09-13-65 249
SEPTF~4BER 13, 1965.
A regular meeting of the City Council of Del=ay Beach was held in
the Council Chambers at 8:00 P.M.", with Mayor Al. C. Avery An the Chair,
City Manager David M. Gatchel, 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. Rudolph Jo F~yl.
1.a. The~ Pledge Of Allegiance to the Flag of the United States of
America' was ~iven.
2. The minutes of the regular meeting of August 23rd and special meet-
ings of August 31st and September 3rd, 1965, were unanimously approved,
on motion by Mr. Saunders and seconded by Mr. Jurney.
3. Mr. O. F. Youngbloo~ informed the Council that he is concerned
with the proposed South Palm Beach County Vocational School, which had
been recommended by the Inter Racial Committee a few years ago to the
Delray Beach City Council, and further recommended to the Palm Beach
County Board of Public InStruction.
Mr. Youngblood said that he and Mayor Avery had met a few months
ago with the state members of the Vocational Department, and they had
accepted the idea~ further, ..the~ .~n. article in ~he Sun-Sentinel re-
cently stated that such a '~=op°~d sChOol had been accepted and that
a million.dollar. Vocational School would be built in Boynton ..Beache
acre trac~ of' la~d' to'~the 'B0a~d"of Public. inst~uction fo~ 'sA~d.'s~hO01
and asked if th® ~ity °f'De~aY B~ach had' land they would' Want
for such-a school;' "and qUes~'~id' whether the' County'h~d ~and"~heY'may
want to give.
Mayor Avery said he .und~st.a. nds that ~he. State .Educati~on .Department
is to send~a ~eam djwn to ihveStigate the proposed' site, and
¥oungblood said .that team ha.d not been down as, Met, and he. had been in-
formed'.that the team' is cOm'ing~'with the idea of accepting the 20' acre
plot u~leSe 'something else is offered.
,. During discussion, Mayor Avery suggested that the Council aen~ a
lette~ 't~ .~he CoUntY Boars 'o~ PUblic InstructiOn. and.to' the'. Sta~.
VOcational ~eam 'and ask th~t ~they contact the City Manager and'
Jver available sites in. DezraM Beach ~o~ said echool~ further, he
stated that there, had. been a .meeting of the Council with .Dr.
~horp, a'member of the BOard' of Public InStruction, about school. .
locations and the ~0.ard ~. that time was interested ia. a. 10camiOn'at
~he South end of De!ray Beach, and the Council had assured,them tha~
at the p~o_Pe~ r time, said 'la~d would be made available to the Board of
Public Inat~uction.
Mr. Saunders mo~ed that the Cit~ Manager be instructed to contaCt
the pr.oper' authorities 'aa~ inform them that Delta¥' Beach is.still ~n-
terested in said Vocation&l'SchOol and has sites available, the motion
being seconded by N~, Eu~ney, and unanimously carried._
~:, ~albot said .he Understood from 'Dr. Thorp, at the time of last
~ee!;~g with him, that this item would be brought back to the Council
at the time ,it ~as considered further.
3. ~. Frank~F. Ellis o~ ~oP~c Palms SubdivisiOn in~o~med ~he ~uncil
~a~ he had ~en coming to ~hem ~h~oughou~ ~he pas~ ~ea~.in an a~emp~
~o ~e~ the s~ree~a' ~epai~ed~:in tha~ s~division, and had 'been. ~old ~a~
i~ ~ula ~e on ~onigh~'s agenda, .ba~ he did no~ ~ind ~ha~ ~o be
Ci~7 Nana~ 6a~el e~laiaed ~o Council ~a~.due ~o o~her
mat~ers ~(a~r~cane Betsy, e~c..) he .had not' called ~. Ellis p~i0~
~h~s me~ing,: :.Aa in~ended, .~o in~0m him of wha~.s~ee~s in ~ha~
division ale ~n ~he City paving p~og~am d~ing ~is c~ing budget ~ar,
and ~a~'~sa'~d 1965,66 p~o~aed budget is an agenda i~em fo~
co~sid~'~a~ion tonight.
. , 9-13-65
250
3. ~r. O. F. Youngblood asked about a letter from the Sherman williams
American ~egion Post No. 188 requesting Council permission to hold
their Annual Thanksgiving Festival in Noven~b~r on City grounds.
~r. Youngblood was informed that said request had been.presented
too latetobe considered on this agenda, and same would be placed
on the agenda o£ the next regular meeting.
3. Mrs° Dorothea Montgomery thanked the Council and all City employees
for the magnificent Job don~ with regard ~o H~rr~cane'B~t~y.
3. Mr. Jimmy Jackson, a local resident, commented as follows: "I live
on Lake Ida a~d have worked closely with the City for many years.
consider the majority of your people well informed citizens of Delray
and familiar with the problems we are having with the water level in
the Lake Ida area. I fully realize that Lake Ida is, for the most
part, in the County and few City taxpayers actually live on the Lake.
In my opinion, Delray Beach is a highly successful and respected
munity with opportunities for a11. This area, in the field of sports,
as well as industry, could be highly~ompetitive, but as the community
stands now, it is barely holding its ow~ and in some areas, being by-
passed. I am not very old, but I can remember when Delray Beach was
on the map, so to speak, and known for its success in football, basket-
.ball, swimming, tennis, golf, s&ili~g and water skiing, to mention a
.... few. With the exception of Grimes Manufacturing and a few other
dustries that'we do have that support the ~erchants in this area, what
have we'done to encourage this type support so far as the young adults
go? The next'question seems to be= How much support do we, as a com-
munity, want, and what are we willing to do for it? Another question
is~ %~nere do we get this support, Once the so-called supporting senior
citizens die off? The ~nly answer seems to be from the young adults
in this City and surrounding areas. ~nere does this leave us as a
community? Just one place it leaves us. It leaves us like so much of
the hard'and pregnable macadam roadway that has washed away into the
ocean~ this past hurricane left AIA, as everyone k~ows, quits degraded.
under water and sinking fast. I'm sorry, but I don~t have all the
answers to the pro~lems that the City, as a whole, has, but I do know
that if we, as a community, don~t start supporting the young adults of
the City, and the hopeful taxpayers of tomorrow, we will sadly need to
rescue the major portion of the City from'beneath the sea. I don~t
advocate that we give them everything as in the past, but make them
realize and become fully aware of their responsibilities as future
citizens. This is done only by making them want to become an integral
part of this township and willing to contribute the necessaryingredi-
ents. ThiS, of course, gentlemen, isn*t why I came here tonight, to
just degrade the City and say that we, as a whole, haventt done a great
deal for the young adults, because with the new recreation center and
many very fine areas in this town, it seems to me that in some places
we haven't done all we could, and I think maybe we should sit back and
revise some-of these plans and 'see if we can make the young adults want
to participate in these things and not give them all the things. There
is so much made available ~or them that they don't take advantage of.
I think in some areas we have slipped, and perhaps we can make them
want to become a part of this. This is an important part of the suc-
cess or the ~ailure of our City.
My primary pc=pose for being here is to ask the City to try and in-
prove upon the facilities available for athletes in this area. I am
sure some of you are familiar with the ski program we have had in this
area, and just recently I haveundertaken a model airplane class, try-
ing to go to Florida Atlantic University, and also umpire for a slow-
pitch softball league.
Regarding the ski program, we are having a little difficulty on the
lake with no water. This is ~not a City problem, as there are only a
few actual City taxpayers that are involved, but it does create a pro-
blemwith insects and $me11. It used to be a tremenduous attraction
to the City, and I have received'letters' ~Tom~people saying that they
would be willing to come back to the City and reside here and bring
-2-
25:l
their families and move into .the City, but there seems to be. nothing
available for these young adults, and they had either been sailing,
swimming or' Water skiing.·
My real purpoSe:here' is to ask you if: it WOuld be possible to write
to either the South. Plbrida Flood. Control District or Lake Worth Drain-
age District to see i'f we can get something done. about raising the
level of Lake Ida and resuming some Of these very' successful activities
we have had in the past."
Mayor Avery, announced that Jimmy Jackson is an international water
ski champion and has given Delray Beach much publicity all over the
world; further, "Jimmy Jackson' is. a young fellow that has given great-
ly of his time. Last year, for the City of Delray Beach, he volunteer-
ed and instituted a water ski program as part of our City recreation,
the first City in the United States that' had thiS' program and it was
filmed by several companies, and Del=ay BeaCh is' getting world-wide
publicity from this boy."
Concerning the water level of Lake Ida, Mayor Avery commented:
had a call from Mr. Bi1! Peterson, and at that time, i called Ed Dale,
executive head of the Central and South Florida Flood Control District,
and he said they controlled the structures, 'bUt the Lake Worth Drain-
age District provided the water, and 'he wouId call them and coordinate
it. Jimmy, is a credit to his communitY. He called me'. today and I
asked that he come tonight ~nd approach thie:'tBing,.and I think.th,at
it~,'X~., quite ' ePpr~r£at~o '.' 'S~nCe.. that: time, ~:~ha~e :~alked" to'(the.:
Engineer :~.~.'he":~$ '~Nt the ~water ievei' in: the.. leke, ~' W~c~:' ~'
9% ~et".l~,;'~h~a~ns':'6ur water~ supply. : X think it ~s ~,quite a~propri-
ate i'~hati'Yo& 'i~t .the" Ci~y.'~na'~er ~ to:'wri%~'i a .xet~r ~.i-ll?,. t~9~
and '~outh".~X~rtSa. Flood cont;~O1 ~istrio~, .- and. 'the c~nt~-
u~ing ~o~':~nly th~ ~rea~ion, but the .danger of our ~er sUpPly, and
that it be brough~ up to the-pea~-C~ens~ra~e ~ith .ggod' h~rr~ca~
.ection~ ..... I% .~s so moved by-. ~. SaunderS and sego~ed bP ~. Talbot.
pon cal~ 9f roi1, ~. ~oft, '~. SaunderS ~. Tarot and Ma Or Aver
vo~d in, f~ypr of., the mo~ion~ and.~. J~ney was opPOsed:; - ~.'
t~ ra!~. tbS.. ~r:. X~v~l-"t~': La~e' ~ida' ~his ~e' ~. the' year~' ~s"~:k~
4. A':'~O~i ~:~Xl'~o~d the lolling Civic Organizations and represent-
atives to be in attendance:
Beach ~x~rs ~ague, Ine., ' ' "' '?'
~uSiness & Professi~nal ~an.s Cl~ m
Zonta 'International ~e'. ~rothea' M~n~gomery,
~huffle~ard C1~ ~. C. W. 'Rice
Chair of ~m~ree' ~. 'Kenneth Elling~th'
sh~an 'Wiil:!amS~ A~rioan Legion "'
U~i
. 188 Mr. O. r. "YO ~6~ ~"
5. 'City. Cl~k~Worthing read. the'following letter, eddY"Seed' t9 M~yor
vx9es. 9~' ~he' aoa~ 9ff p~l~c Ins~ruC~ion o~ Palm BeaCh 'C~n~Y',: da~ed'.
~Ug~s~'-3I~.~ '" ~-" -~ ' ..: . . :~: . : . ~.::~.~:
' zw ..... '., : '~" ' '''. ': '?..:. ~ ' :, "~':-. :-"::.
·. ish: to express, my::stn~re thanks to you for making"th~z.~a~ili-
'~9s'' °f~'~lk~ ~each citg-~all avaiiabxe t° uS On Au' ust i ....
~ a~'mi°{~i~le mee~ing room coupled with the fine hospitality
of the~De%ray ~ach ~a~er of Co~rce deserve a great deal of
"252
"Please extend my thanks and best wishes to all of the members
of you~ staff who participated in making our visit wit~you so
worth while."
Mayor Avery com~nded City Manager David Gatchel and Chamberof
Commerce Manager Ken Ellingsworth for their good job of hosting said
meeting and asked them to co~mend others who assisted.
5. Mayor Avery read a proclamation, proclaiming September 17th thru
2$rd as CONSTITUTION WSEK, and presented same to Mrs. J. R. Birney,
President of the D. A. R.
Following comments about the Constitution of the United States, Mrs.
Birney urged everyone to fly the flag of the United States of America
every day of that w~ek.
5.a. Mr. Croft informed the Council he had received Several favorable
comments during the past few weeks conceding the sidewalk replacement
and plantings on East Atlantic Avenue, and would like Mr. I(~ight and
Mr. Cartes of the Street and Parks Departments Commended for that work.
Mayor Avery asked the City Manager to see that these men were com-
mended.
5.a. Mr. Jurney asked the City Manager if he had checked on the side-
walks from West Atlantic Avenue to Spady Elementary and CarVer High
Schools, and City Manager Gatchel said he had not done so, but expect-
ed to in the near future.
5.a. Mr. Talbot announced that as Chairman of the Beach Erosion Com-
mittee, he had met with City Manager Gatchel, City Attorney Adams, and
City Clerk Worthing preparatory to advising the people who have pro-
perty in Section II of the Beach ErosiOn l~ehabilitation Program of the
present status, which is that the engineering has included this area;
however, the City cannot spend money on private property, the result
being that if the City goes into rehabilitation of the beach in Section
II, it would be necessary for the City to have a quit-claim deed or
title to said property.
Mr. Talbot said that a letter had been prepared to send to the pro-
petty owners involved, and if approved by Council, would be mailed by
Certified Mail with a return receipt requested.
City Manager Gatchel read the following letter, and stated that if
CounciI approved it, a copy of same would be mailed, as a personal
letter, to each property owner involved=
"You are undoubtedly aware, as a property owner, that the City
Council has been actively engaged in developing a beach erosion
program during the past two years, culminating in the employment
of the Glace Engineering Corporation of St. Petersburg, Plorida,
to perform a comprehensive evaluation of the problem existing
along the approximately 2.75 miles of shoreline within the City
The Council included your property in. this survey for the reason
that all sections of the beach are inter-related as far as the
problem of erosion is concerned~ The Engineers have designated
the area 1,225 feet northward from Beach Drive as Section II,
within which your property lies, and have recommended that this
entire section be protected by a sloping revetment of interlock-
ing concrete block. This would necessitate expensive filling
behind the revetment to restore the beach in your area to a satis-
factory configuration, and would also involve considerable artifi-
cial nourishment to cover the revetment. This entire program has
been approved by Dr. Per Bruun, world renowned beach erosion au-
thority and head of the University of Florida Coastal Engineering
Laboratories.
253
"The estimated original cost of the recommended erosion work for
Section II ~is $235,700. or approximately $192.00 per lineal foot.
It is also estimated ~hat the'annual maintenance cost for this
section would be $5,535.00.
To restore the shoreline and prevent further erosion, the City
Council is willing to include Section II, incorporating all pri-
vately owned property, in its overali erosion project~ however,
the Council is prohibited from' spending public funds for the im-
provement of private property. The Council is now in the process
of securing funds for the purpose of embarking on this erosion
control project through means which will not now or ever increase
your ad valorem taxes.
As soon as the City can acquire the title to the property east
of the AIA right-of-way, it is planned that this area, along with
the northern portion of the municipal beach, would be accorded
first priority and construction WOuld be completed during the
spring and summer seasons of 1966.
It is therefore requested that you execute and return the enclosed
quit claim deed so that we may proceed with this most urgently
needed project.
w~ enclose here~ith~photo~raphe of that portion of your property
inclu~ed-in, t he~abo%e~ireq~e~t which
B~ts¥ 'StrUck Delray'iBeach~on~ep~e~e~,'~i965,~'t°~the~w~th~'~
edit~r~al'aP~ea~ng in- %he"Sep~e~e~ 10~ '~i9~5'~ ~s~e''
You may wish~to C6nfif~his With your accountantio~.a~t~rn~y~
but'accorai~g tO '~ur'in~n~a~ion, you would 'als0 been~itIed
tO'~eduCt:'the'fair marke~ Value of the property'de~ded~'~' ":' ~'"'"~
I~R,S. %170 ~('c)'{1),~'
DUe:~0.~th~. ~rge~cy'of ~e t~me elemen%, if'you
prior'to:.exe~Dti~g'the"enClo~e~ de~d,'Piease feel ~ree"to'ph~e
~he un~ersigned, D~vid Gatchel, at Area Code 305 - 278-2841,
collect."
The City'Manager' inf0rmed.'the Council that deeds had beenprepared
and ~e~"~uld ~e:four p~c%ures ~h~wing the property involved 'a~ong
the eaSter~.edge of ~ig~Way AiA. '
Mr. Talbot said he had not been aware, until talking with ~M~..,
Persifor F~azer 'tod~,.~hat'su~h'a critical Condition existed in~sec-
tion I of'~he Beach Erosion Rehabilitation Program, which a~ea'begins
with the Wecker sea wall and extends north to the north City limits.
Mr. Talbot then moved as follows: "I would like to move, if it is
in order, that'the, City~anager be instructed, along with the proper
personnel, to prepare letters 0fexPlanation'astothe p~ciPa~on
the City i~maki~g'in th~s..'.~each'Erosi~ program, which has:in~i~ed
section I~ and notify thOse property owners of the cost per lineal foot
to see if t~ey wish to come in on the program, and perhaps it can be
supplemented by the same Picture going out on Section II~ As~ ~.under-
stand, this is a'critical area also and I think that they.~should, be
advised.a~d haV~ the oppor~unit¥.of sta~ing whether~.~hey w~Sh' %0 come
En on the program, of course,'paYing their pro rata:share for.the beach
front~ge:'.0f'th~r ~ro~r&y:~O~'"~he lineal foot cost ~as~,;
sentlyestimated'at $98.00'per linea~ foot, bu~ since the
weather~'~i~..f~-.~e..maY &~ange', ,, Mr..~Saunders Sec0naed'. %he
upon, be!ogi.,9~Sured that'.;~he_ ProP&rty 'owners in SeC~ion:.i w°Ula:b~ar
the 'Whol~ Cost of their.beach erosion work.
City~Attorney Adams suggested that the motion include the approval
by the entire Council of t~e letter' proposed to be mailed to all pro-
pereP:.o~er~.'~&'?Se~ti6a ii.'°f.th.e. Beac~'E~Osio, Program,"Mr.~'Ta~0t'
a~d ~r~.:~a~ders ~ccep~ed s~me.'to their motion and second, .ana~u~
&&ll ~6~"~l,~'~.m0t~on'6~rried.unanimoUSly.
-5.-: ~ 9-13-65
t, tt-. Persifor Frazer infon~ed the Counoil that he had inapec~ed each
sea wall in sect£on ! since the hu~ricane, and each sea wall, with the
exception of the ~ecker sea ~all, has buckled'in some £aehion~ ft~ther,
that he believes ~.e beach erosion protection work should be done on
Sections I and X! at the same time.
Mrs. DOrothea Montgomery said she had inspected some of'the sea
walls 'sincethe storm, and suggested that the City of Delray Beach
contact the Town of Gulfstream concerning beach erosion protection,
as Delray Beach wou~dbe further protected if there is more protec-
tion to the north.
Mr. Talbot suggested that the City Manage= contact the Mayor of
Gulfstream and inform himthat the Beach Erosion Comm/ttee would be
glad to meet with them and help them get started on such a program.
With Council agreement, Mayor Avery instructed City Manager Gatchel
to proceed as recommended by Mr. Talbot.
$.a. Mr. Talbot said that there had been an ex~ellent job done on
placing of the lift stations underground, but that the remaining equip-
meat above ground had not been landsoaped, an~ suggested a survey be
made as soon as possible and said sites landscaped.
City Manager Gatchel said that would be taken care of as soon as
time permits.
5.a. Mr, Talbot Said that the beach scraper ie being used to take car~
of the sea weed and said operation starts at 6=30 A.M.~ further, that
he has received complaints of the noise of that operation from individ-
uals who wondered if it is possible for that work to begin about 7=30
or 8=00 A.M.
5.a. Mr. TaIbot reminded the Council of a discussion during a recent
worksho~ meeting concerning the policy of the City continuing to m°w
vacant lots, but no conclusion had been reached, and that some Council-
men were not in favor of the vacant property being mowed at the expense
of all the taxpayers, although such program had kept the City looking
much better.
With Council agreement, Mayor Avery asked the City Manager to pre-
pare the proper studies and place said item on the agenda of the next
regular meeting.
5.a. Mr. Talbot said that since the hurricane, the sea walls in this
area seem to need some attention, and asked if the City Attorney had
prepared an Ordinance concerning maintenance of sea walls.
City Attorney Adams said that he had furnished the Tropic Isle
Improvement Association with acopy of the various ordinances he had
obtained, and assumed that they would contact him when they had se~
lected the ordinance they were most in favor of.
During discussion, it was pointed out that the Council should set
the policy as to what they wanted in an ordinance, and Mayor Avery
asked that the City Attorney get the recommendations from said Tropic
Isle Improvement Association and contact Mr. Talbot concerning the
areas of other sea walls in order that recommendations may be obtained
from those people, so that a comprehensive.ordinance may be prepared.
City Attorney Adams informed the Council that the big problem is
that these sea walls are located on private property, and you have to
be careful about how far to go~
City Manager Gatchel reported that the City has Just completed a
survey in some of the sections of Tropic Isle in cooperation with the
Tropic Isle .Civic Association, and that a meeting is planned for this
week to g.~ over the matter so that said Association can approachsome
of the property owners themselves, thus helping to Prepare recon~uend-
ations for an ordinance.
5.a. Mr. Talbot reminded the Council of recommendations from the City
Attorney concerning what should be done as to the status of Mr. Mellon
and Tropic Palms and Tropic Isle Subdivisions, and said he believe~
-6- 9-13-65
that ~tem Should be given priority and that conditions would be im-
proved if Said recommended changes are brought
Mayor'Avery asked the City Manager to proceed with th~' item as
recommended by Mr. Talbot.
5.a. Mayor Avery reported that as of October 1st, the City would have
been microfilming its re~ords for one year, the' reasons being for se.
curity and reduction of storage'space, and Said that at'the first meet-
ing in'October he would like presented to the Council, for the bene~
of the public, a complete report as to the amount of records that h~
been microfilmed, how many cubic feet of storage space has been con-
densed, recommendations for security purposes of records that migh~
necessary, and a report of the activity of the Records Committee
provision for regular meetings of said C0mm~ttee in order that the
stroying of the old records may be kept up to date.
Ci~yManager Gatchel informed Mayor Avery that report would be
nished at the firstmeet~ng £n October.
§.a. Mayor Avery rea~ a circular put out by the Jaycees concernin~
~he safety 'of 'children, and urging all drivers to be even more carefv!
s~nce school has-started~
6¥a. concerning consideration of the Tennis Committee's request for
additional items to finalize the relocation of the City's Tennis Court
COmPlex, C~t~:Mangger GaUche1 r~P~rte~ as ~ollows~ "Counci~,, at its
a~d ~[~g~t~d'~%hat"~pp~.~ '~"2h~s a~e~d~'' T~:~[o~ repair ng
.the-~en~e~ ~0ncre2efooti~s'-and"C0~t da~age~resUlt~ng'"~om'~ash~uts
~d~"b~&o&~t~tk6~"~k~Atlantic Avenue rig~t-of-way adjacent t° the
fence wi~..be born~b~_~be'p~e ~on~ra~tor ............. ~ ........ .~.
stre~th~B:.the fenCe"and'to '~k~ ~t Safer
Th~ ~e2~.P0~ the '~t~'m ~i~'caused the deferment o~.the~ req~es~ 'at
.. he City Ma~ger'rev~e~edthe letters an~ re~ommendat~on~ cOq~e~ning
m~oq2es-,gf.:.~at.m~etSn~,aod.go~t~aqe~: "ThiSi'is the status of the
ma~eria~pre~en~ea"t6' C~u~'"'a~Y0urlast meeting three weeks ago.
This, cO~pled w~h the $825.00 estimate which we have presented to you
tonaght,'megns.tha~ in ad~At~gnto' ~he ~aencvmbered bo~nc~ ~n
sere for the, widening'of West ~l'an2tc Avenue, an amount of $3,585.07
w£!l'bei~&es~y%~6'~&&plete th® tennis court facility, including th®
fe0ce I~, i~.rec~mmen~e~.that this amount.be.transferred from
- ~r~isaunaarsjm6ved '~hat"the ~recOm~e~dations of the':6ity M~n~gez] the
Atblet~cl Dir~Ctgr.and the Tennis'.¢omm~ttee~be .accepted,
:'~t~i~iTal~°tl]~,,xp~ess~d~his'di~lea~ure'o~er t~® m~nae~ ,in ~h~C~ this
CO.ended ~i~hf"~ i~"order'''~i6h' fha' exd~ptiOn' Of ~ee';' and ~at 'he"
,'~i,"~u~fi~y'%aSd:he."~dltke to know who'the bid4~S'~r~ 'and~the
, mgunt~ibid:.~n':t~'di~r~nt~itemhrecommendeO, t6b~d~n~::.~',gh~}tennis
f~dilf~y,: 'and ~he:~CiiY Maaa~ ~lia.'~ha~:<c~ia ?~e 'fu~"i~id ~roi;"inform-
a~ign,"re~e'~d'f~om the ~e.~nis. Committee'. ...... .'.': ~.
-..i. ''' ':"-"i ~(.:~ ~ .... "~""' ' ',~ :..':,.,"t ', "'9;i3;65"?"
condition is not remedied soon, he ~euld recommend that the bondin9
company be notified..
City. Manager .~atchel informed the COUncil that ~he final ps,fluent
had not been made to the contractor aa yet,.,, and Mayor Avery suggested
an addition to the motion that this i~em be surveyed and corrected be-
fore final payment to the' Contractor ,and that bide and bidders' names
be submitted to, Council, ~hi~h .~fgeet~ons were accepted by
~aundere and Mr. Croft in their~ ~tiolh and second° Upon call of roll,
the motion carried unanimously.
6.b. Concerning storm drainage at So. E. 4th Avenue and 2nd SWeet,
City Manager GatcheI informe~ the Council as follows: "Authorization
is requested for installation Of'a 21" C.M.P. storm drain intended to
be installed in the alley in Block 94, running northward from So E.
2nd Street to let Street and thence eastward approximately 150 feet,
at ~hich point it will empty into an existing storm drain installed
in 1949, which runs eastward therefrom, tyir~ into the State Road
partment's storm drain project of '1961, installed in conjunction with
the north and southbound Federal High~ay construction.
Estimated cost of this drainage-installation; designed to provide re-
lief in the general area of S..Eo '4th Avenue and 2nd Street, is
and it is recommended that this improvement be understood to be a por-
tion cfa proposed Master Plan for an over-all drainage improvement
project and, therefore, cost of this initial project will be incor-
p?rated into the total cost of such over-all' drainage system upon its
completion, which cost, ~hen determined, may be shared between the City
and benefitted properties. This $5,.135;00 estimate was based on a bid
received by the City last December and the contractor who made the bid
indicates-that it is still good, subject only to an increase in' cost of
the 21" corrugated metal pipe, if any, which ~ay have occurred since
f~e da~e of .the original bid, end all labOr and mate~ia! otherwise is
the same."
~r. TalbOt asked~hy this ~s not being done on a pay-as-you-go basis
and handled aa any other drainage progxam.
City AtroPhy Adams suggested that this i~em be ~abled until he can
revie~ it more 'thoroughly, unless i~ is done on a normal assessment
basis, as there is a question in his mind of coming back five Meats
later and asseSSing the property o~ners for drainage installed at this
time.
~r. Croft ~a'~/ain stressed the need of some '~ainage relief in that
area, and Hr. ~albot said he is ready to move on this item provided the
method of payment is to be the usual method of payment.
Mr o Talbot asked if it ~ould be in order to move that the City
Manager be instructed to approve the contract immediately and such
steps be 'taken to properly advertise same and pay for same on the
usual basis?
Hr. Talbot moved that the City Manager be instructed to accept the
bid of $5,135.00, subject to the Conditions that were spec~fied, and
that proper steps be taken for advertisement sc that it can be started
immediately, said project to be on a regular basis of assessment on
the prorated share.
City Attorney Adams asked if the. Ci2y Attorney and CitM Clerk could
be authorized to prepare the necessary reSOlutions ~or the next meetin~
to get same underway, as it ~would be better to proceed in the due course.
Hr. Talbot said that could be done, as far as he is concerned, but
he was attempting to cooperate with Hr. Cro£t in moving ahead faster.
Mayor Avery commented: "Mr. Talbot made a motion that died for the
lack o£ a second, The City ~ttorney says that the proper motion is
that the City Attorney an.d city Clerk be directed to prepare the ne-
cessary Resolutions to pu~ this. action-into effect." It ~as so moved
DY Mr. Talbot and seconded by ~r. Croft.
MaFor Avery mentioned the bad drainage situation at the corner of
S. E. let Avenue and 2nd Street and said that Mr. O. D. Priest, ~r.,
a property o~mer at that location, ~ould li~. ~0r ~a~mething to be done
to relieve the situation and that he is wil'liag ~ share the cost in-
volved. ' '~'-" "~' '~.~13-65
~57
Mayor Avery asked if the city. Manager would investigate the feasi-
bility of including this area in the overall area to be assessed. City
Manager Gatchel said that had already been established in an overall
drainage project for the area, which wou~d scat
upon call of roll of .the mo~ion to proceed with plans for storm
drains in tho area of S, E. 4th Avenue and.. 2nd' Street, the motion was
unanimously carried. ~ ·
6.c. Concerning a survey of parcels of land in violation of City nui-
sance laws presented by the City Manager, Mr. Talbot moved that Chapter
15 of the City Code bo complied w4th, the motion being seconded by Mr.
Saundors-.and unanimously carried. (Copy of survey is attached to tho
official copy of these minutes) (See Page 264-~) ·
6.d. Concerning consideration for procedure to establish rate sched-
ule pertaining to extension of sewerage,coll~otion servi~e to adjacent
towns, City Manager Gatchel reported .to Council as follows:
recommended that Council .author~ize Russell & Axon to proceed with a
rate study for the p~z~ose of establishing a rate-schedule to provide
charges for sewerage from other toM1s to be 'accepted intO the Delray
Beach ocean surfs11 system. Subject to Council approval and such
authorization, it is further recommended that the 'engineers' fees for
this work be in acco~dMlce.~with the current engineering contract, dated
September 30, 1959,. and Supplement No. 3 thereto, dated July 8, 1963,
between the City of Delray Beach and Russell & Axon. ". It was so moved
by Mr. Saunders .and seconded by Mr~ Talbot.
City Attorney Adams in~formed the Council that, in his opinion, there
is no basis in said contracts to set th~s fee, and suggested that
Russell & Axon submit a proposal of how extensive, the 'survey will be
and the estimated cost of same .on a flat £ee; further, that he believes
Mr. Daniel Neff of Russell & Axon is in agreement with him.
Mr. Saunders .and Mr. Talbot then withdrew their~motion and second.
Mr. Neff .said he thought tho Consulting ~.ngineers~ participation in
tb~s would only be to~ determine the capital costs-of the system that
would be used to transmit this sewerage, through the surfs11, and feels
the City could probably, better than anyor~ else, give the actual oper-
a~ng cost. Further, the cost to outlying communities would consist
of two figures= one, the capital charges which would assist the people
of Delray Beach in paying off tho bonds on the capital= and the other,
the actual operating costs.
Mr. Neff said it was' note'& very extensive job and felt sure he could
negotiate a lump sum fee 'that.woul~n-*t be over $500~00 or $600.00, and
stated further that anything the City Manager considers fair, they
would be willing to undertake~.
Mayor Avery sa~d that in view of the figure qt~oted, R~seell & Axon
should give the City Council a proposal as to what it will cost to pro-
~uce said rate s~hedulo.
Mr. Neff said that ~eemed to be a reasonable ~lgttre, but RuSsell
Axon would be willing to do the job for'any figure 'the Council would
consider reas~nable.~
Mr. Talbot said .that i~ his opinion Russell~& Axon has always been
fair in their dealings with the Council, and a hundred or two hundred
dollars more on knowiDg what you should charge will pay the City mush
more in benefits than ~hav~ng someone without as much knowledge do the
job for the City. Purther, that he feels Delray Beach has been ~oo
lax in giving away its benefits and assets, and w~th 'those statements,
he would move that the C4ty Manager be authorized to engage Russell
Axon to proceed.'w~th a rate study .for the purposes, as outlined, such'
charge to be negotiated upon completion of the study, the' cost not to
exceed $600.00. The motion was seconded by Mr. Jurney and
unanimously.
7. There were no petitions or
8.a. City Clerk Worthingp=esented RESOLUTION NO. 34-65, authorizing
oertain storm, drainage construction in'Sea Spray-Avenue and Beach Drive
area, and informed t~e Council that'prior to action on same, a public
hearing is scheduled robe held on Resolution 31-65,'passedand adopted
by Council on August 23rd, whiCh ordered said storm drainage to be in-
stalledo
Mr. J. L. Patterson informed the Council that he Was assessed in
1957 for drainage on Andrews Avenue and contested payment of said
drainage assessment at that time as he felt he had no drainage problem
with his property~ further; that he was told at that time if he would
pay same, he would:have no further drainage assessment against his
property.
Mr. Talbot said he had received several .calls from residents of Sea
Spray Avenue informing him that they had paid a drainage assessment in
1957 and felt they had no need for further drainage and objected tO
further assessment.
.Mayor Avery recalled that in the N. E. 2nd Street drainage project
a few years ago, the properties .that had been.assessed in that area
many years ago received credit onthe new assessment in the amount
previously paid, and stated that he is in favor of. the properties in
this area receiving credit against a new assessment for monies pre-
viously paid on drainage assessments~.
Mr. J. L. Patterson stated that he felt the property owners included
in this drainage district should be notified by letter of said proposed
improvement.
Mr. Talbot questioned .whether this.proposed drainage installation
would be adequate in the future, and questioned the .operation of the
tide or flap gates. Said operation was explained by City Engineer
Fleming, who stated that similar installations in the southern part of
Delray Beach were very satisfactory.
CityEngineer Fleming further stated that Brodkway, Weber & Brockway
have recently updated .and revised the plans for this storm drain in-
stallation, in accordance with the request of the City of Delray Beach,
and that he feels same will operate properly.
Mayor Avery reminded the Council that residents of Beach Drive had
been promised last winter that as soon as that .season was over, their
poor drainage situation would be taken care of.
It was reportedthat bids had been received today for said storm
drain installationand the low bid is~$19,038.75, with work to start
within 10 days and be completed within60 days after approval of con-
tract.
Following lengthy discussion, Mr. Jurney moved that Resolution No.
34-65 be tabled for further study, and also:thatproperty:owners in said
vicinity be notified by certified mail, inorder thatthey may express
their likes or dislikes. Mr. Croft said:he would second the motion if
said item would be tabled only for two weeks, towhich Mr. Jurney
agreed.
During discussion, City Manager Gatchel informed the council that if
this item is deferred for two weeks, the completion:date would be in
the second week in December.-
Upon call of roll, Mr. Croft, Mr. Jurney and Mr; Saunders voted in
favor of the motion, Mr.:Talbot abstained from voting and. Mayor Avery
was opposed. Mayor Avery qua!ified his vote in that he ~elt that time
was an ~mportant.factor.in.getting this WOrk completed,~
8.b. CityClerk W°rthing presented RESOLUTION NO. 35-65, authorizing
certain storm drainage construction on Water Way Lane,.:and informed the
council that prior to aC%~On on same, a public hearing is scheduled to
be held on ReSol~tion.No? }2,65, passed and adopted byCouncil on
Augus~ 23rd, which reso~9~iOn expressed the determination to provide
for ~tallation of said storm drainage construction.
Mrs; T. C. Taber, 1102 Water Way Lane, informed the Council that he
felt their situation could be taken care of with the resurfaoing of the
street, and a new and larger drain ~rom the. we~% end of their street to
the waterway, and possibly the installatio~ of a f~ap gate, rather than
going into an instaila~on that would necessita~e the moving of palm
trees, putting in swales! etc. -10- 9-13-65
:259
City Engineer Fleming reported that the ,presen~ drainage pipe at
that location is 8 inches, '.and the one recommended' is 24 inches.
Further, that the elevation of the street wou'ld he'corrected in the
overall reeurfacing of the street, and the street would be constructed
on ~e proper gra~e so~at a~ any ~int, ~e cro~ of t~e street w~l
carry the water off ~he stree~ to ~e a~e an~ ~o~ ~e swale to ~e
catch basin.
MaWr Avery said ~at ~. ~al~ Allmon, 1101 Water ~y Lane, ha~
aske~ a~ut ~e ~v~ng or ~estroy~ng ~f their landscaping, an~ City
Engineer Fleming sai~ ~ere ~ul~ ~ a min~m~ of moving of the large
~lms, and ~at it is in the contract'that ~e contractor must replace
any palms, so~ or an~h~ng that ~s move~ or altere~ ~n any way ~n con-
struction of ~e s~les, an~ every possible effort ~ul~ be ma~e ~o
s~le 'aroun~ sai~ palms so ~ey ~uld not have to ~ moved.
~. ~nala A11mon r~uested that this item' be ~eferre~ and property
o~ers not~fied, as ha~ been ordere~ conceding Resolution No. 34-65.
~v,Jurney, mo~ed that Resolution No. 3~-65 be tabled unt~l ~he next
regular meeting, w~ pro~rty o~ers involved being notif~e~ by certi-
fie~ mail, the motion being seconded by ~. Jurney. ~n call of ro11,
~. ~oft, ~. Jurney and ~. Saunters voted ~n favor of the motion,
~. Talbot abstained from voting and MaWr Avery was opuseS.
8.c. ~e C~ty Clerk presente~ ~SOL~ION NO. 36-65.
~ ~0L~ION OF ~ .CITY .CO~CIL OF T~ CI~ OF
(COPY ~f "ReS~!utio~ No. 36.-65 ts attached to the of!icial cop[ of these
been' negoti~t'd'.with' ~e' 'con~rac~"'inital~fnq Sln~(ar~'i~ers in.. tht!
8.d. ~e CitX ~lerk presented RE$OL~ION NO. 37-65.
A ~SOL~T!ON ~NG AppROPR~TION OF S~S .OF HO~Y FOR
~ T~; CO~ITIONS A~ PaOViSIONS ~ ~S~E~ TO
~P~L A~ ~S~IoNs ~LLY IN ~}~L~CT ~ THIS
L~: a ~AX .gN .a~ PReP~RT!~S 'W!T~N T~ ~tTY OF ;D~ :
-. C!~Y 0F,D~Y, A~' TO.ALLO~TE A~ APP~OPR~TE, ~ID
26O
Mreo Dorothea Montgomery, of the Beach Taxpayers League, and Mr.
Roy Simon of the Chamber of Commerce, ~ommended the Council and City
Manager on preparing a good budget and also reducing the tax millage.
There being no obJeot~ona to Resolution No. ']?-65, said Resolution
was unanimously passed and adopted, on this first and final reading on
motion by Mr. Talbot and seconded by Mr. Jurney.
8.e. The City Clerk presented RESOLUTION NO. 40-65.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA AUTHORIZING THE CITY MANAOER
TO PROCEED ~'~TH THE CONSTRUCTION OF A SIDE~LK ON
THE EAST SIDE OF NORTH SW~NTON AVENUE B~TW~N
8th STREET AND N. E. 22nd' STREET~ ALSO ON T~E SOUTH
SIDE OF N. E. 22nd STREET B~TWEEN NORTH SWINTON AVE-
NUE AND N. E. 2nd AVENUE~ ALSb ON THE SOUTH SIDE OF
THAT PORTION OF N. E. 18th STREET LI~NG BETWEEN
SWI~?TON AND 2nd AVENUES.
(Copy of ReeoIution No. 40-65 is ~ttached to the o~fi=ial copy of
these minutes. ) (See Page 264-B)
The City Clerk informed the Council that prior to action on same,
a public hearing is scheduled to be held on Resolution No. 39-65,
adopted by Council on August 31st, providing for establishing a basis
for sharing of the total cost of said sidewalk construction by special
assessment.
Mr. Walter Bailey, 108 N. E. 18th Street, said he felt the abutting
property owners, who would be assessed for said sidewalk construction,
are entitled to a letter or some notification, and that this public
hearing be deferred for a couple of weeks in order that said property
owners may be notified and be able to express themselves concerning
same~ further, that he would suggest the sidewalk be constructed on
the north side of the Street.
Mr. Naa1 J. Quiet, 1315 North Swinton Avenue, said he is in accord
with the comments of Mr. Bailey~ further, teat he does not feel there
are enough school children involved to warrant the sidewalk construc-
tion.
Mr. Arthu~ Sprott, 2003 North Swinton Avenue, said he had made a
survey ~ia morning of school children walking past his house which
totaled 46, and suggested that said sidewalk be constructed on the
west side of Swinton Avenue~ further, that he feels the property owners
in the vicinity of schools .are penali~ed w~th drainage and sidewalk
assessments which are city-wide projects and cost should be borne city-
wide.
Mr. James Ritterbuech, 1511 North Swinton Avenue, said he believed
sidewalks should be constructed on one side of Swinton Avenue, but
objects to the abutting property owners having to pay for same, that
it should be a city-wide project, or a more equitable method of paying
for said s~dewa~ should be arrived at by the Council.
Mr. J. L. Patterson, owning property at 1425 North Swinton Avenue,
said that he agrees with ~he objections made by Mr. Ritterbusch and
Mr. Sprott,
Mr. Arthur J. Michael, 503 N. E..2nd Avenue, informed the Council
of the san~..areas between the sidewal~k and street paving on N. E. 2nd
Avenue tha~ ~'~ld be eliminated by the placing of blacktol)' in said
areas.
Mayor Avery said Mr. Michael had b~ought this ~ubject to Council
attention before, and &eked tha= the .~y Manage= make note of this
and sometime in the near futur~ .make~recom~endations to Council, in-
cluding estimated cost, fo~ taking 'care of~ same.
Mr. Quiet asked about a jo~ in the sidewalk if it is placed on the
east side of Swinton Avenue, and City Manager ~atchel explained that
in the plans for the location of a five foot sidewalk from 8th Street
-12- 9-13-65
26~
to Grove Way, ~he easterly edge of the sidewalk would be 24 feet from
the centerline of Swinton Avenue,' and from Grove way to 22nd Street
the easterly edge of the sidewalk would be 32 feet from the centerline
of Swinton Avenue.
Following a question as to how the area between the sidewalk and
paving would be left, city Engineer Fleming informed-the Council that
the cost estimates he had prepared proposed to replace that strip in
the same condition that it is at present.
City Attorney Adams explained that the City Clerk has not been
remiss in notifying affected property owners of proposed improvements,
as the Charter only requires public notification in a newspaper pub,
lished in Delray Beach two weeks prior to the public hearing on said
project! further, that there could be several hundred property owners
affected by some improvements.
Mr. J. L. Patterson suggested a charter change concerning notifi-
cation to property owners where an assessment is concerned. ·
Mr. Jack Duane, 1101 North Swinton Avenue,-informed the Council
that he had received a letter from the City recently, asking that he
deed 8 feet of his property to the City, and asked i~ something has
been changed since that time.
City Clerk worth~ng stated that no cooperation had been received
from the property owners from N. E. 8th Street to Grove Way in order
to provide an additional 8 feet in width that there might be a straight
s£dewalk, with no jog, from 8th Street to 22nd Street, and as the City
Msnager had poin~ed~.,out the e~ste.rly edge. of the
· ".Mr,"Jurn~y..~ed that Resoi'u~ion' No, '40-65 be' defepred"and'"r~fert:~d
to the City '~anage~. for a ~afety study, through the Chief of Police of
with 'the pr~,i,s!,_o.n .that this .ma~t~er· b,~. handle~ imm~diatel'y~ and~' a-spa-
cia.1 meeti,n,g.b~..'Ca.ll~ }o. 90nc. lud~ this matter within three,.4a.ys,:
which.w~'s a~C~Pted'by~Mr,. Ju~ney. "
to~.the~: ~x,ten! .~f ~h!.',~i~y paYin~"the full' amoun~ f0r'sald'~on~tr~tion.
' ~c!ty. clerk WOrthi~g t~fo~ the Council tha~ i~ would be some..time
b. ef0~e ~. s,ide~alk' e~u!d'be':'c°n's~ruc~d: ~n ~e' west 'side: of' ~kih~ '
swin'tbn'Avenue' as s~fficient: rl9h$~'Of.w,~'~ d~s' not~'exie'~ f~er,
~ :th'~e',' are Pl~es '0n ;the~: west:" s'lde ~f '~inton Avenu~ .where..' there
is 0nly !5: feet' of dedica?a' righ:t-Of~way lying ~S~ of the' =~nter:line.
~.,".Talbo~ .sug=ge~tad that if the ~ew property o~erS..~u!d cogpera~e
in ae~ding.the ~st" 8' fee~ o~ ~eir property in
would be, s~' ~ght from ~' ~0 22nd Streets, ,~a C~t~ b~a~".~W~ t0~al
~, SauMers'moved' ~at' ReSolution.No~ 40.V65'be pass~d~ the motion
UPON ~RTAIN ~S, L~T~ WITHIN SAID CITY~ SE~ING
U~N ~ID PROPERTY' IN AN' AMO~T AS SHO~ BY ~PORT
T~ CITY ~G~a OF D~L~Y' B~CH, PLORI~.
(Copy of Reso!Ution NO. 41-65'and assessments are attached to ~e
offiCial..coP~ of ~ese minuteS.) (SiS 'Pa~es 26~-G & ~6~-H)
Resolution No. 41-65 '.~s unanimously p~ssed end adopted on first
and final reading on motion by Mr. Croft and seconded by Mr. Talbot.
8.g. .City.'Clerk Worthing presented ORDINANCE NO. 27-65.
AN ORDINANCE OF~ THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
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 PROVIDIN~ FOR
THE ~ONING T~gREOF.
Cop of 0rdins~e N . 2 - w s a o d with. the minu~es of July
~. ~mes Ri~.,ard,o~, Jr. informed the Council that he had offered
the old buildings on said property to the fire department for a prac-
tice ru~ if they desired same, but that the buildings would be
molished by ~he first of January anyway.
Following lengthy comments by COunCilmen concerning zoning, end
definite plans of improvement of property being submitted at time of
petition for annexation, Mayor Avery relinquished the gavel to Vice-
Mayor Saunders and commented as follows: "I feel that zoning should
be from alley ~o alley. I feel that the fact C-2 zoning is.. across
the street from this property would make me vote for C-2 regardless :of
whether it ia in the City today or ig comes in the City tomorrow, or a
month, or a year from tomorrow. On principle, it is C-2 property. The
Planning/Zoning Board did consider this. I don't always agree with
the Planning/zoning Board, but in this, and. they made a detailed study
on it, they recommended to us that it be C-2." · Following other com-
ments, and expressing the fact that. the 'interchange of 1-95 being in
that area would make a commercial area, Mayor Avery moved that Ordi-
nance No. 27-65 be passed on final reading. The motion died for' the
lack of a second.
Following further discussion, and inepection~of the map Showing
other properties in the area of said Richardson tract coveredI by Ordi-
nance No. 27-65, Mr. Talbot moved that Ordinance No. 27-65 be accepted
on this final reading. The motion was seconded by Mr. Saunders who
stated that when this item came to Council prior to tonight he had
voted in favor of bringing it into the City because of the C-2 zoning
across the road: further, that he does not believe that the Council
should determine whether a person is making a good deal in property.
Upon call of roll, Mr. Saunders, Mr. Talbot and Mayor Avery voted in
favor of the motion and Mr. Croft and Mr. Jurney were opposed.
8.h. The City Clerk presented ORDINANCE NO. 31-65.
AN ORDINgNCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
~EACH, FLORIDA, ANNEXING TO THE CITY OF DELRRY BEACH
CERTAIN LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH~
RANGE 43 EAST~ WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY= REDEFINI~ THE BOUND-
ARIESOF SAID CITY TO INCLUDE SAID LAND= PROVIDIN~ FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND. PROVIDING
FOR THE ZONING THEREOF.
Mr. Talbot moved that Ordinance No.: 31-65 be place~ on first read-
ing, the motion being seconded by Mr. S'aunders. Upon call of ro11, Mr.
Saundera, Mr. Talbot and Mayor Avery voted 'in favor of the motion and
Mr. Croft and Mr. Jurney abstained from voting.
8.i. City Clerk Worthing presented ORDINANCE NO. 32-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO TH.~. CITY OF DELRAY BEACH
CERTAIN LAND, NAMELY LOT 26, DRLRAY BEACH SHORES, WHICH
LAND .IS CONTI~UOUS TO EX~TING MUNICIPAL LIMITS OF SAID
-14- 9-13-65
263
CITY~ REDEFINING THE BOUNDARIES' OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
Ordinance No. 32-65 was unanimously placed on first reading on
motion by Mr. Talbot and seconded by Mr, Jurney.
8. j. ~he City Clerk presented ORDINANCE NO, 33-65.
AN ORDINANCE OF .THE CITY OF DELRAY BEACH, FLORIDA,
RELATING TO JUnK YARDS, SETTING FORTH DEFINITIONS
AND RESTRICTIONS AS TO LOCATION AND AREAl REOUIRING
JUNK YARDS TO BE OBSCURED BY MEANS OF NATURAL OBJECTS
OR FENCES, PENALTY PROVISIONS, SAVINGS CLAUSE, EFFEC-
TIVE DATE, AND FOR OTItER PURPOSES.
Ordinance No. 33-65 was unanimously placed on first reading, on
motion by Mr. Saunders and seconded by Mr. Jurney.
9. There were no reports.
Concerning Bids for construction of storm drains in Section Q,
10.a. City Manager Gatchel recommended that this item be tabled, since
item 8,a. concerning construction of said storm drains had..been tabled
until the next regular meeting. It was so ordered.
Concerning..Bids .for-,:const.ruction o[ storm drains in.Section S,
10.b. City Ma~er. ,~tChei r~0~ended ~that'this item als~~ B.,~ tabled,
since it~ 8.h.' C0nce. r~in~: ~con'~itr'Uc.ti.o~, ~.f' iSai'd storm i .drains ~ad been
!0,c.' The,City Man_a.'ger re,quest~d'authori~atlo~ to ~egoti'ate'a C~ntract
f0~' %he"dra[nag~'imgr'~veme~t' On' %sland: DriVe' in the amount of $2,225.00
with H.. & S,,Const,ructo,rs who are installing the sanitary sewers in
that ar~&. 'it ~as so moved' by Mr. Ssunders; seconded by Mr. Talbot
and unanimously., carried
10.d. Concerni~g'~ids?'f~r imProv, emeni:~f a portio~ ~f N~iW. 3rd Ave-
nue, city '~anag~r.: ~a'6cher r~Ported to '~ouncii as.'z01Iows=:~[/.. ~at. the
last regula~r"coun~ii meeting held °n Aug~st.23rd, .th~ ,Io~'~ia"re-
grading and' PaVing of thai~ portion of'l~l w~' 3rd Avenue extending south-
ward from llth Street tot a distance of 308 feet was reje. c.ted, and
Co-un6il reqUested' f~U~ther effo~'t' On the part Of' the'admln'i'sir~ati6a to
obtain bids' fok" su~h' improv'~ment, as ~ell as' d~rmining the cost
thereof for said project to be effected by City forces. The following
bids'are submitted' ~for c0nside,ration:
Hardrives of Delray. $2,980.00
Turner Nu,rSery ': .. $2~, 475~ 68
The City Manager reported that the bid of, Hardrives sti.tl,..st,a~s,_,~
as first' s~b~itted~ 'furthei:,. it~h~st 'i'~. ~is ~eC0mm~nded
and`. that' this" rec~n~n~nda'tion' sh~Ui~ be t~mPered Wi6h a necessary time
delay d~e. to Other projects the City~ !o,rces are scheduled ~o
It wa~' Stated:"th'at'"'the ,~ity':h'~d' prepared their' cost ~lgUre a~t~r, the
0the~~ bi'ds had ~een r~ceiVed, and 'that 'it 'is only'an~e';~im,a%e. ' .... '
.Mr. Jurney moved' that T~r_.ner Nursery be awa. rded Said .~a%tng contract
in the amount of $2,475.68; 'the motion being seconded by Mr. Croft.
Upon call of r~ll; Mr. Croft, Mr. Jurney, Mr. Talbot and'Mayor Avery
voted in favor of the motion and ,Mr. Saunders abstained from voting.
I0,e. Concerning Bills for ApprOval, City Manager Gatchel slid ~are
is 'one correction that should be consisted at this' time~ aO~*.re*ferred
lass item on pag~ 3; and continuedl ~e to the Council action and~'
re~tueSt conce~rning. the tennis courttit_-ilding, 'I suggest 'th~"iise be
264
approved wi~h this one exception."
The City Manager.then presented the following Bills for Approval:
General Fund $ 59,537.64
Water Operating &Maintenance Fund 10,271.56
Water Revenue ~und 3,236.38
Improvement Fund 1,115.00
Mr. Croft moved that the Bills for Approval be paid with the excep-
tion of the one mentioned by the City Manager, the motion being
seconded by Mr. Jurney and unanimously carried.
lO.x. City Manager Gatchel announced that the City is planning, led
by the Police Force, to hold a dedication ceremony on the City's new
harbor patrol boat next Saturday, September 18th, at 10:00 A.M. at the
City Dock, and that the Council are all asked to be present with the
Mayor as M..C. That said boathad been placed in test run operation
last week and operated throughout the entire weekend= further, that it
would be operated by the off-dutypolice officers and ~embers of the
Delray Beach Police Force Reserve, the purpose being to enforce the
wake ordinance through Delray Beach, surveillance of all waterfront
properties in Delray Beach, emergency assistance to boating of public,
lifesaving, etc.
The City Manager stated.that all the.people who assisted in getting
this police boat in~o operationwere expected to be at the dedication
ceremony and be properly recognized at that time.
10.x. Mr. Talbot asked the Finance Director if, when a check is
spoiled and voided, it is kept in the City file available for Council
inspection, and Mr. Weber said that such a check is kept with the
cancelled checks, and all cancelled and voided checks are kept in
numerical order.
The meeting adjourned at 12~00 midnight.
City Clerk
APPROVED: '
MAYOR
-16- 9-13-65
OF S~ ~INS' IN IS~ DR~ ~B~ WITH
~NSTA~T~ON OF .~T~ ~SlNS, ~S-~O~S
~S, ~e C~ty Council of ~e C~ty of ~lray Beach,
Florida, d~d, on ~e 23rd day of Au~st, 1965, bY adoption
Resolution ~. 33-65, determi~e ~ proceed w~ ~e eonstruct~on
of storm drains toge~ w~ .ins~llat~on of catch ~s~ns, man-
holes and all necessary appurtenances in conJ~ct~o~ wi~ such
storm drains ~n Island DriP, and
~S, ~e ~solution providing ~ereEor has been
duly p~lished as red,red by ~e City ~ar~r, ~oge~er
a not~ce ~at obJeo~ons to sa~d ~mprove~nt ~uld ~ heard,
and .
~S, no suff~cient objeotions have ~en
~e C~ty of Delray Beauh~ ~lOr~da, that
and he i~' hergby': instructed, t~[ prOCe~ ~ ~e.'-dons~ruction of
s~rm ~rains '~n Is!and. Dr~Ve., toge~er wi~ ~nS~ll~t~on of uatch
here~fo~e.~.f~led w~ ~ Ck~y'Clerk; 'a~d
the offl-~e' off' '~e Ci%y '~nager and kept o~n for ~eut~on of
~e public.
]Septe~r,' 1965;
/~/~. ~. w0~
~IEREAS, the City Council of the C£$y of Delray
Florida, did, on the 31st day of August, 1965, by adoption of
Resolution No. 39-65, determine to proceed with the construction
of a sidewalk ~ ~e East s~de of Nor~ Swinton Avenue
N. E. 9th S~eet and N. E. 22n~ S~eet; Also on ~e South s~de
of N. E. 22nd S~ee2 bergen Nor~ ~nt~ Avenue and N. E. 2nd
Avenue~ Also on the Sou~ s~de ef ~at ~rt~on of N. E. 18~
Street lying bergen ~inton and 2nd Avenues, and
~S, ~e reSOlUtion providing t~refo= has ~en
duly p~tished as re~ired by the City ~arter, together wi~
a notice that objections to said ~mprovem~t ~8 .~ hca=d, and
~S~ no sufEic~ent objections have ~en made to such
propOsed improvement,
~e City of ~l=aY Bea~, Florida, that ~e C~ty Manager be and
he iS hereby instructed to pro,ed Wi~ ~e construu~ion of a
side~lk on the East side of ~r~ ~nton Avenue ~t~en' N.
8th stree~ and N. E. 22nd Street~ Also on ~e Sou~ s~de of
N. E. 22nd S~eet bergen ~rth Swi~ton Avenue and N. E, '2nd
Avenue~ A1s° on ~e ~uth s~de of 2hat portion of ~. E. 18~
Street lying bergen ~n~n and 2nd Avenues, according to
plans and speci~ications heretofore filed wi~ the City Clerk,
and a Copy ~eEeof filed in the offi~ of the C~ty ~nager and
kept o~n 'for ~n~ot~n of the
~ASSED ~n re~lar session on ~S ~e 13~ day of
Sep~er, 1965.
.... /s/ A~. C. AVERY MAYOR
~TTEST:
/s/ R. D. WORTHING
City Clerk
RESOLUTION ~R~. '37.65.
A RESOLUTION t~AKING APPROPRIATION OF S~OF
~BER, 1965 ~ ~ 30~ ~Y OF SEP~R~ 1966;
P~SCR~E ~ T~S, ~zTzo~ A~ ~RO~SI0~
~SP~T ~ ~ I~ OP AP~OPR~TION A~ ~IR PAY-
~I A~ TO ~P~. ALL ~S~O~ ~O~Y IN CON-
SU~ ZN~IS~Y~ A~ ~ ~ A' TAX ON A~ PROPER-
TIES W~IN ~ CI~ OF DE~Y B~CH FOR
A~ OPE~TION, A~ TO ~A TAX ~R ~ PA~ OF
PR~PAL A~ ~ST ON ~ED ~EB~}~SS
~ PROPER~ L~ IN ~ FOUR CI~ OF DE~Y, A~
~ AL~TE A~ APPROPR~TE ~ COL~TIONS
BE IT RESOL~ by ~e Council of ~e City of ~lray Beach,
Florida= ~at ~e ~ollowing s~s of ~ney be, an~ hereby a=e ap-
propria~d u~n ~e te~s, co~itions a~ provisions herein before
and here~afte= set for~
ARTIC~ I.
Litanies ) ......... ~0-~ ~6~480.. 48,480.
F=anc~se ~ ~ti~ity ~x~s 214, TS0.
~cehb~S & Permits 106,770.
Fines & ~9~feit~es ~ - ' . 40,700.
'R~V~.s "~m ~dividuals ~. Other AgenCies ":~" 265,350.
Charges ~or ~rrent Serviaes. ......... . . 200,
~sf~r~ ,~frOm o~er Funds' '
uA~P~bPrtat~ surplus ..... _- ..!.48,618.
Page 2. Resolution No. 37-65.
AR,~XCLE X!.
WATER A~D..$.EWBR PUND Other Capital
Estimate~ ~ndit~es ~19~.~es Expenses ~tla~
Administration $ 2X~03.$ '18~295. $ .-495~$ 40,293.
Supply ~ .PUrtfi~ati~ 13, S.~O. 32,300 ~
TransmissiOn a Dls~ibution 61,083. 61,601. ,108e012.. 230,696.
Acco~ting & Collection .0~:.: 24,760.~ -0- 24,760.
Se~r System 28'~ 944. 12,92:5. 300.. 42,069;
Instant: a ~es -0~ 84~ 170. -0- 84,170.
Depreciation & ~nt~ngency -0- 348,~0. -0- 346,000.
Pension .. -0, 6,960~ -0- 6,960.
Debt Service ' -0- .3.42~ 618~ . -0- 342
Revenue
Revenue from cae ef ~ne~ a~a Property $ 77,285.
~alea a ~rges fo~ .Current ~e=vtces 641,440.
Sales a Re.reties .. . 450.
Matured U. S. ~eaSury'~tes 78,000.
~appropriatea S~plua . . 404,786.
Section 1.1 - All ~e monies herein before appr~p~iate~ ~e ap~oprt-
ated u~ the terms, conditions, and provisions herein before and
hereinafter set forth.
~ec~i~n. 3~ - S~Ject to ~e ~alifiuati~ns contained in ~ts re~lu-
tt~ all appropriations ma~e out of the General Fund are declared to
be maxim~, conditional, and pr~rtionate appropriations, ~e p~pose
being to make the appropriations payable in full In ~e amours herein
name~ if necessary and ~en only in the event ~e aggregate revenues
uollecte~ and o~er resources available during ~e ~rio6 ~enctng
the 1st 6ay of October, 1965, and te~inating ~e 30~ day of Septem-
~r., 1966, for which the appropriations are ~de, are suftiulent to
pay all ~he appropriations in fu11~ o~e~tse ~e said a~ro~rtattons
shall be dee~d to be payable in Such p~portion as the ~tal s~ of
rea'lized revenue of ~e ~neral F~.,~ts to ~e total
venues est~ated by ~e City ~u~uil"~~ be available In ~e ~rl~ uom-
men=lng ~e 1st day of ~tober, 1965 and te~tnattng ~e 30~ day of
Sep~e~r,
~eution 3.3 - A11 balances of ~e-approprtations payable out of
General Fund of the City ~easury unenc~ered at the ~lose of busi-
ness on ~e 30~ ~ay of 8epte~r, 1965~ exoep~
for, are hereby declared ~ be lapsed into ~e City ~eas~y an~ m~y
.be used for ~e pa~ent of ~e approp=tations ~iCh may be made in any
.appropriation for ~e fiscal ~ar co~encing ~e 1st d~y of October,
1965. ProvideS, hoover, no~!~g iA ~his Seotlon shall
to be applicable to unen~er~a balances r%~aining, to the =redtt of
~e Water and Se~r ~nd or any. funds created` by ~e setting up of
special revenue, but such balan=es shall"be used
proposed ex~ndttures of these f~ds for ~e fisoal year cozening
~e let day of ~tober, 1965.
Section. 3~4 - ~ de~rtmen~, bureau, agsnoy~ or 'i~vtdual
~ppropriations ~der the provisions of: this resolution shall ex.ed
~e amoant o~ its or his appropriation ~cept wi~ the consent' and
Page 3. ResOlution No. 37-65,
approval of ~he City Council first obtained~ and if such department,
bureau, agency or individual shall ex~esd the amount of its or his
appropriation without such consent and approval of the City Council,
tho administrative o£f£cer or individual, in the deacretion of the
City Council, may be deemed guilty of neglect of cilicia1 duty and
may be subject to removal therefor.
.Saetia~ ~.~5 - toothing in this resolution shall be cons~ued as au~hor-
izing any reduction to be made in the amounts appropriated in this
resolution fo= the pa~m~t o£ into=est, on, or retire~ent of, the debt
of the City of Delray Beach, ~loridao
SPction 3.6 - None o~ the monies enumerated in this resolution in
connection with the ~eneral Fund, Water and Sewer Fund or any other
Fund of the City shell be expended for any purpose than those £or
which they are appropriate~, and it shall be the duty of the Director
of Pinance to see that this; section is cc~plie~ With in all respects
and report to *:he City Manager and City Counail any v~Olations thereof.
Section 3.7 - All monies collected by any department, bureau, agency
or individual of the'City G~vernment shall be paid promptly into the
City Treasury.
Section 3.8 - The foregoing budget be and hereby is adopted as the
official budget of the City of Delray Beach for the aforesaid period.
Provided, hoover, that ~he restrictions with respect to the expen~i-
tufas of the [unds appropria~ed shall apply only to the lump sum
amounts for classes of expenditures which have been included in this
resolution o
TAX LEVY
SectiOn 4.~ - That there shall be and hereby is appropriated for the
~eneral Fund operations of the City the revenue derived from the tax
of 9 mills per one ($1.00) dollar of assessed valuation, which is here-
by levied on all taxable property within the City ef Delray BeaCh for
the fiscal yea= commencing O~tober 1, 1965 and te~minating September
30, 1966~ the assessed valuation on all ~axable property for ol~rating
purposes within the City of Delray Beach being $68,484,690. for oper-
ating and/or maintenance expenses of the ~eneral ~u~d~ and also in ad-
dition, all revenues derive~ by said City during said fiscal year from
all other sources than the ~ax lev~ for c,a~rent bond servl~e, and that
part of collection of delinquent taxes levied ~or bond service.
s~egtion. 4.~ - That the amount of mOney necessary to be raised for
rarest charges and bond redemption which ~onstitutes a general obli-
gation bonded indebtedness of that portion Of the City of Delray Beach,
which was formerly the City of Delray, iS$68~:~84, and that there is here-
by appropriated for the payment thereof, ali revenues derived from tho
tax levy of I mill per one ($1.00) dollar of assessed valuation, which
is hereby levied for that purpose for the fiscal year oo~encing Octo-
ber 1, 1965 and terminating September 30, 1966, upon the taxable pro-
perty in that portion of the City of Delray Beach, which was formerly
the City of Delray, the assessed valuation .being $54,918,840. and there
~s hereby appropria~ed, if necessary, from the surplus sinking fund
oash sufficient mOnies which, together with proceeds of said tax levy
fo= debt, w/.ll meet the debt requirements for the aforesaid fiscal year.
P~S~SSD AND ADOPTED by the City Council of the City of Delray Beach,
city cler~
PROpeRTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE.
PROPERTY CITY
o~ ~D~SS ~E$C~P~O~ COD~
1. M. E. & 849 I~win Drive Lots I thru ?, 15-3 &
Gertrude Frye Pittsburgh, Pa. Block 3, Southridge 15-4
2. Flori~s Ea.s~ Att: W. E. Black, South 225 feet Of
Coast Raitway TraCk Supt. North 480 feet &
Company F.E.C. station South 139 feet m/!
West Palm Beach, East of Railway, 15-3 &
Florida' Block 85~ also 15-4
Block 86 East of
Railway.
Violations 15-3 & 15-4 as concerns ~his report
are as follows:
1. 15-3. Loose building trash and debris~ broken trees and
shrubbery~ old lumber and m~scellaneous trash (cans,
old
t5-4. H~gh weeds.
2. 15-3. Broken trees'on site of old company houses~
Loose trash around atation~ old l~vnher,
loose wire, broken shrubbery and trees around st~n.
15-4. High weeds on entire property.
Submitted to the City Council by the City Manager
on this the 13th day of September, 1965.
RESOLUTION NO. 41-65.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL/lAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING
OUT ACTUAL C0ST~ INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT 0F
TBE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did~ in
regul~,r ~_
. .. /~{~/~ session held on the. loth of Maw and
14th & 28th of Jun.e, 1965 .declare the ex~i~te~a-ef a nui~-
san~e upon bertaln Iot~-"o~ '~a~'ce'l'S of land, described, in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS., pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
· that they must abate said nuisance within thirty (30) days, f~e~l~ing
in which the City Council would have it done, and 'the Cost tBgmeof
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing UPon their respective lands w!~thSn tko
time prescribed in said notice and Ordinance G-I~?, .~and tko City of
Delsey Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance exis~i~"thereon as described
in'the aforesaid list; and
WHEREAs, the City Manager o~f the City of Delray Beach, has, pur-
suant to'said Ordinance G-1~7 and the City Charter submitted to the
City Oouncila report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
lnvolved,
· NOW. T~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
~! OF DELRA~ BEACH, FLORIDA, AS FOLLOWS:
re-0rl'pt That assessments in the individual amounts, as shown by the
· of the City Manager of the City of Delray Beach, inVolving the
City's cost of abating the aforesaid nuisances upon the lots or par-
cels of land described in said report, a copy of which is'attached
hereto and made a part hereof, are. levied against the pascals of land
described on said report and in the amounts indicated thereon. Said
assessments so levied shall be a lien upon the respective .
lots and parcels of land described in said report, of the sa~ae
nature and to the same extent es the lien for general city taxes and
shall be collectible in the same manner and with the same penalties
and under the same provisions .as to sale and foreclosure as city taxes
are collectible.
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the 10th of, May,. a. nd 14th & 28th of June,1965
order the abatement' Of a ce~n nuisance 'gx.i~tid'g"oh their dead,'lb'ed
property and property owner having failed to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days after the mailing date of the notice of
said assessment, after .which interest shall accrue at the rate of 6%
per annum on any unpaid portion thereof
PASSED AND ADOPTED in regular 13th
session on the day of
_ Sep.~ember ....... ~... . ..... , ~'-
'AT,EST: /s/ A.L~ C. AVERY
/s/ R. D. WORTRING
264-H
CQST 'OF ABATING NUISANCES UNDER QRDIN~NCE NO. G-147.
PROPERTY DESCRIPTION OWNERQ ASSESSMENT
May 10th, 1965 list_
Lot 1, Block' 7, Federal Title &
Seaerest Park. Insurance Cerp. $20~00
Lot 2, Block 7, Jones & Frederick,
Seacrest Park. Inc. "
June' 14th, 1965 list.
North 50 feet of South 250
feet of East 135 feet, Ira B. & Rosa Lee
Block .13. Johnsen $50.00
Lot 7, Block 41. Jane Hannah $80.00
June 28th, 1.965 list.
Lot 30 & East 35 feet of
Lot 31, Delray Beach J.W. & Adele
Esplanade. Richardson $25%00