02-10-64 229
FEBRUARY 10,1964.
A regular meeting of the City Council of Delray Beach W~ held
in ~ Council Chambers at 8500 P.M.., with Mayor Al. C. Avery ~:the
an~ ~uncilmenSmory'J. Barrow, J. LeRoy Croft, Jack L. Sau~9~'and
Geo~ Talbot, Jr., being present.
1. .An opening prayer was delivered by the Rev. Rudolph J, ~.
~ayor Avery welcomed Councilman George Talbot, Jr. back ~' the
Co.~..~.~$~ after his two weeks in Bethesda Memorial Hospital wi.~ ~
br~,:leg. Mr. Talbot praised and . commended the Bethesda'.~grial
2./-' The Council minutes of the regular meeting of January ~.~h and
sp~ial meeting of January 29th, 1964 were unanimously appro~d.'~n
Mr. rrow and seco d.d by Mr. Saunders.!'
3. An engineer of Summerland Engineering, Inc. informed the Coun-
cil that his company installs sewer lines from the house to the
lateral lines and they have been in that business in ~outh Florida
since 1922'. He suggested that the Council solicit bids on such con-
struction in Delray Beach as the work could be completed in a much
shorter length of time and'at less expense to the property owners~
further, he explained the procedure of his company in performing
such work.
Mayor Avery said it would be impossible to make a decision at
this time, and referred this proposal to the City Manage~together
with the City Attorney and whoever else the City Manager may wish to
consult with, for a recommendation concerning same to be presented at
the next'regular Council meeting.
City Manager Holland said it had been the policy to use local
plumbers and laborers as much as possible, and the engineer said they
would not plan to b~tng in laborers, all. his company wanted was'six
supervisors from the company~ and that they could .furnish recommend-
aiions ~nd also a bond if it was desired.
3. Mr. Edmund D. Greenhalge, 1320 S. W. 21st Avenue,informed the
Council that there are no street lights in that area and asked that
this be investigated and ligh~s'be'installdd.
Mayor Avery referred this item to the City Manager and asked
.*d~t a report on same be made to the Council a~ their next regular
meeting.
4.a. A roll call showed the following Civic Organizations and re-
presentatives to be in attendances
Tropic Isle Civic Association Mr. John Halstead
American Legion Auxiliary Unit No.. 65 Mrs. R. C. Lawson
5. Mayor Avery read the following Proclamation and then presented
same to Mrs. R. C. Lawson, a member of the ~merican Legi°n Auxiltary~
"WHEREAS, it has become a national custom at this time of year
to obtain funds for veterans who were disabled in the servine
of their CountrY, and
IqHEREAS, the citizens of Delray Beach have always taken an
active interest in this worthwhile movement,
NOW, THEREFORE, I, AL. C. AVERY, Mayor of the City of Delray
Beach, do hereby proclaim Friday and Saturday, Pebruary 14th
and 15th, 1964, as POPPY DAYS, for the purpose of collecting
funds for this worthy cause, by the American ~sgion Auxiliary
Unit No. 65." 2-10-64
230
Mrs. Lawson explained the reason for the POPPY DAYS, and the
distribution of the f~ulds received.
5. City Clerk Worthing read the following letter from. the Tropic
Isle C~ViC Association, Inc., dated Pebruary 6th=
"We greatly appreciate the many improvements that the City
of Delray Beach has made recently on Tropic Boulevard at the
North Entrance of. Tropic Isle Subdivision. Mr. Wade Cartee,
Parks Superintendent did a wonderful job in the planning and
execution of this beautificat/on project, we thank all City
of Delray Beach employees, who participated in the completion
of this beautiful landscaping of our North Entrance, for their
excellent efforts.."
5. The City Clerk read s letter to City Man~er Holland from Mr.
and Mrs. Alex M. Stagg expressing their appreciation for a Job well
done in regard to cleaning of an alley adjoining their residence.
5. City Clerk worthing read the following letter to the City
Manager from Mr. D. C. Dean of 114 N. E. 12th Street, dated January
31st:
"Thanks for the prompt service ~n hav~ng the sidewalk approach
at 2nd Avenue and 14th Street repaired. I'm sure it will be
appreciated by many who uae it.
I hope ~Ith, 12th and 13th Streets can be repaired in the
new future as they were in much worse shape than 14th."
Mr. LeRoy Croft.read the following Beautification Committee
Minutes of February 6, 1964:
"Me,bare present were: Bud Mprritt, Peg Bowen, Clarence
Galinat, Wade Cartee, LeRoy Croft, Stuart Lankton, Marjorie
E~aul, Ken Ellingsworth, Gladys Little, and guest, MrS. John
Banting from the Evening Garden Club.
Chairman Bud. Merritt welcomed Mr. Croftas a new member to
the Committee, representing the Cit'y Council.
Peg. Bowen reported on-the successful Arbor Day project, in
which~.Adonidia Palm seeds and planting instructions were
distributed to the public.
It was reported~that a flag pole is to be put in at the City
Cemetery and that the Committee is working on plans for the
entrance.
It was recommended by the Committee tha~ the City Councii
establish an or~inanca prohibiting ~ogs on the beach and
grassed areas. (Council action}
The Committee requests that the City Council refer to the
minutes of January 9th, pertaining to the motion= 'that the
City Engineer in drawing plans for paving the new parking lots
recently acquired by the city, provide areas for the planting
of the official city tree.~ (Council action)
It is recommended by the Committee that certain existing trees
on the new parking lot known as K~ng property, be preserved
'.and that the City Engineer meet with ~the Committee concernin~
this matter. (Council action)
There being no further business, the meeting was adjourned.'` -2- 2-10-64
s on the beach
:~ cE D ' wflZo~ -=sc C ~ co b
~at' .a of said ~. ~d vio~i~,' ~ · ~-gs, f ~ the mat~
~=,~-'"~A a-~- -~ ~ard ..~- -,,u see ~,~_: .... ~a~fe~-=T"av°~
~e City Oler~ .~ U~aea ~a~ ' -"~ ~nt~o~:~ ~ude~-
~i~ate~ 29~gu
O=de
b---" ~ '~' ~iS -~ -' co be =e~:~~ O~e= t~- ~ teemed
cae ~j:~ ~ae ~;/...-ealdent ~_ . , a._ ~areceed
'~Yor A -, oy the .... ,e, ac nra ~he ts
~e co~etd ..... very oat~ .. COUncil _= ~=k Wil~ - asphalt
· e~ter a~i',a at ~..~ Cou.~Oacerata~ ~ CO~eao~ ,~:_-.,u a fair
'' & ~on, ~',,~nc f=om ~ ~ c~ty Clarendon- Agenda°*~a.
' uae8 ~' Of
de~a,..~ ~ae ~t.'~PZace, aa- "=' offered
:.-o that -. ' ~eatto-.~ no ~a~ * .... to leave *-
~Aaa/ ~a--- . ~e Se-:- , ~ CAe ~ cna
~ vAA ~cAe~' ~Acy..
~ °Peratto-. Wt~ou~ ,f. Z~
. ' .... ~ cae ~ed.
2'10-64
"2. There is no easy solution tO this problem, in. view.of
the fact that it has passed from an engineering matter into
the realm of public controversy.~
3. Nevertheless, I have considered this question from all
angles, and in view of the need to get the paving down, and
the town cleaned up, I am prepared to suggest what I consider
to be the most feasible course of.action to meet the .situation
we face today.
4. In the first place, the previous Council of Delray Beach
had nc.other alternative, under the conditions existing in
September, 1963, than to take the action which it did. On
the other hand, th~s Council faces a somewhat different situ-
ation.
5. Reduced to its barest essentials, a manhole has only one _
primary purpose, to provide a Junction between runs of pipe~
a hole, ~f you will, that will have structural integrity
(strength and tightness) over the expected life of the sewer.
To accomplish .this purpose, the engineers design a suitable
structure. In this instance, the contractor departed from
that design early in the job without proper authority. This
was properly considered to be a serious matter, and corrective
action was taken.
6. Now, from a purely engineering viewpoint, it was necessary
for me to determine whether these structures were 'adequate'
for the purpose intended, and whether .the overall interests
of the City would be beet served by accepting the contractor's
proposal. Xt was necessary to consider the alternative of"
tearing up all the areas all over again, and delaying inde-
finitely the final paving operation.
7. In cooperation with Mr. Fleming, we have inspected the
concrete manholes and we find that they have adequate struc-
tural integrity to assure a reasonable life expectancy. They
have already passed the most severe test, that of backfilling.
8. In this connection, the attention of the Council is invited
k0 Par. 4-C, Page ~C-8 of the specifications governing this
Job, which gives the engineers the'option to retain 'imperfect'
work, provided 'Just and reasonable' deductions in payments
are made, This provision foresees, and provides for, the
situation we now find ourselves in.
9. In view of the above facts, the following course of action
appears reasonable:
a. Direct the contractor to complete work on the manh01es
at once.
b. Direct the contractor to coat the manholes inside with
a substantial layer, of bitumen to prevent acid erosion.
c. When (a) and (b) are accompl, ished, reinspect the man-
holes in all particulars, and accept the contractor's proposal.
d. Pay the contractoronly for the cast iron covers, which
are in accordance with the specifications.
10. It would appear that this course of action would protect
the City's interests in every way, especially so as the normal
contract guarantees would still prevail."
Attachment to Russeil& Axon letter Dated Jan. 30, 1964:
-4-. 2-10-64
,Subject= Concrete 'Manholes
There are 22 concrete manholes now involved in this settle-
ment. The facts are as follows~
Total value of 22 Manholes in Place
based on Contract bid prices $5477.
Cost to city of payment for iron
manhole rings and covers,
22 ~ Ss0. 1100
' 'APParent~ net saving ~'to C'ity ~ ~ $4377.
Note - Barbar~ssa constructed 30 concrete manholes.
Bight have been removed and replaced with brick.~'
Twenty-two are now in place."
FolloWing cOmments,' Mr. Talbot moved- to accept the ~cOmmenda-
tion of Mr. Daniel Neff of Russell & AXon, as s%t forth in his letter
of January 30th, 1964, and that theMayor be authorized to ~xecute
the appropriate change Order, ~he motion being seconded byMr.
Saunders. Upon call 'ofro11, Mr. Croft, Mr, Saunders~-..Mr. Talbot and
MayOr Avery VOted in favor of the motion and Mr, Barrow was opposed.
6.a. Mr. Neff explained that Change Order No. 4 - Barbarossa & Sons,
Inc., provides for repaving the entire area of the original streets
in those sectionsof th~ Citywhere, to meet the immediate needs of
traffic, the hole that the ·contraCtor 'cut across the Street was filled
with rock level to the~Surface~ofthe original Pavement'~tO eliminate
a hole until Such ~imeas the. asphalt ~avement was Placed~~ FUrther,
that the rock-has become packed very hard and theTnlyalternative
to this Change Order would be to dig out the rock and re~lace the
pavement to the proper thickness in the trenches, but what ~will be
accomplished as a result of this Change Order wouldbein~e~est~terest
,~f the City a~d that he feels it is a proper expenditure under the
ChangeO~der No. 4.- Barbarossa-'& .SOns, Inc.,was unanimously
approved on-motion by Mr,~Barrow and .seCo~ded-byMr. C~oft.
6.b. Concerning~Federal-Aid Highway Act of '1962, prOViding for Urban
Transportation' plann~ing~.CitY Cler~ Worthing read a letter from the
Palm Beach county Board Of CoUntY COmmissioners-, dated January 20,
1964, Whichletter appears in full in the minutes of the special
Council meeting.of january 29th, 1964J The CitY Clerk informed the
Council that this program requires the~0ombined'efforts of' the
Counties and municipalities for projects in urban areas of more than
50,000population, further, that a copy of the-propose~d CoUnty-Muni~
cipal Memorandum of Agreement, Providing for the City~ ~artic[pation
~B the joint project, had been furnished each Councilman, and that
City ~ngineerFle~ing and Mr:. O. W.' Woodard% Jr. had attended the
meeting referred to and may have a report to make.
Mr. Woodard reported as follows~ '"This is purely a formality.
At a meetingSpOnsored"~'by thePalmBeaCh County CommtSSio~a short
time ago, which was= attended'byxepreSentatives from all of the
municipalities inPalm B~ach ~county, the~Federal Highway and State
Highway representatives went through this With uS and it simply pro-
vides that Federal Funds will only be'avaflableto areas that' do
participate in a program such as this. In reference to the question
about 1-95~ 'during a'ques~ion and anSwe~ peri~dafter the presentation
was made, I asked these.sta'teand Federal officials SpecifiCally about
1-95. I waswonderingwhether or ~otlthie new~P~ogramWOul~ekpedite
a program such as 1-99. The State and Federal of~icials WOuld not
comment On the question,, 'bUt Lake Lytal~ s%'&ted that a~y~'P=~og~am such
"as this would have-~o be initiated by the State. As you know, the
Federal ~ovefnment has told ue they have 90% of the~. fUnds, available
for this program 'any .time '-that the .State will come through with
the 10%,"
City Engineer Fleming commented as follows: "The requirements
would probably be fulfilled by the City plan that Mr. Simons pre-
pared' for us. There is no fina~cial obligation to the City in pass-
ing this motion as recommended. ".
Mayor Avery 'asked the City Attorney if he knew of any reason
that the Council should not pass said resolution as recommended, and
City Attorne~ Adams said it was written in the resolution that the
au~hority granted' .the County should not enta~-I expense to the muni-
cipalities.
Mr. Talbot moved for the-approval of Resolution No. 14?6,author-
izing and directing the proper City officials to enter into an agree-
ment with Palm Beach County,authorizing t_he County to act in behalf
of and represent the City of' Delray .Beach in the development of a
transportation plan for Palm Beach County. The motion was seconded
by Mr. Saundere and carried unanimously.
6.c. Concerning groin installation at th~ North end of the municipal
limits, City Manager Holland reported that the County had received
requests from six property owners, and that County Engineer ~eorge
Frost had written to him asking- if the City w~uld approve said
stallation if the. County approved it. City.Manager Holland informed
the Council that he-was opposed to said groin installation.
City Engineer- Fleming read the following letter from County
Engineer FroSt to Ritchie & ~Crocker Engineers, Inc. of. Palm Beach,
dated December 18th, 1963, copy of which letter was sent to the City
of Delray Beach: -
"Subject: Request for Groin Constructior% Palm Beach Shore Acres
'. and crestw~od, City .of Delray Be&ch:
This wi1! acknowledge-receipt of your request for permit on
behalf of the Murphy Construction Company for the construction
of groins on the Atlantic Ocean front, as shown on your Drawing
No. M-154, dated 12-8-63.
In order that we may reasonably act ~upon. this l~armit request,
please provide us with the following additional data:
1. A copy of your permit from the mun. icipality in which these
draw~gs Will be. located, as is required by Chapter 24 789,
LaWS of. Florida, Acts of 1947.
2~. Written authorization from the land owners designating
either the Murphy Construction Company or your Engineering
Firm a's their agents for-the purpose of securing a permit fo~'
this work.
By copy of-this letter to the City of Delray Beach, T
transmit one print of the drawing furnished to this office
in order that they may act on this application if a
contact has not been made with them."
City Engineer Fleming reported aa follows~ ~Therefore, the
Council is asked by the County Engineer to act on this app~ication
for 9~oina~. These g~o~ns~ in accordance with this plan, ten in
nmbber, .ex,end out thicty feet from the seawall into the ocean, north
of the City at intervals o~ 100 ~eet apart, from the Ci~:y l~mits whe=e
Delray Beach meets- C..u~£etraam to a point somewhat east of C~estwood
Drive. ~t is a shee~ piling groin with a concrete cap. At ~e
-6- 2-10-64
"meeting referred to on erosion of the beach, I specifically asked
this question of the experts on the:: subject= whether or not this
gte construction might be deleterious 'to ou~ public beach. ~n
· the Army Corps was designated to answer my questign..
as to whether or not the groins would be artifioia11,¥
full." That~ is,sell'or sand. pumped_ into the~.~ ~ fill
up 'fromWerethe northward, the flow being to the south. ~ '~~'":
beach
that they are filled, will they be deleterious to
permit this construction?' and he said that even ass~i that
~re' filled, he would certainly hesitate to say they be
to the Delray public beach below. That was his an
Brun concurred in that a~d he also commented ~ty of
Beach should take some action: rather qu/okly-on I .be, ach
problem before it is too late as it would be less to
rather than wait until the 1'asr minute where
left for the City to do but construct' a vertical se~ . which
/ aemPletely' ruin the beach.""
M~, Barrow moved that the request~.concerning-groins
being seconded by Mr. Talbot and..unanimousl
X. Mayor Avery said he had promised to take positive a~tion in
trying to solve the beach erosion problem, and that the .council had
unofficially authorized him to appoint a Beach Erosion Committee,
charged with the duty of studying the beach erosion problem and makinc~
recommendat~ons'~o council as to what' positive action the City co.uld
'ta~e that 'w~ld 'l~ad"to' t~e eventual--'solving of :'the ibea~h e'r~S~on
problem, ' furt/~er, %ha2 'said Committee IS' as follo~s :~'" C0uncilman
George Talbot, "Jr. as Chairman, City Engineer MarkjF.~eming, Mr.-Her-
bert Moffitt"and Mr. Charles Robertson representing ~he South beach
people, Mr. P~rSifor Frazer and Mr. 'J, D. Tuller repr,eSenting
North beach people and Mr. A. L. Greenwood to represent the center
portion of 'beach"residents.
' Mr. 'Croft' moved'that the Council f°rmaliY appr..ove the appoint-
ment of- Sa~d' cOmmittee&"-~e-mot~ofl bei~lg :gac0nded by -Mr. Saunders.
Upon Call ~ ro11, Mr. Baa:few, Mr. Croft, 'Mr. Saunders, and Mayor
AV%ry'~voted 'in"faVor 6f..th6 motion, end Mr. Talbot abstained from
voting.
6.d. Concerning proposed Change Order No.- 3'-Pews11. 'Brothers, Inc.,
City clerk Worthing informed the Council' that said p=0pos'ed Change
Order provide's for certain -additions. and- deletionS" of~ the Powell
Brothers contract on the Sewage'Works Project, resulting from a .change
in the aligm~ent of the eub-a~lueous and land sections of the Intra-
t~oastal'WaterWay ~rosSing,made necessa-r~ clue"to-.revised right-of-way
easements fo~ seWer line installations. Further, that the revised
alignment had been approved· by the 'State and c0rpe of ~ngineers
authorities, along with Russell .& Axon, Consulting Engineers, and
said Change Order'had ·been determined to result in .a saving in cost
of' said installation Of- $58,00.
Change orde~ No. 3 - Pews11 Brothers, Inc..,-was ,unanimously
grantee on m'otio~ .by Mr.' saunders aha seconded by Mr. Talbot.
6.e~ City Cler~ worthing rea'd the following letter from the Retail
M~rchants ;~ivision of the Chambe~ o.f commerce, signe~d by Vinos Canni~
Jr., Chafrm&~,'·dated February 5th:
"At its meeting ~'~n..Janua=y .31, the Board of Directors of
the '~De'lray Beach;.Ch~amber. o~ Commerces. ~pproved ~he ..fell.owing
~ ~c~o.'.m~enda~.~on~Whi~h~were Submitted· to the _Board by
-' '~e~ail ~'Me='ahan~s D~S~On and are requesting Couno~i~ con-
S-idera~ic~ O~' t~eS~ "~atters' .at' your .earlieSt convenience:
· '1. increas~e~the'~.power of the istreet lights on N.iE.~ Second
Avenue. between Atl&n~ic' 'Avenue ~d N.F~. Fo~r, th.-.Street. -
- -7- 2-~O-6'~'
"2. 'Replacethe wooden poles now located~on the. north
side of Atlantic:Avenue 'between:the Xntracoastal wa. terway.
and A1A~With the aam~type of concrete poles now in use
on th~ remainder cf.'Atlantic Avenue~
3. Have-'all parking meters stenciled *FIRST HOUR
since the decals used last year proved unsatisfactory.-
Your assistance in these important items will be appre?
ciated by all concerned." ~ · -
Concerning items I and 2 of said letter, Mr. Saunders moved
that the City Manager be directed to explore the feasibility of the
lighting request of the Chamber of Commerce and report_to Council at
the next regular meeting~ The motion'was seconded by Mr. Barrow and
carried unanimously.
Concerning item 3 of the Chamber of-Con~erca letter regarding
the stenciling of "FIRST' HOUR FREE" on the parking meters, ..City Man-
ager Holland informed the Council that the decals used last year had
not proved satisfactory, but he had not found a way they could be
stenciled that. would be satisfactory either.
'Mr. VAnce Canning, Jr., Chairman.-of the Retail Merchants Divi-
sion of the Chamber of Commerce, commented on the decals that were
used on the meters last year, ;and suggested that, "FIRST HOUR FREE" be
stenciled Over' the top of-the head of the meter, or. down the post.
~ollowing lengthy discussion concerning the parking: meters and
stenciling thereon,'Mr. Croft moved that City MaDager..Holland and Mr.
Canning discuss 'this matter, arrive at some solution and the City
Manager take the necessary action, to achieve it. The motion was
s~Conded by Mr. Talbot and carried unanimously.
X. Mr. Barrow said he would like for City Manager Holland to study
the parking:situation at the beach, particularly the four hundred
feet from Atlantic Avenue South, with respect to "ONE' HOUR FREE"
parking, as the people employed in that area use the parking spaces
all day long-and 'i~ ks. difficult'for others, to find a place to park.
Mr. Barrow then moved ,that the City Manager be directed to ex-
plore the feasibility of establishing "ONE HOUR FREE" parking, at the
beach for four hundred feet South from Atlantic Avenue, and make re-
commendations concerning same at the next regular Council meeting.
The motion was seconded by Mr. Talbot and carried unanimously.
7.a. City 'Clerk Worthing read the following letter from Mr. Robert
JohnSton, 120.3 Poinsettia Drive', Delray .Beach, dated February 4th=
.."This l~tter is a request lot'-the transfer of the following property into the city limits of Delray.
Said property are lots 7 and 8, Blook A~,~-.Sunny Acres, Palm
Beach C~untyo
The property is presently zoned for single family dwellings
by'county zoning. The reason for entering the. city limits
being to rezone R-3 for duplex buildings. 'The adjacent pro-
perty is in the City. of Delray and zoned R-2."
The'City Clerk informed 'the Council that there were discrepan-
cies of fact An the above letter, and advi, sed .that At is recommended
this request, be referred to the Planning/~oning Board for study and
recommendation, at, which time-,these discrepanc~s of fact wi~l be
noted.
'Mr.. Barrow moved that said request fo= annexa~lbn be referred
to the Planning/Zoning Board as ~ecommended, the motion being sec-
onded by Mr. Croft and unanimously carried.
-8- 2-10-64
7.b. Concerning a request for abandonment of a portion :of S. W. 10th
Street right-ofaway, City Clerk-Worthing informed the Council as
follows~ "On May 7, 1956,'the'City accepted a deed for the South 60
feet of Lot 20 in Subdivision of Section 20~46-43, and the South 60
feet of the West half of Lot 28 in the Subdivision of Section 20-46-
43, the South line of said'60.foot strip being-'the eenterline of S. w.
10th Street, and by virtue of its deed to the City, provided:for a
future possible 120 foot right-of-way.
However, in June of'1959, the City approved and accepted the
plat of DE~RAY BEACH HEIC~HTS EXTENSION,- SECTION "A" and. said plat
absorbed the North 10 feet of that 60 foot dedicated right-of~way,
which obviously results in a cloud on the. title of all .lots in said
subdivision fronting'on S. W. 10th Street, due to the South 10 feet of
each lot actually being in the previously dedicated right-of~way..
Subject to COunCil determining that an eventual 100 foot right-
of-way in this immediate area will be adequate and sufficient, it is
recommended that the request of Mr. K. E. Anderson for the abandonment
of the South 10 feet of Lots l, 2 and 3, Block 2, Delray Beach Heights
Estension, be granted,_together with authority for execution of a Quit
Claim'Deed reflecting such abandonment."
Mayor Avery asked City Attorney Adams i'f he had any comments
concerning said requested abandonment, to which the City Attorney
said it seemed to be a policy matter as to whether the City Council
intended to approve a 100 foot right-of-way instead o£ 120 feet.
Mayor Avery asked if a 100 foot right-of-way existed elsewhere
on S. W. 10th Street, and City Clerk Worthing informed him. that it
was considerably less in places, but'at the time the City of Delray
Beach had obtained Block 50 in Delray Beach in exchange withGeorge
Hoskins for a 20 acre tract of land in Section 20-46-43, eaid right-of-
way deed had been executed, further, that very little of S. W. 10th
Street is more than 33 feet in width at the present time.
Mr'. Talbot-moVed'that this matter be referred to the Planning
Board for recommendation, the motion being seconded by'Mr, Barrow'and
unanimously carried.
7.c. It was reported that the following notice of intent to sell -
Tract One of the Country Club, dated February .6, 1964 and signed by
warren G~ Grimes, President of The Grimes Foundation,. had been filed
with the City:
,,By Deed.of the'City of Delray Beach to The-Grimes Foundation
dated March 21, 1958 for the municipal golf course, recorded
among the Public Records of Palm'.Beach County, Florida, at
Official ReCord Book 180, page 582, the City was giventhe
right of first refusal as to Tract One, viz. the 138.27-acres
comprieihg~the original 18-hol~-course, as fo}~ows=
(c) In the event The Grimes Foundation decides to sell
Tract No. I at any time prior to-the expira2ion.of Fifty (50)
Years from the. date of said deed, the Cityof Delray-Beach,
Florida shall have the right of the first refusal to repurchase
Tract No. I on terms.the, same as'those of any~-bona fi~e accept-
able offer to purchase said TraCt No. I from The._Grimes Found-
ation, its successors and assigns.
(fl) In the~event that The Grimes Foundation decides
to sell 'TraC~'NO.& 1, ir'shall give the City of Delray Beach
not$~e in writ~g-of the intended.~ale, and terms thereof.,
an~the City shall h&v~ .Thirty.'(~)' d~Ys from receipt of such
writte~ n0tice.'to~ decide whether'it desiree ~o ex~rcise its
right of first refusal~ to purchase, and the City shall have -
a Period of' One (1) Year thereafter t~ =on~uct necessary pro-
cedU=e' for' the operati-og, f~na~cing TS ~be-:~urchase~ and clos-
-9- 2-10-64
"In.....the event.that The Gr.~mes ~oundation decides.to sell.
T.ract No..1 and it has been notified by.the City of.Deiray
-- Beach. of its decie'~.on not to re-p~r.ch~ss~ or 'after ~e'
_. ~rty... (30) Day noti~ given to ma~ a .dec~sion .~n:the. .
right of first refusal has e~irea, nothing contained in
~e fore~ng provis~on shall prevent ~e Grimes Fo~dation
from selling ~a~ No. I s~Ject to the res~ctions con-
ta~e~ in ~ragraphs (a), (b) a,d (c) ~ove~ .
No~ice is hereby given ~a~ ~e Grimes ~ovnda~i~ has agreed
to sell sa~d ~act ~e w~th ~mpr~ements to R. W. MODo~11
of Fo=t ~uderdale, Florida, for ~e price of $300,000.00,
s~jec~ ~o.the~Cit~'s right of first refusal.
The te~s of purchase a~ $35,000. by dens,t, $45,000. Cash
.. at closing,, an~ a $220,000.00 purchase m~ey mortgage and/or
· .' ass~tion of ~isting' ~rtgage pebble in seven e~al a~ual
insta!lments w~ ~nte=est at S~ ~r ann~ beg~ng April' 1,
1964, f~rst principal pa~ent being due April 1, 1965,
~e City has a perio~ of 30 ~a~ ~ ~h ~ sicily its
intention to =lght of f~=et refu~.$,' ~t ~S., until ~rch 6,
.1964.
Hoover, shoul~ ~e C~ty not Wish _to exercise its option, it
~uld facili~ate ulos~ng of ~e sale if the C~ty ~ission
could pass a ~solut~on waiving ~ts sa~d right.
~ank you very much.."'
~r Avery saia there are three courses of action the Council
may ~ e~er express ~e ~ntent to exercise ~e option, express
=he intent not to .e~e~ise ~e option, or table the matter until a
future date.
~. ~oft.~ved ~at this ~tem be tabled ~t~l the next regular
Co~1 meeting, t~ ~eks fr~ tonlght, for f~er study, the motion
being seconded by ~. Talbot and ~animously carried.
At~o~ey Clinton Scott, representing ~. R. W. McDo~11 of Fort
Lauderaale, the prospective p~uhaser of Tract One of ~e Co,try
Cl,,reported to ~unc~l ~at ~e newspa~r re~rt saying ~. Mc-
~owell ~s part of a s~dicate from ~cago ~s erroneous, ~at he
~s dealing for himself and is ~e o~er of · golf cou=se ~n St. ~uis.
Attorney Scott c~ente~ fur~er on past bus,ness e~erience of ~.
McDowell and pla~s of res~denuy, and ~at ~. Mc~11 has e~resSed
the intention of operating the Club as Delray~s second tourist at-
traction, second only to ~e beach, and that he contempla~s a nu~er
of improve~nts that ~uld better the course play and other facil-
~ties for the me,ers, ~f he p~chases said Country C~.
Mayor Avery s~ated.it was not ~e province of the City Co,oil
to approve~ d~sapprove or d~ctate to ~. Or~mes ~o the Country Club
is ~old to, but only to exercise the option to re-pUrcha~ ~he pro-
~rty if ~e City so desires.
.~-~ Mayor Avery then ~anked Attorney Scott for his intreat in
informing the Council and the p~lic co~cerning ~e proposed purchaser
of the Country C1~.
8.a. Concerning seoond and final .reading of Ordinance No. G-524, pro-
vidin~ for a~nding se~ack lines on a portion of West Atlantic Avenue.-
City Clerk Wo=~ing re, fred ~at i~ ha~ been re~este~ that Council
defer action on said ~dinance,that a p~lic hearing and ~s~ible con-
siaeration by the Planning Board 0~:the Ordinance mi~t be provided.
City Clerk Worth~ng info,ed the Co,oil that the-~Xa~ing Board
had not held ~meeting .~since said Ordinance No. ~52~ ~s .placed on
first reading and ~ey ~uld like the opportunity t0 .study said ordi-
-10- 2-10-64
nance and convey 'their thinking in th~ matter to the Council.
Mr. Saunders moved tO authorize that Ordinance No. G-524 be
br~9~ up for public hearing and second reading on Monday,
9. g~ty Clerk Worthing read ~e following re. ri from Cit~ ~torney
Ad~ dated February' 7, i964:
'"Re: Ma'~n~enan~ of F~nger Canals
~is letter is res~ns~ve to your request that I rende~
~nterim report on the C~ty~s l~gal respons~b~lity for
~aintenance of finger canals.
To refre~ yo~ memory ~n this matter, the problem ~s ~o~ght
to ~e attention of ~e ~unciI bY a request from a resident
· ~f 911 Bolender Street (Tropic I~le) ~at the City tak9 ~~
appropriate steps to alleviate the ~m~ssib~I~ty of
h~s property by
~e City Manager'was then ins~ucted ~o ~nvestigate ~e pro-
blem, and following h~s study togethar wi~ the C~ty Engineer,
I ~ote a letter to the ~unc~l on May 9, 1963, explaining
~ree aite~at~ve corrective procedures for ~e area i~ general.
A lette~ ~as ~en'reCe~ved from ~e Tropic' Isle Civic Assoc-
~at~'o~ ~o"~e effect that ~he reSideht who filed the original
req~es~ had a specific and ~ndividual problem Which .sh°uld
be handled separate and apart from the general 'problem.
As a result of -~e 'Ass~C~a~on*s letter, a ~co~ttee was
ap~inted, by-'~e ~c~1 consisting of ~e C~ty ~nager,
City Clerk, foyer Co~c~l~n Woodard,- ~. James Sche~fIey
~,' Henry: ~Owley. I attended ~ co~ittee ~et~ngs in the
capacity of legal adviser to ~ai~an-H~lland. ~e-' co. tree
decided ~at' ~e first~ step.~shOuld be to contact the- E~cUtive
Secretary and ~gal Counsel for the Florida League .o~ M~ici-
palities. I ~ote each of ~ese g~tlemen re~esting
ation as '~to '~at me.ods o~er c~ties have resorted'to ~n
solving' ~e problem,~' Copies of ~ replies which I ~Ceived
~re for~rded ~ '~e co~tt~e me. ers, and are attached
this le~t~r for your info~at~0~'.
I at~&nded'a s'em~nar'~n Tampa on this ~ject on OU~b~r 28,
1963, and ~Ough I have ~ported t~ ~e ~ndiv~duals on
c~mittee] I-have n~Ver s~tted a ~tten re~rt to e~ther
~e c~ttee or ~e CgunC~l. A great n~ber o~ ~e city
at~orne~ ~hout' ~he s~ate '~ :present 'a't the d~suussion,
~Uh ~.~ mod%~A~ed by ~e att~r, ey for the City. of Ft. Lauder-
da~e~ ~d.~a~~y ~ city h "F~Or~da has ~der~ake. the
respo~X~y for'dredging or dee~ning finger Canals. It can
be ~feiY'~d ~'th~t eve~ ~ough a 'city apprSves a Plat de-
fuse. tO ~~d~d~cation, and can refuse ~o expend f~ds
for dredg~ ~ In .~e event ~e Council should decide
under~ak~, ~'-~ns~$1$ty St will be a pioneer ve~ture
' ~e right ,~'~e~:~p~ic ~f.~ds for ~e mai.te-ance Of ~ese
canals, but i~"~e~t, th~- ~u'acil ~Ould wi.sh to,Partially
f~nan~' ~he-~:~-',~ai assesiment~, x am of',the opinion
~'at"o~r'~harte~ ehoUld be~ a~fided to e~ressly ProVed· for
'such"~th'~=~ty Se'is: ~e c'ase in ~nst~cting ,drai'nage~and
street i~rove~ts ~ ....
.The-next step is seemingly a policy decision, and perhaps
you. may;wish to obtain a~..~p-to~date report from.~the committee.
before t~king action. You may al~o. wish to.again contact the
property owner at 911~.Bolender reggrding hie.problem which
seems to be different, from the general Tropic. Isle.area and
other areas of.the City which might be affected."
Mr. Barrow move~ that an up-to-date report be made to the
Council at their next regular meeting by the Committee appointed to
study the maiutenance of finger..canals. The motion was seconded by
Mr. Talbot and carried unanimously.
10.x. 1. C~tyManager Holland' informed the' council that Mr. Gilbert
Clifford, who had designed the bridges over the C-15 Canal, desires
part payment on the work that he has completed, and has. presented a
bill in the a~ount of $3,643.62. The City Manager said he was in
agreement w~th the City Engineer in advancing Mr. Clifford $2,000.00
which.represents 55% of the Contract, further, the contract is so
worded that the. City cannot pay M~. Clifford until the job is com-
pleted. It was explained that the money for this job was provided
by the Central and South Florida Flood Control District and is being
held in ~scrow by the City.
Mr. Croft moved that $2,000.00 be advanced to Mr. Gilbert
Clifford toward the engineering fee for the C-15 Canal bridges. The
motion was seconded by Mr. Talbot and unanimously.carried.
10..x. 2. City Manager HOlland informed the Cguncil that there was
a considerable amount of sur'fboarding at the beach, and as he felt
this activitywas hazardous to other people using.the public beach, is
considering restricting the surfboarding to a certain area. Further,
that since he felt there would be complaints he wanted the Council to
be aware of his plans and to know whether or not they had any objec-
tions ~o this change of policy.
Mayor_Avery said the Chair would entertain a motion authorizing
the policy that the City Manager be allowed to restric~ the beach for
specific recreational purposes, specifically surfboards, it being so
moved by Mr. Barrow. The motion was seconded bY M~. Saunders and
carried unanimously.
10.x.3. City Manager Holland informed the Coun=~! that the Delray
Beach Radio Club, headed by Mr. Charles Patillo, ha~ become too large
an organization to continue in the office provided b~ the City at the
Poli.ce Building, and had obtained permissi~ to use a building owned
by Mr. LeRoy Croft. The City Manager said this Radio Club was an
asset,as far as the City is concerned, with .their short wave activity
in the Civil Defense setup or in case of any disaster, further, that
the Club is desirous of the City furnishing the water and electricity
for their operation.
Following discussion, Mr. Talbot moved for approval of payment
of the water and light bills for the Radio Club for Civil Defense
purposes, the motion being seconded, by Mr. Seunders and. unanimously
carried.
10.x.4 City Manager Holland referred to the following letter from
RuSsell & Axon Consulting Engineers, signed by Mr. Prank T. Osteen,
Jr., and dated February 4, 1964~.
"Sub~e~t= Revision of engineering supervision contract.
We believe it to be to the best interest of the City of
Delra~ Beach to increase ~he amount of resident inspection
of the Sewage Works ProjeCt. We 'also believe that it w~ll
be .necessary to provide personnel with qualifications higher
than anticipated initially. This will, of coUrSe, entail
additional costs to our firmwhich we had not anticipated
-12- 2-10-64
2~1
under the existing'resident sup~rvieion contract. There-
fore, we are respectfully, requesting'that the terms of
payment for our .basic engineering contract as modified-~
Supplementary Agreement No. 2 be revisedregarding
to the engineers~ 'It"~e requested that-the terms
ment be on the basis of the Florida Engineering Socte~9~
Schedule of Basic Minimum Engineering Fees-1955, paragrgph
5.3.
We are sure that approval of this request will result
superior supervision on the present project and, in th~
long run, will represent a savings to the City of Delrg~
Mr. Aver~ informed the Council that it was proper to f~lly
app~¥e the appointment of Hr. Daniel Neff as the Resident
~ Following discussion, Hr. Barrow moved that Hr. Daniel~ be
apprcved as Resident Engineer for Russell & Axon on the sewe~'~pr°ject,
and also that the letter from RUssell & Axon of February 4th concern-
ing same be approved. The motion was seconded by Hr. Talbot and
carried unanimously.
10.x. 5. City Manager Holland informed the Council tha~ City Attorney
Adams said it was proper for the council to instruct the City Attorney
to prepare'a Resolution approving the Russell & Axon letter of Feb-
ruary 4th that had Just been COnsidered by the Council, it being so
moved by Hr. Barrow. The motion was~seconded by Hr. Talbot and
carried unanimously.
10.x. 6. Mayor Avery informed the Council the% it had been suggested
that Councilman LeRoy Croft be appointed as Delray Beach Council
Committeeman to the Tri-CountyGovernmental League, as the previous
local representative to said league was former Councilman Woodard, it
being so moved by Hr. Barrow. The motion was'secondedbyMr~ Talbot
and carried'unanimously ....
10.x. 7. Mayor Avery reminded the Council they had approved the
Mayor as Civil Defense Director, further, that this was one of the
duties the C£ty Manager'had designated for ~he new employee he'hired,
and that Mr. Oliver W. Woodard~ Jr. had consented to take over those
duties as part of hie new position.
Hr. Saunders moved that Hr. Oliver W; Woodard, Jr. be appointed
as DireCtor of Civil Defense for the City_ 9f De'lray Beachj the motion
being seconded bY Hr. Croft and u~animously carried.
10.a. City Clerk Worthing presented the following bills for approval:
General Fund $ 123,838.48
'Water Fund - Operating Fund 3,740.65
Special Trust Account -FirSt'National Bank 172,388.50
Special Trust Account -D. B. National Bank 15,398.42
Mr; Talbot questioned there being-n°'detailed information fur-
nished concerning payment tO sewer contractors, and Finance Director
Weber explained that all the bills were not in as of this date but
there would be such detail with the next Bills for.Approval.
It was expl&ined't6 Council that before any 'of the sewer con-
tractors'bills were paid, they were approved bY the Resident E~gineer,
City Engineer, City Manager a~d F£nanCe Director~
Mr, saunders queStioned' the bill from the Delray Beach Travel
Service,. and CStyManager HOlland expiained that the City is only
vancing the mo~ey'for'~sa~d'bil'l.and that the City will'be reimbursed
for same by 'th~ Fiscal Agents'.
,242
Upon call o£ .roll eoncernLng ~ ~eyment of bills, ~tr. B.~row,
~. C~o~t, ~, ~defe and ~.~ Ta~'~ ~ favor of
and ~ A~ry ~e op~eed. ~r A~ ~lified h~e ~te
there ~s a bill fr~ a c~ny w~ ~h ~.~s .associated.
~e meeting adjou~ed at 9~45 P.M., by order of ~r AVery.
· ~.~. D. WORTHZNG .
City Clerk
APPROVED:
-14- 2-10-64'