03-30-64SpMtg MARCH 30, 1964
A special meeting of the City Council of Delray Beach.. wp.e. held
i~ She council Chambers at 8:00 P.M., Monday, March $0th, 19641 with
N.a~9~ Al. C. Avery in the Chair, City Manager Robert J. Holl~,
~¥ Attorney John Ross Adams, and Councilmen Emery J. Bar=oW~ J,
~. Croft, Week Lo Sau~ders, and ~eorge Talbot, Jr., bei"~ ~esent.
Mayor Avery called the meeting to order an~ announced tibet same
ha~ been called for the purpose of cons~dering the request fo= pos-
s~b%.~ development of a portion of the Yacht Basin immediatel~orth
o~?~euarina Road and east of the waterway, any othe~ bus-
i,~ which may come before the meeting, and for .
An opening prayer was delivered by City Clerk Worthing.
Mayor Avery sa~d that Dr. Robert Reborn had asked that iS be
anB~ced that this coming Sunday, April 5th, the third dose o~ Sabin
Oral Vaccine would be given between the hours of 12 noon to 5..00 P.M.
at the same locations the other two doses had been g~ven, and asked
that everyone keep this date in mind.
Mayor Avery announced that the subject to be discussed tonight
is a very important one and rather controversial and in the interest
of taking care of this ~tem as quickly as possible,aske~ that the
Councilmen and the public not be repetitious ~n their remarks end
comments.
Mayor Avery asked Attorney John Moore, representing Mr. Frank
DeRice, if he wished to make any presentation to the Council at this
time concerning development of said Yacht Basin.
Attorney John Moore commented as follows.. "There have been
two rather important changes in this matter since ~t was lest pre-
sented to the Zoning Board, whiCh made a unanimous recommendation,
which ! th~k at this time would be well to have read."
City Clerk Worthing read the following Planning ~oard report,
dated March 11th, 1964t
"Re: Request by Attorney John Moore to
abandon the CasuarLna Road R/W west
of the northerly projection of the
w~st boundary line of Seasage Drive.
After discussion, on a motion by Mr. Sinks, seconded by
Mr. Kabler, subject to the approval of the City Attorney,
we recommend' to the City Council that the City abandon the
Casuarina Road R/W adjacent to Lot X, providing the owner
Mr. De ~ice w~11 deed, simultaneously to the City, all of
Blooke 136 and 144, Less, ~erce! A to be filled by Mr. De
Rice, the area to be filled, not to exceed 200~ by 450~ as
submitted in Exhibit B, w~th a curved radius of 2~0~ on the
N.E. eor~er, for the benefit of Lots 7 and 8, Block K, John
B. Rei~s ~illege.
On roll call the Board voted una/limously."
Attorney Moore COnt~ed as follows~ "~entlemen, under the
present proposal, Mr. DeRl'~'sti11 proposes to deed to the City of
Delray Beach that which he proposed to do before. That ia, to deed
to the City more than 223,000 square feet of .l~roperty. FOr that he
wishes the abandonment of Casuarine Road which is under water, and
for the City of DeIray Beach to help him~ with the C .~g~s of Engineers,
.~bandon as a spoil area that portion of the South ha~ of Blocks 136
&Rd 144 which Will only be. 50 feet north of the north boundary line
,Pr existing Cas~arina Road. That still will leave 130 feet between
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"the property to be filled and Col. Balliet's property, In other
words, if this ia filled,it would only affect' Lot 8, which is owned
by Col. Balliat, not Lot 7, not Lots 6, $ and 4 owned by Mr. Bredin,
whois represented by Mr. Whitley. Col."Balliet's lot is 100 feet,
so this would go up half way through Col. Bslliet's lot, but never-
theless, maintaining 150 feet between the fill and Col. Bmlliet's
lot for a distance of 50. feet. The other .half of Col. Balliet's lot
wouldn't be affected, and none of the other property at a11. Also,
may I say that Mr. DeRice will abandon all that he agreed to abandon
before, taking it up north of the originally pro~osed 200 feet,but
also taking into effect an abandonment northeast of the 200 foot
radius on the northeast part of the south half of the two blocks."
Mr. Talbot said it was not his understanding that this meeting
was to consider a new proposal, but only to act on the recommendation
of the Planning Board on this matter.
Mr. Avery reminded the Council that' this meeting had been call-
ed for the purpose of considering the request for possible develop
· ment of a portion of said Yacht Basin, and he felt all facets of .any
important issue should be considered.
Attorney Rhea Whitley addressed the Council as follows~ "I am
Rhea Whitley of Delray Beach,rePresenting Mr. John Bruce Bredin.
Gentlemen, this subject and various proposals and revised proposals
have kicked around now for over a year, during which time probably
many people have become confused as to the issues Involved. I am
not sure but what I am one of those. I wili give a quick run-down
of the background of this. In 1947, John B. Reid platted John B.
Reid' s ~Village. Subsequently, there were certain corporations that same
into the picture, but for practical purposes,they were all John B.
Reid,~ and in order to clarify, I will just refer to John B. Reid in-
stead of various corporations. In that plat, Block K, consisting of
Lots ~1 to 8, is' adjacent to the east side of the basin, south of
Atlantic Avenue, and ! think we are all familiar with the location
of what I am talking about. During the period of the early 1950's,
Mr. John B. Reid COnveyed out all of those lots in Block K, which
are adjacent to the east boundary of that basin. All of those lots
were conveyed out to purchasers who bought those properties in good
faith, thinking they had waterfront property, and those deeds all
carried riparian rights from John B. Reid. Riparian right means
that each property owner had the right out to the ~hannel between the
north and south boundaries of their respective properties. Subse-
quently,the purchasers have improved those properties with various
types of buildings, mostly apartment' houses. Mr. Bredin, who pur-
chased Lots 4, 5 and 6 many years ago, built a very.nice and expensive
apartment building known as Tahiti Cove. others have done l£kewise.
During 'that time, they have paid taxes as waterfront owners and pro-
party owners, and aside from that aspect of it, the basin as a whole,
in my opinion, and if anyone disagrees I would like to know oh what
basis, is a public asset-an asset to this town. A great many people
see this town from the canal. They also can have access to that from
the land side. In my mind, it is comparable to a park, a park area
that is valuable to this City. From the v%ry beginning, Florida In-
land Navigation District, and I will r6fer to them as F.I.N.D., had
a spoil d~sposal easement on the so~t~!ihal£ of ']~locks 136 and 144.
Again, that is the South several hundred feet of this basin immediate-
IY north of, Lot X in Seagate and immediately north of the right-of-
way of Caauarina Road. The property owners acquiring those properties
knew about this spoil disposal easement. They also knew the policy
of F.I.N~D,, which 'is not to fill up an area of that kind except as
a last resort, and ! know of no instances in this area where they
have considered it a last resort. : They always seek other outlets for
spoil and they try, and are Just as' much interested in preserving
that type of an asset, because it makes their waterway more attrac-
tive, more valuable and more useable~ That easement has been there
since before the time John~ B..R~id's Vi. liege, wes platted. The pro-
party owners knew that, but they were not concerned about it because
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"in the last analysis, certainly F.I.N.D. would not use that unless
the City had refused to give them some other outlet for their spoil
whe~ they had to use it.
" In July, 1962, Mr. John B. Reid sold the south half 9f ~locks
l~ ,,d 144 to Mr. Frank DeRice. ~e sold him, by.~uit claim ~ed,
whig~means whatever I have there I will sell it to you, for $%;000.
.CO~dering the fact that the area comprises probably 20 ac~e~ Or
mprp{ that gives you a rough idea of how good Mr. John B. Hei~ thought
s~m~eed,-this is a matter of information,-Mr. Reid deeded ~ Mr.
De~ig%'the right-of-way of Casuarina Road, which is a dedicate~ right-
Of~W~~.:, ~,~' .That would be comparable,, i might say, to. deeding'h~' Part..~
of'~antic Avenue,as far as him havingany right to do th~t,'o~ as
fa~99 Mr.,DeRice having any right to exercise any dominion'0VeN the
right,of-way, but that was included in the deed. This que~tign came
up'~a~t a year ago and at that time, it was discussed, and acommittee
was'~ppointed to make recommendations. A~ thts time,M~. DeR!~e Wanted
s:~.,'.~ntially, the same thing.' He"~anted:the Cityto cooper~.~."With
h~6 fill part of that basin; the submerged part of it, ~h~t~tle
to which he had obtained from Mr. Reid in the deed I just referred to.
At that time,the City Council of Delray Beach adopted this resolution.
This iS Resolution No. 1443 of. the City of Delray Beach, adopted March
11, 1963.(Mr. Whitley read Resolution No. 1443, urging the F.I.N.D.
to not deposit the spoil on the public beach.) A copy of that reso-
lution was furnished to the District Manager, the Local Manager of
F.I.N.D. and'he replied that they would acquiesce in the City's re-
quest and not put any fill in those submerged lands. As I understand
it, Mr. DeRics wants the City to cooperate with him, and bear in mind,
in my opinion, he can't do anything he proposes to do there unless
the City cooperates. It is not a case of the City saying 'go ahead.
We won't object'.. The City is going to actually have to cooperate
for him to accomplish his purpose. No. 1. He wants the City to
abandon the right-of-way of Casuarina along the south edge of that
basin. No. 2. He Wants the spoil from dredging operations. Instead
of putting it up on the beach whsre it is very much needed, he wants
it used to fill this area which has been designated different sizes
and shapes, but anyway, he proposes stil! that some of it be filled.
No, 3. He 'wants the City to cooperate, and it cannot be accomplished
otherwise, neither could No% 2 without the spoil, to cooperate with
him and have F.I.N.D. release this permanent spoil area which they
have, and which the City could get released by fur.nishing a substitute
if they wanted to. As far as the Zoning Board report is concerned,
it doesn't g~ into these things about whether the City should or
should not do-these three things to cooperate in having part of that
basin filled. I have heard that if the City didn't cooperate, there
was danger of the whole thing being filled. I' personally don't think
anybody could afford to haul fill in unless they can get it from this
dredging operation, I think the basin will remain as is until the
dredge comes through again on a widening operation twenty years from
now. The Zoning Board report didn't go into these angles, and inci--
dentally, in that connection, and I think everybody knows I have been
interested in this for over a year, I would like to know if notices
went out to anyone concerning this Zoning Board meeting or the purpose
of it. Did the property owners have an opportunity to be heard? I
know that I received no notice, and I thought it was a policy that on
any hearing affecting propprty rights and property ownership that
notices did go out. (City Clerk Worthing informed the Council that
notices did not go out to property owners concerning said Planning
Board meeting.). One other point I want to make is this, which re-
flects the attitude, at least of prio~ Councils regarding these
basins and the value o£them. T~e first basin-north 6f Atl~ntic, with
Basin'Drive oh'the south, Seabreeze Avenue. on the east and Vista Del
Mar on thelnorth, that basin is-much sma!let than the basin we are re-
ferring to. In 1960, Fi~'.N..D.'did~'t just onl~ bays a spoil easement
there, they owned.the title, andes good title'~to the under-
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lying submerged land,, and they decided that they didn't need that
for spoil 'purposes and they were going to put it on the market and
sell it.. It consisted of something like six acres or a little more.
They had At appraised and put a price of $6,000.00 on that land.
They were talked to by. representatives of various interests and they
said that under their method Of operation and their responsibilities,
they couldn't give it t° the City.. It was an asset they owned and
they had to dispose of it for a cOnsideration, and to whoever would
pay the price they had on it. After that had been considered, over
a period of a number of weeks, and. afterhearings with the F.I.N.D.
Board itself, the City Council, rather than have some adverse in-
terest, or some'misuse made ofthatbasin, by reason of it. being sold
to someone who m~ght want to develop it, bought that property for
$6,000.00 and they own it. They own the title. The deed from F.I,N.D.
to the City recites definitely that ~t can never be filled. It
would have to be retained forever as a public asset and a recreation
area for the public and for the benefit of the public. ! think we
have the same problem here as far as the basin is concerned. I leave
you with thiaone question, should the City Council of Delray Beach
cooperate with a private interest and a private promoter in an action
which would, in effect, if not completely, destroy, certainly detract
from the value of what is now a public asset? No. 2. Can this Coun-
cil, or should it, cooperate for the same purpose in using spoil, or
designating spoil which is badly-needed on the Beach, designating or
permitting such spoil to be used to fill Private lands? Thank you."
Mr. John Thayer, speaking as Secretary of the Beach Taxpayers
League, addressed the Council as follows= "I am reading my few
marks instead of speaking t° you without .script since I want to be
sure to cover the subject to the best of my ability. I have given
the s~bject of Mr. DeRicems project a great deal of thought. I have
talked to many about it. I am reading to you as Secretary of the
Beach Taxpayers League. This City, to date, has beengrowing well
and soundly, and has remained a rather uniqUe Florida community. No
effort hasbeen made by this Council to have the City become some-
thing radically different than it has been. The City Council has
made many improvements toward the City's development. It has worked
to retain the general and rather different character of Delray Beach.
Firstof a11, I would like to point out that the property owners who
live across the Inland waterway are neither stuffy or demanding.
Like you, ~hey want what is. best for the City. as a whole. It is true
that almost one third of the City Real Estate taxes are paid by those
who own property East of the Canal.- Many thousands of people from
the North spend their winter holidays there, bringing high additional
income to the merchants and other businessmen and women all over the
City. It is true that many of our Delray Beach winter residents are
not voters.. A great many of them would like to be, however, for
economic reasons it is advisable for them to vote in their northern
location. ,Despite this fact these people are taxpayers and big ones,
and they help our City enormouslM and, of course, should be consider-
ed. To build some land on the weBtern side of a yacht basin of the
Inland Waterway would be objectionable to many. Would obstruct view
of existing-properties now on the waterway. Further, it might well
lead to the fil. ling partially or in toro of other spots along the
canal.'-If this shoul~ happen, Delray BeaCh cou~ eventually become
very much like some other winter resorts. Delr~y is different, and
is famous for its difference. ! will certainly concede that our
Planning Board usually recommends sound programs, but after the pro-
perty owners in various areas have been. heard at a public hea~ing.
Please correct me if X am wrong in stating that the property owners
in the affected area were not asked to atSend any public hearing on
the subject of Mr. DeRice's application. The cOntemplated step is
one which might affect, not only P~operty °w~ers on the East side of
the canal at that particular locati~n, but might lead to requests in
other areas along the waterway which W~uld also have to be given con-
sideration. Delray Beach has been growing soundly and w~11. There
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315
"is nohurry about this City becoming just like other places when it
is doing so well as it is today. Therefore~ I ask you, as Secretary
of the Beach Taxpayers League, to refrain from permitting this basin
filling project at this time. ws do not believe that it is t~ the
best interests of the City to take steps which may change its chara-
c~9F ~t this time. As the City continues to grow, some Co~n~ may
de~9 it is advisable to change the character of this City, but that
ti~e has not come. It is doing beautifully and we ask you to continue
~9 sound program that you have been following. Please leave ~he
I~9~ Waterway as it is and conti,us to examine any proje=tW~ich
w~possibly cha,ge the unique and extremelypopular character of
t~ fine community. We respectfully urge that our natural resources
n~t be exploited."
Col. Dugal G. Campbell of 415 Andrews Avenue said he W~pted to
g9 ~ record as a Councilman of four years ago as-to why th~'i~rth
Y~ Basin was considered of value to the City asa whole. Mr.
ca~Pbell said that yacht basin had been offered to Mr. Whitl~y and
h~9 neighbors, who in turn gave the City the first choice of ~rchase,
w~he understanding that the City would purchase same an~ ~old it
f6r~e~e City as a whole, believing it would be a beautiful ~p~t in
the same category as this basin South of the AtlanticAvenue bridge.
Further, the City paid $6,000.00 for that Yacht Basin and felt it
was money well spent. Mr. Campbell informed the Council that he
lieved the Inland waterway, its appearance and the yacht basins were
a great asset to the City.
Mr. Frits Woehle, formerly of Delray Beach, presently of
Birmingham, Alabama, informed the Council that he was representing
the owners of Lot 7, Block K, John B. Reid~s Village~ further, that
the lot had originally, been sold to Mrs. Barber of Birmingham, Ala-
bama, and read from the deed as follows~ "Ali of that_certain parcel .
of land contiguous to and lying west of the west boundary of Lot 7,
Block K, John B. Reid's Village, Delray Beach, Florida according to
the plat thereof recorded in Plat Book 21, Page 95 of ~alm Beach
County, Florida, together with riparian rights." Mr. Woshle said
this was in addition to said Lot ?, and commented further as follows=
"~hat this would ~ndi~ate to me is that if the City would desire to
give away the r.ightTof~way of Casuarina,-they would hav~ to split
that down the middle and give. half of that right-of-way to the Cove
Apartments, because I believe that this deed ~ould read that if this
land were filled, the~ both of those lots would own this property that
is in the basin. I think it might take some legal work to clear that
up, but that is the purpose it was put in the deed, and as far as
am concerned, both LOt ? and Lot 8 are very anxious to keep things as
they are, but if the land were filled in, I believe both of them
would want to share in owning that land, not the land adjacent to
Casuarina."
Col. K. E. Balliet, owner of Lot 8, on which the Cove Apartments
are located,.informed the Council that he .was against the filling of
said submerged land, a~d urged them to reject the findings of the
Planning/zoning Board. Further~ ~f Casuarina right-of-way was aban,
doned, the City should receive title to the two blocks of submerged
land, and a se&wa11~ to retain that strip ~f land north of Lot
X should be extended to his corner seawall, also, that the submerged.'
land-shoul~ be retathe~ by the City as a Yacht Basin.
Mr. Ross Tenny, representingMrs. N. M. Ankeny, owner of LOt 1,
Block 14, Seagate "A", objected to the abandonment of Casuarina-Road.
Mr. Mario De V~t~lis, 1016 ~asuarina Road, Waterview Apartments,
also objected to the abandonment of Casuarina Road and the filling of
the submerged land~
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Attorney John' Moore commented as follows= "Mr. Idayor,~ there
has b~en a great deal' said here tonight about this property being
considered as & public recreation area. That is" very false in its
premise. This is' personally-owned property. The property is owned
by Mr. Frank DeRice and the only other person or persons who. may
have any right to that property would be the owners of Lot 8 under
the present proposal. Due to what may. or may not be'any riparian
rights, and Mr. Whitley said the riparian rights were the rights of
the owner to have direct access to the chan~el, which is true, but
whether these riParianrights exist or do not exist is a legal matter
and can only be decided' by a court,'that is No. 1. The second POint
is that heretofore we have been working on the premise that the City
of Delray Beach has no choice of fill. That was purely optional with
the Norfolk Dredging Company as to whether they put fill on the beach,
and ~hey would not'put fill on the beach unless they took the entire
northern end of'the existing reach, so there is going to be no fill
put on the beach whether this goes~'thrOugh or does not go. May I say,
for a third point, that it is a very easy matter for people who live
in that area to get up and object to something of this nature. Yet
on the other hand, Mr. DeRice has offered to give to the City of
DelrayBeach in perpetuity approximately five or six acres of land,
over 224,000 square feet, and for that he only wishes an abandonment
of 25 feet plus the ability to fill an additional 50 feet, with the
help of the City,' and for that help he is willing to give the property
to the City to be maintained as open water, that which has been
scribed heretofore."
Attorney Rhea ~hitley asked if Mr. DeRice proposed to deed to
the City and dedicate for public use everything he owned in tBat
location except"fifty fee~ plus the right-of-way of Casuarina Road.
AttOL~ley Moore said that exact question had not arisen before,
but he could get an answer.
Mr. Frank DeRice asked if there were any questions, and - ·
Attorney. Moore replied as fo110ws= "Mr. DeRice, the-question
that was askea would be that if the-City were to abandon the 25 foot
~ight-of=way of Casuarina Road and cooperate with you in filling the
next northerly 50 feet, but leaving 130 feet between your fill and
Col. Balliet's property, would you deed the rest of your property to
the City?"
Mr. DeRice answered~ "I would deed the rest of the property to
the City under the cond~ti°n that the City would al~ays own this pro-
perty without filling ~t and poss~biy dispos£ng of it."
Attorney MOOre~ "In other words, to be Used in perpetuity for
boating purposes." Mr. DeR~ce answered that was correct.
Mr. Croft said,as he understood the situation, what the City
had to determine was whether or not it was in ~he best interest of
the c~ty as a whole to have the submerged lands adjacent to'Casuarina
Raod filled in and developed.'
Mr. Talbot said he considered'the proposal an exploitation
of the natural r~sources of Delray Beach, and that he considered this
area as a recreational area, and is opposed to filling in any waterway
land or basins.
Mr. Barrow said he was. in agreement with Mr. Talbot and would
like to see that basin stay as it ~a, and Mr. Saunders said ha'would
also like to see it remain aa it
Mayor Avery, after listening to the public and each Councilman
on this subject, commente~ as ~ollows= "I am concerned, as I have
said before and for many years,?with the sword of Damocles hanging
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over these property owners with the need to go into court to defend
riparian rights. I think that the City should do everything in its
power to get full title to these underground lands and end this
subject once and for all and forever. I think, that we should con-'
side~ any means possible to get title to these underwater la~d~ and
p~o~¢t these property owners so they don't have this in th~
to ~e with heirs and assigns and all that comes forward.
i~ ~0~ leave it just status quo, leave it open to future
fu~e t~mes, future heirs, to go through the same thing..tha~ ~ou
h~..:~e. ~ere:~ ~, . tonight, and if you can get ...... title to these underwP~'. .... ~ 1ands.
on~ ~nd for a11, I think, you should give every possible co~eration
t~:.~:whether it is the trading of the right, of-way of Cas~k
whe{~er it is the trading of 50 feet, I th~nk you should.at!:~*~st give
i&~ome consideration. I don't want to see any views cut of~.~'and I
d~ ~t to retain the open arms effect, because Delray Beach!~n be
m~d~i'i~' Yacht~man~paradise if we retain this open arms
h~ve'kt within your means, Gentlemen, if you so choose, to':~et'title
oho~ and for al~ and I ask that you consider every ~acet to
y0~'~11 have to exercise your pleasure on it."
Mr. Croft asked about the remark that was made tha~here
would be no fill from the dredging operation deposited on the beach.
Attorney Moore reported to Council that on Saturday and again
today he had been ~n touch with the Superintendent of the Norfolk
Dredging Company who had been very positive and emphatic that there
wou~d be no fill put on the beach at this time. That had been purely
optional with the dredging company and they would have considered it
only ~f they could not get.enough Spoil areas along the northern por-
tion of their contract which goes to Atlantic Avenue, Attorney Moore
named properties that have been filled in this area, and said there
would be no fill put on the beach, at this time. regardless of the
decision on the DeRiCe proposal.
Following discussion concerning the amount of fill there would
be available to be pumped to the beach from the dredging operation,
Mayor Avery asked the City Manager if any fill would be pumped over
the Casuarina easement to ~he beach, and City Manager Holland referred
this to the City Engineer for a replyas City Engineer Fleming was the
person who had conversation with the ~.I.N.D. authorities.
City Engineer Fleming reported as follows= "I talked to Col.
Schull the latter part of last week, not with the superintendent of
the dredging company. Mr. Moore is correct that he has the option
of where he will place this fil~. As you know, the City gave two
easements, one on Ingraham and one on Casuarina, to the beach. At
Ingraham we were primarily interested in obtaining the fill there.
There was some 20,000 yards available there, which I believe has now
been reduced tO someWhere around 5,000 yards due to the deposits of
surrounding lots there, and also we would have to give perm~ssion for
them to dredge'it there immediately_rather than waiting until April
15th which is the Council desire. That 5,000 presumably will now go
to the Miramarend or ~he Casua=~na end. There is an additional
20,00° yards and Col. Schu11 indicated to me tha~' he had some influ-
ence with the contractor ~f the C~t~ wished to have it placed on the
beach at Casuarina he would see if, in the public interest, he could
have it placed there rather than' to the benefit of a private individu-
al. As you know, it has been brought out that sand and material de-
posited on the beach, and is not all sand, it is rather rough ma-
terial, as. you.can see from what has been deposited on,private proper-
ty, will work south. ~t wi~l not work north, and the public beach-
will not benefit a great deal fromdepoeit~ng it on the south, end of
the beach."
City Manager Holiand-in~ormed..the'cou~c~! that,~after checking
into this's~tuation, it'.had beendec~ded that S, 000 yards of fill
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818
would ~ot be enough to be benef~cial to the beach, and that deposits
at the south end of the public beach would not benefit said beach.
Mayor Avery spoke to the Council as follows~ "The time has
come that you have to exercise your pleasure. You have a choice of
acCepting the Planning Board recommenda~ion. You have ~he choice
of offering any alternate that you want to. You have an offer from
Hr. DeR/ce that he will giveyou the title to the underground lands
if you abandon Casuarina, He willgive you all except 50 feet. You
have the privilege of giving him an alternative p£opoaal of abandon-
ing Caauarina if he gives you the full title, or whatever your pleas-
ure is~ or you have the Pleasure Of turning down the Zoning Board
report, and forgetting the whole matter'. I"would like a motion as
to your pleasures"
Hr. Talbot moved that the recommendations of the Planning/
Zoning Board be denied, the motion being seconded by Hr. Barrow and
unanimously carried.
Mayor Avery asked if the Council washed to make an alternate
proposal to Hr. DeRiae concerning obtaining said underwater ground,
and Hr. Talbot suggested that Hr. DeRice be offered the abandonment
of a portion of Casuarina Road in exchange for placing the seawall
where it is desired and deeding to the City, for perpetuity, Blocks
136 and 144.
Attorney Moore informed the Council that Hr. DeRice would not
accept that proposal, and asked if there was. another alternative
whereby the City would accept all the land north of the 50 foot stri~
as offered tonight.
.Mayor Avery explained that this 50 foot strip that Hr. DeRice
wished to fill north of the Casuarina Road right-of-way would only
be filled to a point 13'0 feet west of Lot 8, owned by Mr. Balliet.
It was pointed out that if a portion of Casuarina Road was
abandoned, it would only be that portion lying west of sea Sage Drive.
Mayor Avery informed the Council that Attorney Moore had asked
that consideration be given to the offer of Mr. DeRlce to give the
City title to all of said underwater lands ~n exchange for the
abandonment of Caauarina Road, west of Sea sage Drive, and that he
would retain title to 50 feet north thereo~ starting at a point 130
feet west of LOt 8.
Following le~jthy discussion and comments, Mr. Barrow moved that
this last proposal be reduced to writing, together with drawings, and
placed on the agenda of the next regular COuncil meeting, the motion
being seconded by Hr. Saunders and unanimously carried.
Mayor Avery referred to the two undergrOUnd lift stations lo-
cated in MacFarlane Avenue and Andrews Avenuet and informed the Coun-
cil that, according to Hr. Neff of Russell & Axon,Consulting Engineers~
those lift stations presented landscaping problems. Further, that
professiOnal landscape architects would be needed, and hehad been
assured by Mr. Neff that this could be taken care of from the Sewer
Project funds.
Following discussion, Mr. Croft moved to employ the services of
a landscape architect to design the landscaping of those two lift
stations, and if possible, the cost to come from the Sewer Project
funds, the motion being seconded by Mr. Scudders.
Mayor Avery said it had been moved and seconded that the
services of a professional landscape architect be employed for the
landscaping of said sewage lift stations. Mayor Avery then asked if
.~ ,B= 3-30-64
they would add to the motion that the Beautification Committee be
called into consultation with saidarchitect, and same wasacuepted
as a part of the motion. Upon call of roll, the motion carried
unanimously.
City Clerk Worthing read the following letter receiv~ ~romMr.
G. ~, ~rost', Palm Beach County Engineer, dated March 18th, I964:
"Subject= Additional In~racoastal Waterway Crossing
Between Palmetto Park Road and Atlantic Ave~9.
The Board of County Commissioners, at a recent meeting,
received a resolution and request from the City of Boca
Raton, asking the Board of County Commissioners' support
for t~.e provision of an additional intracoastal waterway
crossing between the existing crossings, to be provided
by the Florida State Road Department. It is my verb~l
understanding that the City of Boca Raton has requested
this crossing to be studied for a 40th Street location.
I have been asked to seek from the City of Delray Beach,
their thoughts on this matter, as to location. As you
are aware, our current ~raffic study and transportation
plan' anticipated the provision of a new crossing between
the two cities in the 1968-73 period.
Any information you can offer on this matter will be of
assistance to the Board."
Mr. Croft moved that this item be referred to the Planning/
Zoning Board for their study and report, the motion being seconded
by Mr. Talbot and Unanimously carried"
Mayor Avery asked that a letter be written to'Mr. Frost in-
forming him that this matter had been referred to the Planning/Zoning
Board for their report and that he coUld expect s reply from the
Council in the very near future.
Concerning the widening of West Atlantic ·Avenue, City Clerk
Worthing reported to the Council as follows= "A memorandum-of facts,
relating to the State Road Departmentrs impending projector improv-
ing west Atlantic Avenue from Swinton Avenue to the turnpike, under
date of March 18th, prepared by the City Engineer, wa-s forwarded to
Council with the previous agenda. The matter was deferred last
~onday night for clarification of road construction and traffic lanes.
on May 6th, i963,.'it was~determined by Council to endorse and provide
for a 106 foot:right-of~way, comprising 4 traffic lanes0 2 parking
lands, a center'grassed ·area, .w~th curb being provided on the-outside
of the parking lanes as well as on the outside of the center grassed
area, followed by a grassed strip of 4% feet and then a 5 foot side-
wa.lk to extend from swinton Avenue'westward for two miles, beyond
which point, and~tO the turnpike, the area beyond the traffic lanes
will merely be a 19% foot strip of 1and, the. first 8 feet of which is
shoulder, the balance 'grass and mulch, as is clearly indicated on Mr.
Fleming's sketch showing a cross Section of the proposed Atlantic
Avenue widening project'by the State Road Department, and concurred
in, during h~s recent contact with Mr. John Grant, the consulting
engineer on the job for the State Highway people.
As Mr. Fleming previously pointed out, the State Highway De-
partment will not consider letting construction contracts without
first having certain utility agreements, as submitted to Council last
Monday night, executed, by the City. It iS therefore-suggested that
Resolutions Nos. 147~ and 1478, providing for authorization to exe-
cute such a~reements, be. considered at.this time."
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820
City Attorney Adams aaked' if these were the
authori~ilig execution of the contracts, ~to ~h~ C~
sa~d ~ha~ ~as co~ec~.
C~7 A~orne7 Adams sa~d i~as~.po~n~ed' ou~ a~ ~e las~ mee~n~
that ~e City ~ad ~ ~n~r in~ contracts with Southern Bell Tele-
phone Company and Florida Po~r · Light Company concerning ~is, and
commented fur~er as follows: "~e thing that bo~ers me~ at the
time we ~re not only ~aranteeing that ~ey ~uld move ~eir lines,
but they would move ~em at certain ti~s, and ~e City would be
liable if ~ey didn't move them within the t~ s~edule. If that
not true as ~. Holland info~s ,~ .......
Following discussion, C~ty Clerk Wor~ng read copies of letters
to the State ~ad ~partment f~m Florida Po~r & Light ~mpany, datea
July 9~h, 196~, and Southern ~11 ~lepho~ C~any, dated July 5th,
1963, which letters had ~en read by C~ty Engineer Fleming at the
March 23rd Council ~eting and are printed in full in said ~nutes
under Item 9.b.
City E~g~neer Fleming ~nfo~ed ~e Council ~at the City had
~it~en to the t~ utility compani~e ~volved, asking them ~ send
a letter directly ~e City of ~lr%y Beach making the same statement
as reflecte~ in the let~ers just read. ~. Flying f~ther informed
the Counuil that the City was coVe=ed by the franchise of each of
sa~d utility companies, and their utilities being ~n t~ dedicated
rights-of-way, ~ey ~re re~ir~ to move ~e facil~ties without cost
to the City if a road construction ~s undertaken.
City Attorney Adams co~ented= "My point ~s, ~n this agree-
ment with ~ State, we are ask~ ~ hold ~e State harmless for any
damages cause~ on ~e part of ~e contractors due to delays of any
party. If ~e Florida Power a L~ght Company would delay ~he perform-
ance of one of ~ese con,acts, ~e City ~s liable to that contractor
for any'damages ~ey su~fer as I recall the contra~ read last ~ek.
I think Florida Po~r & Light and Southern Bell should bo~ agree to
hold the City ,harmless fo= the same ~ng ~at we a=e holding the
State harmless for. ~at =equires at least a letter. I think a
lette= of intent from two p~l~c utllit~es ~uld be sufficient, but
from ~at ~. ~=th~ng read, I don~t think ~t ~te ~vers
don~t want to hold up ~e p=0Ject. You can ~ss it subject to
receipt of those letters."
City Clerk Worthing read ~SO~ION NO. 1477.
A ~SOL~ON OP ~ CITY CO~CIL OF ~ ~ OF
DEL~Y B~, F~ORZ~, A~ORZZZ~ E~ION OF
A ~ILITY AG~ ~ ~ ~ATE R~D DEPART-
~ ~BY T~ CITY ASSU~S ~AIN ~S~NSI-
BILITIES FOR ~LO~TION OR A~S~ OF FACILI-
TIES and/or UTILITIES ~IN ~T PART OF STATE
R~D S-806 L~N~ ~EN ~N A~ A~ 24th
A~E. (SEC. 935S0-6601)
~S, the state Road ~pa~ment of Florida has located and
proposes to ~nstruct or reconstruut a part of State Road S-806
(~lray Beach Road) from 24~ Avenue East to Sw~nton Avenue~ and
~S, in order for ~he state ~ad Depar~ent to f~er and
complete sai~ project, it ~s ~ecess~ry ~at certain ut~l~ties and/or
facilities w~th~n the r~ght-of-~y i~m~ts of said State Road S-806,
be a~justed, changed, or relocated~ and
~S, the State Road DePartment having re~ested the City of
Delray Bea~, Florida, to execute, and deliver to the State.Road De-
partment a Utilities Agreement, agreeing to make or cause to be made
-10- 3-30-64
such adjustments, changes, or relocations of said utilities and/or
facilities as set out in said Agreement, and said requesthaving
been duly considered~
NOW, THEREFORE~ BE IT RESOLVED by the City Council of the city
of ~9~ray Beach, Florida, that the Mayor and Clerk (City Ma~qer) be
and.'t~ey are hereby authorized and directed to make, execut~ ~d de-
liver to the State Road Department a Utilities Agreement for the
justment, change or relocation of certain utilities within th~ right-
of~w~¥ limits of said State Road S-806, Section 93550-6601 (2601)~
BE IT FURTHER HSSOLVED that a certified copy of this Resolution
be ~Orwarded to the State Road Department at Tallshassee, Florida.
PASSED and adopted on this the __day of , 1964.
Mr. Croft moved that Resolution No. 1477 be passed and adopted,
subject to the receipt of the agreements from the two utility compa-
nies being to the satisfaction of the City Attorney. The motion was
s~o~nded by Mr. Saunders and carried unanimously.
City Clerk Worthing then read RESOLUTION NO. 1478.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING EXECUTION OF
A UTILITY AGREEMENT WITH THE STATE ROAD DEPART-
MENT WHEREBY THE CITY ASSUMES CERTAIN RESPONSI-
BILITIES FOR RELOCATION OR ADJUSTMENT OF FACILI-
TIES and/or UTILITIES WITHIN T~{AT PART OF STATE
ROAD S-806 LYING BETWEEN 24th AVENUE AND THE
SUNSHINE STATE PARKWAY. (SEC.93550-6602)
WHEREAS, the State Road Department of Florida has located and
proposes to construct or reconstruct a part of State Road S-806
(Delray Beach Road} from Sunshine State Par~way East to 24th Avenue:
and
WHEREAS, in order for the state Road Department to further and
complete said project, it is necessary that certain utilities and/or
facilities within the right,of-way limits of said state Road S-806,
be adjusted, changed, or relocated; and
WHERP2%S, the State Road Department having requested the City of
Delray Beach, Florida, to execute and deliver to the State Road De-
partment a Utilities Agreement, agreeing to make or cause to be made
such adjustments, changes, or relocations of said utilities and/or
facilities as set out in said Agreement, and said request having been
duly considered;
NOW, THEREFORE, BE IT RESOL.~D by the City'council of the City
of Delray Beach, Florida, that the :.Mayor and Clerk (City Manager}
be and they are hereby authorized and directed to~ make, execute and
deliver to the State Road Department a Utilities Agreement for the
adjustment, change or relocation of certain utilities within the
right,of-way limits of said state. Road S-806, Section 93550-6602
(2601);
BE IT FURTHER RESOLVED'that a certified copy of this Resolution
be forwarded to the State Road Department at Tallahassee, .Florida.
PASSED and adopted on this 'the ' .. day of... . , 1964.
Mr. Croft moved that ResolUtion No. 1478 be passed and adopted,
subject to. thereceipt of ~he.a~reements from the two Utilities
companies, being .to .the satisfaction of the City AttorneY. The motion
was seconded by Mr..Saunders and carried unanimc~sly.
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Mr, Croft informed the CounctZ that he would like to hear from
the City Manager regarding a design and change concerning beautifi-
cation in the City Cemetery.
City Manager Holland informed the Council that~ in his opinion,
this was a very good change, further, that Mr. Wade Cartee of the
Parks Department had* discussed this change with the' Beautification
Committee which was'in agreement with same.
Mr. Cartee displayed a sketch of a portion~cf the old cemetery
which showed a circle at the intersection of two roads where the
1.8 foot roads narrowed down to 8:fee~ around ~he circle. Mr. Cartee
informed the Council that it was impossible for an ambulance to go
around said circle without hitting the curb, further, that said cir-
cle made it difficult to park when there was a funeral. Mr. Cartee
explained to Council that they propose to correct the condition by
cutting said circle into four parts and moving it back, thus allowing
the roads to Cross each other, and that the four areas be beautified
by plantings, etc.
Mr. Croft informed the Council that he h&d been.assured
this change would not interfere with anygraves]"*~and moved that the
Council accept said proposed change to the Cemetery, the' motion being
seconded by Mr.. Barrow and unanimously carried.
The meettng.adJottrned at 9=45 P2M.*, by order of Mayor Avery.
R~D~ WORTH.ING
City Clerk
APPROVED:
~aYo~ (
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