11-13-67 NOVF24BER 13, 1967
A regular meeting Of the City Council of Delray. Beach was held
in the Council ch.ambers at 8~00 P.M., with 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 the Rev. Donald Waldro~.
2. The Pledge of Allegiance to the Flag of the united States of
America was given.
3. The minutes of the regular meeting of October 30th, 1967, were
unanimously approved, on motion by Mr. Merritt and seconded by
Croft.
4. Mayor Avery called attention to the poster on display in the C~ty
Hall Lobby concerning proposed Capi.ta! Improvements, and expressed his
appreciation to Mrs. Phyllis Plume of the League of Women Voters and
to anyone who assisted her in preparing said ~oster.
5. Mr. Jurney announced that a former City Councilman of Boynton Beach,'
Mr. Albert Deeno had passed away this afternoon due to a heart attack,
and ~f it is Ln order for the City of Delray Beach to send flowers,
he would like that done. It was agreeable to the other Councilmen, and
Mayor Avery directed the City Manager to send flowers.
5. Mr. Jurney reported he had been at the beach Sunday morning and had
observed a coneiderable amount of damage to the revetment on the north
end of the beach~ further, that he is not condemning the revetment that
is there but feels this would make the Council stop and think a little
more about the future of the revetment. He said this damage to the
revetment was caused by a Northeaster and feels the revetment should
be tested by a hurricane before money is spent to continue the fever-
men t.
5. Mr. Merritt asked if the City Attorney had done anything about
trying to .eliminate the noise at the F. E~ C. Railway property, which
item had been brought up at the last Council meeting.
City Attorney Adams re~orted he had received a call from an At-
torney who represents several interested parties, and said Attorney
wants to meet with the City officials when the City Manager arranges
for a meeting for consideration of that item.
Mr. Merritt suggested that some kind of legislation be prepared
to cause that noise disturbance to cease.
5. Concerning the recent Northeaster and the damage to the Beach Re-
vetment, Mr. Talbot reported that City Clerk Worthing a~d City Engineer
Fleming were on the job as soon as the damage was observed, and he sug-
gested that the City Manager be authorized to make a press release in
order that the public would know Just what had happened, that it is
just a human error in the construction that could happen in any con-
s~ructionl further, that he personally feels if it had not been for the
revetment, the road in the area of 410 North Ocean Boulevard would have
been washed out.
Mr. Talbot then moved that the City Manager be instructed to get
together with his engineering staff and make such a press release as
necessary to advise the public as to what took place and what protec-
tion the revetment afforded. The motion was seconded by Mr. Croft.
During discussion, City Attorney Adams reported that the City
Manager would have to meet with the Consulting Engineers and the Con-
tractor before a press release is made and that meeting should be held
tomorrow. Upon call of roll, the motion carried unanimously.
-1- 11-13-67
~,~, Concerning a suz~'e~ of parcels of land in violation of the
sance l~s p~esented ~ the C~ M~ager, ~'~. Cro~t ~ved that the
ty Cl~k be author~z~ ~ pro~ee~ with ~e ~f0rc~ent
of the ~de of ~d~nanues, ~e mo~on being seconded ~ ~. Taler.
~. Me=ritt referred to It~ 2 on sa~ su~, being the Gulf
O~1 Station Locate~ a~ the ~rn~ o~ west Atl~C~c Avenue and S. W.
5th Avenue, ~d said ~at he ~uld ~c~al~y ~ke to see this p=operty
cleaned up to the full l~it of the law, to the extent of the Health
Depar~ent concerning the public rest.r~ms, as he feels ~e conditions
that ex~st on ~hat property is a ~isg=ace ....
v ...... U~n call of roll, the motion carried unan~usly. (Co~ of
surv~ ~s at~ached to ~e official ~ of these minutes.) Page 200-A.
6.b. C~ty Clerk Worth~ng info,ed Council that
Section 12-5 of ~he COde of Ordinances, ~t should dete~ne the ~ali-
f~ca~ons of ~e following c~d~dates, having f~led for public off,ce
on the COuncil ~o= t~-year te~s co~enc~ng on the first Monday
Janus,, 1968, and that prior ~ acceptance of the candidates~ ~ali-
ficat~OnS, Coun~l shoul~ solicit the advice of the C~
to p=oper ~roce~ure hav~g-been fo11~, ~d ~alL~ications su~tted
to the C~ty Clerk at t~me for filing for off~ce~
J~S H. ~Y
LeROY W. ~ITT
jACK L. SAU~
FO~ C~C~
ROBER~ ~. FAVRE
JO~ W.
D~I~ R.
GEORGE T~B~,
J~ B. WILSON
O. F. YO~GBLOOD
City Attorney Ad~s =e~rted that he and ~. Worth~ng had ex~-
in~ all the applications and found eve~ to be legally qualified.
Mayor Ave~ relin~ish~ the ga~l to ViC~-Mayor ~rn~ and
moved that the candidates be declared ~al~i~. ~e ~tion was
seconded by ~. Croft and carried un~imously.
6.c. The City Manager ~aid ~at in c~p~ance with Electi~ require-
ments, as .s~t ~rth ~n Chapter 12 of the C~ty's Code of Ordinances,
Council shall ap~nt a Clerk ~d ~nspectors ~ preside over the
~ima~ Slect~on which will be held on ~esday, Nov~er 21~ 1967~
further, it is suggested that a Clerk and ten Inspectors be~ap~inted,
chosen at r~dom, fr~ t~ following 18 indiv~duals, whose n~es are
su~itted for that put, se, ~d should ~t be the pleasure of any Council
m~er, additional n~es may be added thereto~
D~ BAUER NINA SPR~
VE~ BO~ J~ W. ~S
~ BR~ING C..C. ~R
FLO~CE C~P ~ L. W~R
WXLLIE P~XN FRSDERI~ WOLTERING
G~RTRUDE ~REEN ~SIE ~TON
~PH~SE ~ON BERT~ P. W~THING
BELIE PHILLIPS L.L. Y~GBLOOD
It ~ suggested' that the C~ty Clerk select ~he ~ividuals to
~rk as Clerk and InSpec~rs at the Prima~ Election, as he is f~iliar
with the ones that. have worked and are best ~a~ified, and it was so
moved ~ ~. Merritt. The motion was seconded by ~. Jurn~ ~d car-
ried unani~us ly.
-2- 11-13-67
'193
6.d. Regarding sea well construction on Casuarina Road, City Manager
Gatchel re~orted toCouncil as follows=.
"There is sea wall construction currently in progress in the
improvement of Lot X, SeagateSubdivision, and adjoining south portion
of the Yacht Basin, recently acquired, by the developer of those lands.
From that acquired south ~ortion of the Yacht Basin, es pro-
vided by Council, there remains 130 feet of the Basin for open water-
way adjacent to, and north of the right-of-way of Casuarina Road, plus
approximately 10 feet of Basin area.
Due to this present sea wall construction, a proposal, considered
most advantageous and in the best interest of the City, has been re-
ceived from the contractor, International Piling, Inc., to contimue
such construction easterly along the north right-of-way line of
Casuarina Road to point of tie-in with the sea wall of Col. Kenneth E.
Balliet~s property. This propsal offers such construction, sea wall
to be 13 feet in height, the lower 2 feet to be 'T' piles driven into
rock, for $23.00 per lineal foot, plus an extra charge of $22.50 per
hour, for excavating and shaping the berm.
Total estimated cost for this badly needed improvement is
$3,500.00, and authorization is requested for providing this sea wall
construction and transfer of funds to cover the cost thereof from the
General Fund Contingency Account."
It was so moved by Mr. Talbot and seconded by Mr. Merritt.
Following a question by Mr. Jurney as to how long the construction
would take, City Attorney Adams said there would be a contract for this
work, and that he would assume the City Engineer would be on the job
at the time of said construction.
Upon call of roll, the motion Carried unanimously.
8.a. and 8.b. Mayor Avery announced that these two items have been
deferred until the next regular Council meeting on November 2?th.
8.c. City Clerk Worthing presented ORDINANCE NO. 36-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.
DELRAY BEACH, FLORIDA, ANNEXING. . TO THE CITY OF
DELRAY BEACH CERTAIN LAND LO~ATED IN SECTION 28,
TGWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING M~NICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF.
(Co~y of Ordinance No. 36-67 is attached to the official copy
of these minutes.) See pages 200-B-C.
The City Clerk read the following Planning and Zoning Board re-
port, dated November 3=
"At a special meeting held at City Hall this~ morning,
the Board voted-unanimously to recommend the annexation
of certain lands in Section 28, Township 46 South, Range
43 East, lying between State Road A-1-A andthe Intra-
coastal Waterway, as outlined in Ordinance NO. 36-67 and
to be in zoning District R-3."
The developers of this property were present and displayed plans
and a picture of the proposed improvements of this property. They said
they plan to build two buildings, four stories high, containing eighty
units, and explained they plan to build a club house, swimming ~ool,
shuffleboard courts, putting green, seawall and boat~docka.
Mr. Jurney asked if it is necessary for them to have ~ny fire
fighting apparatus built in., and they explained they have to com~ly
with the requirements and install 9prinklers on the roof, access to the
roof, enclosed stairways, etc. -3- 11-13-67
,1'94
Mrs. Dorothea G. Montgomery:..expreseed',her.~.pteasure ~that. the pro-
posed /mprovement on that land is only four stories instead of high-rise
apartmente.
There being no objection to Ordinance No. 36-67~ said Ordinance
was unan/mously passed and adopted on this second and final reading,
on motion by Mr. Croft and seconded by Mr. Jurney.
$.d. City Clerk Worthing presented ORDINANCE NO. 37-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF D~LRAY BEACH, FLORIDA, REPEALING SECTIONS
18-31 THROUGH' 18-38, CHAPTER 18 ARTICLE III
(CHARITABLE SOLICITATIONS) AND AMENDING AND
RE-ENACTING N~W SECTIONS 18-31 THROUGH 18-45'
REGULATING SOLICITATION:':FOR CHARITABLE AND
OTHER SIMILAR PURPOSES AND PROVIDING A PEN-
ALTY FOR ANY VIOLATIO~ THEREOF,
The City Clerk read the following 1attar from the Delray Beach
Chamber of Commerce, dated November 4, 1967, signed by its Executive
Vice-President, Ken Ellingsworthz
"Following study"-and: recommendation by its 'Char'itable Solicita-
tions Committtee, ,The .Board. of Directors of the DeLSey Beaoh Chamber
of Commerce requests your faro:able considerate'on of '.e~veral proposed
~hanges. in the.. current,~soticitatione ordina~_oe las indicated, on the at-
tached ~orm.
These changes are designed to strengthen our current ordinance to
better inform our citizens as to how their donated dollars are used,, as
well as to protect them from unjustified or fraudulent solicitations.
Written for the Board of Directors."
Mayor Avery relinquished the gavel to Vice-Mayor Ju=ney and moved
~hat Ordinance No. 37-67 be placed on first reading, the motion being
seconded by Mr. Merritt and unanimously carried.
9.a. Regarding an auction held for disposal of obsolete and excess
ec/ui~ment, City Clerk Worthing reported as follows:
"Council, on October 9th, authorized an auction be held for re-
ce.ivin~:.bids on, obeolete'..City owned equip~nt~:
This auction was held at the City Barns on November 1st, at 1..00
P.M., with notice of proposed sale having been advertised in the local
newspaper for two consecutive weeks prior thereto. The results of the
auction are as follows:
· .1. 1962 C.M.C. Concrete M£xer lCap.. 6..cu. ft.} $275.00
2. 1958 Street Sand Spreader, 7 H.P. Engine 25.00
3. 'Littleford' Tar Kettle (Cap. 225 gale.) 50.00 -
4. Eleven Aluminum Window Frames, Awning Type, 53~x50'' 35.00
5. Side Dump 4-Wheel Trailer {Cap. 1% yds.) 50.00
6. 1951 White Truck Tractor with Front,end Hydraulic Lift 325.00
7. ~953 G.M.C. ½-Ton Pickup 125.00
8. 1952 Ford Pickup, Utility Body~ Folding Ladder 80.00
9. 1961 Harley-Davidson Motorcycle 50,00
it ie.~bekieved top value has been received for Items One thru
Eight. .It is recommended that the offer of $50.00 for the motorcycle
be rejected and the City Manager be authorized to solicit new bids for
the cycle as it is further believed a much higher bid can be obtained."
Mr. Talbot moved to follow the re~o~endation of the 'City Manager,
the motion being seconded by Mr. Croft.
Mr. Jurney asked how much Item 10 the 1962 C.M.C. Concrete Mixer
cost the City? City Clerk Worthing reporte~ that piece of equi~ment
cost the City $2,477.93. Mr. Jurney said he felt the bid on that
piece of equipment is very small considering what it cost the City.
-4- 11-1~-67'
195
Upon call of roll on the motion to follo~ the recomepdat~on
~e City Manager,~ ~. Croft, ~. Merrett, ~. Taint, and Mayo~ Avery
ted in favor of the ~gion and ~. Jurn~ was op~sed.
9.b. City Clerk Worthing info,ed Council that an a~pl~cation to
solicit funds within the City, su~ted ~ the Co~ ~est Services
of Delray Beach, ~lfs~e~, Highland Beach and ~e Village of Golf,
was processed through the Solicita~o~s Co~ittee, which re~rts aS
follows, ~d the dates for soli~itation are Februa~ 9-23, 1968 - door
to door, w~th letters being mailed in ~v~r, 1967 ~d J~ua~, 1968.
"Plebe be advised that the Solicitations Co~ittee re--ends'
approval of ~e Co~uni~ ~est's request to solicit on dates listed
on ~e~r application. Wr~tt~ for the Sol~citat~ons
/s/ 'Ken Ellings~r~h
~. Croft moved to app=ove said application for solic~tation, the
motion being seconded ~ ~. Taler and un~usly carried.
9.c. R~ar~g the re, est of ~he Delray Beach ~bl~c L~br~
Solici~ f~de, C~ 'C~e=k.,'Worth~ng:~ ~ead.~.~he. ~l~&ng ~ ~et~er: f~ the
Sol~citations CO~ttee, dated Nov~r 2, 1967, and signed ~ Ken
Ellings~rth~
"Please be advised that the Solicitations Co~ttee
rec~ende '~=0val. of the Delra~ Beach ~bll~ L~br~'s
re~e~,to sol~9~t. Dates being, l~te~ ~o~ J~ua~ 1
mktt~e' further suggests- that the' re~ir~' t°''ad-
vertise .last. year~.s fibres be..wa~ivgd .... _~
iatt~r'hai~ of Ja~ua~ i968. (as. we are inf0~ed' ~Y' '
~. JO~Talle~tire'~ Chai~a~ 0'f [the' ~h~r of CO~-
. merce CO~it~e~),.~ would like ~ ch~ge our
'1968 t~e request~ to M~ch I to 16 inclusive.
: ... ~.. W~LI..yOU please add this r~sed, re, est ~ our
. . file.. ~k YOU ~e~.much in advance."
~', ~[Ci~y~ c!e~k:'~rthing inf~med'council that he Bad' c°ntac%~~ the
Soli~itati°~ Co~ittee today and th~ had approved ~he revised period
of solici~at~ogs=.for the De,ray Beach L~r~, b~ig~ Ma=Ch_.1 to 16,
1968. '
~. ~Ofk moved ~0 approve the revised reoo~e~dat~on of the
Charit~ie s01~eita~i0hs ~te~, the'~tion 'b~ing ~e~ded-by
Talbot J ' ' '
~."'He~it~ Said hells afraid it~ ~ld-"be se.tti~g-a'p=ecedent
the re~k~=efi~'[~0 ~dve~ise !as~ year'.s.j~.~=~-is Waiv;d, and he
feels khat t~e' Libra~: must. c0~ly. ~t~-' t~at 'r~r~ent~.
said:-he w°~id' m~ tha~' stiPulatio~ as ~n ~en~nt to the motion.
~. ~o.ft ~d. ~, Taler accePte~' the ~en~en~. ~ kh~ .motion,.'~d u~n
9.x. City ~ler~,wOrthkng read~ the B~utification'co~itte~' meeting
Minutes of No~er.eth.,~ i967~, and the .follOwin?.it~..Of those minutes
' ' "~S."Fbances Ward, of the Po~ciana Gard~ Club, de-
sc~bed a pl~ for plating the 20' x 60' strip in'front
of the P~rking area in the East Atlantic-Avenue park;
Her club ~uld l~ke to undertake th~s prOJec~ after the - ·
City plants a. scree~a of .high. green shrubbery ~ficus ~r
jasmine wer~ suggested). The Club would rotate.color-
ful plazttings .each season with the Club supplying the
plants azld the City supplying labor sad minimal main-
tenance. Mrs. Plume moved that the Conunittee recom-
mend the idea of this plea to the Council. (Motion
seconded and approved).. Mrs. Ward was. asked to sub-
mit a drawing and breakdown of costs to the C°uncil
for their consideration."
Mr. Merritt disPleyed a. picture of the proposed landscaping and
ex~lained as follows: "What they want-to do is take over the area
that ~s in between the grass 'and the tall hedge and plant annuals.
They wohld like to have' sbme color in' that', area. They have agreed not
only to do this, but also to maintain this planted area in the middle.
You may be familiar with the island that Mr. Hall takes care of across
from the Seaboard Railroad. They want to do something similar to
that, only they will have roses, annual'plants of different kinds, and
they will change them from time to time."
It was pointed out that the City. w°uld have to install a sprinkler
system, cost of which had already besa approved by Council, and the
only change such plantin~s would make in the sprinkler system would be
the location of the sprinkler heads, also that this had been gone over
thoroughly with Mr. Elliott, the Director of Parks and Recreation, and
coordinated with him.
Mr. Merritt moved that the Poinciana Garden Club be allowed to
take over the beautification of this specific area with the maintenance
and upkeep to be done by that Club. The motion was seconded by Mr.
Jurney and carried unanimously.
9.x. City Clerk worthing reed the following report to the City Manager
from the ~o~munity Relations Connnittee, dated October 13, 1967~
"The Community Relations Co~mittee will be most
apl~reciative if you would inform the City Council
that the following new officers were elected at the
Committee's regular meeting on October 2nd:
Chairman Mrs. Virginia Meyers
Vi~e ~Cha£rman Mr. A1 Risker
Recor&ting Secretary Mrs. Rosetta Rolle
Cor~sponding Secretary Mrs. Frank L. Carey
Thank you."
Mayor Avery recognized and introduced Mrs. Meyers, Mrs. Rolls and
Mrs. Carey.
City Manager Gatchel reported that he had received additional cor-
respondence from the Community Relations Committee and would keep Council
advised of same.
lO.x. City Clerk Worthing reported to Council as follows: "As of Novem-
b~c '3,8~ ~9~, Judge John .~, '~/ub~oee posted' a .cash bond of U12,000.-w~th
the City, which Bond and accompanying executed Agreement assured the
construction of sidewalks on the north and south sides of Poinsettia
Boulevard ~n:',.Sudan:.'.Suhd~vision'..and. a portio~ of DaVis 'Road.' lying -.within
that Subdivis ion.
This Agreement and Bond were for e period of one year, expiring
this coming Saturday. Judge Ambrose, in a letter received today, re-
quests that Council, at its next meeting on November 27th, consider an
extension of.said Agreement, and that he plans to attend that meeting
relative to such petition."
10.x. City Clerk Worthing read Che following letter from St. Vincent
Fe~re~'te'.Church, dated November 9th, 1967 and signed by Reverend John
A. Skehan,. Pastor:
11-13-67
:197
"l respectfully request permission to open a
thrift shop at 260 N. ~,o ~tnd Ave., under the name
of the Beachcomber Thrift Shop.
All items to be sold will be used or second?
hand and w.ill be 'donated by our parishioners and
friends. The proceeds will be given to St. Vincent
Ferret Church for our new church building fund.
Thanking your for your consideration, and with
personal regards.;'
The City Clerk informed Council .that under Chapter ~8 of the
Code of Ordinances, this activity is exempt from fees and charges.
Mayor Avery relinquished the gavel to Vice-Mayo= Jurney and
moved that permission be granted. The motion was. seconded by Mr. Talbot
and carried unanimously.
lO.x. City Manager Gatchel informed Council that bids had been solicit-
ed for two new truck chassis suitable for installation of flat dump
bodies for-use in the trash department, This had been advertised
trade-in allowance on ~ 1955 F-600 ford £1at-bed dump trucks, one
with hoist and body, · the other .with hoist but without the body,, and
the following bids were received, all meeting the specifications as
furnished and called for by the City~
General ,C~C TKuCk Sale. s,&<$.erFice,~ InC,
west palm: Bea~h; 'tw°'xnterna~ional t~qkS. ": .$6',6!7.44
The CLty Manager recommended the purchase of two G.M.C. trucks
f~om.~ene=al~O~4C Trucks. S~l~s &.Service~ Inc,, of He, st,Palm Beach, in the
amoul~t' afl ~5~,87,9,60 slid' l~e~.g'rted tli~it money to cover this purchase is
· X% 'was s9 .moved "~y Mr." se~ritt,' seconded by Mr, Jurney an~ unani-
!O.x. aega~rding aaso, l.~ti0n N?..2.6-63:..a,uthorizing..t~he is.ouance of
f600,',000 Util%ti'es Tax ."Reyenge "cert~i~fiCateS,' passesd .and .'adoPted .st the
regulir '..CouhCil ~me'ei~i~g "held ~n-'-o~M~er 'so.th, 'f967, tl{e'.iC!.t~y' lganager
i~n~O~ed'~ou~Cil"thit &¢~r:din~'r~O pa$il p~o~edu~'es
·.xssue
i~ an ~oUn~'W~i~ch"~'he h~ been ~customedi~o =eCeiV~ng:.~n"the ~st; Of
one t~r~ of o~e.per, cent, for t~e Bond Lssue; furt~ier0 _th~s amount ~&.
cO~*:~d~'abl~ 'les's ~an' Cit~ A'~tOrii&y& in neighboring co~nities have
charged_~o,~ the.~:, ~k on such bond issues,
'Th~ Cit~.~Maaa'ger 'reco~mm~ed:,that: a motion be made and passed
authO~iz~'g' 'and'.'-approv'ing~ th~ ~t~'rney' fee~ ~a~ 'juSt mentioned` ~t was
so ,mov~ed )~Mro: Mer,ritt~,si,eao~d.e..d.. by .l~x, Jurney and unanimously carried.
lC.x, :~Mr.~ 3u~neY ~sked'tl~e~Cf~'Manager~ :th~ statuli'of'~¥ch~ South~est
Drainage ~rroJ. ect,: :and .when-.' anot~e'r WOrkShop meeting is:planned for that
City Manager. GatChel re'pod:ted,,ak: ~ilows: ": ''
"The-End(nears have
provided.~t!m: City'w%th ·their coat. estimates, of the Engineering ? . In
,,other Words, .the construction CoS&'s ilar'the three al. ternate ,'routes
o~ t.h.e .$0u?hwes-t ,Dral~ig~: .a,r,.ea, 'and;: it' lS now up to.' the- Ad~i'n~s.tratiOn
to p~oVtde an estimate .0~' the ~ght.of~ay.;.cOSt~ coltpIe~ .with
Engin?erini costs,. ~o~ give: us/a .'iotai p£c~tu~; of what th~i.a· ~utfall
Sy~{gn~'w~'~I'd'~ai~unt. to..- Not the collection, but the surfs11 system.
This, is in. proc, ess, ,,.Mrs. Jurney and Gentlemen of Council,. ho,w,ever, we
are .not a't t~e '.l~oin~ yet where, we are '·prePared.' to-qiVe the~e, c0st
I. 1,98
est/mates to Council, but this is in process."
Mr. Jurney asked the. time element in ~etting those figures, and
the City Manager and City Clerk reported they felt that may be ac-
complished by the first of December.
Mr. Jurney commanded the City Administration for the work that
has been done on that project.
10.x. Mr. Talbot c~mmented: "In last week's agenda there was al letter
on the condition Of Marine Way. Am ! remembering correctly, seawall,
Was any action taken on it?"
The City Manager said no action was taken on that, and continued. "It
has been my understanding that for many years, due to the very nature
of the protective barrier there, it is Just a pile of rocks, "'.
thats all, that we've ha~ to handle it Just as the City did this past
summer when there was a failure. We went in and shored it up, beefed
it up, and filled in some of the sunken spots, but it appears to us
that there is really and truly no answer to that without getting some
sort of a sea wall there such as we have at the City Park. Needless
to say that could be a considerable expenditure. ! cannot feel that
just adding more rock on top of it would be an answer to .the floodwater
conditions, the waters would come right on through. It would be an
answer to the floating debris that remains deposited on the roadway
after the waters recede, but there again, ! cannot help but.feel,
after talking with our Engineer and Public Works Director and Mr.
worthing, and all of those who have been involVed on this latest shoring
up process, I cannot help but feel that it would be just practically
no answer at all and I think our trash crews can go down there and
clean it up after the waters recede."
Mr. Talbot: "Is there any hazard to .it from the City on liabil-
ity?"
City Manager: "There is always a hazard and a possibility of
suit if somebody were to go down there after some of those erosions,
after the soil sinks away from below the grass. There was a soft spot
there that a person could step in and injure themself, there is always
a danger from that aspect."
Mr. Talbot= "In othe~ words, it would be a 'separate project to
go in there and rehabilitate from the bottom up. (The City Manager
answered yes.) It can't be patched up?"
City Manager~ "NO sir, I do not feel that it can other than on
a hit and miss proposition.such as we have been handling it for many
years."
Mr. Talbot.~. "We 'would:.probably:'.have. to..wait': '£or~..anOther'.budget."
:." ;..'City Manage== . .!:Budget or bond issue or something of the. sort to
have funds provided for it."
Mr. Jurney: "I have heard something about this too, and I believe
what you are referring to ,is the dock down there that was caved in and
undermine~."
Mr. Talbot: It's in pretty bad shape."
Mr. Jurney continued~ "I would like to know if.'.tI%e:~eaSe .that Mr.
Plym has with the City in leasing that dock, if it is not his res~onsi-
biiity and not the City of Delray Beach, in repairing this dock that
was ripped out or torn loose from the footing and a dead man jerked out
of the ground. I happened to be down there at the time that that hap-
pened and ~ saw a quite large boat: ti%d up there and it is my opinion
that that boat and the wake of the passing boats did the damage and not
anything that the City did, and if the lease calls for Mr. Plym to~keep
that dock in good repair, 1 think that Mr. Plym should be the one that
would foot the bill, not the City of Delray Beach."
City Manager: "We will be glad to check into that matter. It
was my understanding, of course ! was not here in town at this
appropriate action was taken by the then Acting City Manager, Mr.
Worthing, and the staff, to take care of the immediate problem at hand.
I will certainly check into the Lease and verify if this was an item of
Mr. Plym's expense or the City's. It was my understanding that it was
at the north end of the basin area as leased by Mr. Plym. (Mr. Jurney
said it was a dock) I realize there was damage there too,. but I'll check
into it." -8- 11-13-67
199
Mr. Jurney= "That is where the damage was, at the dock, and I
might say that Mr. Worth£ng d~d a very speedy job in getting in there.
It was something that had to be done as it was hazardous, but I would
like to see the ~ontents of the Lease be followed."
10.b. City Clerk Worthing presented Bills for Approval as follows~
General Fund $93,509.22
Water Operating & Maintenance Fund 6,351.23
Beach Disaster Fund 15,788.12
Cigarette Tax Pund 5,358.00
Construction Trust Fund 8,251.35
The bills were unanimously ordered paid, on motion by Mr. Croft
~nd seconded by Mr. Jurney.
The meeting adjourned at 9~08 P.M.
R~ D~. WO~THING
City Clerk
APPROVED ~
MAYOR
~9- 11-13-67
~-.,
~-.
200-A
PROPERTIES 1'N VIOLATION OF OI~DII~NCE NO. G-147
~ SS~IONS 15-3 and 15~ OF T~ CI~ CODE.
~R a~ ADD~S.S P~O~R~DESCRI~!ON
~ri~ N. ~o~ Cohen Vacant part of ~t 31, 15-3
P. O. ~x L58 ~11er and Grootman's S/D.
Herna~o, Florida 32642 (414 N. E. 7~ Avenue) 15-4
Z.
~u~f 0il Cor~ration Ua~t.'part of-'No~th'~ 75 feet 15-3
Gulf Building of WeS~.135~5.fmet ~ess
Pittsburgh, Pe~sylvania 20 foot ~, Block 29. 15-4
15219 (442 West AtLantic Avenue)
Joseph and Lillian Brown Vacant part of Lot 19, Block 1, 15-3
Phillips Odmanns S/D. &
P. O. Box 1884 (48 N. W. 13th Avenue} 19-4
Delray Besah, Florida 33444
Violations 15-3 and 15-4 as concerns this report are as follows=
1. 15-3 - Garden trash, bottles and cans
15-4 - High weeds
2. 15-3 - Garden trash, bottles and cans.
15-4 - Junk of all descriptions
3. ~-3 - Garden tresh
15-4 - High weeds, loose lumber, cans, bottles and other
miscellaneous junk.
Submitted to the City Council by the City Manager
this the 13th day of November, 1967.
200-B
ORDI~AN~ ~0. 36-67.
AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF
DBLRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28,
TOWNSHIP 46 SOUTH, RANGE 43 BAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING TH~ BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING T~REOF.
WHEREAS, HARRY E. BRAY, as Trustee, is the fee simple
owner of the property hereinafter described, and
WHEREAS, HARRY E. BRAY, as Trustee, by hie petition, has
consented and given permission for the annexation of said property
by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with section 185.1 of the
City Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY TH~ CITY COUNCIL OF TH~
CITY OF DELRAYBEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described tract of land located in Palm Beach County,
Florida, which liescontiguoua to said City, to-wit:
A part of Section 28, Township 46 South, Range 43 Bast,
being all that' part of the North 200 feet of the South
2000 feet (measured at right angles to the East and
West Quarter Section line of said'Section), of that
part of sa~4 section which lies north of the east and
west Quarter Section linethroughsaid section, and.
Lies between the westerly right-of-way line of State
Road AZA and the Easterly right-of-way line of the
Intracoastal Waterway (FLorida East Coast Canal).
The East and West Quarter Section Line through said
Section 28, is as established by agreement between
Bessemer PToperties, InCorPOrated, and Bessett W.
Mitchell and Mary S~arr Mitchell, his wife, dated
' November 20, 1941, recorded in Deed Book 642, Page
'474., of.the Palm'BeaCh County, Florida records.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
above described tract of land, and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described
is hereby deClared'to be in Zoning District R-3 as defined by exist-
ing ordinances of the 'City of Delray Beach, Florida.
200-C
Page 2. Ordinance No. 36-67.
SECTION 4. That the lands hereinabove described shall
immediately become subject to all of the franchises, 9rivileges,
immunities, debts (except the existing bonded indebtedness), ob-
ligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, and persons residing there-
on shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, .phrase, clause, sentence
or part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such record of illegality shall in no~ay
affect the remaining portion.
PASSED in regular session on the second and final reading
on the 13th day of November , 1967.
/S/ Alt C. Avery
MAYOR
AT~ST '.
/S/ R. D- Worthinc. _ - .
~City Clerk
First Reading octob~ ~. iq&7. _
Second Reading ~Nove~ber 13~ ~967