01-27-64 2O5
JANUARY 27, 1964
A regular meeting of the City Council of Delray Beach W~S
held in the Council Chambers at 8:00 P.M., with Mayor Al. C. AVery
in the Chair, City Attorney John Ross Adams, City Manager Robert J.
Hol!and, and Councilmen Emory J. Barrow, J. LeRoy Croft and q~k L.
S~"~ers, being present.
1. An opening prayer was delivered by the Rev. Charles C? ~arrin.
x. Mayor Avery announced that Councilman George Talbot, J~, is
a patient in the Bethesda Memorial Hospital having suffered ~ bFoken
le~ ~ver the weekend.
2. The Council minutes of the regular meeting of January l~th
wer~ ~nanimously approved on motion by Mr. Barrow and seconded bY
Mr, C~oft.
3. Mr. Charles Senior of Florida Power & Light Company presented
the City with a check in the amount of $63,420.83 for franchise pay-
ment to the City of Delray Beach from January 4th, 1963 to January
4th, 1964, which was an increase over the previous year of $5,905.51.
4. There was no Beautification Committee report.
4.a. A roll call showed the following Civic Organizations and re-
presentatives to be in attendance~
Beach Taxpayers League Miss Dorothea Galvin
Chamber of Commerce 'Mr. Kenneth Ellingsworth
Business & Professional Women's
Club Mrs. Clarence Bingham
Delray Beach Board of Realtors Mr. Andrew Gent
V. F.W. Mr. Clarence Bingham
Leagueof Women Voters Mrs. Frank Carey
Tropic Isle Civic Association Mr. John Halstead
Bethesda Hospital Auxiliary MrS. Faye Carpenter
Planning/Zoning Board Col. Andrew L. Fabens
Women's Club Mrs. L. E. Buel
5. Mayor Avery said he had received a call from Dr. Robert Ra-
born this evening who asked him to announce that in Delray Beach the
'~in Oral Sunday Program was a rousing success. There had been
m~re than 16,500 people participated iht his program a~d this figure
r epre~ents about 110% of the present Population of Delray Beach..
Concerning this "Sabin on Sunday" program, Mayor Avery com-
mended the Jaycees, the March of Dimes mothers under the leadership
of Mrs. Nicky Zuckerman, the Paramedics who are the Seacrest High
School girls that plan to study medicine, and the Medical Society,
~or their efforts in this program~
5. Concerning the Delray Beach Blood Bank, Mayor Avery announced
nei%heT Dave T'~e.c~ the Blood Bank Drive Chai=man nor LeRoy (Buddy)
Merritt, Chairman of the Blood Bank COuld be present tonight but
had asked that it be annOUnced that theAnnual Blood Bank Collection
would be this coming Thursday, January 30th, at the community Center
located just South of the City Hall on N. W. 1st Avenue,. from 10:00
A.M. until 6:00 P.M. Mayor Avery further announced that the supply
of blood in the blood bank was very low at this time, and Urged the
citizens to participate in this program.
X. Mayor Avsry asked if there were any visiting Mayors or City
Officials present as he would like to introduce them, but there were
none present. 1-27-64 '~
'.206
5.a. Mayor Avery introduced the members of the Palm Beach County
World's Fair Authority, Inc..who werepresent as follows~ Mr. E. F.
Van Kessel, Chairman= Mr. garIeton B. Wulf,'Finance Cha~rman~ Mr.
Henry C. Preston and Mr. George V. Wa=re~ D~rectors.
Mayor Avery then relinquished the gavel to Vice-Mayor Croft
and commented'at length on the organlzatio~ and functions of. the Palm
Beach county Worid's Fair Authority, Inc; and displayed-sketches of
the location of the Palm Beach County exhibit and a detailed sketch
of the exhibit.
Mayor Avery said this was a "Space-Age" World's Fair and would
be the most outstanding world"s Fair the world has ever known and
would attract more people.from, all parts of the country than any
exhibition had ever attracted, and was the ideal way to advertise
and nationally promote Delray Beach. Further, Palm Beach County was
very fortunate since Mr. W. L.~Stensgaard of palm'Beach, who is a
nationally famous promotional man, was selected to'head the Florida.
World's Fair Exhibit. It hadbeen decided a porpoise show wouId be
an outstanding feature for Florida, and that in a very large exhibit
area Palm Beach County would have booth No. 17 and had selected the
exhibits presented by the Garden & DiSplays Company, the WOrld,s
largest manufacturer of exhibits, to tell the story of agriculture,
industry, education and recreation in Palm Beach County. Mayor Avery
said this would be a most"outstanding exhibit and each tow~ and
community within the County would have their name displayed in this
exhibit which is entitled "Ride ~n Orbit". It ~s estimated
that between three to six million.people will visit this exhibit and
that it can handle seven thousand people a daY. Mayor Avery explain-
ed the operation of an electronic machine called a "Directomat" which
delivers answers to 120 questions about Palm Beach County attractions,
business, industry;'municipalities, etc.
Mayor Avery commented on the cost of this Palm Beach County
exhlbit and that people Should consider their contrlbutions as an
investment and not a donation, that the communities of the County had
responded'tremendouslyt~ ahd the doctors and. professional people had.
responded well, but private enterprise had fallen behind a bit.
Mr. AVery then moved that the City of Delray Beach Join hands
with its sister communities in the SoUth end of Palm Beach County and
invest the $5,000.00'that has been budgeted for this purpose in-the
wonderful effort of the Palm Beach County World's Fair Authority.
The motion was seconded by Mr. Saunders and carried unanimously.
5.b. Mayor Avery relinquished the gavel to Vice-Mayor Croft and
presented 'the following letter from Mrs. F~ye Carpenter, Advertising
Chairman oft~eBethesda'Hospital Auxi~iarY: "The Bethes~a Meq~rial
HosPital Horse Show Advertising and Sponsor Committees are appealing
to the Council for donations to our special event for 1964. This
is the o~ly money raising effort of our Auxiliary outside of our
Hospital, and as in the past three years,' the Cities of Delray Beach,
Boynton Beach andBoca Raton have always placed an ad in the Horse
Show Program, and sponsored aclass. I realize and regret that this
~300,00 item was deleted from yourbudget, but we sincerely hope that
you will reconsider our plea for funds for this all important event.
We needyour backing and support. The full page ad with a picture of
our beautiful City Hall costs $100.00. The jointly City sponsored
class costs $200.00. Thanking you. for¥our past support and hopefully
of your present consideration."
Mayor Averymoved that the requested $300.00 be given from the
Contingency Fund, the motion being' seconded by Mr, Barrow and unani-
mously.carried.
6.a. Concerning a memorial in memory of Catherine E. Strong, City
Clerk Worthing read RESOLUTION NO. 1473.
~2. 1-27-64
207
A RESOLUTION OF THE CITY COUNCIL.
OF THE CITY OF DELRAY BEACH
VIDING FOR A MEMORIAL IN MEMORY
OF CATHERINE E. STRONG.
WHEREAS, it is the expressed wish of many citizens
CSty of Delray BeaCh, that a memorial be established' to honor the
m~O~y of our beloved friend and .citizen, the late CATHERINE ~
S?~N~, and '
WHF~tEAS, CATHERINE E. STRONG contributed, usefully of ~
timp~ leadership and ability,- in the-development'of the City
t~ ~ars, and
WNENEAS, said CATHEaINE E. STHONG served this City with
dSstinction as Mayor in 1954, and as a member of the Cou~cfI during
thp~ypars 1955, 1956 and 1957, an~ she subsequently was most
active on numerous committees to which she was appointed~
NOW, THEP~FORE BE IT RESOLVED, an~ the City Council does
hereby proclaim that the new Delray.Beach Municipal Recreation
Center located at 600 S. W. 15th Avenue shall be dedicated to the
memory of CATHERINE E. STRONG, with appropriate dedication ceremonies
to take place at a time and date to be determine~ by the City Council.
AND BE IT FURTHER RESOLVED that the City Council of Delray
Beach shall welcome the establishment and urge the support of a
.memorial to CATHERINE E. STRONG at Bethesda Memorial.Hospital, which
memorial shall be entirely separate and apart from the recreation
center to be dedicate~ by Delray Beach, but which would provide
tribute and memorial to her work, leadership and ability, in the
establishment and 'development of the Hospital, and the City Council
does hereby urge all those persons who wish to pay homage to the
memory of CATHERINE E. STRONG and would like to contribute to
memorial in her name at Bethesda Memorial Hospital, to send their
donations to the Bethesda Memorial Fund.
This resolution unanimously passe~ and adopte~ this.27th
day of January, 1964.
Mr. Croft, chairman of the committee appointed to name a
proper memorial for Mrs~ Strong, reported o~their comudttee meetings
which resulted in the preparation of Resolution No. 1473, and they
further recommend that a.committee be set up to plan the time an~
date an~ to prepare the proper ceremony. Resolution No. 1473 was
unanimously passed and adopted on motion by Mr. Barrow and seconded
by Mr. Croft.
Mayor Avery then'appointed the following committee to take care
of the arrangements for said dedication ceremony= _Mrs. G. Moore Lap-
ham as Chairman, Vice-Mayor Croft, Councilman Barrow, City Manager
Holland, Mr..a~ Mrs. Hank Cohen, Mr. Spencer Pompey, Mr. Leroy Baine,
Mr. L. L. Youngblood and Mr. Frank Hearst. Mayor Avery informed the
Council that he is giving Mrs. Lapham permission to select and appoint
additional members to said committee and this committee be charged
with the responsibility of preparing the dedication ceremo~ setting
the date and all of the business pertaining thereto, ~nclud[ng a
plaque and anything they wish to recommend, with instructions t~at
they are at liberty to come .to the Council with a request for any
funds they may need for successfully setting up this ceremony.
6.b. Concerning request for modification of agreement concerning
limited access improvement of recently annexed property owned by Rob-
E Corporation an~ Mr. and Mrs. Robert L. Moore, Jr., City Clerk
Worthing reminded the Councl~ that action had been deferred on this
-~
item at the January 13th Council meeting, an~ since that time, by
letter of January 23rd, it is desired to relocate the cul-de-sac 80
feet Westward from the previously agreed upon site.
Attorney John Moore, ,representihg the Rob-E Co~poration and
Mr. and Mrs. Robert L. Moore, Jr., said they had two items before the
Council, one being the width of the Paving on the roadway and the
other concerning the relocation of. the cul-de-sac and easements.
Attorney Moore said the annexation Ordinance did not state how wide
the ~aving should be on the 25 foot road right-of-way, and what the
Moores would like to do is to abolish parking on the street, pave
20 feet of the rift-of-way and put the other five feet in land-
scaping, that off-street pa~king would be provided on private pro-
perty, and "no-parking" signs would be placed on the paved strip.
Attorney Moore informed the Council that Dr. Robert Raborn, also Mr.
Robert Gracey, who represents the Christenson property, had been
notified that these changes had been requested] further, that Mr.
Oracey had infor~ed him. on two different occasions and obviously the
Ch~istenson family, was not concerned.one way or the other. Attorney
Moore further said that he did not know whether Dr. Reborn was aware
of the fact~ that there would be a two foot strip separating his pro-
perty from the..South lin9 of the road right-of-way, and on this two
feet there would be. shr.ubbery planted and the ~eason for the plant-
ings was to sgreen out Dr. Raborn'a building and also to keep people
from coming onto this roadway from Dr. Raborn*s~.parking lot and to
prevent people from going from said roadway onto his.parking lot.
City Manager Holland said he felt Attorney Mogre had just
answered the question he had but wante~ the question to be a matter
of record and commented as follows: "The proposed street will run
East and .West. I want to know which side-of the.proposed street you
plan to plant?'!
Attorney Moore informed the City Manager that the~ planned to
plant on both sides of the street but with a specification on the
South side. whiChrWOUld give Dr. Reborn ample protection from people
coming from the street into his park/~g lot and the screening all
across would prevent that.
City Engineer ~leming asked= "The street is to be hedged or
planted on both sides. W~at final decision was made as to where the
garbage cans would be plac~?"
Attorney Moore said that would be under the City's supervision
and wherever the City agreed to, but that item is not before the
Council at this time, to his knowledge.
City~Engineer Fleming commented further= "It should, be, be-
cause if yo~ are going to plant on both sides of the street, our
garbage crews are not supposed to go in on private property. As I
understood there would be openings---periodic openings at least one
in front of each unit as the crews could traverse the public road and
go in and make the collection."
Attorney Moore answered= "I.think that Mrs. Moore told you
that and if you wish to make that a pa~t.of the record that is quite
alright."
Attorney Harry-Newer%, representing Dr. Reborn, informed the
Council that Dr. Reborn was aware of the two feet for ~plantings South
of the roadway. During lengthy comments, Attorney Newett stated that
said annexation ordinance provided that the Moores would prepare plans,
dedicate said rights-of-way, as well as easements, but that actually
parking is primarily the concern of the City.. Attorney Newett said
he didn't think there had been the proper study on th~s and commented
as follows="This is Dr. Rabornts position. A. That the proper plans,
whether it is for parking or for the easements, as set forth here in
the subsequent letter which I assume will be discussed, that they
haven't been presented in accordance with what .Mrs. Moore said at the
time the Ordinance was adopted, would be, and that thereafter, after
they had been adopted or presented then the Council itself will pro-
vi~e the public hearing, g~ving the proper notices.
-4- 1-27-64
209
So far we are still running on sketches which are the only thin.~ that
wm.~ ~riginally before the Council."
· Attorney Moore said that as long as Dr. Raborn's prop~ did
~0~ ~6ch said roadway an~ as long aS there is a gua=antee ~ 'there
w0.1~"be a 'two foot strip'of planting between said roadway a~4
R~ ~:~n's.,~ ~.~ pro~rty ~o there coul~ be no trespassing from. the .h
no '~de}~ ~' Dr.' ~born.
, Mayor Avery asked City Attorney Adams if the City had ~ i,~ai
ri~,h~' to grant ~e re.est to put in a narro~r strip, of pa~t and.~,~. ....
l~ape ~he o~er portion of the 25 foot right~f-way. A~y
Ad~ answered~ "As far as the =oaaway itself is c°ncerned~ ~9~ fact
t~i'~t'~hey ~u14 only pave 20 feet+at the present tim.
t~'='~o~e~late a P~lic hearing. The ~y the Ordinance Was
p~ th~ SOu.t~ 20 fe~t. 'At a.y tim~ i~ th~ fut~r~, I thi~?~:;:
Mo~& ~ul~ agree the city ~uld have a right to go in an~ dem~n~
that 25 feet be 9aved." Attorney ~oore said that was
luther, that it ha~ been specifie~ in ~e Ordinance' ~at t~ere
be changes from ~e original proposal, and changes concerning re-
location of the cul-de-sac and easements ~uld come ba-ck before the
COuncil for approval, but contacting the Council concerning ~e street
he felt ~s only a co~tesy and not a legal iss~.
Following !eng~y discussion and co~ents, ~. Saunders moved
that the re.est'be granted. ~. Croft said that for a point of
further discussion he ~uld second the motion.
During lengthy discussion and co~ents i~ ~s pointed out that
the only issue being considered at ~is time, in the motion ~at
made, is the width of ~ving on the 25 foo~ right-of-~y.
U~n cml1 of roll that ~e request be granted, ~. Croft, Mr.
Saunders and MaWr Avery voted in favor of the motion and ~. Barrow
was oppose~. ~. Croft stated that he was voting yes as this issue
was for the paving only.
MaWr Avery ~en asked that the other consideratfon re~ested
be stat~ s~cifically.
City Clerk WOr~ng.co~ented as follows= "I believe, your
Honor, that pertains to the location of the cul-de-sac 80 feet West-
ward from the original'intended location. It was originally intended
to be adjacent to and East of the Wes% l~me'of Lot 25 in section 9
in that general area ~at you are all' familiar w~th. It is now pro-
~sed and desired to move ir'due Westward adjacent to and on the Weet
side of said West l~ne of ~t 25, whicB, in effect, move~ the cul-de-
sac 80 feet west~rd from its original site."
Mayor Avery reviewed this item for the benefit of ~e Cocci1
as follows~ '"~ntlemen, the ~air ~Uld like to remind you,and the
minutes will show th~s to be true, that when ~is originally came
before us it' was provided ~at as the~ ~nted to develop '~is 800
foot strip and the ~y we did i~ in this manner ~s that on Fewest
they could keep moving the cul-de-sac West, because a cul-de-sac iS a
turn aro~d at ~e end of a strept and ~f they wanted to extend the
street they could move i~ on do~. You reme~er the then Mayor Dietz
made ~ita a point of this fact that it could be moved do~, Is that
correct, ~ City Manager?- Is that ~rrect, ~ City Engineer?"
Both the City Manager and' Ci%y Engineer agreed wi~h Mayor Avery %hat
what he said was 'correct,--and ~yor Avery cOnt~ued= "We did indicate
that was the reason for operating as' we did so they could move 'the
cul-de.sac as they 'developed ~e property. 'If you reme~er, at first
we were wanting them to put ~e cul-de-sau all the way do~ at the
end. ~ey ~nted to shorten i~ and now they ~e asking 'to move
a little fur~er toward ~ere ~ wan~ed it in the f~rst place, so
now we have a re'~st to move it due westward. SomeOne correct me if
I am ~ong." City ~nager Holland'and City Engineer Fleming ~th
agreed with what Mayo= Avery'had e~lained.
1-27-64
Mayor Avery-asked what the problems were in the request to mova
the cul-de-sac 80feet West,wa~dfrom tho proposed loc~tion. Mayor
Avery asked. City,Manager Holland if, there were'anyproblems as far as
the City was concerned, and the City Manager saidthere were none.
Attorney Moore commented as. follows:. '!My letter wes specific
in requesting the change of location of the cul-de-sac being, as you
say, approximately 80 feet West of where, itwas originally co, rem-'
plated. My letter touched upon drainage easements. I think ~hat
it would be well .for ,the record to show that I ammaking no request
for'change in any drainage ,easements at this time. ~ think that will
be best brought before~the Council upon specific plans and specific-
ations from an engineer. That Will only leave therefore the relo-
cation of the cul-de-sac. According to the Ordinance,'contigUous
property owners,again should be notified and Mr. Gracey has been
notified regardillg, this and he says the Christensons have no objec-
tions and of course, Mr, Newett is here to object, if so, from Dr.
Mayor Avery asked Mr. Newett if he had any objection to moving
said cul-de-sac further westwerd. During lengthy comments Mr. Newett
stressed t~e fact.that 'h~ 'felt that dedication'of'the righ~t-~f-way
and~easeme~tS'should be m~de-~ccording to the Ordinance. and'that
specific plans for theldevelopment 'should be presented~-including
elevation, and .when the plans were.reviewed that'there may even ,be
no objections, but they would want to see~.defin~te plans.
Mayor Avery, for the benefit of the Council, asked the city
Attorney what the City's position was legally on this point. Mayor
Avery said that it is hisunderstanding so far as the Subdivision
Ordinance is concerned.that the City allows the contractor to proceed
with the buildings while other requirements are being presented but
that occupancy certificates are notperm~tted ~ulless they comply with
all regulations~-
Clty Attorn~y Adams commented as ~ollows: "The Ordinance as
drafted in one provision says: 'The location of cul-de-sacs and ease-
ments herein.described are subject to change upon presentation to the
City of specific plans and specifications drawn in accordance to the
building an~ zoning ordinances of the City of Delray Beach and with
the approval .of the City Council following public hearing'with notice
to conti~uous property owners,' That seems' to call for specific plans
and specifications and in Section 5~ 'The Owners will provide drainage.
~so that the water will follow the contour of the. land and ~drain from
East to West as far as the Westernmostcul-de-sac and then will drain
from said---'. It ties drainage in with cul-de-sacs. In my opinion
there should be specific plans and a public hearing on it."
Attorney Moore stated that at this point he is not asking for
specific,Council approval of the sketch as submitted, but only wanted
to know if theCity had,any objection to the relocation of a cul-de-
sac 80 feet.West:of.where it wes proposed. .That it has nothing~to do
with drainage easements, andthat drainage easements will obviously
have to be so that they drain the propertY, and that issue would still
have tocome back to the City at a later time.and commented.:further:
"I am merely asking the-City if they. have any objections to the 80
foot westward location of the cul-de-sac, tentatively only.",
Mayor Avery said to-clarify the issue: "It seems 'to me, Mr.
Moore, that youare not asking for approvalof the cul-de-sac, You
want an expression on our part t~at we will be'receptive if plans
andspecifications and-drawings are presents6 to theCity's satis-
faction.''
Attorney Moore said that Was'correct and that the City Manager
and city Engineer. h~d stated ~at it did not interfere with the City
one way or the othe~.:but that',~e wes not~ asking for a definite ap-
proval of the location,at this:time.
City AttorneyAdams said since A~torneyMoore is only asking
for tentative approval with no liability on the part of the City it
would be alright..
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211
AttorneyMoore explatned~ "! wanted to find out if the City
h~d ~y basic ob~ection, primarily through Mr. Holland and M~, ~leming,
fp~ ~he relocation of this 80 feet to the West. That"'ie al~! '~his
i~-.~ely tentative. It is not specific at a11, nor could i~
u~*the definite plans and specifications ere resubmitted
Mr. Croft said-that he would eo move. The motto~
s~ed by Mr. Saunders and carried unanimously.
~ Mr. ~bert Gracey, representing the Christenson prop~n-
f~d the Council that he had told Attorney Moore that
t " istenson family are oonc. .d, they approve
of
a
re-
' Th.y ha . no.ob tion to mo ing it w. st =d r
c~ions with proper sngineering.~
.]/ Mr. Gracey said that he would not want to give a~prova! ~ the
proposed width of the paving on the 25 foot right-Of'way with0u~'"havin?
ful~ detail, and that he dad not know enough about it to mak9 · formal
ob~9~ion, but he did not want to be in the record as having a~pNoved
s6~&~ing without knowing more about it.
6.c.. City Clerk Worthtng reminded the Council that a previous Coun-
cil on December 9th, 1963, deferred action on considering provision
for a pension plan for City employees, believing the newly elected
Council should determine this issue. Further, that a committee'had
been appointed and a recomme~ation submitted to Cou~lcil that the
Wyatt Company's proposal be accepted, said proposal being as follows~
"Wyatt Company estimates that the amount of their fees,
in connection with a complete preliminary actuarial
study and the conferences required for the development
of an appropriate Plan, would be approximately $700 to
$1,000, depending upon the conference time required,
then, as mentioned above, after the Plan provisions
have been confirmed, the same actuarial valuation
material would then form the basis for an analysis' of
various methods of funding in order that the most
appropriate, from the standpoint of expenses, guarantees,
and flexibility, might be adopted. The additional cost
. for this phase woUt~ probably be about $300 to $500 -
again dependent upon the amount of conference and/or
discussion time required (if an actuarial valuation had
not previously been made, the cost would be some $500
to $600 higher)."
The City Clerk said that sub~ect to Council apprOval and
acceptance of the Committee's. recommendation, an appropriation*of
$1,500.00 from the Contingency Fund is requested and authorization to
· nter into an agreement with said.wyatt Company to providesuch neces-
sary actuariai valuation material as needed to complete an analysi~
of thelvarious methods of funding.
Mr. Oliver W; Woodard, Jr,, reported as follows= "On September
the 23rd a committeewas appointed consisting'Of the City Manager~.City
Clerk, CityFinance Director and myself'to investigate the feasibility
of studying a pension plan for the City employees, we held our first
meeting on October 22nd and at that time we determined that two steps
were indicated initially. One wes to poll the City employees to see
whether or not they desired such an investigation and secondly to
investigate from qualified independent actuaries the procedures and
the costs involved. We did that and we' ~eld ~ur second meeting on
December 2nde. We had determined by that time, by a pol~ of the
employees that they were one hundre6 percent in favor o~the Council
proceeding with this investigation, we also ha~ written to .two well
known qualified actuaries., Dr.~ HOward of the'U~l~versity of Florida and
the Wyatt Company with ~loride offices in Coral Gables. We determin~d
from these two companies that initially from the actuarial standpoint,
-7- 1-27-64
212
two things would be involved. First they would make an actuarial
survey of the conditions that existed.in the City ~dministration~ .an~
secondarily, as directed by the Council they. w~uld draw up several
types of alternative pension programs whi~h.WOuld be ~ubmitted to
you for selection of one type, then at that point this program which
YOu would select would be put out to bids. by any firm that might be
interested in supplying a program of that typeto the'City of Delray
Beach'. As the City Clerk has pointed out to you, the Committee
determined in their opinion that the.Wyatt Company would be the
feasible firm to handle this,'inasmuch aa their bid was lower, that
their 'representative was in Coral Gables and was available for con-
ferences whenever the Citydesfred them. H~.w0uldlnot charge for
transportation or attending these conferences and their background of
experience was admirable. As a matter of fact, their firm was
strumental in establishing the F10rida State Police and Firemen's
Pension programs among other things,
This $1,500.00 would include an estimated hourly fee which
would include all of the employees not now covered under a pension
program. In other words this would not ~n~lude 'the existingPolice
and Firemen's Pension_programs, but it woul~ include all other
employees in the City Administration~ The committee recommends that
the Wyatt proposal be accepted. ! wonder if you Gentlemen have any
questions."
Mr. Saunders asked if it would be possible for the Firemen and
Policemen to come under this proposed pension at a later time if they
desired.
Mr. Woodard said if the Council wanted to present an alternative
type of program to the Police and Pire Departments, the Council could
author~k~e the actuarial firm to further investigate the feasibility
of gt~ them the alternative. It was not oonsidered by the actuarie~
that it-would be more beneficial-for those two pension pl.ans, and that
it wo~ld take cons/de=able research to meke positively sure that they
would have the option of transferring to this program, but it could
be investigated if the Council desired.
Mayor 'Aver'y mentioned that the PoliCe. and Firemen's Pension
Funds were set up under the ~lorida Statutes and any other plan would
natuTally have to be better than theirs before they would want to
change.
Mr. saunders asked if the $1,500.00 mentioned would take care
of the.studyreqUired for those two departments and Mr. Woodard said
that it would not, and continued: "That amount of money only anti-
cipates getting the program through these first two stages, which
would be a presentation of a specific program on which we could re-
ceive bids."
City Attorney Adams reminded the Council that the proposal
varied from $1,O00.00 to' $1,500.00 depending on how much time. it would
take to make the studies, and that it might be wel~. to instruct Mr.
Woodard or Mr. Worthing to investigate what additive1 cost there may
be to include those two'departments.
Mr. Croft moved to accept the committee~ recommen~ation and
approve the hiring of the Wyatt Company for a maximum of $1,500.00
and the money be transferred from the Contingency Fund to Account No.
910-874~410. The motion'was seconded by Mr. Saunders and carried
unanimOUsly.
Mr. Woodard suggested that a Councilman be appointed to serve
on the Pension committe~, and Mayor Avery asked Mr~ Saunder~ i~ he
would ser~e in-that capacity since he has the t~ain~ng for*that* type
of committee. Mr. SaunderS agreed t~ serve on said committee.
6.fl. Regarding conaidera~ton for proposed development of a five acre
tract of land lying be~en S. W. 3rd and 4th Streets and 8th and 10th
Clerk Wo~g reminded the Council that the 'previous
Avenues,
City
Council on December 23r~,~1963, rescinded certain conditional building
permits which had been issued to the owner of said land and requested
-8- 1-27-64
213
that he meet with the City Manager and City Engineer with a view to-
ward effecting compliance with the City's building code and_regu!a-
tions, and that the following'letter dated January 21st, is a com-
mitment from Mr. O. D..Priest, Jr., the. developer o~ sai~ proper~y:
'"Re= .To:BloCk of land.on S. W. 3rd' Street between 8th
and'10th Avenues, Delray Beach, Florida.
We agree to the following at our expense.
A. 2. InStall necessary 6 inch water mains on S. w.
3rd Street for the use of said North half of ~10ck.
2. To take care of necessary drainage by..inStall-
ing C.B.S. Catch Basin and 24 inch corrugated metal
pipe from north end of property.to south of property.
3. It is agreed that the owner iS to use septic
tanks, however, if sewers become available'bef°re sout~
half is de~eloped, he will use~sewers on south half.
B. 1. We further agree to install necessary 4 'inch
water mains on south half of property when and if
developed by us.
2. To install half width street if and when
developed by us on south property line.
Work on items A1 and A2 to commenCe as soon as possible
and he completed before Occupancy Bu/ldingvPermits may be
issued. Items B1 an~ B2 to be completed later if south
half of proRerty is developed.
Streets, drainage and water mains to be at owners expense
and deeded or given to the City. It is agreed the developer
may proceed to build houses and make these improvements ~t
the same time."
Mayor Avery asked the C~ty Manager if this is in compliance
with the objections, and did it also comply with the requirements of
the'City, tO which City Manager Hollan~ said that it did, the only
objection he had was to the'lake on the property but did not know of
anything the City could do about it.
Mayor Avery asked the City Manager if he had any further ob-
jections as far as the City was concerned, to which the City Manager
answered that he did not.
Mr. Barrow moved that the reques~ be granted, the motion being
seconded by Mr. Croft and unanimously' carried.
?.a. City Clerk Worthing reported that the preui0us Council con-
sidere~ a petition for annexation from Mr. Alfred Flora and other
landowners South of S. E. loth Street and East of Dixie Highway, which
petition was referred to the Planning Board and later withdrawn by Mr.
Flora.
Mr. Worthi~g then read the folloWing letter from Mr. Alfred
Flora, dated January 10th, 1964~
"I, Alfred Flora, am asking for %oluntary annexation to
the City of Delsey Beach, my properties in Subdivision
'Silver Terrace' to be zone~ Industrial ~-3:
Lots 3, 4, 5, 6, 7, 8, Slk, 5
Lots 4, 5, Blk. 4
.-9- 1,27-64
"I have:operated Flo=a Millworks on this property for 17
years, and my original-zoning when I built was non-restricted.
I will assume no 'bOn'de~ indebtness and no back taxes on
these properties prior to my going into the city.
Am enclos, ing other names who also live in Silver Terrace,
who would like to be included in 2his voluntary annexation
under the same conditions,"
"The following owners of property in Silver Terrace, Sub-
division are petitioning for volBntary annexation to the
city of. Delray Begch, zoning to be Industrial'C-S, will
assume no bonded lndebtness and no back taxes prior to
going into the city:
Edgar Lorah, Block 4, Lots 6 & 7
John Joseph Cullen, Block 4, E2 of Lot 3
Ann Cullen, Block 4, Lot 2
Mizell Platt, & Wife, winifred p. Sadler, Blk. 5, Lots 9 & 10."
Mr. Croft moved that this item be referred to the Planning/
Zoning Board for conducting a public hearing thereon, the motion 'being
seconded by Mr. 8aunders and unanimously carried.
8.a. City Clerk Worthing presented ORDINANCE NO. G-523.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY .BEACH CERTAIN LAND, NAMELY LOT 25, LAKE
SHORE ESTATES, W~ICH LAND IS CONTIGUOUS TO EX-
ISTING MUNICIPAL LIMITS OF SAID CITY.~ REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OP SAID
LAND~ AND PROVIDING FOR THE ZONING THEREOF.
(Copy.. of Ordinance No. G-523 is attached to and made a part of the
official copy of these minutes) (See Page 224-A)
There being no objection to Ordinance No. G-523, said Ordi-
nance was unanimously passed and adopted on second reading on motion
by Mr. Saunders and seconded by Mr. Barrow.
8.b. City Clerk Worthing read ORDINANCE NO. G-524.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BFACH, FLORIDA,
AMENDING SUBSECTION 7 lb), SECTION
29-7.5: CHAPTER 29, CODE OF ORDI-
NANCES OF THIS CITY, PERTAINING TO
SET BACK LINES ALONG WEST ATLANTIC
AVENUE FROM .SWINTON AVENUE TO WEST
EIGHTH AVENUE'.
There was discussion as to what effect this ordinance would
have on the existing buildings and Mr.. Barrow asked for comments from
realtor Joe Kern who has been working as an appraiser for the State
on the West Atlantic properties..
Mr. Kern said it was his unders~tanding that the second two
paragraphs in said Ordinance would allow for the refacing of buildings
that were taken for condemnation, to which the City Attorney agreed
on the ones that would have to go back to 53 feet from the center line
of the road. Mr. F~rn said he was in complete accord with that and
215
commented further: ".on some of the .property out there you do have an
O~d~n.ance which requires a 10 foot setback, from a rear line ~ there
~9 ~.~. alley and by having .a '?§ foot setback ~rom' the center~l~9
a~.~":~oing.~.~, to effect the appraAssl of propert 'y An an_ y,wayo b.~.~o~ '~'~ ': u are
~.~g t.o have some properties out there that will have a mAn~' two ..
~:~?of buAld'~ng area. In other words the setbacks ams go~? ~o 'over-
1~ii On the complete ~lock betw_ee, 5th and 4th Avenues, on ~h~ South
~. you are going to have a buildt, ng area of 23 fee~.." :' '
It was mentioned that the City does have a Board of Adjustment
th~- considers applications for variances to_the Zoning Code where
a~dship may exist. -
Mr. Croft asked Mr. Ker~ how many b~ildi~gs wouId be ~cted
b~ ~.aid OrdAnan~e, by being cut back to the 53 foot setback~ t"~ which
M~.~ i~er~ answered that the ~eorgia Town Tavern, the grocery, sp~e
n~"door to it, the buildA,g that used to be k~own as Jon~S ~ at
t~ SOuthwest cot,er of the i~tersection of West Atla~tAc AVe~ with
Sth Avenue and the Col an era! ome the our
tha~ would be so affected.
Ordinance No. G-524 was unanimously placed Oh"first reading on
motion by Mr. Croft and seconded by Mr. Barrow.
8.c. City Clerk worthAng ~ead ORDINANCE NO. G-525.
AN EMERGENCY ORDINANCE OF THE CITY
CO~CIL OF THE CITY OF DELRAY BEACH
F~ORIDA,. AMENDING ORDINANCE NO.
G-516 PERTAININ~ TO THE OFFICE OF
CITY PROSECUTOR.
WHEREAS, on the 12th day of November, 1963, the City Council
adopted an ordinance 'No. ~-516, creating the.'offic~ of City Prose-
cutor ~ and
WHEREAS, it is 'deemed necessary to amend this ordinance on
an emergency basis for the d&ily operatio~ of the Finance Department~
NOW, THEREFORE, BE IT ORDAINED BY TH~ CITY COUNCIL OF THE
CITY OF DELP~Y BEACH, FLROIDA, AS FOLLOWS=
Section 1. section 2 of' said ordinance is hereby amended
to read as foI1ows:
"Section 2.. The CAty Cou.ncil shall appoint a City Prosecutor
and three Assis%ant City Prosecutors who shall serve at the pleasure
of the council for a term not in excess of one year. Said appoint-
ments shall be made at the same time and in the same manner as pro-
vided for An appointing the 'MU~tcipa! Judge and the City Attorney."
Section 2. SectAon 5 of said ordinance i~ hereby amended to
read as follows:
"Section 5." The City ProseCutor sba11 be paid compensation
in the amount of $2,600.00 per year, and the Assistant City Prose-
cutors shall receive compensation at the rate of $20.00 per Municipal
Court session which they are designated to attend. The aforesaid
compensation shall he paid 'from the General Fund which shall be re-
imbursed by the ~mpositAon of court costs in an amount of $5.00 which
shall be levied by the Municipal Judge against e'ach convicted de-
fendant in addition to any fine which mAght be imposed."
PASSED' and ADOPTED this day of ,
to be effeotiVe im~edAately.
-11- 1-27-64
Mro Saunders asked ~hy
an emergency nature and city Attorney Adams said "that .one of the basis
upon 'which an ~me~gency ordinance~uld be'passed' was ~or'~e daily
operation of a ~unicipal depart~nt. ~e ~it~ At~o~ey said it ~s
ne~ssary to amend O~d~nance No.-~-~16 for reasons e~la~ed in the
follo~ng memorand~ f~m Finance D~rec~r Weber to City Manager
Holland, dasd 'January 21, 1964=
"Subject~ Ordtnan~
Section 5 of Ordinate Q-516 provides for ~ Ckty Prose~tor
and Assi~tant City Prose~ors to
which shall a~ise from the imposition of court ~sts.
my suggestion that t~is ordinance be amended to ~rOvide for
Prosecutor and Assi~tant
~neral ~d and all ~ur~ ~sts to be dens,ted [n 2he General
~d
~s suggested proced~e ~s in keeping w~th ~e ~eory of
munici~l accounting ~n ~at special funds be kept at a
m~n~um, and also ~at ~t [s estimated that such procedure
will result in added revenue to ~e General ~nd.
~s added revenue would result' as foll~s~
Total cases processed last f~scal year, 1,260.
AsS~ing 80~ ~o~d guilty an~ pa~d $5.00 costs
addition to fine.
1,260 X 80~ X $5.00 - $5,040.'00
~ss~ Prosecu~rs Salary ~2,600.00
Estima~d
Prosecutors Fee 500.00
Tota~ E~ense .3~100.00
Estimated increase ~n'rev~nue $1,940.00
The above could be aCc~pl~she~ bY the C~ty. Co~cil taking
~e follow~ng steps:
1. ~ange Section 5 of Ord~n~ce G-516 to read as follows~
~e City Prosecutor shall be paid com~nsat~on of $2,600.00
per year, and the Assistant City Prosecutor~ sha.ll receive
compensation at ~e rate of $20.00 per Mun~cipal Court
session wh~ ~eY are desi~ated to at~end.
compensation shall be pa~d from ~e ~neral ~d wh~oh shall
be rei~ursed by.~e ~mposit~on of court costs ~n an amount
o~ $5.00 which shall b6 levi~by ~e M~c~pal Jud~'against
each conv[uted defendant in addition to any fine ~ch might
2. To provide appropriated ~nds to pay ~e Prosecutor and
Assistant Prosecutors ~o Septe~er 30, 1964 .by t~nsferring
$2,200.00 from the ~neral F~d ~nttngen~y account, % 910
858 800, to the Counsel a Legal account, ~ 910 161 101.
3. ~ansfer ~11 Co~t Costs received to date fr~m ~e Trust
Fund to ~e General ~nd revenue ~c~t entitled 'Court Costs',
% 710 501 002."
Ordinance No. ~=525 ~s unani~usly passed and adopted on first
and final reading on motion by'~['Saunders and seconded bye. Barrow.
9.a. ~e Council was ~nformed ~a~ ~.' H~sten Johnson had re~ested
permission to develop a nursery operation on ~ts 23, 24 and 25, Block
40, to ~nclude parking of equipment such as trucks, mowers, ~ertilizer
.storage, .etc., which parking area would be enclosed~by a fence and
shrubbery per an attached..sketch,
The following Planning Board report, was presented to
Co~Oi~ on JanUary 13th and tabled until a confer~nqe
c0~g same w~th the Platming/Z0n~ng Board=
"The Planning Board held a public hearing on December ~0, 1963,
as follows=
Present at the meeting were Chairman J. Sinks, K. Jacobso~,
S. Lankton, J. Kabler, R. Hanna, A.' Fabens and R. Hugh~n..
Request for. Permissive Use for the .operation'of a Nursery on
Lots 23, 24 an~ 25, Block 40. Sixteen property oWner~
notified.. On ..a motion by M~. Hanna seco~de~ by Mr. La~on
and unanimously passed, to recommend to.Council, that
request be denied~ the reasons, that the Board is oppo~pd to
conditional uses which are not attractive to the area,
the Board is desirous of encouraging the improvementof
residences in this area..."
Mayor Avery reported that at a conference held with the
Planning/Zoning Board they assured the Council that it was quite
proper to grant said permissive use if there was a definite sketch
of satisfactory plans.
Mayor Avery said there had been an objection to said permissiv~
use from an area resident that he understood had been withdrawn, and
City Manager Holland rea~-the following letter fr0mMr. Anthony H.
Holli~ay, dated January 27th, 1964=
"This letter comes to inform you that I DO NOT object to
Mr. Johnson's proposal to use his property ~ear my home
for his proposed nursery which I understand will not de-
crease the evaluation of my property."
Mr. saunders moved that the request for permissive use be
granted in accordance w~th the sketch as presented. The motion was
seconded by Mr. Croft and carried unanimeusly.
9.b. Concerning petition for license to sell new ~:nd used house
trailers, ~he follow~n~ Planning Board report was submitted to the
Council on January 13th, 1964 and action on ~ame was deferred in order
that the Council could, hold a con~rence with the P~anning/Zon~ng
Board concerning same=
"The Planning Board held a public hearing on D~cember 20, 1963.
Present at the meeting were'Chairman, j. Sinks, K. Jacobson,
S. Iamnkton, J. Kabler, R. Hanna, A. Fabens and R. Hughson.
On November 12th, 1963,. the request'of Mr. E. B. Nichols was
resubmitted to the Planning Board for'~urther study and re-
commendation.
This request was an application by Mr. Nichols for a license
to handle new and used house trailers for sale.
Th% Planning BOard on a motion by Mr. Jacobson, seconded by
Mr. Fabens and unanimously passed; that no exceptions to the
present trailer ordinance be made. Ir'is the feeling of. the
Board that the sale or display of house trailers in an enc.losed
building Or garage would .~ot vio~ate the. present ordinance':.
-132 1-27-64
Mayor Avery said this item. had.been disuu-ssed during-the con-
ference with~the Planning/Zoning Board_and the concensus of the Board
was that they. holdfirmon ~he rec~iendation'.of denial of the request
before the Coun~£1, and that.if:it.~was desired t° allow:same it nay
possibly be allowed in a C-3 Zone whiah would have to be accomplished
Mr. Saunders. movedthat'said petition bedenied, the motion
dying for the lack of a secondS.
Mr. Croft said he was under the impression that the Planning
Board would have another meeting and make recommendations to Council
concerning.azone in which trailer salescould b~ conducted,.
Miss Dorothea Galvin-informed the Council that she had been
objecting to trailers in Delray Beach ever since she had lived here
and that she still-objects.
Mr. Croft said he would not like'to see the trailer Ordinance
broken dot, m,-but would like for this item to be referred back to the
Planning/Zoning Board for further-study on suchan operation, possibly
being permitted in a C-3 .Zone, andWOuld so move. The motion was
seconded by Mr,~:Barrow, .and upon'esl1 of ro11, Mr.. Barrow, Mr. Croft
and Mayor.Avery voted~in 'favor of the.motionand Mr. Saunders was
opposed...
9.c. City Clerk Worthing reported that the previous Council re-
quested the Planning Board"to conduct apublic hearing concerning
posslble~reolassification of Lots l:-through 16, Nichols 1st Addition,
and read the following Planning Board report dated January 9, 1964
concerning same:
"On December 20th-,' 1963, a hearing one'the request to rezone
Lot I ~through 16, Nichols sub-division, from R-lA; single
family district, toR~2, one and.two family 'diStrict, was
~held, This hearing was'the result of Council action on a
previous Planning Board recommendation.
On November 7th, 19~3, a hearing was held on a request to
rezone one lot, namely Lot 5, Nichols sub-division, from
R-lA to R-2, This request was made by P~. P,~W.'.weaver,
Nineteen property owners ~ere noti~ied= there were some
objections.
The Planning Board, after study, recommended to Council, that
the request be denied, as this.would.be spot zoning. The Board
also recommended to Council that another hearing could be held
to determine the feasibility of rezoning the entire first
addition to Nichols sub-division, and felt th.at, there might
be a need for additional R-2 'zoning in this area.
At the December 20th, 1963 hearing, regarding the rezoning
of LOt I through 16, ~iohols sub-division,'..fifty-seven (57)
property owners .were notified. There were numerous Objections.
Of the sixteen (16) lots involved, twelve (12) have single
family homes, one is vacant and threehave duplexesl the
duplexes were built prior to the present ~zoning.
On a motion by Mr. Lankton, seconded by Mr. Fabens and un-
animouslypassed, this request'to rezone:was denied. The
-reasoning was that it would allow additional rental units
to be added tothe existing single'family homes, and. cause
a lowering of property values."
~, Barrow moved that the request be denied, the motion being
seconded by Mr. Croft and unanimously carried.
--14- 1-27-64
9.d. 'City Clerk Worthing read the following Planning Board report
da~d January 9th, J1964,'which-report had been'submitted to
Bo.rd on.e , which =onf.r.nca ha. been .o d,
"The PlanningBoard held a public hearing on December
1963.. Present at the meeting were Chairman, J. Sinks,!!
K. Jacobson, S. Lankton, J. Kabler, R. Hanna, A. Fab~e
and R. Hughson.
On December 20th, 1963, a. request was received-to rezo~ Lots
I through 12, Block 60, from R-3 to C-1. Thirty-nine'(~9}
property owners were notified.
On September 5th, 1963, a request to rezone the S. 50~
Lot 5~ BlOck 60'was received; a motion by Mr. Hanna, SeConded
by Mr, Lankton recommended to Council that the reques~-t~ re-
Zone the S. 50' ,of Lot..5, Block 60 from.R-3 to C-1 be de~ied.
The Board felt that any extension to the present commercial
district should be discouraged, ,-This request, if granted
would be spot zoning. The Council sustained the Planning.
Board's recommendation.
At the Januar. y 3rd, 1964 Planning Board meeting, the hear~
ing that was held on December 20th, 1963 on the request to
rezone all of the .R-3 lots in BlOck 60, namely Lots 1
through 12 from R-3 to C-1, was discussed and on a motion
by Mr. Fabens and seconded by Mr. Hanna and unanimously
passed recommended that .the request be denied. The.Board
again expressed the same feeling, as in the previous
quest, that no extension to the commeraial district in this
area was warranted, and that it would create ahodgepodge
of small business on Swinton Avenue, opposite the Elementary
school and opposite the Recreational Center and City Hall
on N. W. 1st Avenue."
Mr. Saundera moved that the request be 'denied, the motion being
seconded by Mr. Croft and unanimously carried.
9.e. Concerning %mter service to residents of Tropic Palms Subdivi-
sion, City Clerk Worthing reported that as directed by Council at the
regular meeting of January 13th, the Utility Management Company, Inc.,
operating on behalf of Delray Beach Utilities, Inc., had been advised
of the City's policy with regard to water deposits, as required from
~roperties receivingwater service from the City, which it is be-
lieved will be acceptable to the residents of Tropic Palms Subdivi-
sion. Mr. Worthing said he did not think there had been a reply to
that letter as yet.
City Clerk Worthing read the foll~wing letter from the Delray
Beach UtiLities, Inc., signed by E. K. Wheelock, President, dated
January 16th: .-
''Subject: Water furnished to homes in Tropic palms.
As of the date of this letter the Delray Beach Utilities,
Inc. formally rescinds the notices published in the Delray
Beach paper of last summer announcing that water service
would not be furnished 'to new homes in the Tropic Palms
Subdivision.
We now look forward to serving any new homes being built
in this' subdivision~ "-
-15- 1-27-64
9.f. 'Concerning re-open'ifig of a-portion of the' north~south alley in
Block 10, Oeceola Perk, City Clerk Worthing reP°rtedthat.Mrs- Madelon
Tengbergen of 921 S. E. 2nd Avenue informed the Council at its last
meeting of an alley running northward from S. E. 10th Street,
proxlmately 225 feet between S. E. 2nd and 3rd Avenues, which she had
originally made useable at no expense to the City, but which was re-
cently made unuseable by inS'tallation Of sewer lines, and that in
compliance with Counoll dire~tiVe measures had been 'taken and that
part of.said alley had been reopened-.
10.x. City Manager Holland informed the Council that Rev. P. J. Welch,
colored, of the Church of ~od, had requested permission to conduct a
tent meeting' at'W. Atlantic and llth Avenues, further, that the pro-
perty is satisfactory for that and the tent is fire proof and water
proof, and they weuld be required to comply with the electrical co~e,
if permission wa~ granted~ The City Manager further stated it had
been~ouncil policy in the past to approve such requests and they
wanted to start the meeting on Wednesday the 29th of January but had
not 'indicated the-length of-time they would desire to continue. During
discussion the City Manager said he felt that sixty days would be a
sufficient length of time for said permit, provided nothing transpirad0
in the meantime, to cause said permit to be revoked.
Mr. Croft said if that had been the policy in the past, he woul~
so move, subject to the ~e~trictt~nsof a 60 day limit, as recommended
by the City Manager. The motion was seconded by Mr. Barrow and
carried unanimously.
10.x. City Clerk Worthing read the following' letter from City Manager
Holland to the Council, dated January 23rd, 1964:
"'During the past year, I have been in the process of working
'the ~kinks" out of our City"s'administration- The purpose
has been to create greater efficiency and economy of operation.
Some of the problems we have been confronted with, as you know,
have been as follows=
We have been operating without a Director of Public Works since
that individual has been .performing as City Engineer. This
job was an admi~istrative one, coordinating the efforts of
15 sub-departments. In addition~ we'have been operating with-
out a Director of Recreation and without an 'Assistant Recre-
ation Supervisor. The result has been '$14,000 less in annual
salary expense= however, this work'ca~not be accomplished
--eff~ctively because of the overload of.responsibility on the
remaining staff.
In addition to the foregoing, we have been confronted with
the sewer program and all its endless problems. The sewer
work load is expected to increase the first of April for the
City Engineer to t~e extent that the majority of his time will
be required on this program al0ne, again increasing the work
for the City Agministration.
Not only has the City Manager been overloafled with work, but
also the City Clerk. In the interest of sound administrative
procedures, this work loa~ necessitates my recommending the
following adminiStrative'changes and the hiringof a qualified
individual to Perform the duties=
1. Return the Purchasing Department to its original status
directly under the City Manager, as i~ was un, er the previous
City Manager, William Lawson. The City Clerk, Mrs' Worthing,
concurs with this move.
-16- 1-27-64
221
"2. Take over as Civil Defense Director. This has been
requested by the Mayor.
3. Provide the City Manager with administrative assistance
to handle his paper work a~d detail, matters.
4. Supply liaison between Resident Engineers, the
Administration and the City Council, in co~ection wi~
coordination of the sewer program.
5. Coordinate the pension plan program.
6. Help coordinate East Side Community Center, with '~e~ect
to programs and operation.
.?. In many instances, help with the sewer program easements.
8. Help initiate and coordinate the program for the
West Side Community Center., which we propose ~ ope~ in the
near future.
9. Coordinate the program st Teen Town Center ~West Side.
10. Make daily inspections of the Teen Town ~ool - West Side.
11. Take init~ative on annexation program...
12. Serve as Chairman of the traffic an~ parking studies
committee, as authorized by the previous Council.
13. Act as agent of the City Manager, handling complaints
under the City Manager"s jurisdiction, when conditions
warrant same.
14. Assist me in my efforts to create greater effickency an~
economy of operation.
In order to effect the distribution of the w~rk loa~ and to
continue to work toward our goal of ~xtmum efficiency, the
individual I hire mus~be intimately familiar with all the
aspects of this position.
Gentlemen, there.is a definite need for action. I'would like
your authorization.to proceed immediately to effect these
recommended changes and to fill this position. The funds are
available in the Transfers to the Special Assessment Fund and
can be utilized without detriment to that fun~, to the Con-
tingency Fund or to any departmental budget.
I respectfully request your concurrence and .authorization
to.effect.-the recommende~ changes."
Mr. Croft moved that the request of the City M~nager be grant-
ed, the motion being seconded by Mr. Saunders and unanimously carried.
10.x. Finance Director Weber informed the Council that the City
Manager wished to purchase a new truck and wished to. transfer money
from the Equipment ContingencyAccount to.Traffic Engineering Account
in the amount of $3,830.00 for the purchase of a truck a~d $45~.00
for radio for~said truck, further, thatif said transferrals approved
there would then be a balance of $1,726.00 remaining in~:~S~id Equipment
Contingency Account,
The transfer was unanimously approve~.on mot~onby Mr. Barrow
and seconded bY Mr. Croft;
10.x. Concerning Ordinance ~o. G~2~,.Finance DirectOr Weber
the Council that said Ordinance p~.ovided that the City Prosecutor
would be paid from General Funds and continued as follows: "You pro-
vlded that the City Prosecutor would be paid from the General Fund,
now we must transfer monies from the ~eneral Contingency Account to
the Council and Legal Account to pay for his salary in the amount of
$2,200,00. Al.so, there have been court costs collected, These court
costs have been deposited in the Trust Fund. We ask your .permission
to transfer those from the Trust Fund into the General Fund Revenue
Account entitled Court Costs."
The request was unanimously granted on motion by Mr. Croft and
seconded by Mr. Ssunders.
10.x. City Clerk worthing reported to Councii as follows: "The pre-
vious Council, on December 12th, adopted Resolution No. 1468, author-
izing the issuance of $1,550,000.00 water and sewer Revenue Refunding
Bonds,-and thereon further provided for redemption of the outstanding
1957 Water-Revenue Certificates amounting to $1,264,000.00 from an
Escrow Bank, ~mely,. the Chase. Manhattan Bank. An Escrow Deposit
Agreement must be provided, for.this purpose and Resolution No. 1472
has been prepared which authorizes the execution of an Escrow Deposit
Agreement between the City of Delray Beach, Florida, and the Chase
Manhattan Bank of New York City."
City Clerk worthing then read RESOLUTION NO. 1472, the Escrow
Deposit Agreement being a part of said Resolution.
A RESOLUTION.AUTHORIZING THE EXECUTION
OF AN ESCROW DEPOSIT AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH, FLOR/DA, AND
THE C~SEMANHATTANBANK, NEW YORK CITY,
(Copy of Resolution No. 1472 and attached Agreement are attached to
and made a part of the official copy of these minutes.) ('See Pages 2~-B
~ ~h~ough 22~-M)
Resolution No. 1472 wes unanimously passed and adopted on motion
by Mr. Barrow and seconded by Mr. Croft.
lO.x. City Clerk Wo~thing presented the following letter from City
Attorney Adams, to the Council, dated January 22nd: "Re: Attorney Fee
- $1,550,000 water and Sewer Revenue Ref~nding'.Bonds, Seri~S 1963
I have discussed the matter of my attorney fee for validating
the Water and Sewer Revenue Refunding Bonds with Mr. Tom Weber,
Finance Director, and we feel that further action is needed by
the Council to approve the.payment.
The matter was discussed at length in 'the meeting of September
23, 1963, and the Council,. after unofficially approving a fee
of 1/3 of 1% of thebonds validated, proceeded to instruct the
flscal agents and myself to proceed. However, there is nothing
officially approving the payment of my fee and Mr. Weber and
myself feel that good accounting practice would require a
specific approval.
I.have not bothered to furnish you with a verbatim account of
that meeting at which time I explained to the Council that the
fee normally charged by attorneys for this type of service is
1/2 of 1% rather then 1/3, but Mrs. Yates will be happy to
furnish such a copy upon request from any of the Councilmen.
Legally I am certain that my fee has already been approved,
but to satisfy our auditors, I believe that the following
motion, under miscellaneous business, would be in order:
-18- 1-27-64
'I move that an attorney fee of 1/3 of 1% of
$1,550,000 as mentioned in the minutes of the
council meeting of September 23, 1963, be paid
to John Ross Adams.'
Your cooperation will be appreciated.''
Mr. croft moved as recommended, the motion being secondedby
Mr. B~rrow and unanimously carried.
10.x. City Clerk Worthing reported to Council as follows concerning
ChaPter 175.061 of the Florida Statutes=
· "Prior to the next Council Meeting, Mr. Weber, the CitY~
Director of Finance ha~ been called upon, by the State, to
submit a report concerning the finances and the membership
of the Board of Trustees of the Municipal Firemen"s
Trust Fund. The recent session of the Legislature resulted
in said Board of TrUst~es to consist of th~ Mayor,' the'Chief
of the Fire Department, two firemen of the-Municipaiity and
one legai 'resid~nt to be appointed by the Legislative body
of the City. Appointment of such member shouldb~ made this
evening and for a period of two years; He may succeed himself
in office and holds same at the pleasure of the Council."
Mr. Barrow moved that Mr. J. T~ McMurrain be appointed as the
legal resident of the Board of Trustees of the Municipal Firemen,s
Pension Trust Fund, for the two year term to serve at the pleasure
of the Council, the motion being seconded by Mr. CrOft. The motion
carried unanimously.
lO.x. City Clerk Worthing referred to a letter from the City of ~iami
concerning the Florida ~ast Coast Railway Company,' and Mayor Avery
said that hearing no'request for action by any Councilmen that no
action would be taken.
lO.x. City Attorney Adams informed the Council that the closing on
the refunding bonds would be February 3rd, and 'that sometime between
tonight and that date there would be another resolution prepared that
woul~ have to be passed awarding the bonds, and all of the various
Closing papers woul~ have to be approved. Attorney Adams said'he was
sorry this would requirea special meeting but the Bonding Attorneys
had'overlooked the resolution,-further, that it would require ap-
proximately two more days to complete the paper work and felt that
half an hour would' be sufficient tim~ to conduct the business that
would be necessary at said special meeting.
Following discussion, Mayor Avery calle~ · SpeciaI Council
Meeting for Wednesday, January 29th, 1964 at 4:30 P.M.
10.x. Mr. Weber Commented as follows= "When you approved the'payment
for City Attorney Adams' fee for providin~ validation of the water
and Sewer Revenue Refunding Bon~s it required an appropriation transfer
from the Water Fund Contingency Account, which is 915 858 800. A
transfer in the amount Of $5,167.00 will be made-to Account No. 9~5
410 410 which is in the Water Fund for Professional Service~."
Mr. Croft moved that the recommended transfer be made, the
motion being seconded by Mr. Barrow and unanimously carried.
10.x. Finance Director Weber reported as follows= ,When the repre-
sentatives of 'Goodbo~y .& Company and B. J. Van Ingen & Company were
here t.hey said that our savings on the refunding issue would be ap-
proximately $140,000.00. We have, in the past week, received from
them a suhedule of'government bonds that are available for us to
-purchase and making some computations over the week end I have come
a figure now that is very close to being correct and that the
~s will be $144,1~0.00."
lO.a City Clerk Worthing presented Bills for Approval as follows:
General Fund $78,353.05
Water Fund - Operating Fund 19,307.47
Refundable Deposits Fund 1,287.47
Beach Disaster & Improvement Fund 1,539.38
Improvement Fund 250.00
The bills were unanimously ordered paid on motion by Mr. Barrow
and seconded by Mr. Croft.
The meeting adjourned at 10=22 P.M. by order of Mayor Avery.
City Clerk
APPROVED:
-20- 1-27-64