12-07-66 D~C~MB~R 7, 1966
A meeting was held at 2~00 P.M., Wec~nesday, December 7, 1966,
in the Conference Room at the City Hall in Delray Beach with represen-
tatives from the municipalities of Gulfstream, Briny Breezes and Ocean
Ridge to further discuss the proposed contract between tb~se munici-
palities and the City of Delray Beach to provide for their use of the
Delray Beach Ocean Outfall Sewer System.
Those present from Delray Beach were Mayor Al. C. Avery, City
Manager David M. Gatchel, City Attorney John Ross Adams, City Clerk
R. D. Worthing, City Engineer Mark C. Fleming and Finance Director
Thomas E. Weber. Also in attendance was Mr. D. R. Neff, Project
Manager of Russell &Axon, Consulting Engineers for the City.
Vice-Mayor William F. Koch, Jr. and Town Clerk William Gwynn
represented the Town of Gulfstream.
Briny Breezes was represented by Mayor Hugh David, Vice-
President Herbert Kessman and Town Attorney Evans Crazy.
Those representing Ocean Ridge were Mayor H. Peirce Brawner,
Vice-Mayor Mrs. Vi Holtberg, Councilman John W. Rossig, Town Attorney
Grover C. Herring,, Attorney Fred Hollingsworth and Public Works Di-
rector William McMorris.
Gary Gooder of the Sun-Sentinel and Jim Kelly of the Miami
Herald were also present.
Mr. Mc~4orris, Director of Public Works for Ocean Ridge,
quoted from the draft contract, as follows~ (Page 4, Paragraph 5)
"It is hereby further covenanted and agreed that the CUS~RS will
at all times maintain and operate their sewerage systems in accordance
with but not limited to the requirements of the United StatesPublic
Health ServiCe and the Florida State Board of Health. The sewage to
be discharged into the CITY's Ocean Outfall System shall meet the de-
gree of treatment as provided by the Florida State Board of Health."
He said that the feasibility study that had been prepared for Ocean
Ridge did not s~ecify the type of facilities, or the cost thereof,
necessary to comply with that particular provision of the contract.
Mr. Fleming advised that he had not prepared the study, but that he
presumed the degree of treatment as provided by the State Board of
Health would be the same as the City of Delray Beach was required to
provide in its sewer system, which is simply straining and chlorina-
ting the effluent to the extent that it is not too septic. Mr.
McMorris asked if the sewage from the three customers would go through
the City's treatment plant. Mr. Flemingpointed out that the City's
main plant is merely a master lift station that sewage from all over
the City goes through on its way to the outfall, and that treatment
is secondary, but that the sewage from the three towns would go di-
rectly into the outfall line. Mr. David stated thatitem was covered
in the report Briny Breezes had received, that in their lift station
there would be a comminutor, which grinds up the solids, and a pro-
vision for treatment of the effluent with chlorine before it enters
the force main.
Mr. Brawner asked what would provide the force to carry the
effluent from 8th Street down to the outfall line. Mr. Pleming ad-
vised that it would go through a lift station but that he did not have
the plans and did not know the exact location. At this point it was
agreed that Mr. Neff should be asked to attend the meeting to answer
any technical questions that might come up.
Mr. Brawner stated that there was a question in his mind as
to whether the City or the individual CUSTOMERS would provide for
chlorination and comminution as there had been earlier discussion
of the 3~ gallonage charge fluctuating because of the changing costs
of these operations. City Attorney Adams pointed out that in the
contract on Page 7 where the 3~ gallonage charge is explained, there
is no mention made of chlorination or treatment, so he would assume
it would be the responsibility of the customers to treat the sewage
before it entered the City's system.
Mr. Brawler asked whether there would be a main treatment
operation just before the sewage goes into Delrayts line or if each
of the customers would have to furnish individual treatment. He felt
there should be one treatment plant so that it could be more effi-
ciently supervised. Mr. Koch said that would raise the question of
where the plant would be located~.logically, it would be in Gulf-
stream close to the Delray Beach City limits, which is highly priced
real estate, and it might be difficult to find a suitable location.
Mr. Crar~brought up the following suggested changes to the
contract, which he had earlier outlined in a letter to City Attorney
Adams~ 1. On Page 8, Paragraph 13, 3rd line, insert the word
"written" before "notification"~in the same line, after "CITY", add
"sent by registered or certified mail to the CUSTOMER". 2. On Page
10, Paragraph 18, 6th line, insert the word "unanimous" after "mutual",
so that it would be clear that all parties would have to agree to
terminate or modify the contract.
Mr. Crary went on to say that Briny Breezes was considering
entering into this contract as a corperation for profit rather than
as a municipality, and asked if anyonewouldhave any objections to
this. City Attorney Adams replied that he was not in a position to
object, but would advise the Delray City Council that he recommended
Briny Breezes enter into the contract as a municipality~ then the
City of Delray Beach could consent in the agreement that Briny Breezes
could assign their rights or operational rights to the corporation,
this opinion based on the fact that a municipality has more permanency
than a corperation. Mr. Herring stated he shared Mr. Adamst views
on this subject, that there are many cases of governmental bodies
contracting between themselves, but a contract between a governmental
body and a private corporation might be open to question at some
time. He said he saw nothing wrong with the City of Delray Beach
entering into a contract with the Town of Briny Breezes and then
Briny Breezes contracting out all or any part of their sewage ope-
ration7 in this way, the municipality of Briny Breezes would be
responsible for upholding the requirements of the contract.
Mr. Hollingsworth, who will assume the office of Town Attorney
for Ocean Ridge shortly, replacing Mr. Herring, concurred with Mr.
Adams and Mr. Herring, adding that a municipality has certain powers
that no private corporation has, such as power of eminent domain,
special assessments when necessary, taxing Pewer. Also, a City is
protected from acquisition of its property by adverse possession,
which might become a problem. He added that property owned by a
private corporation can be subject to claims by creditors whereas a
city is not. Mr. Crary stated he thought the points brought up by
the other attorneys were very valid and he agreed that the contract
should be with Briny Breezes as a municipality.
- 2 - 12-7-66
Mr. Brawner suggested the following changes to the contract:
1. At the bottom of Paragraph 1, concerning the provision that the
respective customers will bear the cost of approval and inspection of
their collection systems prior to hook-up to the Delray Beach line,
he felt there should be some limitation or indication of the charge
for this inspection.
2. At the top of Page 3, second line, the word "original"' should be
inserted between the words "following" and "percentage".
3. On the same page in Paragraph 4, under Gallonage Capacity, there
is a maximum peak load set for each customer. He feels the maximum
for each town should be flexible so long as the total peak load of
all three townsdoes not exceed the 15.9 million gallons per month.
4. In Paragraph 10, middle of the page, where the contract states
"the two items above amount to $117,000.00", insert the words "are
mutually agreed to" between the words "above" and "amount".
5. On Page 7, second line, after the word "retroactively", insert
"using total actual flow per customer from inception of operation to
date of adjustment".
6. In the 5th line of Page 7, change the period after the word
"month" to a comma, and insert "until such charge shall equal a
total sufficient to retire the agreed amount of $117,000.00 and
interest at 3.6% on the unamortized balances, at which time payments
of the fixed charges shall cease".
7. On the first line of Page 8, change the word "but" to "and" and
eliminate the word "not".
8. In Paragraph 12 on the 3rd line, after the word "limits", insert
"and within the feasible collection area of collection installations".
Relative to the last two sentences in Paragraph 1, providing
for inspection and approval of all constructed works of the customers
prior to hook-up to the Delray Beach system, cost to be borne by the
town in which the works are located, Mr. Brawner felt that Delray
Beach should pay for any inspection they might care to make. After
considerable discussion, it was agreed that City Attorney Adams
would change the wording to provide that the City of Delray Beach
would have the right to approve any constructed works prior to their
hook-up and that any expense incidental thereto would be borne by
Delray Beach.
Mr. Koch, referring to Paragraph 12, stated that Gulfstream~s
Town Council wanted a stipulation that this paragraph would apply
only to those properties that are served by the sewer system. Mr.
Brawner said that in his previous comments, he had tried to convey
that meaning~ in other words, the towns did not want to be forced
by this contract to outlaw the use of septic tanks in an area where
there are no sewer facilities. City Attorney Adams stated that the
thought behind this paragraph was that it was only fair to expect
property owners to connect within a certain length of time once a
collection line was available to them. Delray Beach~s sewer ordi-
nance requires anyone within a distance of 200 feet from a collection
line to connect.
City Manager Gatchel sun, ned up Delray Beach~s Pesition, as
follows~ The City needs $1,200 per month out of this system to make
it worthwhile and put the neighboring cities to the north on somewhat
of a comparable basis to what our citizens are paying now. Of course,
part of the charges the three towns will be paying are based on a
gallonage flow and the City would not be willing to invest in this
system if it didntt receive 100% of the $1,200 per month out of it.
- 3 - 12-7-66
After lengthy discussion, Mr. Gatchel suggested that a set
period of time be given the three towns to complete their collection
systems, after the force main is completed and hooked up to the
Delray Beach line. During this period of time, each town, individual-
ly, would guarantee to pay Delray Beach for the number of gallons
estimated in Paragraph 10 of this contract, regardless of their
actual flow. After the set time period expires, the charges could
be adjusted among the towns commensurate with the actual number of
gallons put through the system, by each, so long as the total amount
paid the City of Delray Beach was at least the $1215 per month es-
timated in this contract. Everyone was in agreement with this
suggestion~ however, Mr. Koch felt there should be no time limit set
on completion of the individual towns' collection systems, that Del-
ray Beach shouldn't care as long as they got the $1215 per month
figure. Mr. Brawner objected, as he felt ~he other two towns would
be carrying the heaviest burden if Gulfstream, for example, decided
not to put in their collection system for any long period of time.
As a clarification, Mr. Gatchel stated that regardless of how many
years it takes a town to reach its previously agreed upon peak flow,
it would still pay the amount set up in the contract~ therefore, un-
til it did reach the set figure, it would be paying more than its
proportionate share. Everyone was in agreement with this suggested
revision.
Mr. McMorris asked Mr. Neff to explain where the treatment
facilities would be located on the plans he had prepared. Mr. Neff
replied that in each town, the comminutor and chlorinator would be
located in the lift station pumping directly into the force main.
In answer to a question by Mr. BrOwner concerning the amount
of pressure necessary at the point of connection with Delray Beach's
system, Mr. Neff replied approximately 25 pounds.
Mr. Brawner asked for an estimate of what this system is going
to cost each of the towns as the study does not give any definite
figures. Mr. Neff stated that to provide firm cost estimates, an
engineering study would have to be made showing details of grade,
levels, amount of rock in the area, etc.~ further, the report his
firm had prepared is merely a preliminary study based on available
data.
Mr. Brawner asked how much pressure Ocean Ridge would have to
maintain to combat the pressure of the pumping stations of the other
two towns to the south, and Mr. Neff estimated it would require about
45 pounds.pressure.
In answer to a question by Mr. Brawner, Mr. Neff explained
that it would cost approximately $140,000 to install a force main
from the north end of Ocean Ridge to the Delray Beach City limits.
This force mainwould simply be a pipe laid in the ground and would
not include the lift stations, which are part of the individual towns'
collection systems. He added that it would probably cost Ocean Ridge
about $375,000 to build a basic collection system, which would include
most of the properties along A1A and some of the main lines.
There was considerable discussion concerning the portion of
the force main which will go through the County area between Briny
Breezes and Gulfstream and representatives of Briny Breezes and Ocean
12-7-66
Ridge agreed that since both towns had to take their sewage through
that area, they would prorate the cost of that portion between them.
Although they would not have the authority to force ~eople in that
County area to connect to the system, Mr. Worthing pointed out that
the State Board of Health has a regUlation on its books at present
requiring anyone within 200 feet of a sewer line to connect to same~
further, that although this regulation was not strictly enforced at
present, he was sure the two towns would have the support of the Board
at such time as they wanted the regulation enforced.
There was lengthy discussion concerning the initial cost of
the force main. Mr. Brawner felt that the amounts set up in the
contract should be adjusted later, along with the other rates, based
on each town's actual usage of the force main. Mr. Koch and Mr.
David disagreed, saying that this would be a capital outlay item
which would be paid for at the time it is installed and the cost
prorated among the three towns according to the estimated flow es-
tablished by the engineers. Mr. Brawner said he did not agree with
those figures, which was why he felt there should be a retroactive
adjustment after there was some experience of the system. It was
determined that Mr. Brawner's suggestion would be considered further
and if deemed advisable, would be included in an amendment to the
contract.
Mr. Adams was highly complimented on his preparation of the
draft contract, and was asked to make the changes agreed on in this
meeting.
Meeting adjourned.
- 5 - 12-7-66
257
A.regUlar meeting o~ ~he City ~unci~ o~ ~l'~ay Be~ch ~s he~d
In ~e Co~cil ~rs at 8:00 r.M,, wi~ ~or Al. C. Avery in
t~ ~air, City ~nager David M. ~tchel, City Attor~y John Ross
Adams,~ and ~c~1~ J. ~y C~Oft, ~James H. Jurney, Jack L.
'Saunders and .~orge~.Tal~, .J~-, ~'~ing "present.
1. An o~ning,pra,~r. ~s d~vered .by the-Re~; Ro~rt G.
1,a. ~e Pledge of Alleg~an~ to the Flag of t~ Un~te~ S~tes of
Ams, fica ~s given,.
2. The minutes of the re~lar Council meeting of No~r 14~ and
S~.cial ~eting of No~= ,2,kst.} '~19~%~' ~re unanimously
on ~otion ~. ~. Cro~t an~ seco~e~ by ~. Jur~y.
3. ~. Ja~s Casse1. Presi~nt off t~ ~u~f~e~a~ C1~,
permi'Ssion for their C1~ to use ~e a~tor~ at ~e Co~un~ty
'Center on ~ce~er 14~, 1966-.at 7=15 P.M., for' ~he p~se of a
'~ing-fest by a gro~ of si.gets fwom ~e: ~cree~ H~gh S~ool.
~ssel informed CoCci1 that th~s date ~s been clea=ed by the
Recreation D~rector. · ·
~. Jurney ~ved ~t the City ~nager ~ given, pe~mission
grant such request~ provi~!~g it .~oes not '~nfli~ w~ othe= pro~a~s.
The ~tion was eeco~ed by ~. C=oft and carri~ unanimously.
4. A roll call showed the following C~vic Organizations and ,represent-
at~s to be in attendance z
~eezy R~dge EsSays ~. John
~uffle~r~ C1~ ~. Ja~S ~ssel
Business & Professional ~n's C1~ ~s. Clarence Bingham
Beach Taxpayers ~ague ~. J. Watson
V. F.W. Col. Claren~ B~ng~m
League of WOme~ Voters ~s'. ~a~
Ki~nis C1~ ~. ~ed B. ~v~tt
5. City Clerk read the ~o110wing letter from ~. W. C. W~llia~, III,
~a~ ~~ 14,
"My ~ther, ~s. Ethel S. Williams, and u~her me.ers of
family a~d I ~ukd li~ to ~ke, this op~rt~!ty to e~ress
our ~ep appreciation ~o ~e .~.yor and me.ers of ~e C~ty
Co~cil,. to ~. David ~t~el, City ~nag~, to ~. A1 Elliot,,
Director of ~rks and ~:creat~on and ~urself as City Clerk
~or the ~orab~e dedication ceremony of Ste=l~ng Fie.!d on
Sunday, Nove~er 6, 1966. We ~uld also 1~ to publicly
e~ress our appreciation to ~e O~Neal-~iest Post of the
Veterans of Forei~ Wars in De~=a~.Beach. F~ori~a, not'
for ~eir participation in the dedication ceremonies, but
also for their unselfish donation of ~ime. lair and lo~e
which ~s instrumental in developing Sterling Field into the
fine park it is ~ay. The ~rk is, ~ndeed, a fitting
living tribute to pioneer ~y J. Sterling, who,dearly
love~ an~ ~lieved in ~lray ~a~. we shall always be
~ly 9~=eu~ative' aha gra~e~ml for~e'~C~y, of',~lray Beth
and ~e O~Neal-Pr~est ~st o~ the Veterans of Forei~
for ~king ~is me.rial
~yor AVery asked t~t ~e ~pro~r departm~t he~~ 0f. the City
Administration ~ given a copy of said lea%er, 'also ..~a~ a copy be
sent to ~e V. F. W.
~ssel,
"Mr. C. E. Tobias, a h~qhly.e.st%emed m~mt~'0~' our Club, has,
in recognition of our needs, generou~LF d~ed a beautiful,
new, double oven electric kitchen range, so sorely needed and
which we deeply appreciate.
In turn, it is a pleasure to inform you that it is the decision
of our board of directors that we donate this range to the
City of Delray Beach for installation in the kitchen of the
new Adult Recreation ..Center which will become our new home,
together with other groups, upon its completion."
Mayor Avery asked the City Manager to send Mr, Tobias a letter of
thanks for the donation.
5. Mayor Avery read a PltQCL~/~T~Ol¢',Z~ga~d'~ag'an opportunity being
provided annually f~r every~ citl~zen.to reaffir~ his f~ith in' the
United Sta~es of America through a program sponsored by the Veterans
of Foreign Wars..~Mayor Avery-then designated NoVember 29th, I966 as
VOICE OF. DEMOCRACY DAY,
H~,yor.~A~ery a~ked ~that a c~py of,this~ Proclamatio~ be sent to the
v. ~. W. ~d that the~pr~aa~he_qive~..eOp&es Of same.
S.s. Mr. Saunders mentioned that lights are turned 'on in the City Park
every evening.and not turned off before 10~'30 o~ 1i~00 AiM1 the next
day. He suggested. ~.~hat those lights 'be turned off at a:n earlier hour
either manually or by clock..
5.a. Mr, Saunders said that during an inspection of the Adult R~..creatiot
Complex in the City Park he observed that the slides and merry-go-round
were not in the City Park, and asked if they were to be replaced ~n
the park.
The C~t~ Manger in£ormed Council that those' pi,aces of playground
equip~e.n'~ had been removed du~ing, construction of: the Adult Recreation
5.a. Mr. Talbot asked about the progress and completion date on the
Adult ReCreation Building in the City Park.
City M~nager ~atchel reported to Council that the completion date
cf that building, :according to the permit:-iSsued, is Dedem~er 8th, 1966.
"T~e City ~anager said that during a recent check with the Contractor,
he had been informed that the building would not be completed on that
date due to de.l~ays caused by the-arChitect such as the redesign of the
layout of.the kttchen~,~...etc. Further; they do antl'cipste'a Completion
date by January l, 1967, which, i£,co~le~ed then~ would be'23 ~days
late according to the contract which':d'~d::not 'Carry & penalty clause.
During discussion, it was pointed'~t;that the CitY.is paying the
Architect for supervis~on of the job, and that he ShO~ be encouraged
to see that the work ~progreesee.
It was suggested that the City Manager be t~struCt~ to get the
architect and contractor together, and a t/me a~he~uie worked Out with
a report back~ to Cocci1. The .City 'Manager 'w~s-directed to convey the
displeasure~ af .the Council at the'.~r~q~ess' be/~g made, and also directei
that the pro~ect pro, ced post .h~te.
9.b. City Clerk read ~he .following Plarming Boa.rd Report, dated November
23rd, 1966~
"At the regular meeting of the ~PLanning and' Zoning' Board held
November 15th, 196~ in the' Counci~"Chambers~ a' P~t~lic 'hearing
was held for consideration of a request for rezoning from
R, 1AAA (sing!~. fam£L~ dwelbing. ~d'i.~t~i~t}' to R-3 (multiple
~amily dwelling district) 'that property de.Sc~ibed as:
Lots 21 and 22, Block D, Revise~ PLat of Blocks D & E,
PALM ~EA~ SHO~, ~S~ 38,
-2- 11,.~.28~'66
Mr. Fred Dev4tt, attorney, appeared representing Harold J.
and Henrietta Roig the: petitioners. The petitioner expressed
the opinion-the property ~as best suited for multiple family
use,
The following persons appeared in 'protest or indicated same
by appointed representation or
Mc. Ward Robinson, President Beach Taxpayers League
Mc. J. W. No-lin, Sr., attorney representing
W. A. and Minnie R.. Wecker
Mr. Hugo Post
The hearing was closed at this time and decision postponed
until ell remarks could be considered in relation to a
possible revision ~n the Zoning Code a~fecting Multiple
Housing 'Development.
At a special session November. llst, I966 the Board voted
unanimously to defer any change of zoning to Multiple Family
USe until the proposed revision on the Zoning Ordinance was
completed."
Mc. Ar~ Smith, Director of Planning, Zoning and Inspection, in-
formed Council that this request for rezo.ning ties in wi~h e very
important-pro,ram that he and' the. P. lan~ing Board ha've been working
on, and that they anticipate considerable changes in.the multiPl?
housing, R-2 and R-3 zones, ~Ftt~ther. that this p~ece o£ property
as well as the concept of what theyare trying to build, and the
restrictions:and requirements thereof are all being considered for
soma very important changes. Mr. Smith said he had hoped this ~ould
be presented to Council prior to this t/me, but he now antic/pates
hav~ng it before the Planning Board at their Decmnber meeting, and
then to Council et its next meeting,
Mr. Fre~ Devitt, Attorney ~or the rezoning petitioner, was
if a 60-day delay woul~ work a. 'hardship' on the petitioner, and Mr.
Devitt said that it would not.
Mr. Saunders moved to uphold the Planning/Zoning Board report to
defer any.change in' zoning, and that a 60-day period be given as a
time limi~ for an ordinance change to be presented to Cou~.cil, The
motion was seconded_ by Mr. 'Talbot and carried.' unanim°usly.
Mayor Avery advised the people to register their names and ad-
dresses with the City CIerk if they wished 'to be notified when this
item comes to C~uncil again.
X. Mayor Avery introduced the following three Counckl candidates for
the Gener~l Election to be held on'De~ember 6th, 196~ Mr. William
J. McLaughlin~ Mr. LeKOy W. Merritt and Councilm~ James H. Jurney.
6.a. Regarding consideration 'for installation of a seWer Co'~lection
line on a portion of S. W. lOth Avenue, City Manager GaUChe1 rep6rte
to council as follows..
"S. w. 10th Avenue, between Atlantic Avenue and S. w. 2nd
Street, was not included in previous installation of sewer
collection lines ~n that general area~
Estimated cost for such installation, together with a much
needed ~ollection line £~ the e~st-west alley between S. W.
loth and llth Avenues, is ~13,500.00. Projected sewer revenues
from the properties to be served by such 'additional installations
amounts to not less than $21,000.00 for the following 20-year
periOd~ and, therefore, far exceeds the necessary ratio formula
of revenue to conetr~ction coat.
It is recommended that approve1 for this ad~itional extensio~
of sewer collection lines be provided, together with .authori-
zation for execution, by the proper CitY,officials,' of Change
Order No. 4, covering, such insts~i~ations and affecting the
26O
contract with ,B~mb~ & .S~£mp.son, ]:nc, 0 for Area 20~22. "'
~e C~ty ~nager'. f~er e~lai~d. ~at s. w. ,9~ & 11th Avenues
have se~r ~11eut!On s~stems pre~tl~ ~n effect' and ~tha~' a ~u~er
of ~e residenCe'of S. W. 10~ have re~este~ the installation of
sewer collect~oR lines.
~. ~oft ~ed ~at th~s adait!ona! extens~on'~of se~r collection
X~nes be aPP=oved', ~oge~e~'?i,~ ~-u~0r~nt~n fo= ~e~t~On, 'b~ the
proof c~t~ officials, o~ ~nge 0Fder ~o. '4, co. ring such ~nstaXZa-
t~ons and affecting ~e. contract ~i~ r~r, ~Son,-Inc., for
Area 20-22.". ~ motion ~$ seconded by ~,
It ~as ~nted ;bUt ~a~ RUssell a:~on Co~u~n~ Bnq~ne~o had
prov~de~ ~he ~es ~oted, and ~at they ~ec~end the
o~ said sewer collection X~nes.
· he C~r ~nager ~nfo~ed ~c~X that ~e cost o~ ~at ~nstaXXa-
tion ~uZ~ c~e ~rom, ~e. Se~.Qon~.tru~t~on r~ds preoentZy on hand
at ~he specia1"~Qnb~l'~e~t~ng'on N0ve~r 2Xst as to ~he baX'ance on
hand ~ng available for anothe~
~on calx o~ roX$, ~e ~t~on carried unan~uolr..
received from the ~toh~ay' Seven~ Da~ Adventist ~u~ch'
~zat~on to solicit funds w~n ~lFay Beach ~o~
~o~k devoted to medical edu~t~o~, uplift, and evangelistic pro-
jeers. 'r~eF,, ~at the ~u~ch s~tes .~s ~ee ~Jor med~caX pro-
Saa~-. and Rosp~Z ~n 0rXanao, a~ ~e.~Zke~ ~r~aX
~n AVon ~k.
~his re~st ~as ~n~mousZy Fe.feF~ed to ~e ~a~ o~ Co~eFce
8e~nded by ~. ~a~.
7.b; a~a~nq a petition ~or permit to erec~ and use a ten~
ch~eh services, C~ Clerk Worth~ng~repo~te.d ~o Council
"Rev. L. ~. ~nce, o~ the ~u~ch o~ the L~v~n~ ~d, re~est8 ~-
m~Ss~on ~o er~C~ a-~ on Lots 7, 8.and~:9, Block 2 of A~ZC PARK
GA~HS, ~for ~he pu~se o~ hold~nq chur~ services and .to enable
acc~uht~on of ne~ssary ~ds ~ re~r ~e home of ~e ~u~ch o~
~e L~v~n~ ~d a~ 6~ ~. ~..5th Avenue, ~ch bu~Xd~ng has ~en de-
clared ~ fo~ use °r, ha~tat~on b~ .the C~y BuiXd~nq~ Official.
9000 s~a~e ~eet ~: 75~ ~eet:o~'~rontage on ~e, sout~ ,f~de
A~Xant~c. Avenue, and ~y~ng ~t~en. 12~ and X3~h Aven~s;
· he requeS~ ~s for an ~nde~n~ per,od ~d' has been approved ~ ~e
Xnteraenominat~ona~ M~n~ster~aX Association. ShouXd ~t be the pXeao~e
0~ CoccYX ~o sustain the AssoC~atXon's~ ~ec~men~tion. such appFovaZ
should be ~E~..~o Rev. '~nce and the ~urch me'e~Xng' aZX retirements
o~ O~d~nance ~o'. 60~66 as ~rta~ns ~o ~rm~ss~Ve USE o~ tents and. other
~empo~a~ s~uC~uFes'."
D~ discussion, ~. ~a~bot asked ~or an appFox~: cos~ o~
mak'~q tbs ca. ch bu~dXnq at 68 ~. ~. 5th Avenue habitable.
~nager expXain~d ~hat said 'bu~ldin~ had been in.-~e, p~o~eoo o~
moX~tXon ~or an extended per~oa o~ t~me, and that he believed
~e~e complete demolition.
Co~c~ ~a~ Sa~d building had changed hands.several ~mes a~d' Seve~a~
no~s had'been ma~ed ou~ ~eques~ng demolition of ~e ba~ld~n~ as
~ had'been ~n~e~ed~ f~r~he~, .~a~ ~op~e ~k~n~ on ~he bu~d~n~ a~
unfeasible to ~r~rlY~epa!r ~e existing, buil~ing It was ~i~ted
~. Talbot mo~ed to q~nt'perml~eicn E~ ~e eeect~on, o~ ~e tent
and ~at ~eF .su~!t '~anS E~.~_~he ~habili~ation o~ ~he .conde~ed
the,. ~o~ ~je~t ~to the ~urq~ee~ ,all re~ements of O=d~nance
261
No, 60-66, which was agreeable to Mr. Talbot. Upon,call of roll,
the motion ~arrie~ u~atmously.
7.c. ~e City Clerk info,ed ~cil of a petition by ~e o~ers.
~ts 1, 2 & 3, Block 66 for rezoning of said property from R-2
and ~o Family ~lling District) to R-3 (Multipl~-Family ~lling
District), and ~at council ~y deny ~is ~titio~ or refer same to
the Pla~ing/Zoning ~ard for a p~lic hear~g ~hereon, to be followed
by ~e ~ard's reco~ndation to ~cil con=erning s~ld petition.
~. ~unders ~oved ~t said rezoning petition ~ referred
Pla~g/Zoning ~ard, ~e ~tion being seconfled by ~. J~ne~ and
~ani~u~ly 'carried.
8.a. City Clerk preaen~d O~I~N~ ~O. f8-66.
AN O~I~CE O~ ~ CI~ OF DE~Y ~ ~OR~A
PA~ OF T~T PART OF S. W. $1TH A~
BE~EN 2nd ~ 3rd ST~ETS, ~ A ~DTH OF ~Y-
~UR ~ET, SA~ ASSES~ RO~ BEI~
~O A~ FO~ A P~T ~OF.
{Copy o~ ~di~nce ~. 58-66 and acu~nying Assessment R911 are
at~ched to ~e official ~pY of ~ese m~utes.) Seethe 264-A.
There being no objection to ~e AsSess~nt ~11 and
No. 58-66, s~'id Ordinance ~s ~ani~usly pass~, and adop~ on
~is seco~ and final reading, on motion by ~. J~ney aa~ seconded
by ~. ~oft.
8.b. ~e C~ty Clerk~presented O~I~NCE ~. 60-66.
OF TE~S OR ~R' ~MPO~Y'.STRU~S ~R
~ 'ASSAY OF PER,NS ~N ~ COR~TE
L~TS OF THIS CITY.'
(Copy of Ordi~nce .No'. 60-66 is at~ched to ~e official ~py of
these ~inutes.) See page 264-B-'~.
There being no object~on 2o~ Ordinance ~. 60-66, said Ordi~nce
~s unan~ously ~ssed and-adoPte~ ,on ~is second an~ f~al r~ding.
on motion by ~. Jurney and seconded by ~. Croft.
8.=. City C!er.k presen~d ~I~NCE NO~ 61-66.
AN.O~I~ OF ~ CITY COUNCIL OF ~ CITY OF
DE~Y B~, FLOR~A, A~ TO ~ CITY OF-
O~I~TIONS OF ~ ~l ~ PRO~ FOR ~
Z~IN~ ~OP, Ll~4. N.' W. 4th Avenue
Ordinance No. 61-'66 ~s ~ani~usly placed on firsZ ,teaSing,
motion by ~. Talbot and seconded by ~.. SanderS.
8.d. 'Uity Clerk Worthin9 presented 'Ordinance No. 62-66.
ING M~CIP~ L~TS OF ~ CITY= ~E~I~ ~
262
BOU~AR~ES OF ~AID CITY TO I.NC~UDE SA -.ZD
PRO~ FOR ~. ~S ~ OBVIATIONS OF
T~OF. 1042 ~s Cove
Ord~n~ No. 62066 ~s ~nimo~ly p~d on first reading,, on
motion by' ~. J~ney a~ seconded by ~. ~ders.
9,a. Regarding a ~tition for a~ndo~e~t, of an alley, City Clerk
~r~in~ re,fred to ~cil as follow:
"~c~1 re~ntly refe=red a ~tit~on to ~e Planning B~rd
concerning abando~ent of the nor~-sou~ alley in Block 45.
The ~ard's zec~endation ~ia'tive ~ereto
'At 2he re~lar ~et~q of the Planning a
held ~er ~15, 1966, in .~e:CO~c~l ~rs, ~e
~ard ~nstdeged a ~e~e~t E~ ~e abandon~nt
ri~t-of-~y ~0~ a'~: ' ' .-
The Nor~u~ Alley i~ Block 4S, To~ of ~lray
Bec'ch, Flor~.
~. Ro~rt ~rauey appeared representing R. and
~o~t~es, Xnc.
~. Gracey stated ~e cor~ration~nted to build
apar~nt houses on ~e ~oper~y and the
~uld ~ detrimen~l to ~e project.
~No one ap~ar~ in o~osition.
After discussion, the ~ard moved to rec~end ~at
the riqht-o~-~y ~ a~ndoned s~ject to the removal
of all utilities to ~e Satis~action of ~e City
A sewer coLleCtion !ine is presently lo~ ~ $~ alley :.
~titioned ~ aba~t= hoover, it has ~en determined
~at a satt~a:ctory ~TXON'o~ ~e l~e, to serve all
affec~d propert~s, s~Ject ~ ~e currently pro~sed
deve,lo~ent o~ ~e land becking a real~ty, can be ~de.
The ~nsulting Engineers have advised that B~y a Stimpson,
Inc. have agreed to provide for said ~TXON
sewe= collec~ion line for ~e s~ of $3,400.00~ based u~n
the b~d.' pri~s of their contract for Area 20.
Should it ~ ~e pleas~e o~ ~uncil to sustain the recom-
mendation of the Pla~ing Board to abandon the north-south
alley in Block 45, such action should be ~ECT to, and
e~fective only at such time as the petitioners place on
deposit wi~h the City the sum of $3.400.00 to cover total
anticipated costs for ~ necessary ~LO~TION of said sewer
lines, ~t ~ing understood and agreed that any portion
thereof, in .excess of determined ~T~ COST of ~e project,
s~ll ~ refunded ~o ~e petitioners."
~. Richard ~xt of R. a B. ~operties, Inc. info,ed Council that
he feels a better apartment complex can be built on the property if
the alley is abandoned, and even though ~t ~uld be ~re. expensive on
~e part of h~s.C~pany to relocate the sewer line and build the nicer
~mplex, they ~uld be willing to go 2o that additional ex~nse to
build more attractive bulldogs. ~. ~xt showed a sketch of
proposed plans to the ~ounci~.
~. CrOft moved to deny the re,est for abando~ent of said alley,
the motion. ~i~g seconded by ~. Jurney an~ ~animously carried.
9.b. was c~sidered 'i~ediate following ~e 5.a.
9.c. City C~rk. ~rthing rem~nded ~unC~I ~that it recently referred
921 S. E..2nd ~e~ for ~ ~o~ sOl~'~t fu~d~ ~in
-6- 11-28-66
263
cover cost of forwarding Picture'~and Fashion Calendars to overseas
servicemen. .The City Clerk informed Councii that the Solicitations
Committee reviewed the application and unanimously recommends that it
be denied.
Mr. Saunders moved that the recommendations of the Solicitations
Committee be complied with and the request be. denied. The motion
was seconded by Mr. Croft and carried unanhnously.
10.x. The City Manager informed Coancil of s request from the St.
Vincent Far_...~r School for use '~' the Community Cen~er
twice a wee~from 5~00 P.M'.. t~:00 P.M. during' December, 1966 and
January, 1963 for their basket~11 team, which would not inter,ere
with any of the City Recre&tional Program schedules. The City Manager
informed Council that such permission was granted last year on a
limited basis and had ~roduced no hardship or conflict with the City
schedule., '-
Mr; Saunders moved- that the City Manager be 'given permissio~ to
grant such request subject to there being no conflict with the City
programs, the motion being seconded by Mr. Croft and unanimously
carried.
10.x. City M~..nager Gatchel informed Council that the necessary data
is being pre~.l~.~ared to advertise for bids on certain City insurance items
that expire on December 31st, 1966. That-there are four policies to
be advertised and it is anticipated that bids will.be opened on
December 21st in order that they will be ready for Co~ulci~ consider-
ation at the second meeting i~..DeCember. The City Manager called
Council attention to the fact that the last regularly schedUled meetin9
in December falls on Monday, December 26th, which is a legal holiday,
and if it is the desire, of Council to change the ~eeting date of the
second meeting in December, that item can be placed on the Agenda of
the nex~ meeting.
lO.x. The Cit~ Manager reported'~that the information requeste~ oE the
State Road De~artment relative ~ the opening and closing of the
Atlantic AvenUe"Bridge has been ~ec~ived and is in the-form Of log
sheets approx~mate!y two to two and a half inches thick, and the in-
formation has to be complied from those log sheets. Further, this
work is in process and the City application will be forwarded to the
Corps of Engineers as soon as said information has been compiled.
Regardin~-'~e-proposed Water Treatment Plant,
10.x. The City Manager informed Council that work is proceedin~ on the
request made at the Special Council meeting of November 21st regarding
additional information from the Consulting Engineers and Fiscal Agents.
Following discussion, the City Manager was directed to obtain water
rate schedules from the neighboring communities.
10.x. City Manager Gatchel informed Council that he plans to make
reservations for himself and Mayor Avery at the Florida Shore and Beach
Preservation Association meeting this coming Thursday and Friday, in
Cocoa Beach, and that he would be glad to make reservations for any
other Councilmen that may desire to go.
Mr. Talbot said that perhaps the 'members of Council that do not go
to that association meeting', and members of the City Administration may
desire to see the program that will be put on at the meeting by City
Manager Gatchel. The City Manager said that he believes some of the
local Civic Clubs will be interested in the film and slide presentation
of the Delray Beach Story regarding the beach erosion problems and
project.'.. NotL~e of dates for fi~m showing, when determined, will be
10,x. City Clerk Worthing informe~ 'Council that on October 10th, 1966,
permission had been granted to the Mari~l% School for Retarded Children
to use the Community Center to hold a bridge party, proceeds from which
..would further enable them to carry on their worthy cause. Further, at
the above mentioned bridge party it ~s planned that-prizes donated by
merchants in the towns of this area will be r&ffled off and the com-
mittee' is asking permission to solicit ~.he sale of those chances..
-7- 11.9.~-~
During discussion, City Attorney Adams said that if '~ncil does
gave their consent for the sale of said chances' it ~Shoul~
to appro~l' from ~e-~ty ~licitor ~n ~at ~t d~e~'t v~olate the
S~te ~.ttery
~. ~dera ~ved that ~is: re. St be referred to the ~licita-
t[ons Sureen~ng Co~tee, ~e motion being seconded by ~; J~ey
and unani~uSly carried.
lO.x. ~. ~e~ Jacobson thankS. ~e Council and particularly City
~nager ~'tchel ~n ~itt~ng ~. Ar2 ~i~, D~rector of Planning,
Zoning and Ins~ct~On, to appear at ~e ~ions Club th~s evening to
present a pro.am to ~em. F~the=, ~at ~. ~ gave a very ~n-
terest~ng ~ro~am on City Pla~ng.
~. Jacobson s~id ~at ~e, Lions~, c1~ i~s hav~g the City ~auti-
f~oat~on ~ittee put on their pro~a~ next ~nda~ night wi~ a
on City Beautification, and invi~ the ~nc~lmen as ~est at tha~
meeting.
10.a. City Clerk ~rth~ng presented Bil~s for Approval as follows=
~neral
~250,187.97
~r ae%enue Fund 33,208.19
Znteres~ & Sinking.Fu~d~ .~te= & Se~= ~nds 101,521.25
Utilities Tax Certificates, ~inci~ & Interest
Redempt~0n F~d 18, 67~. 00
Water ~rating & ~ntenance ~und 5,284.04
ImprOvement F~d 6,860.69
Special Assessment ~nd 16,183.32
Capital ~movements Construction Fund 78,147.54
~fUndable De. sits Fund 5,429.85
~e bills were unanimously ordered paid, on motion by ~. Croft
and se~nded by ~. Jurney.
~e meeting adjoined at 9=30 P.M.
city Cl rk .....
APPROVED .'
MAYOR ' ·
11-28-66
264-A
ORDINANCE NO. 58-66.
AN ORDINANCE OF THE CITY OF DRLRAY BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCBRNIN~ THE
FILLING, GRADIN~ AND PAVING OF THAT PART
OF S. W. llth AVSNU~ l`YI~G BETWEEN 2nd AND
3rd STREETS, TO A W~DTH OF TWENTY-FOUR
SAID ASSBSSM~NT ROLL BS]~NG ATTACHED HERETO
A~D FORM~N~ A PART H~R~OF,
WHEREAS. the City Manager of the City of Delray Beach,
Florida has, in pursuance to the Charter of said City. submitted
to ~he City Council for approval, a report of the costs, and the
assessment roll for the filling, grading and paving of that part
of S. W. 11th Avenue lying between 2nd and 3rd Streets to a width
of twenty-four (24) feet.
WHEREAS, said report and assessment roll was approved
by the City Council in regular session on the 14th day of November.
1966, and
WHEREAS, due notice concerning said assessment roll was
given by advertisement, by the City Clerk, in accordance with the
City Charter of said City, and for the purpose of hearing objec-
tions to said assessment roll, and
~EREAS, no sufficient objections were received to the
confirmation of said assessment ro11,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIl, OF
T~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS~
SECTION 1. The assessments, as shown by said assessment
tull which is attached hereto and mede a pa=t hereof, are hereby
levied against the properties shown and in the amounts stated on
said assessment roll, said assessments to be paid in three equal
amlual installments, together with interest at the rate of 8~ per
annum, the first installment becoming due and payable on
and on the for the next
ensuing two years= and said special assessments, so levied, shall
be a lien from the date the assessments become effective, upon the
respective lots and parcels of land described in said assessment
ro11, of the same nature and to the sa~e extent as the liens for
general City taxes, and shall be Collectible in the same manner
and with the same penaltles and u~der the same provisions as to
sale and forfeiture as City taxes are collectible.
PASSED in Regular Session on second and final reading
on this the 28th day of November , 1966.
/S/ Al. C. Avery.
MAYOR
ATTEST ~
City Clerk
First Reading .. , N~v~be,~ ~ 1966
Second Readinq .Novembe~ aS! 1966 __ .
264-B
ORDINANCF, NO o 60-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DP. LRAY BEACH, FLORIDA, RRCg3LATING
TH~ USE OF TE~TS OR OTHER TEMPORARY STRUC-
TURES FOR THE ASSEMBLY OF PERSONS WITHIN
THE CORPORATE LIMITS OF THIS CITY.
'WHEREAS, the City Council of the City of Delray Beach,
Florida, deems it in ~the beet interests of the citizens of this
community to promulg~e specific regulations per~aining to the
use of tents or othe~ temporary structures for the assembly of
persons within the corporate limits of this City~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP
T~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. It shall be unlawful for any person, firm
or corporation to uae a tent or other temporary structure for the
assembly of persons within this city without first obtainimg a
temporary permit as provided herein.
Section 2~. The City Council shall, upon consideration
of said application, ~in its sound and sole judgment, either grant
Or deny the issuance of.said permit, which, shall be effective only
so long as the period set forth therein, or, if no limit ia affixed,
said permit shall expire in two weeks. The Council shall specifi-
cally approve the location and purpose of assembly.
Section 3~ The &pproval shall further be contingent on
the following:
A. Recommendations of appropriate Ministerial
Association for assembly pertaining to re-
Iigio~s services. (Religious assemblies
are permitted only when sponsored by es,
tablished churches located within the
corporate limits. )
B, Fire Department
(1) The tent or structure shall be ap-
proved for fire resistance by the
city Fire Department.
.(2) Adequate £ire protection equipment
will be provided on the premises
at all times subject to the approval
of' the Fire Department as to type
and capacity.
C. Building Department
(1) Permit to erect and dismantle structure,
(a) Permit fee of $3.00.
(b} Deposit of $50.00, returnable upon
the recommendation of the City
Manager and subject to removal of
all debris resulting from use of
the land.
.264-C
Page 2. Ordinance No. 60-66.
(2) pe'~mit tocOnnect~temporary electric
service oh the premiseS.~ (Pee - $1.00)
D. Sanitation
Toilet facilities for both men and women
located on the premises, subject to aP-
prova~Of the~ County Health Department.
Section 4. The following' signatures'must be acqUired
before any occupancy will be permitted=
City Council
2. Fire ~epartment
3. Building Department
4. Sanitation Department
Section 5. Any person, firm or corporation found gull-ty
of violating any of the provisions of this ordinance shall, u~n
conviction, be punished in accordance with Section 1-6 of the Code
of Ordinances of this City.
PASSED in regular session on the second and final read-
ing on this the 28th day of November , 1966.
o.
MAYOR
ATTEST:
City Clerk
First Reading ,, November 14~ 19~.6
Second Reading .... N,o?e~bpr ~8. 1966