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01-10-66 JA~UARY 10, 1966. A regular meeting of~.the City COuncil of Delray .Beach was held in the Council Chambers ~t ~.O0 P-~M., wt~h Ma~or A~'. C. Avery in the Chair, City Manager David M. Gatchel,'City Attorney John Ross Adams~ and Councilmen J. ~eRoy Croft, tames H. Ju~ney, Jack L. Saunders and George Talbot, Jr., .being present. opening prayer was delive~e~b~y, t~he Rev. Ca~l 1. Storey. 1.a. The Pledge of_ Allegi~ce ~ the Flag of~ the- ~lited States of America was given. 2. The minutes of the sp~ecial and organizational meetings of January 3rd, 1966, were ~nanimou~ly approved, on m~tiOn by~M~. Saunders ~and. seconded by M~. J~rney. 3. Mm. Charles Senior of the Florida Power & Light Oompany presented the City with a check in the amount· ef $?0,419.71, covering franchise payment to the Ci.t.y~of De~lray Beach, showing an increase over the previous yea~ of $1,561.59. 4. MP. Croft informed the Council that the Beautification 0ommittee was not able to get their minutes ready fo~ this meeting. 4.a. A roll call showed the following 0ivic Organizations and representatives to be in attendance: Beach Taxpayers I~ague, Inc. ¥~. J. Watson Dunbar Seagrape Garden Club Mrs. James Bowen Delray Beach Board of Realtors Mr. Melville Brown Delray Beach Recreation Club M~. C, W~. Rice Senior Citizens Club Col. Lawrence Everett Chamber of Commerce Mr. LeRoy Merritt 5. City Clerk Worthing read a report from ~lty Attorney Adams, dated January 10th, 1966, concerning the Fontaine Fox Estate in regard to Section II of the Beach Erosion Program. {Oop~ .of said report is attached to the offieial~ copy of these.~int~tes.) see page 21-E. During diseussion,~ Mr. Talbot asked if there are plans to contact Attorney Nowlin to de~ermine, what his procedure may be, and if he-will act. City Attorney Adams said that he-planned to get in touch with Attorney Newlin this week, but believes that Attorney NowIin will have to wait for instructions from New York and if he hasn't heard anything from New York by Wednesday or,. Thursday ef this week, he would be asked to make a phone call to New YOpk at City expense. Mr. Talbot asked about City Attorney A~ams making a call to Attorney Waohsmith in"New York, and the City Attorney said if it is found that Attorney Nowlin hasn,t heard anything in the next couple of dayS, he would consider making Such a call. Mayor Avery reported that the purpose of going to New York was to sign the Bonds, which was done, and the City has the money from s~me. 5~a.~ ~. Croft referred to a complaint he had received today con- ' corning an open sewer or septic t'ank at 237 s.~ w. 3r~ AVenue; further, that he was informed this complaint ha~ been ma~.e to someone at the City Hall on two occasions with no results. Mr~ Croft said if there is an oDen sewer at that location he Wou~d like to x, equest that- it be investigated and if there is a violation ~0f the City 0r~dnances that it be taken care of, and if the City cannot, handle same, ~he ~ Health Department should be ca~lled in. Ma~or Avery asked that the City Manager act on the request made by Mr. Croft. 5.a. Mr. Jurney asked the City Manager what progress has been made regarding the drainage in the southwest sect~ of Delmay ~each~ City Manager Gatchel reported that at e:~ Px~sent time, he iS involved in trying to establish the ~o.~lon of the one drainage canal or ditch ~hat the City has ~.en using for years, which leads · a ~ght-Of,w~y ~-~o-66 8 for the location of said drainage ditch. ~urther,_that a ceftin property owne~ in that a~ea has notified the City that said drainage ditch ts going through his p~ope~ty ~d".~equeste~d the ditch be. taken o~e o~ so he ~t have access across the'~ to his p~o~e~y on the opposite ~lde. . '. Cit~ ~age~ Gatche~ f~the~ ~epo~ted that ~ps made in the ~ast the City by_Surveyors have desisted the l~atio~ of the d~ainage ditch as a 50 Foot ~i~t-oF-way, but a~ently the ~eoo~ds the City has ~e a~ v~i~ce with the Co~ty ~eoo~ds; ~d ~ attest l~ being ~de to es~ablish staid locatiOn-~ as the p~.ope~ty, o~e~ feels :this d~ainage ditch is ~olating his p~e~ty, ~d it i~ so ~eflected on the tax bills that said p~ope~ty, o~e~ has ~eoetved f~om the C~ty. ~e City ~age~ continued: "~e. location of d~a~age ditch ~s In the cowry, but b~cause this im such a vital location ~d a vital ditch to the City - - - it was ~ou~ this ditch that we ulti~tely drained ~e enti~e ~outhwest section d~g ~e floods oF a c~ple of months ago - ~ - ~e ~eel ~is im of vital po~tance ~i~t now. ~is'~ o~e~ o~s two dese~ibe~ ~a~cels of one e~ them in one section ~d one in the other, ~d the location this d~ainage ditch is ~i~t on the section l~e.e ~e City ~age~ said that it ~y be possible he will hamW~ tO ask ~o~ci~ pe~ssion.~o hi~e ~ abst~ac't cO~p~y to d~te~ o~e~ship of the ditch, ~d l~ that become~ neoessa~y,'~ e~timate the comt:.lnvOlved will be ff~ishe~ to ~.a. ~. Sa~de~s said ~that s~ce Section l~ of the S~ita~Y ~oJect,in the beach a~ea, ls completed, he would suggest a meeting ~ the%ne~ ~utu~e with the to~s to the no, lb~ of De~ay ~aoh ~ ~ attest to work out the ~ates that will be cha~ged said City ~age~ Ga~ehel sai~ he Felt thi~ wo~ld be a very app~op~iate t~ to o02side~ that item~ am the Co~cil will be diseuse~g so~ o~er p~obie~ ~with ~e ~g~ee~s la~e~ ~i~ Week. ~. Talbot suggested that· the Co~eil discuss said ~atem win'the ~glnee~s :be~o~e a workshop meet~g is called;with the othe~ ~d sugg~ted that' ~t be/~lSeussed at a meetinE that i~ scheduled 6.00'.~.M',~ ~u~sday, ~u~y ~t~, ffo~ the p~ose- of discussion the status oF the ~ginee~s ~ piing as to the wate~ t~eatment ~a~ ~e Oo~cil was ~orme~ of a Pa~ ~ach Oo~ty Res'6u~ces ~ ve!~me~t B~d d~er meet~g~to be held at'the ~o~ical Acres ReStam~ on~ ~u~sday evening, J~uary 13th, ~d ~0r Avery said the Oo~eit should attest to attend that m~et~g. City'~age~ Gatehel was ~a~ucted.. te' attest to eh~ge the meeting wi~ the Co~Sul~ing ~gine'e~' ~om ~uary 13th to 8:00 P.M. on .~u~y 20th or 21st, ~d to i~e~ ~e~O0~eil o~ the date . selected. 5.a. ~. T~lbot said that several monks ~ago, the~e was te be ~a on the ~ina ~d ~edgewo~ ~D~tments ~o dete~e where ~e a~luent f~om S~eis berg piped o~ d~e~, ~ asked ~he status ~ ~hat ~vest~ation~ - . ' '~; Talbot .~ointed out that said ~ope~tie~ a~e not ~th~ Ctty~ .b~t there':is a. sewe~ co.ceYlon within two h~d~ed ~e~ of them. . Ctty..~age~ Ga~chel ~ePo~ted t~at ht "lhe t~e this had menti~ed~, 'lhe~e was, no'?aot~Vlty '~the:~~ ~a't the tnVes~ig~ion has" been delayed ~til' the 'businesseS"~e~e open:~g .~he winte~ se~on and assu~ed Counei~ the ,~tte~"~ould be inveetiE~ted so~..' ~. TalbOt asked ~hat'this' ~ttte~ be ~vesttgated ~d that a ~epo~t be made on s~e at the next Co. Oil meeting~ o~ soone~, i~ possible. 5.a. ~. Talbot said't~t the Ge~al Teleph~e Co~y, epera~g on the West Coast of '~lorida, has qu~ m~ I~ge construction us~g b~ied cable, ~d ~ead ~ a~ticle f~om T~end ~gaz~ oong$~g ~. Talbot saAd he feeXs ~ay ~aoh meets the fo~ b~ied cable aS set fo~ in said a~ticle,' ~d 's~ed~ the Co,oil f~d out the policy o~ Drogr~ oF~S~e~n~l~ Te~ne Co, any ~eg~d~g placing oable~u~de~gr~d; ~ . ~ . ~2O~ Ave~ said that he feels ~~e:"has e~ 'for the Co~cit t0 schedule some ~Oo~e~ences wi~ Offfi~I~~ of th~'~'~o~ida Powe~ ~t 0~Y'~d S~e~ Bell Teleph°n~ "C~y ~e~ative ~0 the eventual bUrying of cabl~s~ '~nd that by conference with them, some practical time schedules m~ be arrived at. Mayor Avery then as.ked that City 'Manager Gatchel' set.Up a confer- ence with Council and representatives of Florida Power & 'Light Company and Southern Bell Telephone and Telegmaph Company within .the next few weeks, if possible, in order that this subject may be. explored. 5.a. Fm. Talbot referred to a.. recent Klplinger__letter which states that there is government money for' states and cities for over 250' programs covering such things as recreation, employment, training, health, housing and rehabilitatio, n, and that even though the Council, as a whole, does not believe in ~uch, suggested that the catalogue of Federal Programs be ordered ~Just out of curiosity. Ma~or Avery asked that the City. Manager order- said catalogue as suggested. 5. a.' Mr. Talbot said Shat with' Council approval, he would' like fo~ M~. Le~oy Merritt,r President of the Chambe~ of Corm~erce, to explain the 0hasher of Comme~ce report on "Operation Cleanup in th$ West.em. Section". Mr. Merritt reported as follows: "I .am here to ~.epo~t en s.ome action taken by our Board of Directors that I think will have a lasting and profound effect upon the entire City of -Delsey Beach~ Two weeks ago, M~A JOseph Sante, tRe Chamber of Oomme~oel..Manager, Mm. Eon Ellingsworth, and I met with a representative of the Negro community for the purpose of di$c~ssing a comprehensive cleanup '- campaign and beautification program for the west side of town. It was indicated that the citizens of this area, who are the sponsors of this project, were seeking the 'Chamber,s support~ endorsement and assistance in making the project successful, A discussion was held, du~ing which many of the Directors _expPessed.their desire that 'the Chamber go all-out in assisting and working'with this group. A motion was made by Vice-President Armand MmUw, and seoende.d by .Past President Roy Simon, that the 0hamber wholeheartedly endorse and supp. ort ~his ~rogram, sponsoring prizes up-to $'50.00 for those doing the most outstanding Job cf improvement. ~ne Board cast a unanimous vqte approval for this fine project." Mr. Merritt introduced Mr. Norri~ 'Spells, who originated, and is Chairman and Coordinator of the "Operation CleanUp for the Negro Community". Mr. Spells said that he has felt all of his life that he would like to have something to do with helping clean up the-Negro, community, and that although a lot ef work has. gone into this effort, .witkout-~.:~he support of the City of De]may Beach this p~oJeet woul~ nev~ ~amh its fullest potemtial~ Further, there is an outline of-a pro~gram that will be followed, and the prog~.am has al~ea~y~beg~ln om ~th Avenue, and a committee, ~ccnsisting~of Mm. Charles- Oxi~ine, ~erome'G~ldstein, Matthew Mitchell, Toby'Ware, Albert Tyson and many other young men in the Negro com~mity, has met many times and it~ m~mbe~s' hay& gone from door t~ door asking residents in that ames fo~ help in the ~ le anup. ~ Mr. Spells said that a meeting is desired in the near future with Mayor Avery and City Manager Gatchel to discuss how the City may be able to help with this project. Mr. Spells asked~for the s~pDort of all' the citizens of Delray Beach in this effort, Because if~they are successful in cleaning up and beautifying the Negro community, it will be beneficial to the community, as a whole, With Council in agreement, Mayor Avery assured Mr. SpelX$ that the City would cooperate in every way possible in this effOr~ .and asked City Manager .Gatchel to schedule the desired meeting ~s. quickly as is feasible in cruder that the p~og~am may co~tinu~ with the sistance of the City. 5.a. Mr. Jurney informed the Council that he understands two people have been bitten by dogs during the past week, and. that there are quite a few dog packs in Delray Beach. Further, that the~e is money available for someone to handle the stray degs~, cats, etc~ a~ound town, and if rabies shoBld get stamted, it could lead to :a.~i situation, and he would like to see some action on'. this pam~tcula~ item. ' City Manager Gatchel'reported that he was d~scuss!ng thi~ item with' Mr. Teal of the Palm Beach CountY: He.~alt~.De~%~t ~this a~,ter noon, and the City .is' PrePared tO build ~the hold~ $~oilities, with money pro. vided in the budget, an~ .to p~ovide for the extra help. that will be ne$essaVy to get sai~. program 'under Wayl. Further, that Teal has been very helpful.ln getting In~OPmati.on from. BoFnton Beach~ they have quite an effective P,~gEram, and lt"is ~hdPed th~% Delray Beach will have a.~rogram equally as good or B®tte~. . ~.a. C'$nOerning a survey of pamcels of ~land in ViolatiO~ Of~the City nuisance 'laws presented bY'the City Mana~er~ M~. Talbot' :moVed that Chapter 15 of the Code of Ordinances be ~om~lied with, the motion being, seconded by Mm. Saunders and unanimously carried. (Copy of surveu list is attached 'to the offic'ial copy of these minutes,)' SeePage 21,A.) - .b. Concerning analysis of .Rehabilitation Cost of the Old SeWer · ~ystem, and break-down of' current Sewer Depamtment Operational ~ost, City Manager Gatchel presented Council With.a seven page r.eport..pre- pared by City Engineer Fleming and .Finance Director Weber,'.together with a letter of transmittal from himself, dated ~anuax~y 7th, 1966. Mr. Talbot said-he had studied' this report-, rather carefully, and also studied the operating and income statements, _.and that he feels there will be questions1 and a need fop more itemization~ and moved that .the Council accept this report and set up a workshop meeting in .about.ten days or two weeks, which will. give the Councilmen the opportunity, on their own er collectively, to obtain certain i~fo~- mation and ask questions. The motion was seconded by Mm. Ju~ney ~d' carried unanimously. 6.c. O'encerning statB$ of working plans for the proposed Adult Recreation Co, lex, O[~Y' Manager Gatc.hel informed the Council that in telephone conversation With the' a~chitect today, he' was advised that the working drawings on said recreational complex would be availabXe fo~ Council at their next regula~ meeting. -, During discussion, Mr'. 'Talbot ~SUg~es.ted a workshop meeting to consider the plans, followed bY-formal approval at a re~ula~ Oounoi! meeting. ' ' ' Mr. C. W~. Rice, Chairman~ of the Adult Recreation Study Committee, .inf'ormed the Council that 'he believed said plans ~ou'ld be' finalized within the next two weeks, and agreed that a workshop meeting with the Council the latter part of next ~eek would be good; further, that it is desired that COuncil authorize same .to go out for bids ~t their next meeting, with bids to 'be retUrngd around ~h~ first of March and the contractor to begin e'onstruc%ion when .he is ~y. Mr. Rice said he had been informed by the P~s~dent of the Bowling Club that they hope Very much that nc oonstx~...~on ~i!1 be started before the first of April mhd~ that' they have ~'~ '~la~ger g~oup of bowlers this year, many of them being CanadianS. 6.d. City Manager Gatchel read the following.minutes of the T~affic & Parking Committee meeting, dated December 16, 1965: "Meeting called to order at 11:05 a.m. After considerable discussion concerning the proposal of Mm. Melville Brown to sell to the City ~the North 100 feet 'of Beach Lot 7,' less the West 305 feet thereof~ (~Edn~ Delin property), a.motion was made by Mr~ Kab!er, rsc~mmandt~8 to the. City Council that serious consideration be given to-the acquisition of additions1 beaCh ~a~king 'lots in %he area of Ingraham Street on .the ~outh ~ ~iSta Mar Drive on the north. Motion' S.ee~/ded by~'~. ~Ke~ and c arried. tha~ upon completi~/i'ef ~ .new ~O~lOe '~Xex, site-be cleared and landscaped fo~ additional parking. ~otion seconded by Mr. Kabler and carried. Meeting ad-Journed at 11:50 a.m." It was pointed o~$-that Capital Improvement ~unds could be used for the purchase of o~£~$treet.,parking, and the City 'Manager said-he felt this matter would, necessitate, a workshop session at the time the Council plans for distribution of the Capital Improvement Funds. During discussion, Mr.,. LeR~oy Me=rit~, 'Chairman of the' Traffic & Parking Oommittee~ pointed out to CoUnSel that the Committee did not recommend the purchase .of this PropertY,..4. in particular,.1 'lO~6but they did recommends.that consideration be g!~en:~to~-~roviding a parking that area, further, they considered the $§.0~,000~. asked for party to be Peasonahl~. M~. Melville L. ~own, Exclusive Real,Estate Agent fom t~e owners of' the property offered for sale, informed the 0ouncil that a time limit of January. 1; 1966 was placed on the ~offer~at the time it was first presented' to'the City, but that it ~S' ~ow offered .at $~at same figure, subject to-rental'for the season. ~k~rthem, that they cannot let it 'go %~n~cugh the ~hole seas-on without o~f'ering it for sale to~ the public,', and at ~that time, it will be plac~d on the open market a~ a higher price. Mayor Avery said it had beam sugges-ted that.the Council~proceed with an analya"l's of the Capital Improvement Funds,_ and that a .decision be made as to whethe~ or ~ot the.. Council desires t~o--pumchase this parcel~of property that .has been Offered.- Mm. Talbot said ~here are several different proposals concerning pamking ~et~, and moved-" that all of the. offers on parking areas for the City be listed in 'such a. ~form so that at the- first meeting cf the Council'conce~ning allocation ~6f funds of the Capital Improvememt Program, they can .allbe~studie~.. The motien was seconded by M~. ~aunde~s and. carried unanimoualy.o 6.e. Concerning a proposed parking lot On Bronson Street, City Manager Gatchel reported te C~ncil as follows: "Gentlemen, this item first appeared on the agenda back~ in August when the agenda refle, cted that the Presbyterian Church on Bronson S.treet requests, minor im provement cf a parking lot owned by the church in exchange for'making said lot available to the public for free parking on week days, Monday.":~hru ~aturday. The Planning Boamd considered this m~tter-and they suggested to Council that the matter be referred to the Tr. affic & Parking Committee and to the ~.City Attorney in an effort to p~ovide' such additional pamking facltl~ies, if it is feasible and a satis -- factory arrangement can be ac~complished. The Traffic & Parking Com- mittee ~then agreed with this. matter and it' was referred to the Adminis- t~etion and the Attorney. Since that time, there have been numerous conferences between the Oity Attorney, Mm. Adams; Mm'. Bob FellOWs, re- presenting 'the PreSbYterian ChUrch; City Engineer Ma~k myself. There has been a total of three leases prepamed. Each ~time we got one prepa~ed~ it went back for further consideration. There have 'been three ~ifferent~plans for a parkLng prog~am~prepamed~-using a perpendicular style, using'"an angular style of parking, etc., and- finally, this third cody of the lease was agreed upon through the Dresentatives of the Presbyterian Church, through the ~efforts of their A~torney, Mr. Fellows, and through the efforts of our City Attorney, Mr. Adams, which provides ~for several'pages of provisions, the main one belng.'that the Lessor, the 0hutch, would have exclusive use of the lot during Sunday morning. The City would agree to so si~l the' lot, Droperly"sign it SO the public would know this; that the Lessor, the ·Ohurch, could use it at other times, exclusively, when they had some Church meeting .when it required the use'of considerable parking; that · the City Would improve the ~amking lot; the consideration of this lease being given for the sTM of $1.00.- W~ will have to rework B~onson Street to provide for' p~oper drainage off of. it int$"am' inverted cr~;'ln fact, provide fo~ the draining of the lot out Atlantic AvenUe, and that the Lessor would have a chance bo sell this p~operty if-it Were sold' as a portion of the entire Church property ther~ tha~ the City would have a chance to come in and exercise a thirty day option to purchase if it were not to be sold as a .portion of the ~hu~ch propemty. ' I am trying to brief these because there sma quite a few pr'ovisions there~ but one of the main ones I will read its entirety. ~Provision No. 7. As a part cf the conslde~ation movi~ .tq. the' Lessee from the Lessor, the Lessee agrees that the Lessor may text%nato this'lease at' any time after one year of the term has elapsed · ~y giving to the Lessee~ notice thereof, 60 days prior thereto, and paying to the Lessee a ~um equal to the~ improvements located there$n, diminishe~ by the sum ~f one ~$Dth of the. co~t. ~. In .Other we~as~ this investment on' the-Clty~'~a~$ W.$uld decrease at the'. rate of ten ~eP cent per yea~,-to a p~lCd te~ 2ears hence when the Ci~ty would ha~ no vested interest ~in'the~ ~reve~en~a. Which .they put on it. I go any f~ther' il~to 'th/s. because I believe the Oouncil will'want to consider this"~at a'further meeting concerning parking there, but I did. want to b~ing %~' you, and I hesitated in providing Ccun'eil with additional copies of a-plan of parking, but the ~ ' . ,_~ -5- 1-10-66 o~iginal cos~ which ou~ ~ginee~ c~.~' sf~h~.8~~ ~n nei~berhood of $7,000.00 o~ ~ little Aess a~ es~x~ee coed,nave now, ~ecause of the beautification ~d some ef the sha~ there where ~heav2 e~ip~nt would have a difficult tim~ working, the estimated cos~t for p~ovidfng this park~g facilit~ is $9,465.00. Gentl~n,~ I br~g i~ ~o you at this t~e because I~ealize Co~cil has several other DroJe~ts concerning p~k~ng ~hich you ~s.t ~onsider, ~d I do feel tha~ ~s proposal of the i~ovement of the Presbyte~i~ Church-P~k~g lot h~ gotten a little bit above it~ o~iginal concepti~, ~ef!ected in the ~agenda as he~g ~emen~. I believe this is a little ;bit ~bove ~d beyond the le~el ~ ~nor ~roVements at this t~e." ~ing cements, ~. Croft asked if ~e cost ~emtioned ~cluded cost of drainage,· ~d also asked how ~y c~s said p~k~g lot w~ld ~cc o~odate. - ~e City ~ager i~ h~ that the quo~ed cost did include drainage,. ~d the p~ki~ lot would accomodate ~ c~s. ~,.~O~oft said- that he is aw~e of the n~eed~ for mo~e pavk~ lots, but questioned ~e ~o~t of use ~e public would g~t from that parking lot, because of its dist~ce from.the beach. ~. O~oft suggested, to ~ke the'p~king lot ~e useable ~d mo~ '~' a benefit to the City as a whole, that a wal~ay~ stvai~t t~ou~ f~m the parking lot~to the ~beach be pvovided,..~ich w~ld also help the business p~opld ~ that area, as parking .is critical for' these businesses, ~urthev, ~ such a wil~ could be provided, he feels the spending of City funds to i~vove said ~k~g lot would be Justified. City ~age~ Gatchel Said that he' Is tn~ ag~ee~nt with the suggestion of ~. Overt, ~ that such ~ access to ~ean ~ulev~ ~ t~ ~blic b~each ~om .t~e parking ~t wo~ld ~ke.~s ~ entirely different question. ~' It~ . ~. ~Roy Men,itt co~en~ed as f.oll0~ ~h~"that ~at Co~i~ Croft has had to say has ~eat me,it indeed, ~d I ~11 say also& not ~ defense of~ but ~ e~l~ation of' ~e proposal that c~e $o y~u f~om the' P~k~g ~d Tr~fic Co~ttee, that the final le.~e~s co~letely new to us. I have been in ~11 of ~e co~erences, ~d ~.e~ta~ly, as 0hai~, I. have been there every t~'~ and t~s is not even the s~e thug we have talked-ab~t. ~e first R~ice we he~d was in the nei~bo~hood of $6,000.00 to $7,000.00~ which - included everythi~. ~is thing you have pm~possd here t~i~t, we ~ow noth~g about. It is a~st like a new sUbject'~ Oerta~lF, I agree that it should be by ell'~a~' be be~Ut~ied~ but this is ~ke a new situation, listening %o it-here toni~t, f~om ~hat we orig~ally pPoposed ~" ~yor Avery co,ended as fellows. ~Gentlemen, it See~ to me ~e~ ~ ~o ~e ~ Co~¥ee~ ~ ~ev~e~ ~ ~e ~e~ o~ access, ~d the City Ad~nist~ation e~16~e~ the possibility with s~e of the prope~t~ ~ers of 'gett~ acce~ direCtly to the oce~ ~ ..... easement, ~l~ay, per~ssion of access for the purpose of getting to ~e oce~ --- ~fore you~ c~ take ~y f~her consideration. DO I have such a motif?" ~t was so moved by ~. 0reft. seconded by ~. ~ ~'ty ~er ~atchel sal~ there was no in~ent~on to b~ass 2he ~raffic & Pa~k~8 0o~ttee, that this ~tter.w~s ~proved by all- concerned subject ~o ~be~g we~ked o~ ~ ~ gat~sf~eto~ ~e~, ~d t~e reason ~his matter was brou~t to Ce~cil tonight was dete~e if it' is ~he Oo~cil~s opinion tha~ this is a satisfac~o~ manner; f~ther, that i~ would be pmoper to refe~ same back to the Tr~fic ~d Park~g Oo~ittee at this ~yor Avery e~la~ned that' ~e moti~..~efers ~ item ~c that Co, tree for thei~ recomendatlon, also ~i~eots ~.'Adm~i~ation to e~lore the possibilities 0f e~emen~s, which ~e Ad~ni~2ion s~culd ~ke available. ~o the ~fic ~d P~king C~ittee ~ that would be a vital p~t ef 2hei~ c~side~ation, Atto~ey Robe~ Fellows of the ~e~F~e~i~ ~urch· said. he is interest-ed in. gett~g a bre~kd.o~ of tB,~ [$9,400.~Tig~e, ~ ~d ~0r Avery i~ormed h~ that ~it could be cbta~ed from ~he City ~a~e~. ~. ~eth Jacobsen sa~d that Bronson Street d~ains direction ~d ~kes a d~ai~ge problem. · '~on call of ~oll q~ She moti~ ~ega~d~g the p~k~g lSt, the -6 - 1-10~66 ?.a, City: Clerk Wor~hing'.i~_~Ormed the COUncil of a petition havi~g been received from Dr. Paut~Eo Demick for a change' of zoning ificati6n~ ~fecting'~ts 3~.~d B0,~ Block 12, ~li~?ark s~D, f~om ~e. lli~ Districts wi~ Oon~iti~nal'use for a· ~dt~at Cente~, ~theP, that the Co~cil may deny or refer this~ ~eq~est ~o the PI~ Zoning Bo~d fo~ a public he~g to Se h~i~ thereon, folIowed~by the Bo~d~ recomendation a~ a result thereof. .~' .... ~. ~Sa~d~rs moved that said request be ~efe~red to the Pl~Zen~g Be~d fo~ publl° hea~g ~ thei~ ~eco~nda~ions. ~e motion was scoop.ed by ~. T~tbot ~d c~ried 7.b. City Clerk Wo~thing ~o~ed ~e 0~ncil ~at ~. ~olpH~ Oa~t~i~t ~e.quests~ permit f~ 's'mle of beer with cons~tion elf the premises, said bus,ess tO be' conducted· ~ conJ~ot~on with ' ' Oa~t~l~t~s ~ ~Q at 70~ West 'Atl~tiC Aven~, ~d that the applic~% has been ~vestigated by the ~to~ agencies for the City ~d approved for such acti~ity~- Pollow~g discussion, ~. Croft moved that said request be ~ted. ~e motion was seconded by ~. Sa~de~s ~d c~ied 8.a. City Clerk Worth~g presented ~80L~ION NO. '1~6. A ~SOL~O~ ~ T~ CITY C6~CIL OF T~ CITY OF ~E~AY BEACH, ~LOR~A~ ~SES~G O~T8 FOR ~AT~G ~I~AN~ES ~0N OERTA~ ~S L~ATED ~H~ ~AID 0ITT: ~G O~ ACTUAL O~TS ~C~D ~ ~AID:CITY TO'ACO0~L~H UPON SA~ PROPERTY ~ ~ .~0~ ~' SHO~ BY ~PO~ ~ T~ CITY ~AG~ ~ DE~AT ~CH, FLOR~A. (Cop~ of Resolutiom No. 1-66 ~d acco~x~ng a~sess~ents ~e attached ~ the official Oopy Of these ~utes.)~ See~pages ~l-O-21-D. Resolution No. 1-66 was ~Imously passe8 ~d adopted on~ this first ~d fina~ reading ~ motion by ~. Talbot ~d ~seeonded by~ ~. Eaunders. ~ ~ 8.b. Ciby Clerk Worthing presented ~SOL~ION N0. 2-66 ~T~NT ~ PR~DS IN T~ "O~STRUCT~0N TR0$T F~,~ AOCO~ ~ T~ ~I~T NATIONAL B~K ~ DE~Y ~ACH. ~,~ the City ~ De~ay ~ach has ~ec.ently ~eceived~the sum of $t,981~77~,00 f~om the~proceeds of the sale ~f.$2,000~000.00 Water ~d Sewer Revenue Bon$, Series, 1965, ~ the City ~ich has been deDosited in a "Censtr~6tion ~ust ~d" accost i~ the First National B~k of ~ay ~aoh, Delray ~ach, Fl.orida; ~d ~~ the City Ce~cil of ~e 0ity of~De~'my~ Beach is authorized t6~ te~o~ily invest ~Y monies ~ ~e "c6nst~uc~lon ~st ~d" acco~b in d~ect ~obligatiOns ef the~ ~ited States of ~erica~ o~ in b~ time deposits evidenced by certifimates o~ deposit ~ sec~ed by collateral of ~direct ~bligatio~q~ t~e~U~ited States e~ ~erica, .~t~ net later th~ ~he esti~ted~ ~ate on ~ich such money shall.be needed, ~d ~, the City Co,oil of the City of ~ay Beach'~dee~ it in ~e best ~terest of the .citizens of this o~nity to ~ke oeptain te~y invest~nts of said pr~eeds~, .... ~e ~st National~ B~k 9~ De~ay ~ach is hereby di~ected~ to~ ~ke the fo$1~lng ~veStment~~ in the ~o~ts ~d ~tH the ~t~ities as ~dicated: . ~ . $15o,ooo ~Certifiea~e ~of ~Pesit, Six Mo~t~'~3~% at Nati~al B~M of ~De~ay Beach $100,000 Certificate of Deposit, One Yes~., 4%'at First -National Bank of DeI~ay Beach . 150,000 ~Certifioa~'of DepoSXt, Stk' M~nths~ -3A,% at Del~ay. Beach' National Bank. 100,000 OertifiCate of Depoai.~,' 'One Year, 4% at Del~ay Beach National ~k ' ' 900.00~0 U. S,' 2re~SU~Y Notes, 4%I, due Februamy 1, 1967 PASSED AND ADOPTED this .... day, of JanUamy, 1966." Mayor Avery said that a ~mmittee, consisting of 'Ci%y Manager Oatohel. Finance Directo~ Weber, .Fro. F... J. Tesehke and M~. R. ~reitag, ha~ been appointed for'the purpose of re'comm~nding to 0ounoil investments to be m~de,, and ~ske$. if.. it is the-o0mmittee:s recommendation that this Res61u~:~onlBe paased~ -. - City Manager GatOhel said that these.investments Were recom- mended by said 0ommittee', and that he would like for Finance Di~e.otor Webe~ to report to 0ounciI the net yiel~ that .the ~ity'will receive on the ~. fl. Treasury investments. Mayor.Avery asked Mm. '-Weber to make said report, since it concerns Resolutions No..2~66 and No. 3~66, which is as follows: "~ the .$900,000.00 U. S. Treasury'Notes'referred to in Resoluti°n No. 2-66, which amc due ~ebruary 1, 1967, they are 4% II. S. Notes which we would purchase at 99- ...... ~These are quotations that .I should eXplain as of las.t Thursday ..... --we. would'purchase at 33 3/32% for a~net y~ieId of 4.86%~ In the.next'ReSolution, .t~e U~ 'S~ TPeasumy Notes Of 4% .due August 1,' 1966, We exp~c~"to inv~est $3~0,000~00 .~here and .tho~e notes would yield a net yield'of: 4.70%.' AlSo, we h09e' to invest $200,000.00 in II. S. Treasury .NOtes at 4}%, due May 1, '~967~ These n~tes have a net yield of 4~81%" ex' 4'Ma~'~r Aver. y commended M~. 'Weber and' the Committee fo~ thei~ ceAAen= service concerning the propose~ 'invest~ents~ Re~olution No. 2-66 was unanimousl~ p'asSed and adopted on this first.-~nd --final reading, on motion by M~. 'S~unde~ and seconded by City ~'lerk Wo~hing presented RESOLD~ION NO. 3-66. A RE~0LU2ION OF ~EE ~1~¥ 00UNCIT. 0~ ~EE OI~Y OF DELRA¥ BEACH, FLOI~ZDA,. RELA~INO ~0 INVES~MEN~ OF PROCEEDS IN THE "0APi~AL IMPROVEi~ CONSTR~CTION F;UND" ACCOUNT l~ TP~ DErma_AY BEACH NATIONAL BANE. . WHEREAS, the City of Del~ay Beach has reoentl~ received the sum of $1,188,116.40 from the proceeds of the s~le of $1,~00,000.00 Cigarette Tax Bonds of the City which has been e "C . .. · .. d posited in a apital Improvement Construction ~nd" account i~' the 'Del~ay Beach Na%ional Bank, Del~ay Beach, Florida; and WHEREAS., ~he 'City 0ounci.1 of the' City of Del~a-Beaoh 'is uzA ~'unc ~ccoun~ xn ax~ec~ ooAxg~ions of the U~ited States of America, or 'in barOc time ~epOsits e~vide~oed by Oertifio~ates of deposit and secured' by collateral, bf dire0t obli~a~i'ons' 'of the United states .of America, maturing not late~ than the estimated da-te On which Such money 'shall be ne'ed~d ~ and - ' WHEREAS, the City Council of the City of Delray Beach deems it in.the best into'rests of th® citizens of this ccmmmnity to make certain ~e_z%oora~v inves~me~n~s ~f ~said prcceeds~ 0P DELRAy BEACH, F~ORIDA, as~ ~he Oelray Beach folXo, wing. i~vestments National. Bank is hereby directed to make the indicated. ~ . in the amounts and with the maturities as $115,000 -Certificate of Deposit, Six'Months, 3~%, 1st National.. Bank of :Del~ay ~eaeh - 11~,~00 -Certificate of'Deposit, Six Months, 3,1%, ~ray t~eaoh National Bank 300i000 U. iS. Tre~sur, y'Notes, [~,'D~e A.ug~st 1, ~966 200.000 ~. S. Treash~y Not~-,-4~, ~e ~y .1, 1967 $730,000 P~SED ~d. ~PTED t~s . day of J~uary, 1966." Resolution No~-3~6' was ~im0usly passed ~d adopted ~ this first ~d final read~, on motion by ~. ~ey ~d seconded bY C~oft. .. -. - .... 8.d. City Ole~k Wo~thing p~esented ~$0L~ION NO. 4-66. .A ~SOL~ION'$F T~.CITY C$~CIL ~ T~ CITY " ~ DE~Y ~CH,. FLOR~A DE3IGNAT~G T~/CIT~ ~AGER, ~VID M. GATC~L, S~RV~R ~ CAPITAL ~RO~S. '. ~ ~S. the City of De~ay ~ach has~ ~ee~l¥~eeeived ~he of $1,188,116.40 from the pr~eeds of the~ sale of $1,200,000.00 Cigarette Tax Bonds of She City w~ch has been deposited ~ a "Oapital ~rovement ConstruCtion ~d" accost in ~e De~ayV'Beach Nati~al ~, Delray ~a$, Florida~ ~d · ~ ~, the money~ ~ such accost is to be~paid out p~su~t to checks o~ dr~ts signed by the CitI Treas~e~ and co~ter-si~ed by the. City ~ager of the City. of ~ay ~aCh~ .'but only ~en each such check or d~t is aece~ied by a' cert~icate -sided.By ~the ~per~iser of such CaPital ~rovements, to be desl~ated by the City NOW, T~0~, BE IT ESOL~D BY T~ CITY O0~CIL 0F ~ 0F DE~Y BEACH, ~LORIDA, as .follows: ~ co, ii,ce with the Resolution'heretofore adopted bY. th'is~' Co~eil authorizing t~ issu~ce'of $1,200,000,00 CXg~et~e T~ Bonds, David M. Gatchel is hereby desisted Superviso~ of CaPital ~rovementS for the pu~ose of certifying disb~sements f~om the "Capital ~rovement Constructi~ ~d" ~acce~t in ~e De~ay ~ach Nati~al ~k. P~SED and ~O~ED. this~' day of J~u~y, 1966." ~' TaI~ said that~ ~e is in fave~ ~ sai~ Resolution, but asked ~ the Co,oil would still make their approval of pa~ents prio~ to the approval, of the City ~nage~ ~d CiSy Attorney Ad~ said that the Co~cll.would approve pa~ents,~further~ tHmt the bond resolution requires the appointment of some s~ervisor, but he woUld not act ~out Oo~cil ~ppr~val. ' - Resolution No. 4~6 was ~ously. approved on th'is' first ~d f~a2 ~eading, on motion by ~. Croft '~d seconded by ~. ~ney. 8.e. City Clerk Worth~g presented ~SOL~ION NO. 5~6. A ESOL~ION 0F T~ CITY C0~CIL ~ T~ CITY ~ DE~AY EACH, FLORIDA, ACCEDING ~A NO. 19 OF S~IT~Y SEER PR0~CT NO. 5764-8b ~ 0PE~TIONAL ~ SETTEG T~ ~FECTI~ DATE ~0R ~ INITIAL SO~D~ ~ ~S, ~ES ~ ~R O~GES T0 ~ I~0SED FOR T~ SERVICES ~D FAQIL~ES F~D BY SAID ~ ~0. ~9 ~ TE SEER (Copy of Resolution No. 5-66..ts attached te th,'offi~ial' ~opy these ~utes. ) See Page 21-B. Resolution NO. 5-66 ~s ~~sly passed ~d adopted en this first ~d final ~ead~, on ~tion by ~. 0tort ~d seconded by ~ey. City ~age~ Ga~hel Pepo~ted to Council as follows: "~e O~nt~acto~ has ~eco~nded that thi~-mystem be' accepted, in ~hei~ teleology ~fe~ use ~ly~,'aS to a t~ schedule the Co, oil ~y look fo~d to. With~ the ~xt ten-days to ~wo'wee~, the contractors eSect, te wind up ~e test .period of this system, to' do the cle~ work that is still necess~y in ~ea 19, ~d~ then p~oceed wi~ f~a~l tabulation ef ~e f~s required~ ~ly'at .~at t~e w~ld a ' ' '~9- 1-10-66 ~c.ont~a~,~a:~ele~a~e be fina!t.~ed, So'-it is still a period cf ten days a~e ~e~ ~e~ ole~up is Aeces, aary.,." 0.~. ~. S~nde~$~efe~red ~ ~ le~te~ 'f~om ~e ~fioe of the of"$~,993~..00 fo~ e~enses i~v~ed as a,.result of d~ aaUsed' 'by City ~age~ Gatchel ~epo~ted said ~o~t covered ite~ of 0i~y e~ense fo~ ~ioh ~e CiAX' is being ~eimbu~sed, ~d ~he 0ity has to show invoices fo~ eve~ b~t of t~a~ ~o~t. ~ ~he~, ~a~ t~e has paid out ~oh mo~e ~ ~at ~t of money, but ite~ dea~ with ~ecreation ~d ~hings of~a~ ~atu~e ~e not ~e~bu~seable ~de~ the ~ede~al Disas~e~ ~. It w~ -also repo~ed tha~ this money.,go~s-:into the ~ene~'al, ~d ~d o~ot be used un~il ~he next fiscal 'City ~age~ Ga~ohel was co, ended fo~ his e~eXlent work ~ prep~g ~e request fo~ said '~eimbu~semen~. ~s 'left foll~ng inst~lla$i~ of sani~y sewers ~. ~a~ ~ea. City ~nage~ Gatohel said Sha~ he woul~ personally se~ ~ha~ ma~te~ is ~aken e~e of. 10. '~. ~albot sai~ ~hat he ~de~s~da ~be~e'wi~l be app~ox~e~ $500,0~.00 paid bao. k ~o ~he ~a~er ~d Sewe~Su~lus ~d on money bo~d f~om ~at ~, ~d'.that ~e Oit~ is aoC~lating a oonside~ able ~o~ of dep~eo~ation~on ~he sewer s~em, ~d asked if ~ney could be used by ~he Oi~y Ad~nist~a~ion without the approval of ~he 0o~cil. ~. Webe~ ~swe~ed~ "~one of ~is money o~ be spent ~lesa'it is appropriated by ~e Oi~y Co,oil. ~ ou~ ~dget approp~ia~ion~ we refe~ to h~ much we e~ect ~o spend ou~ of cu~Pen~ reven~. ~d How ~ch we e~o~ ~o spe~ out of p~ior.ye~sl ,~venue. It c~ ~17 be spen~ by appropriation," by ~he Oi~y in o~er to'~ke other p~e~ies oonti~o~ to ~e City fo~ ,~exation pu~poses~ ~d said ~ha~ he fee~ ~he Oi~7 has ~en ~ a g~eat respo~ib~ity ~n ~ex~g ~heae ~ays~ as far as t~fio cont~oX is concerned. ~rthe~,' there ts a very bad tr~ftc situation at the ~ood ~air Sto~e ~orne~, N.~. ~h Street ~d N~th ~. ~ C~ Attorney Ad~ e~la~ed ~$.~ At ia the State a ~o~i ~l~2~ach Police should be reap~sib~ef~'~~:~e Speed l~its, ~d that he ~derst~ds they app~ecia~ the ~~Xty to consol the mrea as they o~ sl~ ~e t~le dO~ be~o~e Xt gets the City. ~. C~oft said he feels it is the respo~ibility of the City try to p~o~ct its citizens in' that '~ea~ ~d moved that the State Road ~p~ent be requested to make a t~fic s~vey of the N. E. ~th Street intersection wi~h Federal ~, ~d that this su~ey be ~de du~g this season~ if possib~. ~e~m~ti~a ~eecon~ed by ~. Sa~de~s ~d c~ied ~un~usly. 10.X~ ~. TalbOt ~o~ed th~ncil ~hat .~he~e is ~a co~ide~mble ~t o~ tr.~ic ove~' N; E, ~/~ee~j~d 'asked l~ th~ intersections 0~ N. E. ~h~ Et~eet wl~h N, E. ~~l~h Avenues?ceQl~ alee be included in the request $o rheostats ~oad ~part~nt fe~ ~fie s~veya, ~d so.moved. ~e motion ~s seceded b~ ~. ~ey ~d ca,tied ~oua ly~ 17 be run to a prop'~rty line 0F' some' less conspicuous localS.on, ~ plantings'~Iaced 'amound ~them, but' .there wout~-~.be'.s~me ~s~ .~v~lve'd. ~y~P 'Ave~ asked: that"these ~t stations be'. su~ed :~d a cost estt~e sub~tted to Co~cil. " ~ ' .... a~%~Ue ~d 4th $tveet location that was b~oken .at ~$.. =~,~ ~ s~it~y sewer.~stallabi~n.~d not'repa~ed. .~e ~ity.~agev was directed to suvvey that ma~ev also. 10.x. ~. ~rney repomt~'to 0cuntS1 that ~he~e is a Junk auto,bile next to th2 .City li~t si~ ~..N..-W. hth Street that d,oes not ~ke a' good appeaP~ce fop the .Oity~ ~d asked if s~e could be~Pemoved~ ~yo~ Avery asked the City ~ager %o s~ve~ 10..x, City ~age~'Gatohel read ite~ 3 ~d ~.of~the foll~g le~ev "1. As of this date, J~uary 7, 1966, you a~e hereby for~lly advised tha~ ~ea 19. of the De~a2 Beach~e~ System is re'Ady fo~ use. 2. Yo~ consulting engineers ~ave carefully ~spected, ~d checked out ~his system, ~d ~eco~end acceptance' for use ~ aocord~ce with ~. 3~-Page ~ of the specifications gove~ing this contract'. 3. ~e co~letion date-cf %his contract w~ December 1, !96~. Howe~e~, L~$[..S~at$.~ 19 was. d~layed ~wo. ~nt~.. by a strike at the ~e~ic~_ Well Works ~e~y, the specified p~ supplie~. . ~ ~e c-ont~ecto~ has cooperated fully, ~d w~ked diligently since the ~r~val on the Job of ~ft Station~ 19. Collecting l~eS, ~d .force ~s. were co~leted.'.. 4. ~ view of t~e above f~o%s it~ Ss meco~ende~ that no penalty he asseased on ~s con. t~aot. "' City ~ager Satchel said ~at he would like. to.eoncur ~ Neff~s reo~endation ~h~t no penalty be ~ssessed--on s~i~~ ~. ~a~ders m~ed that the reoo~emdation be appro2ed, ,~he m~ion being seconde~ by ~. J~ney ~d ~imously c~ried. lO.x. City ~agem Satchel i~ormed %he 0o~oil that the city ~ De~ay ~ach ~ been asked~. to p~ticlDate-~ adve~is~g n~ prepped for ~h6 publicati~ ~. the offiolal.progr~ of~-. the ~uise ~ch 25th, 2~ ~d aTth, 1966~ ~rther, thai this project.is sPo~ cored by.the ~ay ~ach.'Oh~ber of C~rce, ~d the..req~est .is that he OltY D~rchase a lull p~ Id ~ said pro.grm~ in.the mo~t of 250.00, ~d that if said request~ is ~Cated, !~ ls reco~nd6d tha~' ~. Sanders moved'that said request be approved and.-.~hat money ~ove~", s~e be t~en from the Cont~ge~y F-~d-~ as re_oomend~d. motion was s~conded by ~. ~ey ~d o~ied lO.x. Ol.~ ~agev Ga~ch~pepprted that f'or. ~he ~ime beimg~.' the ~ oar re~al progr~ ~as'.~eds that 127 ~ehiol~s h~ve'been 'removed f~om t~ 0i~y li~t~ .a~,~e 0ounty Oo~sston has .told the contractors that ~ey will nos be al~ed to~ b~ing ~ mo~e such ve~cles into the ~ea provid~ b~ ~he" Co~7 ~til d~posal is made' ~ some '300- aut~obites tha$ ~e ~n ~he ~a provid6d. ~e City ~ager reported ~her: "~e-O0n~acto~ Is Prepared, ~d is ri'ow undemt~g the .~~ 0f diSm~t!~ ~hese oars, smash~g ~he b~ies so ~at they' ~ be o~ed aS ~oh as possible, .~d.the only ~ke~ ~or-these, as'.I ~ead ~ the pa~r, is ~ T~a, ~d ~ey ~e havSng ~9 hagt ~h~se J~k ca~s to T~ to. d~os~f them. ~e gen~le~ wi~h ~h~ we are deat~g ~su~es us t~:.he W~X1 be.back ~'.%he J~b/~e in ~e Oi~y ~agem sa~ that he'~$h~ ~e n~ber of ~k vehicles ~emoved f~om De~ay ~Beach is ~.app~O~%el~ one-fo~ o~ one- third of the to~al nu~be~ ©f such' .v.~hiCles in ~elPay. Beach,. th~ this ' no~ of Atl~t~o Avenue~ ~th no 'veh~O.~es he~' ~:~ a~o® ~e C~t~.~age~ ~o~ed ~h® co~c~l that he .wou~ ~ cuss~ a% a Wo~hop ~et~g about a pmoblem ~ ~. B0~ Bo~ne eon- cernin~ ~emoval ~ ]~ vehicles; further, that he'~has ~, ~elS re0o~ds t~o~%. 196~ ~at he would li~ to sh~ to 0o~.0'~t as possible, so that the Co~cil would ~eal~ze the p~l~em 10.x.' 0ity ~ge~ ~a~c~el ~ead~ ~e fol~ew~g ~ette~ 2~m ~. ~eo~ge Frost, Co~t2 ~g~eer,~' dated ~oembe~ 27~ "~e ~d ~ CO~ty C~ssione~s has, fo~ a n~be~ of years, operated a s~d tr~sfe~ ~g s~ation ~ ~he. no~th .side of .the. Sou~ .~ke Wor~ (BO~ton' ~let). ~ pl~t t~s~ers southw~d litto~Al dr~t ~oas the inlet. ~e ~, at its mee~g ~cembe~ 21st, ~eoe~v~ ~ques~ f~om the To~ of ~alap~ ~o~ 'm~ifioati~ - ~ ~ p~ing proeedu~es that have b~en ~n effect .~e ~d agreed to ~et ~th' ~e o~fio~a~s ~ the T~ of. ~al~p~ to thor~ly e~l~e ~e ~d 'i2s possible effect ~ the Afl,tic ~orel~e, both. no~th ~d south of the p~g station. ~ additi~, the BO~d sug~es.ted ~at other ~Ici- palities'looa~e'd.~b~h upd~% ~d d~t of-the pv~ be invited in ~rder that the~ '~ions ~ the matte~ ~y be ~. ~is mee~ting will be ~.held' at the -~lapan Club .wHich is located south of .~t~a Avenue on H~oluxo ~sl~d on Wednesday, J~ua~y 12, 1966 at 10 A.M. Accordingly, you ~e invited to send sueh representatives .of yOu~ ~icipal~tY as You deem appreciate to he~ ~ d~aoussions ~d ~ke oo~ents."- ~e City ~ager said he had contacted-the T~ ~a~ of ~alap~, ~..Jo~ FO~d, ~d asked what ~ To~ of ~alaP~ is really ~equesting of ~e Bo~d, ~d ~s ~ormed that "~e T~ ~alap~ is obJ~ot~g to the ~o~t of s~d be~' tr~sfe~ed across this i~et.*hAh .~ .a~ ~e .~e, sm~ .t~-with no enl~ged station o~.ide~ed. ~the~, .~et~ b~oh !s.dw~d~ away ~d "they that ~th~ ~s' mO~e's~d .berg P~ed ~e:~o~a the ~e~ 'southw~d is ~ivi~ on :~he nor. th side of the ..~et, also fv~ t~' best ~de~st~ding C~om ~. ~ord, the2~'have no e~ineer~g pVoof 0v ~.~ evidence to' 'back ~2~s up. ~7or Ave~7 ~ked ~e Ott7 ~age~ to see' tha~ aX1 .members ~ the ~ao~ ~osion O~ttee ~e ~ot~ie~ :0~ thX~ ~et~,~ ~d. that each of the C~ci~n ~e ~e~nded Wedn~a2 mo~ Of :Ssi ~. Talbot' said ~at he had been i~o~ed .~ha~ even if t~ p~g staten is ~mo~eased five to ten t~es its p~esent capacity, it wo~ld not give ~y ~elie~ to ~ay ~aoh. of l~d to the O~t7 from'~'. ~o?ge 'S, M~f~'that ~e' Co--ClX asked ~at the of.feP be ~e~led~ed ;a~ ~e' O~oil~s %h~ p~essed. ~e O~y ~na~.asked :'~' ~%Ve~ lis a desire ~ the of the Council t6 ~a2oePt'-.~, M0VIkam~ ~s offem, · and ~' theF' des[~ to' ~s~ect t~e' p~oPePtFt h~ w~u~d, like to:'se'~ ~p ~inspection with ~. ~k~[ ~ ~ep~esentatiV~s~ of. som~ of 2he local Oivic that have been vevF Afist~ntal. in ~xs~ itf~. it w~ ~de ~' to Oo~cil that. ~6 subject p~ope~ty is located one Mle west ~ ~lit~y T~ail, t~ Mles south of West. Afl.tic Ay enue, ~. T~lbot asked if 2he C~iesiOner f~om ~e South p'o~tion of the County.had been approached .concerning p~cvision for a ro~d into said property, and the Oity Manager said the O~mmissiener. had not been contacted in this regard, but it is his understasding that such a road is being planned to provide access to a fOr~y ac~e tract, of land that has been donated to the State ef FlOrida ~for'ag~mcUltura- experimental purposes. It was pointed out that there a~e several stipulations that will have tc be complied with if said gift of land is accepted by the City. The City Manager said that one of the stipulations in the deed is that the City maintain fire protection around the forty acre tract, and that a road into the tract would be a necessity. The City Manager was requested to-~contact the South County Commissioner concerning the proposed road, and to arrange the inm~ spection trip to said property, as suggested. 10.x. City Manager Gatchel~reminded the 0ouncil of a gift of ~land from M~. Warren Srimes for the'purpose of building a P91i, e Benevolent Association building and gun range, and that the Ci~ty Of Bo~nton Beach has agreed to the right Of M~.C~s to exten~~ ~Mlssicn Hill Road from its present western terminus to the easterl~ drainage canal,~ which is the City limits of '-.BedSOre to get across ~the canal to sal~~ land donated 'to the ~ity~ Shore will be the'need of a four feet c,ncrete pipe culvert, se~en~ feet in length, to be placed in the manal and covered sver.~. ~u~er. agree~em$ has been worked ~At through the efforts cf M~. Grimes and Jimmy whereby Boyn~on ~eaoR will ag~.ee to ~the !extra, ion of Mission Hill .Road to the~banks cf th~ canal~then ~Go ~m~ssi~er Warren will nee~ a request f~em the C~y, which he can p~'b~fore the Ocunty Commission, to'provide this seventy feet of ~ou~ foot culvert £~ this drainage canal, with the County donating it ~0 this pro'Jeer./ Grimes and his personnel intend to install $%' and to cove~ so that we will have acc'ess to this P~Oper.~Y." ' -' Mayor Avery asked for a motion t~&t S~h a~request be made~ it being sc mov~-d by Mm. Ju~ney. The mo~ien'wAs seconded by Fro. Talbot and carried unanimously. ~ 10.x. City Clerk Worthing presented ORDINANCE NO. 1-66. AN ORDINANCE C~ THE CITY COUNCIL OF~ TEE CITY DELRAY BEACH, ~LORIDA~ ANNEXING TO THE CITY CERTAIN LAND LOCATED IN SECTION ~a8, ToWNEHIP 46 SOUTH, RANGE $3 EAST, WHICH LA~O ~ CO~TI~UOU~ TO W~X~ST~, ~IC~AL LIMITS OF SAID CITY$ REDEFINING ~ BOUNDARIES OF SAID 'OI~:T0 INCLUDE SAID LANDs ~ROVIDING FOR THE Rll~H~AND OBLIGATIONB' Or. SAID LAND; AND PROV~IDIN~G FOR THE ZONING' THEREOF. Ordinance .No. 1-66 was unanimously placed' on. first reading, on motion by M~. Talbot and seconded by~. Ju~ney. _ 10.a. City Clerk Worthi~g presented Bills for Approval, as fell°we . General F~nd $137,254.80 Water Operating & Maintenance . Wate~ Revenue Fund 7 766.53 The bills were unanimously ordered paid on m0tien by and seconded by Mr. Ju~ney. The meeting adjourned at 10:17 P.M. R. D. wOI~H~NO APPROVED: ~O~T~ES ZN ~OLATZON OF ORDINANCE NO. G-147, AND ~ECTZO~S 1S-3 an~ 15-4 OF THE CITY COD~. PROPERTY CITY OWNER ADDRESS DESCRIPTION COD_ ~ 1. City of Delra¥ City Hall ~.E. 12th Street R/W. Beach. .D~.'lray Beach, Fla. South s~e, ~ust 15-3 East of 234 N.E. & 12th Street. 15-4 2. Clarence E. 320 Oakley street Overgr~wnpart of Wahne~ed~er Evansville,. IndiaDm Lot 1, Block 67. 15-4 3. Rev. George A. 1120 N. W. 64th St. Lot 10, North half 15-3 Wallace Miami, Florida of Block 22. & 15-4 4. Mamma a Enoch S. 135 S. W. 5th Ave. Vacant-part of Lot 15-3 Powell Delray Beach, Fla. 11, N~h half of & Block 22. 15-4 5. Irene C. Moore 339 East Atlantic A~e. Lot ~8, Block 100 1~-3 Delray Beach, Fla. & 15-4 6. Bernice Myers, c/o Paul Myers Vacant part of 15-3 et al. P.O. BoX 1114 Lot 19,. Block 100 & 15-4 Delray Beach, Fla. 7. The Virginia c/o John E. Haggart South 25 feet of 15-3 Corporation P.O. Box 2122 North 135 feet of & Delray Beach, Fla. Eas~.loo feet of 15-4 Block 21. 8. EliZa Pryor Brow&rd Paint Co. Inc. Vacant part of East 15-3 Estate 212 NJ Andrews Ave. half of Block 21 & c/o Sidney Fox Fort Lauderdale, Fla. less North 235 feet 15-4 & less South 240 feet. 9. E~T~ Earnest Brow&rd Paint C0.,Inc'. Vacant part Of South 15-3 Conye~ 212 N. Andrews Ave. 100 feet of North 235 & c/o Sid.ney FOX Fort Lauderdale, Fla. feet of East 135 feet 15-4 of Block 21. 10. F. Earl Jr., & P.O. Box 269 East 25 feet of Janet L. Wallace Delray Beach, Fla. Lot 37, Ocean 15-3 Breeze Estates (North part facing Thomas Street) 11. Ethel J. Mackay 127 S. W. 5th.Ave. Lot 8, 15-3' Delray Beach, Florida Block 25 & 15-4 VIOLATIONS 15-3 and 15-4 as concerns this report are as follows: 1.15-3 - Trash and dirt. 15-4 - Weeds. A large mound of dirt covered with weeds. 2.15-4 - Weeds. 3.15-3 - Loose trash and debris. 15-4 - Weeds. 4.15-3 - Loose trash. 15-4 - Weeds. 5.15-3 - Trash, debris, junk & old cars. 15-4 - Weeds & underbrush. 6.15-3 - Trash, garbage, debris, old junk, & old cars. 15-4 - Weeds. 7. 15-3 - Loose trash. 15-4 - Weeds. 8. 15-3 - Loose trash. 15-4 - Weeds. 9. 15-3 - Loose trash. 15-4 - Weeds. 10. 15-3 - Garden trash and dead limbs. 11. 15-3 - Loose trash and debris. 15-4 - weeds. Submitted to the City Council by. the City Manager on this 10th day of January, 1966. 21-B RESOLUTION NO. 5-66. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AREA NO. 19'OF SANITARY'SEWER PROJECT NOi 5964-8b AS OPERATIONAL AND' SETTING THE EFFECTIVE DATE FOR THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID AREA NO. 19 OF THE SEWER SYSTEM. WHEREAS, the City entered into a contract for'. engineering services wi~h Russell' & Axon, Consulting Enginee.rs, on' the 30th day of September, 1959, and 'WHEREAS, pursuant to said contract, Russet1' & Axon signed an ocean'outfall Sewer 'sys£em'~Ogether with lift sta.tions and Other sanitary sewer improvements, hereinafter teleX, red to as Project No. 5964-8b, and WHEREAS, R~sell & Axon was hired 'bo perform consulting and resident inspection services for sa.id Area No. 19 Of Sewage Works Project No. 5964-8b, and WHEREAS~ bY Res61Ution No. 1359, dated November 6, 1961, &nd Ordinance No. G-553, effective July 22, 1964, the initial schedule of rates, 'fees ~nd other charges to be imposed for the services and facilities furnished by the sewer system, are to be- come effective the first day of-the month following the /~ate when the system is constructed, certified for' use by the consulting engineers, and acoepte~d~ by the City; and W~E.REAS, Russell'& Axon has recently certified. Area No. 19 of sewage Works PrOject No. 5964-8b as operational,: NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAy _BEA~H, FLORIDA, AS FOLLOWS: 1. That Axea.~,No. 19 of the sanitary sewer system, here~ t0fore designated Project 1~o. 5964-8b, is heMeby accepted l~y the City as being operational, and the initial schedule.of rates, fees and other Cha~es previously established shall become effective February 1, 1'966. 2. That nothing herein contained shall be construed as dis~hargimg, the contractors from the strict perfor~mance of their remainin~ contractual duties. That each of the contractors, and their b0n~tng c6mpani~s, remain responsible in all resPects until released' in accordance with their agreements with the City,. PASSED and ADOPTED this t~hday of January , 1966. /S/ Al. O.~ Aver~ ATTE ST: /S/ R, D.~W~rthi$K RESOLUTION NO, [~66; A I~ESOL~TION OF ~ CI~ O0~CIL OF T~ ~ OF D~Y B~CH~ F~I~ AS~S~G COSTS ~ A~TING O~ A~L C.~T3 INC~ BY S2~ OI~ TO ACCO~LI3H ~ON ~.~'~0~ IN AN AMO~ AS SHO~ ~ ~PO~ ~ ~~nd 28th of.~c~?ber,.~ 1965 =d~la~e t~ ex~ste~e of-a ~uX2 ' s~ upon certain I~ o~ p.~oe~ of ~d; described ~n a l~St sub- ~ttsd to them, f~ v~ola}~ of ~ ~ov~sXons of ~S', pursuit to such decimation, ~e C~ Clemk Of sa~d C~ d~d f~sh ee°h of ~e re,active o~e~s of the lands described ~n sa~d l~st w~th a ~oty~e[ desc~lb~ns ~e ~e of ~e nu~s~oe ~d t~' ~e~ ~st Gba~e Said ~is~oe wi~ ~hi~t~ (30) days~ fai!i~ tn which ~e Cl~ .0~ciX would-have t~t d°n~,. ~d the c~t ~hePeof would be levied as an assessment aga~st said propertY; and" ~ . ~S' ~e' ~$ herel~.ter' n~d'did fail ~d neglect to abate the ~anoe e~sting ~pn the~ respective ~ds Wi~ t~ time. p~esc~lbed in said 'notice':~d 0~dl~ce G' ~7,. ~d the City of De~ay Beach'~Was 'requi~ed to ~d did ente~ Upon t~~ foll'owi~ l~ds ~d ~c~ costs in abati~ ~e nuia~ce existing ~ereon as deaemibed in'the ~esaid list~ ~d ~S, ~e City ~a~e~ of the ~Ci.~'of Delma7 BeAch* 'has, p~- su~t to said 0rd~e G-~7 ~d t~ City Ch~te~ submitted. to the Oity O~il a repo~ ~ ~ costa incited ~ a~ti~ ~g nula~ce as ~o~eaaid, said' report ~dioating ~e costs pe~ p~cel of l~d inv o lve d, 1. ~at ass'sea,nra in.t~ [~divldual..~o~ ~S sho~ ~y ~epo~t of ~e City ~ager of ~e City of.~lra2 B~ch, invelVi~' ~e City,s cost of abati~ ~ ~esald hUla,es:upon ~e lots ~ p~- cels of l~d described ~ said ~eport, a copy ~f whi~ is attached hereto ~d ~de a P~t hereof, ~e levied ag~st. ~he ~p~CelS ~ desc~ibed on Said :'report ~d ~ ~e ~o~ts ~dioated. thereon. Sa~d assessments so levied s~!l be a lien ~on ~he lots and pa~els~of~ ~nd descried ~ said report, ~ ~e s~e nat~e and to the S~ e~tent as the lien fo~ gen~al ei.~ taxes s~ll be collectible in ~ s~ ~e~ ~d ~ith the S~e pe~lties ~d ~de~ ~e s~e p~ovislons .as ~ sale ~d:~oreclos~9 as ci~ taxes ~e collectible. 2. ~at' ~e Ci~ Cl~k of said City shall, as soon as poselble ::~te~ ~e effeotive date, reco~; a certified copy of t~s resolution in the office of t~ C~M ~ the Cl~uit Co~t ~ ~d fc~ Palm Beach Co~ty, Florida, ~d shall fu~ish to each of the owners n~ed in upon s~d report a notice $~t the Ci~ ~ctl of the Oi~ of Del~ay Beach, did~ o~ the .2Brd ~ff ~u~st and the ll~h a 28th off October, l~6B e~ ~e abatem~t of ~a ~er~'~xn hUla,ce e~s~ on tBe~deSCPXbed property ~d' p~Operty 0~ ~vi~ failed to abate such nuis~e, ' within ~e 30 day period, ~eupon it w~ abated ~2 ~e City at costs eho~ in said report and such asseaa~nts shall be legal, valid Bind~g ob~gatio~ ~on the P~e~tY against which said asaess~nts ~e levied. ~is resoluti~ s~all hec~ effective 30 days fr~ data of ~option, ~d the a~sesa~nts contained herein ~haX1 beco~ due ~d payable ~ty ~aya ~te~ the ~ili~ date of the notice said assessment, ~te~ ~i~h ~te~eat a~ acc~e at the ~ate of 6% pe~ a~ on ~2 unpaid p~rtion t~reof. &anua~ 21.D COST OF ABATINGNUISAN~ES B~VDE~gRDYNA~CE NO. a-147. PROPERTY DESCRIPTION OWNER ASSESSMENT August 23, 19&~ list. - ...... Lot.21 and North 15,,~5 feet oS C.~'.,B,-Me~rst Lot 22, Block2, Atlantic Pines Lot i5~ Block 64 Ruth E~ Kannel October 28, 1965 Ii'st. Lot 5, Block 13, Del-ida Park William Mezoff,~ et~l $35.00 Lot 14,~ Block ~,~ S0ut~hridge Salvatore& Frances ParaninfoI $75.00 ~ 3, 21-E January 10, 1966 Honorable City Council Delray Beach, Florida Re: Repor~ on January 7th conference wl&h Fontaine Fox Estate. Gentlemen: The purpose of this letter is to report on the recent 1½ hour conference that Mayor Avery and myself had with Mr. Frank C. Wach- smith, the New York Attorney, who represents the Trustees of the Fontaine Fox Estate. We feel quite optomistic that we definitely made progress as a result of our presentation. We left copies of the latest survey of the beach, the Giace Engineering Co. report, a deed from another Estate in Section II, and a copy of Mr. Worthing's comments on the value of the land'East o'f A-1-A in its present condition compared to the' value if and when' improved. Legally, the deed must com~ from the Florida Executor of the property, Mr. James W. Nowlin, but the Trustees in New York must also be reckoned with since they also must approve of the trans- action. The total Fox Estate is apparently in the millions, the Florida property comprising Only a small part. I won't attempt to go into too much detail on the way the Trusts are set up, but roughly it is divided as follows: Mrs. Fox - life use of 33% Daughter (incompetent) , life us~e of 22% Daughter (LOndon) - out~ight 22% Friend - outright 16% Six other heirs - The attorney for the Trustees seems sympathetic with the wishes of the City, and I believe he is also convinced that the property will be enhanced in value if deeded to the City. He felt very strongly that it would not be economically feasible for the Estate to retain the 'property and pay for a prorata share of the improve- me nt s. Mr. ,~achsmith seemed primarily concerned with the legal pro- cedures for divesting the property from the Estate without receiv- ing monetary consideration. Naturally, he will wish to rely on Mr. Nowlin's opinion as to how this can be accomplished, but I did give him my opinion that the Probate Court in and for Palm Beach County could in all probability take jurisdiction and approve the transaction if a Petition request- ing such approval was submitted by the Florida Executor. The Court would also probably order notices of such a hearing to be given to each interested party. In summary, we were encouraged by the conference in that we feel that Attorney .for the Trustees is ~sympathetic with'the job the City is attempting to accompl'ish. It WOuld seem to me that the time ele- ment involved is approximately six to eight weeks. I would ..recommend keeping in close touch with Mr. Nowlin during the next two weeks for unless a Petition is filed in the near future, it Will be impossible to meet our construction schedule. I will be happy to attempt to answer any questions you might ~mve in this regard. Respectfully, JOHN ROSS ADAMS City Attorney~ JRA/gkm