day and year
172-E
SCHEDULE "A"
That portion of MSA-D (Tract 793) l%~W Jacksonville to Miami,
Palm Beach County, Florida, described as follows:
Block 136 and Block 144 of the City of Delray Beach,
formerly Town of Linton, Palm Beach County, Florida,
according to "Plat of the Fractional East Half, Sec.
16, Tp. 46 S., of R. 43 E.", recorded in the current
public records in the office of the Clerk of Circuit
Court in and for said Palm Beach County, in Plat Book
l, at page~3, lying East of the East Right-of-way Line
of the Intracoastal Waterway from Jacksonville to
Miami, Florida, as that righ-of-way is shown on the
plat recorded in Plat Book 17, at page 16-B of and
in the aforesaid public records,
Less, the following described portion of Blocks 136
and 144, Plat of the Fractional East Half of Section
16, Township 46 South, Range 43 East, according to
the plat thereof as recorded in Plat Book l, page 25,
of the Public Records of Palm Beach County, Florida:
Commencing at the Northeast corner of Lot X~ SEAGATE,
SECTION A, according to the plat thereof as recorded
in Plat Book 20, page 48, Public Records of Palm
Beach County, Florida: Thence run North 0° Ol' 55"
West along said Northerly extension of the West ri~ht-
of-way line of Sea Sage Drive a distance of 25.00
feet to a point of curvature and the Point of Begin-
ninE; thence Northwesterly along the arc of a curve
to the left, having a radius of 50.00 feet, a central
angle of 90°, for an arc distance of 78.54 feet to a
point of tangency; thence South ·89° 58' 05" West a
distance of 427.86 feet to a point.on the East right-
of-way line of the Intracoastal Waterway, thence
South 7° 22' 05" West along said East right-of-way
line a distance of g.48 feet; thence South 0°
07" West a distance of 40.60 feet; thence North
89Q 58' 05" East a distance of 479.65 feet to the
Point of Beginning.
172-F
STATB O~P FLORT,,IlJ~ )
COUNTY O~* PALM BB~H )
Before me personally appeared AL. C. AVER~ ~nd R. D.
WORTHI~, to me Well known, ~-nd known ~o me to be the indi-
viduals described in and who executed ~he foregoing
men~ as Mayor and City Clerk of the above named CXTY OF DELRAY
BEACH, a CorpOration, and severally acknowledge4 tO and before
me ~hat ~hey exe~ted su~ instrument as such officers, re-
spe=tively, of said corporation, and that ~he seal affixed to
{:he forego~ instrumen{: is ~he corporate seal of said corpo-
ration and that it was affixed to said ins~ument by due and
regular corporate authority, and that said ins~rument is ~he
free act an~ deed of said corporation.
WIT. S my hand and official seal, this 27th
of November _, A. D., 1967.
]{{){:ny Publlo, 8tats' of Florida
at Large
Notaw Publk, State of FIo~da at
~y Commission Expires Sept 13, 1970