12-26-67 223
DECEMBER 26, 1967.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8=00 P.M., with Vice-Mayor James H. Jurney in
the Chair, City Manager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen J. L~Roy Croft, LeRoy W. Merritt and George Talbot, Jr.,
being present.
1. An opening Prayer was delivered by the Rev. J. D. Edwards.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
Vice-Mayor Jurney. announced that Mayor Avery is out of town at this
time. He them introduced Mayor-Elect J. L. Saunders and Councilmen-
Elect James B. Wilson and O. P. Youngblood.
3. The minutes of the regular Council meeting of December 12th, 1967,
were unanimously approved, on motion of Mr. Croft, seconded by Mr.
Merritt.
4.& 5. There were no public releases, and no presentation of items
by Councilmen.
6.a. Concerning a survey of parcels of land in violation of the City's
nuisance laws presented by the City Manager, Mr. Talbot moved that the
City Clerk be instructed to proceed with the enforcement of Chapter 15
of the Code of Ordinances, the motion being seconded by Mr. Merritt and
unanimously carried. (Copy of survey is attached to the official copy
of these minutes.) See Page 227-B.
6.b. City Manager Gatchel announced that in compliance with Section 12
of the City Charter, the 1968 Council Organizational Meeting shall be
held on Tuesday, January 2nd, due to Monday being a legal holiday, and
upon motion by Mr. Merritt and seconded by Mr. Croft,'8=00 P.M. was
unanimously designated as the time for said organizational Meeting.
6.c. The City Manager informed Council it has been determined that im-
mediate repairs to the beach revetment wall, damaged by recent north-
east storms, should be made without further delay, in order to avoid
any possible additional damage to the weakened areas and it is, there-
fore, recommended that the City Manager be authorized to direct
DICKERSON, INC., revetment wall construction contractors, to proceed
with such repair work on a basis of cost plus 5~ overhead and I0%
profit formula, with the City Engineer, Mr. Fleming, supervising the
inspection of all repair installation.
The City Manager further reported that the heavy winds over the
Christmas weekend did some additional damage to the revetment wall.
Mr. Croft moved that the City Manager be authorized to proceed as
recommended, the motion being seconded by Mr. Talbot and u~animously
carried.
6.d. Rega~ding extension of sewage service facilities, City Manager
Gatchel re~orted to Council as follows:
"Ithas been determined that sewage service should be extended
from S. W. 15th ~venue westerly along a projection of S. W. 2nd
Street, across the Seaboard Railroad and 1-95 rights-of-way, to
the general area compassing the site of the proposed South County
Complex improvements.
Approval, therefore, is recommended for SUPPLEME~AL AGREKM~NT
No. 14, affecting the engineering contract, dated September 30,
1959, with the Consulting Engineers, RuSsell & Axon, to provide
for competent field engineering and survey for planning sanitary
sewage extension service facilities to certain areas west of the
present servi=e~ sections, more particularly identified as:
-1- 12-26-67
.. 2~2.4
That area bounded on the north by Atlantic Avenue,
on '~he east by 1-95 right-of-way, On the south by
South loth S~reet and on the west by the Lake Worth
Drainage District equalizin~ 'Canal E-4.
Batimated cost .f~r fbi's w~rk is ~750.00, more or less, and shall
be dete~mined by ac~cual Payroll ~oata, multiplied by the factor
2.0 to cover overhead, administrative expense and reasonable pro-
fit." ,-.' .
~,' (Copy of said Supple'mental' Agr~em6ht No. 14 is attached to the official
copy of these minutes.) see Page 227-C.
Mr. Talbot moved., that ~SUpplemental Agreement No. 14 to the engineer-
..~..~.~q~. contract with ~ussell & AXon be executed by ~he proper parties, the
m6~n being Seconded '. by Mr. Croft.. -'
]:~l~n$,.~lacussion it was pointed out that this sewer extension is
Part of' ~he master plan, and. that since the ~'lald Survey Party will be
in this area on' another pro,'eot approved by Council at its last meeting,
this could probably be done .for less .expense and in less time than ~f
they ware called back at a later time, and upon call of roll. the motion
carried unanimovely.
Upon recommendation by City Manager Gaf:~hel, Mr. Croft moved that
funds to cover said cost be provided from the Contingency ~ccount of
the Water and Sewer Fund. the motion being seconded by Mr. Merritt and
unanimously carried.
6.e. City Manager ~atchel informed Council it is recommended that the
Cit~ ~e~k be. a~thorized~ to negotiate with the owners of lands, desired
t:o for possible construction of a drainage ca-
na section of the City to the C-15 Canal, as out-
line~ and report of feasible disposal rou~e pro-
vided-b~ Engineers, Russell & Axon, in conjunction with
the ProJect~ and it is further requeste~
~5,000. be made available to provide for ob-
'' t~ Option' Contracts for such desired lands
end that ali such transactions and
to the approval of the City Attorney
Mr. Clerk-~e ac authorized, and that the
rectu~te~ Eunds 'of available £rom the Special Assess-
meat Fur~, t~e~mot~olt )~eiilg seconded by Mr. Talbot and unan'imously
=?~a,'"~gardiag a reqtaest for re-establishment of Hammond Road ~ight-
~f-~ :t~te City Clerk reported to C~uncil as follown=
"On A=gust 29, 1967, Council granted the petition of Mr. and
Mrs. C.. ~le~'ick .Hammond for abandonment of HA~O~ ROAD, as shown
on co~y of the Hammond property Plat.
-Said property owners are now requesting reinstatement of that
:r~ght~of-way, known aa Hammond Road, as set forth in the follow-
~lg pe.t~t~on:
'Th~s ~l.etter is- to request your consideration ~o return
the Hammond property to its former subdivision status of
1956 (November 6th}, Plat Book 24, Page 248.
We now ~ecog~ile that our abandonment action on August
28, '19~7,-was a hasty decision, indeed an error in Judg- .
'~-~m~t, ~as recent inquiries abo~t purchase of one or two
of:our three lots have become £reque~ and we have found
':.:~n~.~n~e~est at all in the property as' one large lot.
'~Ne.~nuerely appreciate your indulgence ~n this matter.'
It .~i~ec~m~nded that this petition be referred to the Planning
Boa~'~.~-~ x~view and recommendation thereon."
.The ~f~t~:Cle=k. =epo~ted that early this eVening, Mr. Andrew Gent of
the Plann£ng and Zoning-Board reported t~at the Board recently held. a
meel~ng.'to discuss .many items, and MrS. ~mmond'e son, Mr. Richard
Stout,: appeared~'o~ behalf of Mr. & Mrs. ~d 9oncerning this matter
-2- 12-26-67
225
and the Board unanimously recommends to Council that its previous ac~. '
tion to abandon said road be revoked. Further, if such is the desire
of Council, it can be accomplished by adoption of the following
RESOLUTION NO. 30-67.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH', FLORIDA, REPEALING AND RESCINDING
RESOLUTION NO. 17-67 PERTAINING TO THE ABANDON-
MENT OF A DEDICATED RIGHT-OF-WAY.
WHEREAS, C. Herrick Hammond~ joined by his wife, Leni K. Hammond
made application to the City Council of Delray Beach to vacate "Hammond
Road" as appears on said Plat recorded in Plat Book 24, Page 248, and
WHEREAS, the City Council of the City of Delray Beach passed Reso-
lution No. 17-67 at a regular meeting on August 28, 1967, vacating and
abandoning said right-of-way; and
WHEREAS, the applicants have subsequently reconsidered their request
and have requested that said Resolution No. 17-67 be repealed and re-
scinded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLO~:
That Resolution No. 17-67, passed and adopted on August 28, 1967,
be, and the same is hereby rescinded and repealed.
PASSED AND ADOPTED in regUlar session on the 26th day of December,
1967.
ATTEST: Vice-Mayor
City Clerk
Resolution No. 30-67 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Talbot and seconded by Mr.
Merritt.
Mr. Merritt pointed out, for public information, that at the time
Council abandoned Hammond Road it was not setting a precedent in aban-
dOning City property, that this small road had been part of the Hammond
property and had been dedicated to the City but was never improved.
7.b. City Clerk WOrthing informed Council that the Delray Beach Radio
Club, Inc. requests permission to hold its 3rd annual carnival for the
purpose of raising funds to increase and up-date the Club's radio equip-
ment, and they further request the use of. City-owned land adjacent to
and south of Sterling Field on west Atlantic Avenue, lying between S.W.
3rd and 4th Avenues; further, it is recommended that action on this
petition be deferred pending discussion of the request at an early
workshop meeting.
Mr. Talbot moved that this request be deferred for discussion at
the next workshop meeting asrecommended, the motion being seconded
by Mr. Croft and unanimously carried.
7.c. The City Clerk informed Council of a petition having been re-
ceived for reclassification of Lots 17'and 18, Del-Harbour Subdivision,
from R-1AA (Single Family Dwelling District) to R-3 (Multiple Family
Dwelling District). Further, it is recommended this request be refer-
red to the Planning and Zoning Board for review and public hearing
thereon.
Mr. Merritt moved that said petition be referred to the Planning and
Zoning Board, the motion being seconded by Mr. Talbot. Upon call of
roll, Mr. Croft, Mr. Merritt and Mr. Talbot voted in favor of the
motion and Vice-Mayor JurneYabstained from voting. Mr. Jurney said
that he'lives next door to that property and would prefer that someone
else make the decision. -3- 12-26-67
· o ~e~t of. lot
"~ a~ee~-vi~e~' ~"-~' be ~ .-- ~oa~,
exceP~ ":~"~Oll~e: . -t o~ ~a~-~:~o~ O~
sc~b~: east 175 ~ i~ its a~op~
. '~ . . ~U~~' - -- ~4, Sea~ -~ O~
~*- --~ o~ ~'- -.~.~e~ ~- -
~e~t_~4~e o~lY a ,a c~a~e
e~e~* L_~lec~ sa~
fu of ac~i~ ~ a~ ~e ~e agen~' .as ~af~eS' :'; ::'/'~" '
__~tea ~' _~ tS ~Z,~ ~ · , -~a aaO9~ - :.:'--. C~°~ '
·e ~S ~=~ ni ~i~
~0" ~. ~5~ ~" ,
i~O~ ~" -nd the~ "-
to th ~4~v ~ag "~ing ~Le~ ~c~ it . txs~o~,' ,67
~e ~*--_ ~f ste~- ~--iant, ~ -~- ~eXt ~ ~2-~6 _
2.27
he would make the same recommendation concerning this request of the
Jaycees. The City Manager said there are certain features' and infor-
mation concerning such activities in Delray Beach that he feels Council
ia in need of and would be desirous of prior to making such a decision.
Mr. Croft moved that this request be considered at the next Council
workshop meeting, the motion being seconded byMr. Talbot and unani-
mously carried.
Mr. H. Sheldon of the Shelaon Enterprises, Inc., owner of the carni-
val, said the City demands certain insurance coverage, and obtaining
that coverage requires at ~aSt ten days t/me~ therefore, he would like
to know at the earliest possible time if permission for said carnival
is granted.
The City Manager said he would endeavor to arrange said Council work-
shop meeting prior to January 5th.
10.b. City Clerk Worthing informed Council that based upon specifi-
cations provided by the City's Director of Finance and concurred in by
the City Manager and the City's appointed insuranue advisory agents,
the following bids have been received for providing the City with work-
men~s Compensation Insurance coverage for 1968=
Atlantic Insurance Agency $20,774.00
Delray Beach Insurance Agency $22,811.00
Further, it is recommended thatthe low bid be accepted.
Mr. Talbot moved that the low bid be accepted, the motion being
seconded byMr. Croft and'unanimously carried.
10.b. TheCity Clerk informed Council that on November 10th, Council
declined to accept an offer of $50.00 for an obsolete 1961 Harley-
Davidson Motorcycle, which had been made at a Public Auction of City
owned obsolete equipment, previously authorized by Council. Further,
Council did authorize the City Manager to re-advertise a Public Auction
for receiving bids for this Cycle, and it is recommended that an offer
of $200.00, received at the auction, for the motorcycle, be accepted.
It was so moved by Mr. Merritt, seconded by Mr. Croft and unanimously
carried.
10,d. City Clerk Worthing presented Bills For Approvas as follows=
General Fund $275,049.35
Capital Improvements Construction Fund 3,353.19
Construction Trust Fund 22,734.93
The bills were unanimously ordered paid, on motion by Mr. Croft and
seconded by Mr. Merritt.
The meeting adjourned at 9;43 P.M.
R. D. WORTHING
City Clerk
APPROVED:
/S/ James H- Jurn~v (vice) . .. MAYOR
-5- 12-26-67
2 2 7 -A
RESO~.UTION NO. 29-67.
RESO~TI(~. OF: THE ! CITY COUNCIL OF
~ CITY OF D~Y B~, ~OR~A~
~THORIZING T~ P~C~E OF A PAVING
~CHI~ WIghT C~ETITIVE BIDDINg.
~, the City Council has received a w=itten
re~endation from the City ~an~er that a specific
paving machine ~uld best serve the ne~ of the City,
~d ~hat it ~uld be useless to pre, are spe~if$ca~ions
for sealed =om~it~ive bi~ding since there iS apparently
o~ly one company ~ich manufacture the type machine
and .~
~, the City Co~cil de~s it in ~he best
~nterests of the City to purchase a paving machine promptly,
N~, ~0~, BE IT R~D BY THE CI~ C~NCIL
OF T~ CITY OF D~Y B~, ~IDA, ~ FO~S:
~mt aut~rization is here~ grated for the
purchase of m ~av~g machine known as a Layton p~ver fr~
H. ~. Mason ~ipm~t, Co~., for..the.s~
without competitive bidding aS'pe~it~ by the Charter
Code of ~dtn~ces of this City.
~ASSED ~ ~O~TED in regular session this Z6th
of
Dece~er,
~967
/s/. A%. C- Ave~ .....................
MAYOR
ATTEST ~
/S/ R. D. Worthing City. Clerk
227-B
PROPERTIES IN VIOEATI~q'OF ORDINANCE 'NO. G-.147
AND SECTI(~gS 15-3 and 15-4 ~ T~ CI~ CODE.
CITY
~.~ ~D~SS ~0~ ~SC~T~O~ ~OD~
1.
Pennon, Inc. West 129,~S feet of N.W. % 15-3
P. O. ~x 2207 of N.W. % of N.W. ~ ~d that &
Ft. Lau~erdale, Florida ~art of S.W. ~ of N.W. ~ of 1~-4
33303 N.W. ~ lying North o~ Ge~to~
Road, less Nor~ 53 foot
Section. 29-46-43. {1625 Germ~o~ Rd.)
Chiles E. Se~idt Lots 1246, 1247, 1248, 1249, 15-3
456 Co,nut Palm Road ~d 1250, Plat 93. ~op~e Palms. &
Boca Raton, Florida 33432 (1614 Ge~anto~ Road) 15-4
3.
Sadie Sun~ ~=th 92 feet of So~t~ 492 feet 15-4
P. O. Box 27 of West 13S feet of Block 7~,
Delray Beth, Florida 33444 (211 & 215 South Swinton Avenue)
4.
No~-Sara Corp. Nor~ 70 feet of East 135 feet, 15-4
4 Eas~ AtL~tic Avenue Blook 71. (202 S. $. 1st Avenue)
Delray Beach, Florida 33444
5.
Alfred Bom~ck & Eu=et~a South 50 fee~ o~ North 120 feet 15-4
Robinson Mills of East 140 feet, Block 71.
19 N. SaI~ Road {208 S. E. 1st Avenue)
R~dgef~eld, Connecti~t 06877
6.
N~and, Inc. South 42 feet of North 162 feet 15-4
c/o Mal~ Neuwahl less West 135 feet, Block 71.
1909 H~rison Street (212 S. E. ~st. Argue)
Holl~od, Plorida 33020
Violations 1~-3 and 15-4 as concerns th~s re~rt are as follows~
i. 15-3 - Garden trash
15-4 - H~gh weeds a~d ~dergrow~h
2. 15-3 - ~arden trash
15-4 - High wee~s ~d undergrOWth
3. 15-4 - Un4~rgr~h
4. 15-4 - Hea~ ~dergr~th on parts of the
5. 15-4 - Hea~ un~gro~h on parts of ~e lot
6. 15-4 - Hea~ undergz~th on parts of the
Submitted to the City Council by the City Manager
th~s 26th day of December, 1967.
· 227-~
· SUPPLEMENTAL AGREEMENT NUMBER 14
ENGINEERING CONTRACT
CITY OF DELRAY BEACH, FLORIDA
WHEREAS, the City of Delray Beach, hereinafter referred to as the OWNER,
and Russell & Axon, Consulting Engineers, Incorporated, hereinafter referred to as
the ENGINEERS, entered into a contract for engineering service~ dated, the 30th day
of September, 1959, and
WHEREAS, the ENGINEERS have informed the OWNER that it would be in the
best interest of the OWNER to provide competent field 'engineering and surveying, for
planning sanitary sewer extensions to certain areas west of the present serviced areas,
and more particularly described as:
That area bounded on the north by Atlantic Avenue, on the east by the
right-of-way of 1-95, on the south by South 10th Street and on the west
by the Lake Worth Drainage District equalizing Canal No, 4,
NOW, THEREFORE, the par~ies hereto mutually agree as follows:
1, A field survey party, that commenced work on December 11, 1967 in the
immediate area, will continue thereon until sufficient engineering data is available,
for the above mentioned area for factual preliminary cost analyses of the sewerage
projects.
2. tt is estimated that costs fo? field engineering and survey work will be
$750.00, more or less; to be determined by actual payroll costs as multfplied by the
factor 2.0 to cover overhead, administrative expense and reasonable profit. The hourly
rates per person proposed under this agreement are as follows:
Design Engineers $6.50 per hour
Survey Party Chief 4.00 " "
Engineering Aids 4.00 ....
Instrument Man 3.25 ....
Draftsmen 3.25 ....
Rodman 2.50
Steno & Clerical 2.50 ....
In addition, the ENGINEERS will be reimbursed for travel on the job,
at the rate of 10 cents per mile.
3. The OWNER will pay the ENGINEERS on a monthly basis as invoiced for
providing field engineering and survey under the above terms of payment.
4. The terms and provisions of the contract between the parties dated
September 30, 1959, including all supplements hereto, shall remain in full force and
effect other than as modified-by this Supplement Number'14.
Executed this 29th day of December , 1967.
..· CITY OF DELRAY BEACH, FLORIDA
7TEST://
RUSSELL & AXON
AuthO~l~ze~ ~fficer
AuthoEized Officer