06-14-65 17~
JUNE 14, 1965.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, Acting City Manager R. D. Worthing, City Attorney John Ross
Adams, and Councilmen j.. Leroy Croft, James H. Jurney, Jack L.
Saunders and George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Linton Lawrence.
1.a. The Pledge of AllegianCe to ~he Plag of the United States of
America was given.
X, Mayor Avery announced that at the request of the persons involved,
Mr. Frank DeRice and Mr. W. R. Haggart respectively, Agenda items
6.c. and 7.f. wall be stricken from the agenda.
2. The minutes of the regular meeting of May 24th, 1965, were unani-
mously approved on motion by Mr. Saunders and seconded by Mr. Croft.
3. There were no public requests from the floor.
4.a. A roll ~all showed the following Civic Organ~zations and re-
presentatives to be in attendance~
Beach Taxpayers I~ague, Zonta ~lu~' 'm
BUs,.i4!.~- &..P.~o~esaion~ w~msn',-a Clu~ M~S D~--O~'
League of Women Voters ' MrS. 'Mae Diokens
A~e:ry '~read' a' PROCI~MATi0N Proclaimi~g ~u~'~ 'i3' ~r'~"i{, 1965,
:as, NATI~I~,L~F~.L~ ..~W~RK~:and.~urged all ~&tizens~ l~us e ~a.~.~
......... ,~-~ ~no Dy displaying the flag of these United States of
Ame~i.c,~.
· "~ ' -' -"J:'-"'': -'~;~F :~-:~,;; i ~." -. ..':'V ~ ~' ' "~'-t~2~'~:[:'~' ;~;: : t:.: ~-';'-.'.'}:% ~::.'~'.' t ";
,Mr.,.~;lf~ed EIIiott, recently
-, ~.e City, ,~nager..then x,ead ~, r,e. aolu~%o~: .,~rom the ,G~sen,woo~. P,~rk
smart, Swim Co~eh 0f'th~' D~I~'~: junior-'~h 'Sch'ool, dated May 25th:
~u~u z~e ~o convey its a.~preciation and thanks te your depart-
~ent. ~,r..~t~.~.~.use ._of. the ~9-1,ri~.~..~eh ~untcipal Peel ~y ou~ D~Lray
yoUr: ~c. ~}ian::. and the-'valu''~le "&sii~.~e :'~-.~;.:-lirnacie;-
n~t ;~ar...'t ._ - · - , .......... '---' ....... ' - .
174
"! am sure the tourists and visitors to our city are'a~are of
the litter along the-roadsides of city property.
Anyone driving out North~st Fourth S~eet, ~u~st ~n~
Street to Mlll~aU ~ail, and Gu~fs~am Boule~rd, as
o~ empty beer cans, t~quart ~er ~ttles, pa~r and ~iskey
~ttles l~inq on ~e ~oadsides. I am s~e ~is is al~ a
problem ~o~ the city maintenance ~en ~ho ha~ to ~ ~e roadside.
I ~lie~ ~is matter should ~ referred ~ ~e proof authorities
as ~11 as ~e ~aut~f~uat~on
~li~e enfo~e~nt of any existing ord~nance~ fines an~
on ~is problem can clean up o~ u~ty so ~at ~ can be proud of
~t. ~t*s have ~e uleanest and ~st beautiful c~ty on ~e
~aet."
5. ~e following letter fr~ M~lton-M~rs Post No. 65, ~ate~ ~ne 5th,
was read~
"~e' ~rs o~ Mil~n-Myers 'Post ~. 65 and its A~iliary wish
to ~press to you and ~e ~ers ~ ~e City Co~ission
appreciation for ~ partic~tion ~n ~e Memorial Day
c~r~sie~ sh~ by ~sel~s are deeply appreciated."
5. ~e foll~ng letter ~r~ ~e American ~gion Aux~liary, dated
J~e 2nd~ ~s read:
"May I ~ ~s opportunity to ~ank each and every one of
for cOn~but~n~-so much of ~ t~me and efforts to~rds o~
~g~on ~r[al and our ~r~al Day exeruises. Please aucept
my ~nv~tat~on ~ attend o~ lns~llat~on of officers for
coming ~ar, J~e 15~ at ~e A~rican ~gi~ Home at 8
5. ,C~t~ ~nager ~r~ng read ~e f~ll~ng let~r from ~. John J.
Crew, Jr.~ of ~e Florida House of Represen~tives, dasd J~e
"~ank ~u for ~ur recent .letter ~ging favorable consideration
of senate Bill 380, relating to an appropriation for ~e preser-
vation of Florida
I am s~e ~u ha~ ~en advised that due to ~e f~e effort of
Represen~tive ~raon Alla~r~ of Bro~=d and ~e Palm Beach
delegat~on~ led by E~ett Roberts, ~e Bill ~ssed ~e last day
of ~e Session. It carried an appropriation of $500,000.00."
5. ~e C~ty ~na~r read ~e foll~ng pet~tion, dat~ J~e 4~, 1965
and s~ed by several re~dents of ~e area '~nvolved~
"DEL~Y ~IT P~NS CO~R~TION'A~
We, ~e ~ders~ed, w~sh ~ protest as h~ly undesirable the
pro.sa1 of ~e Beautification Co~ttee cE ~lray ~ach to lease
fr~ ~e Florida Inland Navigation DiS~[~ (F.I.N.D.) that par-
eel of land lying ~t~en Andre~ Avenue and ~e Intracoastal
~te~y and ~ediately nor~ o[ ~e houses on the north of
Harbor--Dr~ ~n Delray Isle for the purpose of o~n~ng It
p~l~c as an ~ple of ~touched Florida, w~ a nat~e ~a~l
~nn~ng ~ough ~e ~operty.
~ o~ose the use of ~is F.I.N.D. area ~or ~ls p~se
variety of reasons o~ which some are as followst
P~N ~ ~EP S~
-2- 6-14-65
"1. ~he proponents, of this 'nature area' state that the swampy
section near the eastern end of th~s. Property is to be deliber-
ately left swampy to breed mosquito~s.
NO~ ,MOSOUITO FOGGING TO BE ,ALLOWED
2. Members Of the committee who walked through this. area
speck it for this use freely stated that the area could never be
sprayed or *fogged' for mosq~oes as they were '.necessary~ to
the bird or other natural life which the committee seeks to have
in this ' nature area '.
3. Ge. elimination of mosquitoes is a prime consideration of
every civilized community, today since malaria, yellow fever and
sleeping sickness are transmitted by mosqUitoes, which insects
render lawns un-usable for outdoor living.
HAZARD TO ANDREws AVENUE TRAFFIC
4. The conversion of this now silent Federally-controlled natural
woods area to a public area Ko Which. tourists would be directed
and school children would be carried by buses would create a traf-
~,~t~on.~f ~.~r~,~,~0.~c.o..~e~ ~ wild trees, would have Ko be
b~lldoze~' and ~a'publ~e park~g.'lo~~ ~'~Kalled. Unless Koo large a
~rtion~of~ the. ~ar.ea ~.wer. e. to~ he dedicaKed Ko parking, the parking
'would have"KO b® ~o~id~'~ ~i'n"'ea'~K.weet sloKe tha~ would necessi-
.ta~e .the. car~ a~d/or buses backia~ ~u~-t~ito ~ndra~e. Av. enua.
5o '"S'~h":&~":~'~ea/'~mbrising approximately 9 acres of land (or
sw~,mp,~land) COuld not be ~K in'a near natural stage ye~ opened
20 2he pUbl[6 '~ithouK inviting abuse by some of the public caus-
is Stated in 'a n~wSpa~' s~ry ~suribing ~is proJeut
~at.vi~ could an r fr m A e
m~ny, Xestd~ts. ~., H~.. ~iye, Andre~, 'Avenue an~ 'urest~od
........... ,.: . : .................. -.: 6-~4-65
"8. It is not to the best in,crests of Delray Beach to change
this residential section bY establishing a so-called 'area in
the natural stage' in an area in which men and women have placed
their life's earnings to establish definitive homes with values
ranging up to $110~000.
BZRDS ALREADY PROTECTED
9. Tho proposed area is not needed to protect the birds or small
animals as they now occupy this wood without molestation.
TREES TO BE DESTROYED I~ DIRT H~ULED IN
10. Any planting of a worthwhile nature trail would require
hauling dirt into this area in which to plant a~ this would
necessitate the destruction of the woods the committee seeks
to preserve.
CANNOT POLICE ADEOUATELY -
11. If the police force of New York cannot give adequate pro-
tection in Central Park then the small Delray Beach force cer-
tainly cannot adequately police such an area.
PUBLIC FACILITIES
12, A public project of this type would make necessary the
placing of tOilets on the property."
Mayor Avery said it wo~ld be proper to ask that a copy of this
petition be sent to the Beautification committee in order :that they
may know the feeling of certain citizens, and that the City Manager
be directed to table this item and bring it up at any furze time
that consideration of any use of that affected land might come up.
It was so moved by Mr. Talbot, seconded by Mr. Sau~ders and unani-
mously carried.
5. Mayor Avery announced ~hat a deIegation of Delray Beach Jaycees
plan to attend a ~tional Jaycee Convention at Buffalo, New York,
and that they have been commissioned by the Chamber of commerce to
advertise Delray Beach} further, that he feels it is proper to ap-
point Messrs. Robert Perkins, Charles Gw~nn, Robert Cameron, LeRoy
Merritt and Wm. DeWitt as Official Ambassadors at Large for the City
of Delray Beach..
Mr.. Robert Cameron thanked the Council for endorsement of said trip
and outline8 'their scheduled stops, and 'said that 'they would take
~bout three thousand cocoanuts with them for distribution and adver-
~'~'~isement of Delray Beach.
Mr. Talbot moved that said Jayoees be appointed aa Official Am-
bassadors at Large for the City of Delray Beach, and that the City
' Manager be directed to furnish them with-appropriate credentialso
.The motion was seconded by Mr. Jurney and unanimously
Mr~ Kenneth .Ellingsworth, Manager of the Chamber of Commerce,
announced that the cocoanuts ~uld be loaded at-9:00 A.M., Wednesday
morning at the Perkins Rug Cleaning Shop on So E. 2nd Avenue at 4th
Street.
5.a. Mr. Jurney sai~ it was his desire that the City Manager advise
the City Attorney ~o proceed w~th the negotiation .of a contract on
the Shuffleboard and Senior Citizen~ .Res, faction facility at the City
Park.
city Attorney A~ams said he u~dersta~ds this is to- be a contract
between the C~ty of Delray BeaCh and Mr. Kenneth Jacobson es an
architect to design a building! further, that he will consult with
the study committee and the ~rchitect in preparation of the contract,
-4- 6-14-65
177
which will be presented to the Council for ~eir consideration.
5.a. Mr. Talbot ~ommended City Engineer Mark C. Fleming for the
excellent job on plans and specifications and negotiation of a con-
tract for installation of a sea Wall at the City Park. Mr. Talbot
said that the sea wall would not only beautify the City P~rk, but
would add from nineteen to twenty thousand square feet tO'the park.
Mr. Talbot suggested, wi~h the approval, of the Council, that-the
City Manager appoint City F~ginaer Fleming and Recreation Director
E11iott, to give some thought to the incidentals that should be
planned in connection with the sea ~a11, such as lighting (possibly
lighting the entire park), safety ladders, mooring of boats, and
benches o
5.a. Mr. Talbot mentioned the. playground equipment at the Paul
Knowles Park an~ said that it is quite attractive and a popular pla~e~
further, the ~owles family appreciate the fact that the City has
attempted to make said park a benefit and pleasant for the use of the
public.
5.a. Mayor Avery asked about some fill that had been' placed in the
City Park, and City Engineer Fleming /nformed him that it wes excess
fill from the Sanitary Landfill area, as he knew there would soon be
a need for fill at the City Park.
orth~ng C~n~ed as follow~= '~e proposal of Russell,.& Axon, dasd
agenda,' P~Oposgs P~epar~tio~ 'of c~StruCiion desi~;'plans 'a,~" ,p~c~='
Pr~i!mt~ary"reP0rt~ 6f 'ja'nu~ry, 'i965 and 'iett~r of.-j~e
~~r softening provision, estima~d cost of such plant being ap-
Ano~er: .situ~ti~n~.~s.brought to.mY.attentiOn last ~ek, that..
~should. be 'remedt6d.' conversing wiih..~verei ladies; .. i:~_learne, d..
necessary plans to remedy this adverse ~ter condi'tion, Yo~
City Manager Worthing continued~ "If it be the pleasure of the
Council to direct Russell & Axon to prepare the final engineering
design plans and specifications for this plant, ~/te City Manager
,.should be authorized tO 8o provide, such contract to Russell a Axon
to reflect that it be understood 'and agreed that fees for this author-
ized project shall be in strict accordance with the basic contract
· dated September 29, 1959~ Supplemental Agreement No.
1963~ and ~he Schedule of Basic Minimum Engineering Fees, as set forth
in the 1955 publication of. the Florida Engineering Society, which is,
by reference, a part of said ~$upplemental Agreement No. 3', all of
which, s~mmarized, reflect: 1. For Structural Design Work - 4%.
2. For ~ater Line Design Work - 3.25%° 3. For Consulting Services
during Construction - 1,5%, such contract to be approved by the City
Attorney, and that the mo~ey for same come from the Contingency Ac-
count of the Water and Sewer .Fund, with that account being reimbursed
at such time as there is a sale of the certificates. The est/mated
fee charge would be in the vicinity of
City Attorney Adams explained that amount would be paid in progress
payments as the plans are prepared~ further, that City Engineer
Fleming should be asked if he has gone over their proposal and feels
that everything is in order and that the City should pro~eed.
City Engineer Fleming said he had looked over the plans for the
water plant and as far as he could see, w~th the letter he had written,
w~th which they are complying, there would be no reason why they
shouldn*t proceed with the design of the plant.
Mr. Saundere asked about the design of the proposed water treatment
plant on display in the City Hall, and City Engineer Fleming said that
Russell & Axon had been asked to modify that, as it appeared to be too
expensive o
During dis~ssion, City Engineer Fleming explained that structural
work actually pertained to the .building, the filter beds and all
structur&l units :as against pipe lines and the laying of lines. Fur-
thor, that about 95% of the design of the plant will come under the
strue~ra i portion.
M~'~ 'J~rney moved ~ha~ Russell & Axon be directed to proceed with
the ~1nal engineering ~eSign for the water treatment plant according
to th~.ir:le~ter of June 4th, 1965. The motion was seconded by Mr.
Saunders and unan/mously carried.
6cbc conce~[fig proposal_ for financing a capital improvement program
certificate issue, City ~Anager worthing commented as follows~
proposal from the City's fiscal agents, Goodbody & Company and B. Jo
Van ingen & Company~ Inc., for financing a certificate issue of
$1,000~000.00 has~.~, been furnished each Councilman, which issue is for
'purpose o~?'~roviding funds for Capital Improvement Program
the
Pro-
jeers, and s~)~-t to Council approval thereof, a Resolution has been
prepared aut~gZing said fiscal agents to proceed with said financing.
Further, for the benefit of the public, should this Council act favor-
ably upon thia certificate issue, it will not cause any ad valorem
taxation in addition to the present taxes, as funds to meet the re-
quired requirements to retire pri~ipal and interest and to provide
for reserve account have already been earmarked from a 60~ increase
in the cigarette tax revenue, and those proceeds have been set aside
and future ones earmarked for this purpose." "---
Mayor Avery said he believes it is the desire of the Council to get
as much money as possible with the money available instead of limiting
it to $1,000,000.00, and £ollowing d~scussion, City Attorney Adams
read RESOLUTION NO. 18-65,
A RESOLUTION OF THE CITY COUNCIL OF THE C~TY OF
DELRAY BEACH, FLORIDA, AUTHOIt~ZII~G AND INSTRUCTING
THE FISCAL AGENTS TO PROCEED WITH F~N~NCINO FOR
CAPX~L LMPROVEMENT PROJECTS IN AN AMOUNT WHICH CAN
BE FINANCED BY THIRTY-SEVEN AND ONE-HALF PER CENT
(37~) OF THE ANNI~L CIGARETTE TAX COLLECTION.
(Copy ok Resolution No. 18-65 iS attached to the off,cia1 copy of
these minu~es. ) (6) 6-14-65
(See Pa~e 186-A)
179
Resolution No. 18-65 was unanimously passed and 'adopted on this
first and final reading on motion by Mr. Croft and Seconded by Mr.
Jurney.
Mayor Avery said he felt "it woul-d be proper at this time to con-
sider appointment of a Capital Improvement Committee, and Mr. Saunders
moved that the City Council be the Capital Improvement Committee, the
motion being seconded by Mr. Jurney and unanhnoUsly carried.'
6.c. This item was stricken from the agenda at the request of the
person involvedo
6ods The Council was informed that the Delray Beach Little League
requests Perm~ssion to solicit funds on Saturday, June 19th, for
fur~hering Little League and M/nor League activities in Delray Beach,
through house to house solicitation under 'direct supervision of the
League's President, Mr. William H. Watkins, and that it' is recommended
this request be granted°
Said request to solioi.~ funds was unanimously granted, on motion by
Mr. saunders and seCOnded by Mr° Jurney.
6.e. City Manager Worthing informed the Council that the following
bids had been received for extending needed security fencing around
the Tennis Clubhouse facilities=
Florida Fence Company
.Hurricane A~fng .':& Fence ..Compa,y $920.O0 .~"
FUrther, that it is recommended that award for furnishing all labor
and material for installation of 260 feet of fencing, 8 foot hi w
a~aa%iJ. AvenUe im~.r:.:_~_~_~ .~or:$.ame?e .~r_ansferred from the west
· --~, mov~u ~na'C the bid be given to the low bidder,~ Florida
~ence Co ~m~. n.y in the ..amount of. $690700 .and ~that the
r..e~ .~s reco..mm.?ded. the motion being seconded by Mr. funds be .~ansfer-
mousey carried. ' Jurney and unani-
6;'f'-Re-q~!n'g .e0mPiet~On o~' the Tennis Clubhouse building;
Ms'namer 'W6~;th~:nq ~Z~formed the CoU~Ci~ as follows: ',~B~ds.Were' Solicited
from SeveraI c°nt~.actors for comple.2ion Of _the ?enn[s ClubhOUse build-
ing,' as .rogues.ted by .the..Tennis Committee and in.accordance with. Plans
~nd sPe~ifi~a~io~S' submitted bY said committee, only the foilowihg
l~id~ were..r.e'ceived:
Somerfo~d Construct[on' Company $5,439 o 00 '
James I. Sinks $5,820.00
Subject:to Council approveI of these desired, improvements for ¢om~
pie.fica' :6,f the ~ennio "Cl~houee building' i~C ~ recOmmendS~ .tha~ 'the
!0~ b~d.'b~. ~cePte-~ ann :funds for ouch 'e~enditure be auth°~lzed"tl
~nsfe~red fro~ the we"" "-':
.- .- : <,,,~ ~x~Aan'C~o AVonUe Xmprovement Fund to Capital
zmprovements o. .
- ~'ll~ing ass~an~e that the ~ork covered ~ ~.said~bids ~d 'com-
p.~etely f~nish the Tennis C~u~house building. ~ith the except~on:og a
~3,'o0 :kte~ :for secur~'tr'm~as~e~, ~. ~urney moved .tha~
0£ $5,439'°00 from the'~SOmerford const~uCtion Compan . ~e aeCe te
·-. -.%~ ~v~ue ~mp. rovemen~ Fund' to CapitaI lmProvemeht
was:.Seao~ded bv Mr ~,~,,-'_ _ . ... . · ... . The motio~
. : . · ~.u~ .aaa carr~ea .:unanimouSly.' '
merit, :city Ma~nager~ Wo=th~ng informed the C6uncil as f0i'lowS= Thai .
f°ll°Wi~g 'bias have ~een received for~
_ 1. ::.,:~,.P~v~a,t~.. ?,heel ,tractor with hydraulic back-hoe and
~:;'%" ::"~l ':" ~' ~ ..... ~'" ,.,JLidsMeeting speci~lcation
,. ng~nee.ring MiChine ~omPany ' ' $6,.000.00'
~ "i':De~ar~''T~actor &"L~'Pli'-~lt Co- ' 6,1~0.00. '
-?- 6-14-65
180
"Snglneering 14aehine Company (Alt.) 6,332.00
Square Deal ~aohine~y Company 6,600.00
F. & C. T~actor & Rquipment co. 6,945.66
Trail Ford Tractor Company 6,975.00
2. ~ gasoline driven se~er rodding machine.
0 ~ Brien Manufacturing Company $:2, ?00 o O0
Southern Pipe & Tool Company 2,844.05
On April 12~h, Council approved rehabilitation of the old
system by City.personnel, at ~hich time estimated cost of these
't~o items to be used, in part,'in conjunction there~th, ~as
$11,000.00. Approval is requested for the purchase of these t~o
pieces of equipment from the lme qualified bidders, the City Bngi-
neet and Se~er Department's Superin~endent concurring in such
It ~as so moved by ~o Jurney and seconded by Mr. Croft. Upon call
of roll, ~r. Croft, ~tr. Jurney, ~ro Sa~nders and Mayor Avery voted in
favor of the motion and ~r. Talbot ~as opposed. Mr. Talbot explained
the reason for his vote is that at one time there ~as a p~esentation
in the amount of $$,000.00, ~hi~h contract ~ould have given the City
what the end result cost ~ould be to the City! further, it is his
hope that the cost will be less than anticipated.
6.h, City ~anager Worthing presented a survey report 'of properties in
violation of Chapter 15 of the Code of Ordinances, and stated that if
it is the desire of the Council, the Clerk should be directed to eom-
ply with said Chapter 15 of the Code, as applicable to such survey
report, in order to provide for abatement of the nuisances determined
to exist.
M~. Talbot pointed out that item 6 on said survey iist is adOacent
to the Reborn Clinic on N. E. 8th Street, and that the Christenson
property to the w~st of said Reborn Clinic is also in violation of
Chapter 15, but due to conditions contained in the. ordinance annexing
the Christenecn property to the City of Delray Beach they could not
be required to clear their property at this time.
Following discussion, Mr. Talbot moved that the City Manager be in-
structed to comply with said Chapter 15 of the Code, as applicable to
such survey report, including the Chrietenson property to the west of
the Reborn Clinic, and ~hat parcel to be done at the expense of the
City. The motion was seconded by Mr. Croft and carried unanimously.
(Copy of said Survey report is attached to the official copy of these
minutes.) (See Pages 18S-B &
7.a. Concerning a proposal from County Sanitation for providing
Delray Beach with a garbage and trash collection service, City Manager
Wor~hing informed the Council that it is recommended that consideration
of said proposal be deferred for study and poSSible workshop discus-
sion, at such time as actual annual costs of City operation for this
service have been determined, along with-other relating cost factors,
Said item was deferred, as recommended, on motion by Mr. Saunders
and seconded by Mr. Talboto ·
7.b. City Manager worthing informed the Council of a request received
from Sherwood Park Developers, 1nc., for perm~ssion to use the East 73
feet of Lot 7 and all 'of Lots 8, 9, 10, 11 and 12, Block 7, Sher~0od
Park, together w~th parcels lA, lB, 2A and 2B in Section 24-46-43 as
shown on a sketch attached to their request. Further, this request is
for permissive use of sa£d lands for construction of a church and
various and proper affiliated buildings, and in compliance with. Sec-
tion 29 of the Code of Ordinances, this request should be referred to
the Planning & Zoning Board for a public ' hearing to be held thereon.
It was so moved by Mr. Saunders~ seconded by Mr'. Croft and u~animously
carried.
-8- 6-14-65
7.c. Concerning abandonment of a portion of a utility eaoement, City
Manager Worthing reported.to the Council as follows= ."Sherwood P&zk
Developers, Inc. request abandonment of the Fact 573' of a 6' utility
eaoement in Block 7 of She~d Park, ac appears in Plat Book 27, page
161. with Florida Power & Light Core, ny, together w~th Southern Bell
Telephone & Telegraph Company, having ~onoented to waive all right in,
and need for ouch eaoement, it io recommended that this ~equest for
abandonment of the East 573' of a 6' utility, easement in Block 7 of
Sherwood Park Subdivision ~e approved, ou~ject to, and effective at
ouch time ac, acquisition of the Esot 73' of Lot 7, &ll of Lots
10, 11 and 12 in Block 7, a~d lO acreo of contiguous-land to the oouth
by Christ the King Monaotery, I~C., and 11.55 additional contiguouo
acres by the Catholic Dioceoe of M~ami, hao been made a matter of
cord in the Public Recordo of Palm Beach county. It may be the piece-
ure of the Council, in as much ac this io related to the previous item,
that thio Be referred to the Planning/Zoning Department.."
It was so moved by Mr. Saundaro, oeconded by Mr. Croft a~d unani-
mouoly carried.
Mayor Avery said he felt the C£ty Manager would Be wise to clear
with the Engineering Department in thio matter, ac well ac the Plan-
ning/Zoning
7.d. City Manager Worthing infomed_ the Council that the Tennis Com-
mittee re~o~mendo certain additional oecurity measureo, ac indicated
, ,m~.te~? ~27, in 'exchange 'for a. jcitof-o~ned Pa3~cel'-o~':~!and.~: .Ur~
et a=d .:,
So.W. 'lOti~ :'S~eet and U ..ompr~oeo Over '12,000" oqua=~'; '~e~t,: 'piui' '
" aP~3r6xi~a'vei¥ ~lO0 feet ~ ~Oth se~ree~ f~on~aqe ~'~"eXcess ,of~ the
. C'~ned.'-t~ac~';~t~'420"S. E';: "lOth Street.' ~ ' ......
tO favorable "Conside~atio~- thereoh,: and` before an. exchan ~ 'Of
property Shall be effected, a notice~ setting forth the termo
and conditiono o~ any such exchange~ ohs11 first be. published
:i;.
"Effective January of this year, John Ross Adams, the City
Attorney, was admitted as a member of our partnership and
because of the poosibility of interest conflicts I do not
believe I should serve upon such Board.
I hereby submit my resignation from the Board' of Adjustments,
effective upon your acceptance."
Mr. Worthing informed the Council that the Board of Adjustment
recommends that Mr. John Wo Spinner be appointed as an al~J~rnate mem-
ber to Mr. Ward Robinson, 'on said Board, as a .~eplacement due to the
resignation of Mr. New~tt.
Mr. Croft moved that Mr. New, tree resignation be accepted, with
regret, and that he be thanked for his services on the Board, also -
that Mr. John W. Spinner be appointed to fill the unexpired
The motion ~as seconded by Mr. Saunders and carried unanimously.
Ma~or Avery asked that a proper letter to Mr. Newet~c be prepared
and he would sign same.
7.h. City Manager Wor~hing informed the Council that Mr. Robert
Gracey, of Grassy Bro,~rs had submitted a proposal making it possible
for the City of Delray Beach to acquire a tract of land between A1A
and the ocean, commencing at a point 300 feet south of the Hamilton
House and running southerly therefrom to the South Shore Apartments,
a distance of 500 feet.
Mr. Talbot moved that said proposal be received and that it be
tabled for study and that all details be checked into. The motion
was seconded by Mr. Saunders and carried unanimously.
8.a. City Manager Worthing presented RESOLUTION NO. 16-65.
A RESOLUTION OF THE CXTY COUNCIL OF THE CITY OF
DELRAy BEACHe P~ORIDA, REQUIRING PLANS, SPECIFICATIONS
AND ESTXMATE OP COST ~OR CONSTRUCTION OF STORM DRAINS
IN SECTION "S" AS SHOW~ ON STORM DRAINAGE SYSTEM SUR-
VEy FILE T*F. 1868-8, TOGETHER WITH THE INSTALLATION
OF CATCH BASINS, MAN-HOLES AND APPURTeNaNCES IN CON-
JUNCTION ~FXTH SUCH STORM DRAINS.
(Copy of Resolution No. 16-65 is attached to the official ~opy
of these minutes.) (See Pigs 186-D)
Mayor Avery reminded the Council of a prOmise to residents in this
area that something would be done about the critical Condition of said
drainage.
City Engineer Fleming informed the Council that there are plans and
specifications for this work that need o~ly to be updated.
Mrs. DOrothea Montgomery said she believed there had been two drain-
age plans on SeaSpray Avenue, end to her knowledge the owners paid for
same the first time, and that the City shared the cost with the proper-
ty owners the second time, and asked if the Council thought this would
be the final drainage installation.
City Engineer Fleming stated that the present drainage on Seaspray
Avenue consists of' an 8 inch outfall, and that a' 30 inch outfall has
been designed .for installation= further, that a portion of the old
drainage had been aSSessed, and ,some decision would have to be made
as to how the prop0~.~9~ drainage ~ould be assessed. He suggested that
it be assessed aga~{ the entire benefitted area, with credit given
to those who have been assessed for the amount of assessment they had
previously paid~
The City E~lgineer explained, that said 'drain would also have a tide
gate on it.
Col. D. G. Campbell said he would be within that drainage district
and would be happy to be assessed for such a program, and asked the
C~ty Engineer if the problem of water standing on Beach-Drive at high
tide would be eliminated in this drainage program.
The City Engineer informed Col. Campbell that that condition would
not exist, and that it is his belief, and the belief of the-designers
of this drainage program, that there is sufficient fall there at pre-
sent so that the water would flow out~ that it is merely a pipe of
adequate size there now, and continued: "The pl'ans that I referred
to were made by BroCkway in 1960 and paid for by 'the City. The com-
plete plans and specifications, They came up to the point where they
were given to us for approval. I have not approved them and made the
final changes in them. We w~11. make certain that the area will drain,
whether it is high or low tide. If a lift station is necessary
there, which .I donSt believe st the present time is necessary, that
Will have to be adde~ to the design."
Col. Campbell commented as follows= "You 'mentioned that the people
on Seaspray Avenue may be given credit for what has been charged to
them in the past. Is it the fault of the rest of us that the City
fell down originally so that now credit is going' to be giVen to those
down on Seaspray Avenue and the rest of us are going to carry the
load? For instance, 'I am two ~r three hundred feet around tho corner,
but am certainly on the slope and certainly woul~ be charged my share,
or whatever it may be, of the expense. But if the City has been wrong
in the past in its design, and the people on Seaspray have not been
helped by it-.--si have known any number of cases and so have you,
where the City has accepted the responsibility for mistakes made and
not charged for it, as Bas been suggested here, to those of us' who
M~Yo~. AVe~, inforr~ed'.[~ol..' Campbell 'th.a'~' h~Lsl ',point wa-~':i~e: I;,'A.
~d :a' ~e~ora"°f ~ame w~ u'ld ~e. '~a~ 'tn order :tha~ 'the~'cit¥ .~a~a~e~.
f£rst and"f ~nal 'reading on motion bY Mr ;.: Cr0~t 'and. seco~de~ 'bY~ '~
:: -..~:'., "~alb0t. ~.e,m~ded..the. C~unci.1 t~'s~Vera~' months' .~0' he. ha4~
~Tais.~ed....that- a: .'.s.~udy. be made 'and.-a mas~r' ~r.m~ sewer :.p~0g~.~ be corn-
· Plete~ ... after. .~hi~ .th~ most '.~p0rta~t' prOject~- be ~o~letea fid'St,
~t. ein~e 'that has ~t.,been~ .a~;~"he would, consent to vote for. the
passage of thiS' =eS6iUtion,' '" ' ' "' ': .' .... i::-'
':~.b. City Manager Worthing-presented R~SoLuTION No.' !7~65; '
"? czar :,: '. :'
iN SECTION "0" AS S~OWN ON S.TO~ D~AI~E SYSTEM.
· · (Co~¥ °~'~es0iution'-NO. :l~.-.e5 ~ ~a~h-ed" to't~e ~tC~al ,op~ of
~ese ~i~utes) (s~e" Page., I86~E) '" :: ' ....
first'and ftha~f'reading, On motion by ~.-Saunders and seconded by
-Croft:. ~, Ta!~t.sa~d he voted fo~ said re,slutish'fOr ~e same.
reason as S~ed cO~=e=ning R~S~lUeion N6; 16;65.'
S.~. City ~anager Worthing rp~esented O~I~NCE ~. 23-65.
.
AN 0~~ 0F T~ CITY C~CIL OF ~ ~I~Y 0F '~ ,
"TO ~ PE~O~'"BY ~ID DIe. OR; ' :
:" '11,.~ ' .- 6-14-65
(Copy of Ordina~ce-No, 23-65 is attached to the official copy of
~hese minutes) (Bee Page 186-F)
There being no objections to Ordinance No. 23-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Croft and seconded by Hr. &urney.
8.d. The City Manager presented ORDII~h'C~. ~0. 24-65.
AN ORDZNP. I,~-.,B OF THE CITY COUNCIL OF THE CZTY OF DELRA¥
BF~CH, FLORIDA, ANNEXING TO THE CITY OF DELRA¥ BEACH
CERTAtN LAND, N~tEL¥ LOT 44, DELI~AY BEACH SHORES, WHICH
LAND IS CONTIGUOUS TO EXIST~ MUNICIPAL LIMITS OF SAID
CITY! REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND~ AND PROVIDING FOR THE ZONIN~ THEREOF.
(Copy of Ordinance' No, 24-65 is attached to the official copy of
these n~nutee.) (See Page
There being no objection to Ordinance No. 24-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by M~o Croft and seconded by Mr. Jurney.
9.ac City Manager Worthing reported to Council as followS:
"With regard to report concerning additional street lighting,
requested by Council, and as a result of sttrvey for such need,
which should not necessarily he considered concluded, authori-
zation is requested for providing additional lighting facili-
ties in the areas show~ below. Estimated annual cost for such
added services is $~,147.00.
1o SEAGATE AREA - Southward from Casuarina Road, not including
A1A, recommend increasing the existing 2500 lumen, incandescent
lights to 4500 mercury vapor lamps~ also providing for install-
ing some additional lights to better serve the area, particularly
several dark spots due to curvature of roads or existing lights
being obstructed by trees , .... $ 622.00
2, .BREEZY R~DGE ESTATES - Recommend increasing the existing
four 2500 lumen lights to 4500 lumen mercury vapor lamps~ also
providing for one additional light to be installed... $ 88.00
3° O~EAN BOt~LEVAI%D (~1A) - Recommend revised lighting system
from N. E° 8th Street southward to Del-Harbour Drive. $1,900.00
4. EAST OF ~TERWAY - South of Atlantic - Recommend 3 additional
lights~ (Miramar Drive - MacFarlane Drive and Shulson Street
areas) ..... $68.00
5. EAST OF ~TERWAY - North of Atlantic - Recommend 11 added
lights, (At various lo~ations, list of which is available if
desired) .... $248°00
6. NORTH OF ATLANTIC AVENUE from F.E~C. Railroad to WATER~Y -
Recommend ? additional 2500 lumen lights (List of proposed
locations is available if desired)... $158.00
?. SOUTH OP ATLANTIC AVENUE from PoE.C. Railroad to ~TER~Y-
Recommend 11 .added 2500 lumen lights .... $248°00
8. BETWEEN NORTH AND SOIF~H $~'~NTON AVENUE and F.E.C. Railroad -
Recommend 31 additional lights at various locations, list of
which is available if desired .... $697.00
,, ~. ~o~m~s_
~' ~ast 4~ Ave~e from o
"~eet. · ueSt=ed'
· .~Z,000.00s. E. let s~=eet to
12. 0n N. E* 8th S~eet f=om Fede=al Highly ~ A~... ~1,600.00
List of vami
Slmed, .... OUs .~d~itiona1 li h~ .
~iOn Of Co
If O0
f/sea/ Year , ~otl_ .._ result .~ ~ Co.oil
added a ' a~ ~ recom~.~_ u~8 ~o~ ~ ~CO~D~
a. " ficieat fu.~.li~ht~ as ..~'. ShOUld
f De1 :.~ .... . a~d ..... ~pa~en e~ ~s
Y Sea ...... ght C ...... .'..a!ao made
~e ~a~h -- ~' and :,__ ~n~,""~ ~,,~...__by ~e O'
. -.....~it ...... · . ....... e been ~i~ ~ .
for o2 ~ ... Of ~.. tag ~ , Var
. .~e 1 red -, · is 1t ' . iB fie Y lift'
, '..vus~ o~--. ~rOJe~ L"~' ~e- ~= ~'*~- Pe~-_~. ~ze
~- ~n~1,.. : , r.~-~a~g ~ ..: . ,: .. ~.*, -.--
.... ~e ~e ..... gat , ,eh
' ~ :" ~Aoe '.*~ . r add/ :"~,Y~
P~otect~; . tional~ i:~-~a~e,
' Y~. spent, ".~' .... ~ ~aid She
?-'~" Est/mat-- '-" ~°ll°wtag'~cll~ :Cg~tde~a' ' '
~lgh~s 2_ : -a an. .... esc~ _:. t/o~' ,~: ::,..-
.... ., ,.~e" ::-': . ral ' - ,-~ Prov/ -
...... ~ end m Z'Iai ' ' ~- ~Y tr : ~
· gars'I .~p~oxima~.., land, ~.~.~ ..~
~PPe~tte~'~: !/~flt~"~a not wi;~-°f ~e ~r_~ - ~ , ":
.... ma - . · An t ~ tries ·
- ~,- - * ~ ~ he a
.',,t ~at8 ~: · . . aid ~A ..Y ttmtte ~. _ at to'~_
~ng t ..... ~ ..... e a ~1 e
..... n ~ , ~1~ -- nnexa L
. ~ :. . 14.6s ,.'~/~
186
lO.x. ~. Lindsay ~ve referred to Agenda item 7.e., and infomed the
Core,oil that as a result o£ the intended Rude that Ford R. Car~r,
Xno. had hoped to make ~ ~e City, ~e~e ~e plane to make a
t~lve acre shopping tenor whi~ lands ~uld have been ~exed to
~e City if ~e ~il so ~itted, and ~at ~e p~y pro~sed
to be traded ~ ~e City ~uld ~ an ideal furze fire station site,
as it had ~en previously sUgges~d ~at 'th~ City hold ~eir 10~
S~eet land for such p~se.
lO.x. ~.-'~l~t said ~ere..is .an element ~f vandalism at ~e Com-
m~ity C~ter and ~e CitY.Il, a~d. ~at ~t ~.h~s desire'to
placing flood lights at all fo~ co.ers of the City Hall, or what-
ever m~gbt be considered ads.ate by a ~al~f~ed electrician~ also
~e same for ~e ~unity Center, and ~at the fibres on ~st be
presen2ed ~ ~e
~yor Avery asked ~e City ~nager to ~mply wi~ ~is re.est.
10.x. ~'C~ty ~nager worth~ng read ~e following letter from ~e ~u~
Palm Beach cowry Soap Box ~rby, dated J~e 10~ 1965, and
mended-~at th~s request be ~an~d, with f~ds coming from ~e ~n-
tingency F~d:
"We ~uld again l~e~ ~a~ YOu for ~city~s cooperation
~n last ~ar~s ~ap ~x ~rby.
~e 1965 ~rby is jus~ arced ~e corner and we look for~rd
to your continued sup~rt. As ~u undo~tedly rem~ber, ~
City of Delray Beach last ~ar donated a $~0.00 Savings Bond
and a ~ophy. we a~ asking ~e year, on behalf of the Sou~
Palm ~ach Co~ty Soap ~x ~rby, for a donation of ~57.50,
$37.50 ~or ~e Bond and $20.00 for ~e
~king ~u ~n advance for ~ur coo~rat~on."
It ~s ~d ouC ~at ~eze is not s~flcient money ~n ~e
Recreation Budget ~ cover ~ls item, and ~. Croft moved ~at
re.est be a~rove~, wi~ money to come from ~e Contingency ~d.
~e motion ~s seconded by ~. Tarot a~d carried unanimously.
10.a. ~e City Manager presen~d Bills for-Appro~l as
General F~d $ 164,115.52
~ter ~erating ~ Maintenance F~d 6,748,17 '
~r Revenue Fund 35,314.65
Special Assessment F~d _ 2,130.86
' Refundable De~e~ts F~d' 6.666.07
Beach D~saster Fund 60.00
Improvement F~d 6 ~ 578.64
~. ~oft mo~d ~at ~e bills be paid, the motion being seconded
by ~. Talbot. ~n call of ro11, ~. Croft, ~. ~rney, ~. Saunders
and ~.' Talbot voted in favor of ~e mO~on, and MaWr Avery void
"no". Mawr Avery ~alified his vo~ in ~at he ~s an off~cer of a
company ~o has a b~ll in said Bills for ApprOval.
~e meeting adJourn~ at 9:48 P.M., by order of ~r Avery.
City Clerk
MAYOR
-14-- 6-14-65
Minutes
Traffic & Parking Committee
June 15, 1965, 10~00 A.M.
Present= Chairman, LeRoy Merritt, John Kabler, James Love, R. C.
Croft and John Gregory.
After considerable discussion concerning the land sale proposal to
the City by the Cottingham Cor~oration, a motion was made by Mr.
Kabler to have Mr. Worthing write to the Cottingham Corporation,
thanking them for their offer, but advising that the purchase is
not feasible at this time. The motion was seuonded by Mr. Croft
and carried.
It is reql/ested that the City's Engineering Department furnish this
Committee with a map showing the actual pavement line of A1A, as
compared to the Brockway Line.
The Committee requests that Mr. Worthing write an appropriate let-
ter, requesting a possible selling price of the Sea=rest Hotel pro-
petty at the corner of A]_~ and East Atlantic Avenue.
A motion was made by Mr. Kabler that this Committee recommend to
the City Council the purchase of Lots 20 and 21, Block 92, for
additional parking, if said lots can be bought at fair market
price, and that no exchange of property be considered. Motion
was seconded by Mr. Croft and carried.
Respectfully submitted,
LeRoy Merritt, Chairman