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05-11-64 ~Y 11, 1964. A regular meeting of the City Council of Delray Beach was ~d in the C~9~cil Chambers at 8;00 P.M., with Mayor Al. C. Avery cha i ' ity Attorney ohn Ross dsms, city Manager Robert and Councilmen Emory J. Barrow, J. LeRoy Croft, and Jack L. being present. 1. ~ openingprayer was delivered by Rev. Ralph F. Johnson~ 2. T~..e minutes of the regular Council meeting of April 27t~, were'~ua,imously approved on motion by Mr. Barrow and second~di~y Mr. 3. ~, E. H. Werner, 500 Oleande~ Lan~, a resident of Seaga~ Sub- divi~O~, informed the Council that he had been a resident ~f'Delray Beachi~or many years and this was the first time he had fel~ ~,nec- essa ' o make a complaint the Council. During lengthy Mr. ~r~er complained about the dredging operation of the I~°astal Waterway, and the condition of private property on both the East and West sides of the Waterway on which the dredged materials had been placed. Further, the City should provide proper legislation so that residents are not subjected to such conditions. Mayor Avery asked City Attorney Adams to clarify this item, and Attorney Adams replied as followe~ "Actually, this spoil has been deposited on private property by virtue of an easement pursuant to a contract with the United States Government. The City is rather small When they are faoing the U. S. Government. Tne~ have to dredge this canal. 'They have to fill the land. The City e~tered into it, insofar as we asked the Government to please remove the fill over the City easement, which we would give them over Casuarina Road to the beach. They ignored our request there. As far as future.leg~slation, I think the only thing you might do is to put a time limit on it. If you gentlemen w~11 sit down at a meeting and decide what a reasonable time is for them to level this off, then I think we might attack it from the point of getting them to remove it or at least ~evel it to a cer- tain height within a certain time." Mayor Avery commented as follows~ "Gentlemen, is it your pleasure that the City Attorney attempt to prepare such legislation that will satisfy this situation?" Mt. Croft said he would like to see' something ~ccomplished on this item, and wou~ld so move. The motion was seconde~ by Mr. Barrow and carried unanimously. 3. Mr. Joseph K. Costello, 718 S. E. 7th Street, Delray Beach, in- formed the Council that he lived across the Intracoastal Waterway Mr. Werner, and wanted to smphasize his approval of the comments made by Mr. Werner. Mr. Costello further commented on the condition of the private property lying on the West side of the Waterway, which he felt was a hazard to his property. Mr. Avery thanked Mr. Costello for his comments, and informed him that the Council had just taken action in an attempt to correct said unsatisfactory condition. City Clerk Wor~hing 'read ~he folloW&ng letter from Mr. Rowland D. Schell, Fort Laud~ale, dat~d.~tarch 19th, 1964, regarding Lots 12 thru 19, Block 12~/Os~e01a Par~ "You have undoubtedly notice~ tha~ ~he Corps'of Engineers are filling the above lots. ~ see~'!~hatthey ars filling them higher than is necessary~'~ haV~%/the~re, made an agreement with Albert Burger of Trop~ Bui~rs ~ '~lray Beach, Inc. to ~ ~- 5-11-64 "grade the lots 18" at the high point above the crown of the existing street - namely S. E. ?th Street, which means that he has agreed that all excess fill shall be remoVed within sixty days. I informed Mr.. Costello, wh~le on th~ property this"morning, of this arrangement. He seeme~ pleased but stated that not knowing what was going to be done he had already contacted an attorney. I g~ve you this information so that if you have any inquiries you will have the answer." 3. Miss gunice Dolphus informed the Council that she had in the past worked for the City at Teen Town Center, and asked if they would per- mit her to work there again aa the center was unsupervised at this time,, and. she was in need of work. Mr. S&unders moved that this item be referred to the City Manager as it was an admtn£strat£ve matter, the motion being seconded by Mr. Crof% and ~Unanimously carried. 4. Mr. Croft read the following Beaut~ficatton Committee meeting minutes of Thursday, May 7th, 1964= "Members present were~ Charles Toth, Clarence Bingham, Stuart Lankton, Bud Merritt, wade Cartes, Ken Ellingsworth, LeRoy Croft, Peg Bowen, Mrs. Clarence A. Plume, guest, and MarJorie Evaul. 1. Mr. Toth presented plans for the entrance to the cemetery, which met with the approval of the committee, subject to a report on coat and location. 2. Mr. Lankton made a motion, seconded by Mr. Toth, that the Beaut'i- fication Committee request a meeting with the Council, Mayor.and City Manager, to d~scuss the future of the committee. Motion carried. 3. A letter-from Mr. worth~ng stated that the Council would like a recommendation for a new chairman to be presented for its ap~ proval. Action was deferred subject to the meeting of this committee w~th the council. 4. Mr. Bingham made a motion which was seconded by Mr. Lankton, that weaccept the resignation of Bud Merritt, our chairman, with great regret, and that we wish him God speed in his chosen field and thank him for his wonderful work. Motion carried unanimously. 5, Mr. Bingham, as a new member, brought to our attention the need for some action on the' beautification of. land surrounding the Post Office. 6. Council approval was asked for the appointment of Mrs. Clarence A. Plume, from the Lea.gus of Women Voters, to the Beautification Committee. 7. The committee read the letters from Mr. Ward and Mr. Joyal per- taining to trees'blocking s~gns on the North ~ederal Highway. The consensus was that the trees should remain where they are. our next meeting On Thursday,~June 4th. There being no further business the meeting was.adjourned." -2- 5-11-64 Concerning item 2, Mayor Avery said he felt the meeting w~th the Be~ification Committee Should be with'the full Council present, b~ ~hat Mr. Talbot ~s out of town' at the present t~me a~d ~' the ~% he returns, tbs..City Manager. would be on vacation. ' M~yor Avery asked that Mr.. Croft c~nsult with said Committee and ma~ arrangements for the meeting at a time that would be s~sfac- to~ to the individuals who were to attend. ~ Concerning ~tem 6, Mr. Croft moved that 'M~s. Clarence A. P~ume, as a ~ppresentative of the. League .of Women Voters, be appoin~d as a ~e~fi~er of the Beautification Committee, said term to expire J~nuary 1, 196~'.', The motion was seconded by Mr,' Saunders and carrie~nanimously 4t%. A roll call showed the following Civic Organizations ~nd representatives to be in attendance= ~lray Beach Board of Realtors Mr. Andrew Gent" ~opic Isle Civic Association Mr. John E. Varney Seagrape Garden Club Mrs. Margaret Bowen Planning/Zoning Board Col. Andrew Fabens 5. Commander John E. Varney, Council appointed Chairman of the Committee' on Armed Forces Day, reported on the activity of that com- mittee. He stated that there would be an Armed Forces Day Parade on Saturday, May l~th, starting at 10:00 A.M. at the First National Bank parking lot and proceeding to the beach where the program will be completed. Commander Varney named the different local organiza-' tions and individuals that hav~ agreed to participate in the parade .-. and program~ 5. Mayor Avery announced that Mr. heRoy "Bud" Merritt, an outstanding citizen of Delray Beach, had been a State Vice-President of the. ~aycees~ and was now a candidate for National Director of the Jaycees from Florida, and read the following Proclamation to be d~rected to all Florida Jaycees~ "The City Council of the City of Delray Beach, Florida, has been informed that LeRoy *Bud~ Merritt is a candidate for National Director from Ftorida. On the 11th day of May, 1964, the City COuncil unanimously adopt- ed the following Proclamation~ WHEREAS, Buddy Merritt has unselfishly and tirelessly devoted his time and ability to numerous civic activities in this Cityt and WHEREAS, The City Council, on behalf of the citizens of the City of Delray Beach, Florida, being desirous that his civic achievements be recognized, acclaim- e~ and permanently recorded~ NOW, THEREFORE, The City Council of the City of Delray Seach, in honor and dee9 appreciation of his distinguished ~e~vice,hereby commends BUDDY MERRITT for his con- tributions to the general welfare of the City of ... Deira~ Beach. In passing this Proclamation, t~e Cit~ Council heartily endorses Mr. Merritt~s candidacy for National Dir~ctor from Florida." Mr. saunders moved that'this prOclamation be passed, the motion being seconded by Mr. Barrow and unanimously carried. -3- 5-11-64 .364 5. City Clerk worthing read the following letter from the Men~s Garden Club, dated-May 5th, 1964~ " "At the meeting of the Men=s Garden Club of Delray Beach,- Fla., held May 4, 1964, Mr. H. H. Neilson,' .president ap- pointed Col..Claren~eBingham to'represent this Club at meetings of the Beautification Committee-. Mr. C. C. Galinat was named as thealternate representative.." Mr. Barrow moved that these appointments to the Beautification Committee be approve~, the motion being seconded by Mr. Croft and una&imOusly carried. $. City Clerk Worthing read the following letter to City Manager Holland from Mr. R. S. Pfeiffer, dated April 30, 1964= "Tomorrow will end my vacation in Delray - my first visit here. It is a delightful, friendly place to spend a vacation. However, being civic minded I'd like to.make one.criticism (and I~m not alone in this). ! thank the boys and girls' in w~t bathing, suit~ (mostly) and these noisy youngsters should play:on the.beach in- stead of using most of the chairs .on the pavilion,'radios blast- i~g and :conversations carried' out in loud voices...I've .seen ~everal people get upsuddenlyfrom a chair, which is wet. We*ye tried to tell the youngsters about it, but atl we got was vulgar remarks. I do not go on the beach, and do think we folks who' wish to watch and visit should have eome..coneideratton. I hope you will agree with me. Come down af~erechool hours and on Saturday and Sundays. see how machyou;could take of this racket. News/~apers and coca cola bottles thrown around. I~ve wondered ~a-t you've pe=mltted At. One of the. men in our apartm~t~:iisa~ he was-knocked off'the sidewalkbythe =~der of a bicycte. '~eneral consensus of opinion is you have. a'Wonderful b~ach burst's poorly supervised. I hope you'llg~Ve this Some attention so that'we retired folks can enjoy yo~r.paviiio~.." The Councilii~be~ng ~eeable, Mayor Avery referred th~s item to the City Man~e~. 5. The City Clerk read the following letterfrom..Mrs.' Jam, es Thomas to Mayor Avery~ dated May 7th, 1964= "We Just want to thank your 'trash collection' for the wonder- fUl job they did when we called them to pick up a very la=ge amount oftree tr/m~ning on our property. When~we called on Monday, the woman I spoke to was so polite and assured us . that it would be picked up the next day. We sure did preciate the good and clean job that the men did on our property., Mayor Avery said the trash department should be commended for their work, through proper channels. 5. City ~lerk Worthing read the following letter from the Palm Beach County chapter of the ~raerioan Red~.C~oss to City Manager Holland, dated April 28, 1964~ "On behalf of the Water Safety Committee of the Palm Beach County Chapter of the American Red Cross ! would like to sincerely thank you for the wonderful cooperation and assist- ance the city has shown the American Red Cross. The year 1964 marksthe f~ftY~years Red Cross has bep~ teaching swimming and life saving. In the 50 years past the Red,ross has issued over 25 million certificates. Accomplishments'Such -4- 5-11-64 Shown Over .~nat ~ou a~ ~;L~a~le ~i~o,,* ~. ~ne ~ara. -- *~r o~ Delray ~_ ~ne ~tne the fl-- on. ._ ~. One o~ }n al~ ;~_.aarnicle,a '~ ~a~ni~le ~.... affatn our atnOe~e ~at~anka~.~°r a ~ob ~ell done ,, . Raaoe~at~o~ ~ :°22o~n~ 2ette~ --, ~ne., ~ee~~ 7~,t°2~&4~the .~°P~late '_ -'"~' a~=._ .~.~ a ma~.-.*" one Control .~e Cit~ o;'.~ane~t ~m certatnl~L~;~Ully, e~t Je. mon~; e Y ~a~e~ ._ ., ~a~lon. ~.. :. .-' : -e e~li-.-- and ale~ -- ~' aar~o~ ' naming'~ ~Olu~ton aha,, chis item. suggested Contac~in~ ~' 'said C~15 Cana~-Id be ~o consider ..~v d that ~ _ o'~ asea ~atOn ~Ounotl. ~ ~zs '/tea and ' ~a~ro~ be -- . ' e°noerning moua~-- ~'ne mott~, ._ m~e.reco.__~Poznbed as a ~a'~' " -" ~aa Seconded b~attona ~onoa._~o~tttee of XSle a~d R ..... u. 5' tO ~ ~ Z~fo~ed .. RUSae'~a~11 & ~o, ~e 'o:~gt,a2 .~ ~,e Cou, o~, .. ." ' ~jneerin~ ~e~.:~ make a~i.'~_ e~tneeri'~'~'~ ~ontract. · n the~- ~-ce: t~eat_lY, aevelop a ~ezd a~ve,--'~ea'' Provta~:~e City ' ~* ~Oft mo =~ecutton of .~' 1964~ f~;.~a outltn~ ~3 contta~t ~_ved ~at 8u .... ~s ag~eeme.**~er, that · ,u UnShip-. ye execut~ ~lementa, ,,,uuslv . .... - "~. the .... ' ~ement No. '-~ aa reco~end' ~. ~aUnde=a 7.- ' -* ~e officlal~ement No. 5 '- ~' Cie,. ,._ _ . ~opy of the-- z~ attacfle~ _ ~aVteed t~t a held at t~ C . -~clo~ fro~ the the fol:!owt,flty~a~at ~,?~_ meettna .~ .. -5- ' "*~ 'co, said JAMES L. LOVE, JR. Alternate for C. J. Manson March 15, 1966 HARRY T. NEWE-~T Alternate for Ward Robinson Mar~h 15, 1966 cHARLEs R. G~ Alternate for · Eleanor G=ingle March 15, 1967 ELEANOR N. GRINGLE Member March 15, 1967 The following were elected as officers to serve until March 15, 1965 t Roy M. Simon ~hairman C. J. Manson Vice-Chairman Eleanor N. Gringle Secretary" Mr. Croft moved that the recommendations of the Board of Adjustment for'aPpo£ntment of members to said .board be accepted, and approve6. The motion wes seconded by Mr. Barrow and carried unanimously. 7.b... City Clerk Worthing informed the Council that the Municipal JUdge 'recommends that Council amend the sentence against Mr. Alfonso Hallman, ~ermitting his return to work, subject to a regular weekly withh91ding by his employer, from earnings, of funds sufficient to pay the City, the. balance due of the original imposed f-ins.. Further, that the Council may, by Charter provt.aion, sustain the recommendation of the Judge.. The recommendation of the Municipal Judge was unanimously sustained on motion by Mr. Barrow, and seconded by Mr. Croft. 8.a. concerning final reading of Ordinance No. G-540, covering annex- ation of certain lands on South ALA with a zoning, classification of R-3, Ma~or Avery asked for a motion that the final hearing on said Ordinance be postponed until the next regular Council Meeting, and the Ordinance be referred to the Planning/Zoning Board with instructions to hold a hearing on same; further, that said Public Hearing, be adver- tised. Zt was so moved by Mr. Croft, the motion being .seconded by Mr. Saufiders and unanimouSly carried. Mayor Avery asked City Clerk Worthing to read the following two telegrams that-had been received concerning Ordinance No. G-540: "We wish to strongly protest against-bill (}-540 which comes' before the City Council .today. we-are very. opposed to another large apartment being built .in our residence area of single homes and think the Council and Zoning Board should protect the homes already built.under present zoning. Higher ap_art- ments can Be built further south where they are permitted. I live at 1005 South ocean Boulevard, Delray Beach, Flor.ida. /s/ E. H. Chapman, Stamford, Conn." "Understand Bill G-540 will come up for consideration at Monday meeting. Wish to express our hope that Council wi].1 disapprove request for another five story building in this residential area. /s/ Mr. & Mrs. Byron May, Darien, Conn." Mayor Avery asked that the City Clerk make Provision for these two telegrams to be read at. the Planning/Zoning Board meeting, also at the Council meeting, when this ordinance is again considered. 8.b. City Clerk worthing read ORDI~I~NCE No. G-542. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, AMENDIN~ SUB-SECTION . 14, SECTION~?-I, CHAPTER 7, CODE OF-ORDIHANCES OP THIS C~TY PERTAINING TO DOGS UPON THE MUNI- CIPAL BEACH. -6- 5-11-64 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP DELRAY BEACH, F.LORIDA, AS FOLLOWS = Section 1. That Sub-section [14), SeCtion 7-1, Chapter 7, Code of Ordinances of the City of Delra~ Beach, Florida, be, and the same is hereby amended to read as follows: ~~14) No person who shall own or ~e in control of or iV charge of NnY dog shall allow same upon the municipal beach." PASSED on second and final reading in regular session o~ this __ day of , 1964, M~. Ed Schmidt, 308 North Swinton Avenue, a dog owner, informed the counoi. 1 ~hat he was in favor of keeping the beach cleanj further, he f,elt the ordinance was not'g6ing 'far enough, and suggested .that all d0~s ehould have a rabies shot each year, sh0uld be licensedL an~ should be allowed 'on the City streets only when they are.., on a leash. Mayor Avery informed Mr. Schmidt that at the last Council meeting City Manager Holland had given a public release comcerninq 'the items .~.~ just mentioned, that such provisions do exist in the city. ordinances, · ,,/:~ and that they wil~ be. enforce~. " -- Mr; Wright Bari, a Delray-Bea'~h resident-affd dog owner, informed the COuncil that he takes-his dog to Ocean 'Boulevard ever~ day but does not all'ow it on the grass or' the bea~h) 'and suggested that the ordinance not be changed, but the offenders of the present ordinance be given tickets and fi~ed just as they would be fined for a traffic or parking violation.- Fol~ow~ng discussion, Mr. Croft moved that Ordinance No. G-542 be passed, and adopted on this second and fina. I reading', the motion being seconded bYMr..Saunders. Upon CallOf ~oI!, Mr. Barrow, Mr. Croft and Mr. Saunders voted in favor of the mot~ion'~'~'and MaYor Avery was opposed. . .. 9.c. City C$prk'Worthing presented ORDINANCE NO'.-G-543. AN ORDINANCE OF THE CITY COUNCIL OF T~E"'CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, N~MELY ~ 47, LAKE SHOR~ ESTATES, .WHICH LAND IS CONTIGUOUS TO' EX- ISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFIN- ING THE BOUNDAI~IES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FORT HE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE-'ZONI~G THEREOF. -- : .- ~_- - ~----- - - Ordinance No. G-543, - .... --: was unanimously p~a~ed ~ on ~ fi~.a~ reading on motion by Mr. Saunders and seconded by Mr. Croft. 9.d. City Clerk' Worthing presented ORDINANCE NO. G-544. AN ORDINANCH OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXI~ TO THE CITY OF MUNICIPAL L~ITS OF SA~TY,~ ' REDEFINING THE BOUNDARIES OF SAID C~FY ~ INCLUDE SAID LAND= ~a0v~I~ Fca THE RIGHTS ~ O~GA~ONS OF S~D-LAND~ AND PROVIDIN~ FOR TH~ Z0N~N~ ~HEREOF. Or4inance 'No; G~544~.was unanimously placed..,on first reading on mot[on by Mr. Barrow and seconded by Mr. Croft, 368 8.d. C~ty..Cl,erk Worthtn.g,presented ORDINANCE NO. G-545. AN ORDINANCE OF THE. CITY OF DELRAY BEACH, FLORIDA, 'AENSX~NG CERTAIN LANDS LOCATED EAST OF SECTION 16, ~NSHZ~ 46.,SOUTH, RANGE 43 ~AST, TO THE CITY OF DELRAY BEACH, FLORIDA. Mr. Croft asked if.the City would have legal responsibilities as the resuIt of th£s an~exation of three miles of ocean, and if it was under the jurisdiction of the City. City Attorney Adams answered as ,follows: "It is-presently under the jurisdtc,tion of the County and the State, and it will be under the jurisdiction of the .City, County and State after this is passed. I can't say there wouldn't conceivably be some possibility if the City saw something and allowed it to remain in the ocean in a negli- gent manner, but At is almost inuo~ceivable that there would Be any- thing that could happen that would create any additional liability we don ~ t ?1ready have." Attorney· Adams informed the Council that most o£ the cities along the,'coast do have a three mile Ordinance No. G~545 was unanimously placed on first reading on motion by Mr. Croft and seconded by Mr. Saunders. 8.f. City Clerk worthing resd ORDINANCE NO. AN-ORDINANCE OF THE CITY COUI~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTIONS 27-8 THROUGH 27-11, INCLUSIVE, CHAPTER 27, CODE OF ORDINANCES OF THIS CITY FERTAIN~NG TO FREE CITY ~TER FOR PERSONS OR ORGANIZATIONS ON. APP~tOVED. CHARITY LISTS. Following discussion, Ordinance No. G-546 was unanimously placed on first reading on motion by Mr. Saunders and.-, seconded by Mr. Barrow, 8.g. City Clerk-worthing presented ORDINANCE NO. 0-547. AN-ORDINANCE OF-THE C~TY C?UNCIL OF THE' CITY OF DELRAY BEACH, FLORIDA-, ~I~ ORDINANCE NUMBER G-535, DATED APR/L 13,' 1964, SAME,BEING AN ANNEXATION, ORDINANCE, BY SUBSTITUTIN~ THE N~uME "GRLMES MANUFACTUR/NO COMPANY" FOR THE . NAME "THE GRIMES FOUNDATION" WHEReVER SAME APPEARS IN SAID ORDINANCE. Ordinance No; G~547 was unanimously placed on-first·reading on motion by Mr. Croft and seconded by Mr. Barrow; 8 .h. The City. Clerk presented ORDINANCE. NO. G-5,48. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH-, FLORIDA, AMENDIN~ CHAPTER 29, CODE OF ORDINANCES OF 'THIS-CITY, BY ADDING SUB- SECTIONS (e} AND (~) TO SECTION 29-7.5 PERTAINING TO SET BACK REQUIREMENTS. FOR THAT REAL PROPERTY WEST OF AND BORDERING ON SOUTHWEST E~HTH AVENUE RETWEEN WEST ATLANTIC AVENUE. AND SOUTHWEST FIRST STREET. Ordinance No. G-548 was Unani.~ousLY 'piaced:on first reading on motion by-Mr. Saunders and seconded by Mr. BarroW. 869 9.a. City Clerk Worthing informed the Council that in compliance with their instructions while in regular session on April 27th~ the City Administration corresponded with Mrs, Pauline King and Robe~ Kinkead, relative to possible settlement of alleged ~ges con~e~ping the property recently obtained by the City for ad~'~!onal C'i~¥ Clerk Worthing read the following letter from Mr. KiD~, dated'May 8th, "~ is difficult to put into one letter the thousands'~of ~prds iptakes to clear up the situation created by the refusal ~ tenants to move from the Pauline K~ng property andthe events and discussions that followed. A~ter'the meeting with you, Mr. Holland, and Mr. Adams, ! ~Ol~owed the course suggested as a means of clearing up this ~atton, and results appeared to be in favor of droppi~ the matter, since Mrs. K~ng was, is, and will continue.kobe a substantial tax payer, and there was no intent to damage the city. Adding to this the fact that she is turning dow~ all offers of leasing the newly acquired propertyat Tenth Street,. to any one or any project that would.be unattractive or undesir- able to the South entrance to the city, even though the zoning would permit it. She is also still trying to buy the o/d B B Court which would be even more advantageous to the city, since she will bring it into the city. limits and develop the whole thing as one tract. The blame for the problem is through my error in Judgment and trust, in verbal agreements, with people I..felt would comply with the notice to vacate, and who had' be~a. informed months in advance that this vacate notice would be coming. They re- fused to sign that they-would vacate but agreed -to be ready to move if the deal was consummated. In view of this Mrs.. I~ng and I feel that my cooperation with the city in annexing propertY, working to bring in whole su~- divisions as X have been and am still doing,'.along with the fact that Mrs~ King w~11 cooperate with the city in not allow- ing anything'undesirableto be placed or erected on the Tenth 'street p~operty, will benefit the city and the taxpayers many times more than any damage some m~Lght feel~the city had incurred. I feel after discussing this.viewpointwith various .members of the council and management of the. city, that they feel the same and that. the damageif any would be small, and~in view of_the attitudeand cooperation in the past, present, and future of both Mrs. King and myself, that it would be best to drop the matter. No intent was certainly ever meant to.cause the city or council members this'embarrassment. I can assure you that I will continue my ~fforts in behalf of the city, ss I have proven capable of doing in'the past, to help'expand:and develop.the-city so that any'loSswhich might have been encountered Will,be greatly Overshadowed by the gains. With my sincere a~pr~n and thanks for your'cooperation and understanding i~'this~s~er.~ ' Cit~ M~.~agsr Hollsnd.i~'f~med~ Council ~hat rents have been collect~ ~rom the-two tenants ~V..°lved on the.King property, that it would be d~fficult to determinewhat damages, if any, had been incur- red, and recommended that this matter not be pursued further,&~:a court case could prove much more costly than the al~pged dama~e~. '-9- 5-11-64 Further, that this was the opinion of the committee, consisting of · 'th~-City Manager as Chairman; City Attorney ~ Adams' 'and Mr..' O. W. ": "Woodard, ~r'~' who.~ave worked on this it~ · .... : '~r.~'Croft ~Oved:-to accept the: recomme~dation of the Committee as :': c~a~rmaned' by the City Manager', the motion being seconded by Mr. saunders'. Upon c&ll ofroll, Mr. Croft, Mr~;'Baundere and Mayor Avery voted in favor ortho motion, and. Mr. Barrow was'opposed. lO.x. City Manager 'Holland thronged th% Council there was a portion of Model Land Company Lot 6, lying West of the F. E. C. Railway R/W, Section-29, TownshiP.46 South, Range 43 East, containing 9 1/10 acres, that wasneeded to further the garbage and trash collection, and said propert~could be Purchased tonight for $35,000.00. It was pointed out that there was money available in the Capital Improvement ~und for said ~urchase. '' Mr. Crof~ asked the City Manager how long this additional land would take.~are of the City for 'their sanitary land fill. City Manager Holland informed the Council that said land would be sufficient for about ten years if the City did not got much larger, but to take the 'growth~determined by the. Florida power & Light Compa- ny and the Telephone Company, it would be sufficient for approximately five years. Further, this would be a' stop-gap measure as it wouId be necessary ~o take som~ kind of action within:two months. The City Manager saidhe cOuld not consider paying $17,000.00 for fill to cover the last ditch at the present sanitary land fill, when this additional property coUld be'purchased.. Mr. Croft saidh.eunderStoodthe Only alternative was to buy addi- tional equipment and hireadditional month order to.haul the trash and garbage to a county land fill. City Manager Holland continued= "It will cost $55,000.00.in capital imprOvements in the way of equipment, which doesn't include the addi~tona~mileage' Cost of the six garbag~ packers ~e nOw have;.'... If you bought' the $30,000.00 in the way of garbage packers, you would have to include the add~tional mileage, cost, hours~nvolved, etc., for the other six that you now have. If you bought a transfer tandum truck,you would have to build a ramp, and it could handle up to 60 cubic yards. We are running now from 125 to 250 cubic yards of garbage per day. That doesntt include trash." Mr. Croft said that upon. the recommendation, of the City Manager, he would move to buy said pkoperty from the appropriate fund for the sum of $35,000.00, plus the normal closing cost~, with .proraeion of taxes, and the seller fur~ishtng title insurance. '.' '., " City AttOrney"Adams explained this meant anormal co~tract based on a $35,000.00 purchase price,which would, mean that the seller would pay the documentary, federal and state stamps, and the only thing the City would do would be to record the deed and pay the proratedshare of' taxes. "The motionwas seconded by Mr. Barrow and carried unanimously. 10.x. City Clerk Worthing reported to Counoil'as follOwS: '"As you will recall, on ~riday, May 1st, Mr. George Russell &Mr. Frank Osteen of Russell & Axon, your Consulting .Engineers, met with City' Officials regarding the Professional liability insurance premiums the City paid for certain insurance coverage during the period from May to September, 1962, since which time it has been determined by all part,es that this amount should be reimbursed to the City bY Russell & Axon,and that company has requested Council~s psrm~ssion to have that amount in three equal allotments,deducted from the next three installment pay- ments which they are to receive as co~sulting and reaident engineers. Council action is therefore requested, approving this arrangement for reimbursement." , It was so move.dj by Mr. Croft. The motion was seconded by Mr, Barrow and'carried unanimousiY. -10- ' 5-11-64 371 10.x. City Clerk Worthing mentioned the.report concerning polic%" protection of West Atlantio Dry Goods and~the surrounding area, and informed the Council that Mrs. Green had requested said~report be deferred until the next regular Council meeting as she was unable to attend the Council meeting tonight. Mr. Saunders moved that the presentation of said report be deferred until the next regular Council meeting, the motion being seconded by Mr. Barrow and unanimously carried. 10.a. City Clerk Worthing presented the following Bills for Approval= General Fund $ 44,681.72 Water ~und - Operating Fund 3,331,78 Special Trust Account - First National Bank of Delray Beach 3,763-~?~ Special Trust Account - Delray Beach National Bank 139,533.99 The bills were unanimously ordered paid on motion by Mr. Croft and seconded by Mr. Barrow, The meeting adjourned at 9=30 P.M., on motion by Mr. Saunders. ...... a. D. WORTHING ........ City Clerk PROVED: -11- 5-11-64 372-A WHEREAS, the City of Delray Beach, Florida, a~ter referred to as the OWNER and Russell & Axon, Consu!t~ ing Engineers, hereinafter referred to asthe ENGINEER~,~ 9~tered into a contract for engineering services dated~9 30th day of September, 1959 on a Sewage Works Project, and WHEREAS, said OWNER and said ENGINEERS entered an agreement for engineering services for Water Works ties on the 23rd day of April, 1962, which.was not a supple- ment to the original engineering contract, but which has been fully performed, and WHEREAS, on the 8th day of JuLy, 1963, said OWNER and said ENGINEERS entered into an agreement wherein the OWNER employed the ENGINEERS to perform all consulting engineering services on the combined water and sewage works facilities in accordance with a fee schedule set forth in said Supplemental Agreement No, 3, and WHEREAS, on February 17, 1964, the ENGINEERS proposed to perform engineering services required in the preparation of a feasibilityreport, ~he extent of which is more particularly set forth in a~.letter-proposal under said date, a copy of which is attached hereto as Exhibit A and made a part hereof, and WHEREAS, the City Council requested a review of said proposal by the City Engt~aer for hie suggested additions to the proposal contained in said Exhibit A, and WHEREAS, said ENGINEERS submitted a supplemental pro- posal in a letter dated April 9, 1964, which included the re- commendations of said City Engineer, a copy of which is at- tached hereto as EXhibit B and mede a part hereof, NOW, THEREFORE, the parties hereto mutUally agree as 'follows: 1. The OWNER hereby employs the ENGINEERS to make all necessary studies and investigations and to prepare a feasibiIity report, including cost estimates~, in accordance with the proposals contained in Exhibits A and B. 2. Upon satisfactory completion of the services as outlined above, the OWNER agrees to pay the ENGINEERS a fee of three-fourths of one per cent (0.75%) of the estimated construction costs, not. to exceed a total amount of Ten Thousand ($10,000.00) Dollars. When the OWNER, 'after receipt of the report, decides to proceed with the project and 372-B authorizes the ENGINEERS to prepare the final plans and specifications, the ENGINEERS' fees for this work shall be in accordance with the current eng~neering contract be' tween the OWNER and the ENGINEER and shall include full credit for the fee paid on the feasibility report herein authorized. It is further agreed'that the sewer construc- tion program under contract to date shall be added to any subse~ment.water projects~inarriving at the net percentage fees payabte to. the ENGINEER for design or consulting services. PROVIDED-FURTHER that nothing herein contained shall prevent the parties hereto from negotiating a fee based on a percentage less than that herein provided. The terms and provisions of the contract between the parties, dated'September 30, 1959, and all supplements there- to shall remain in full force and. effect other than as modi- fied by this Supplemental Agreement No. §. IN WITNESS WHEREOF the parties hereto have executed this SupPlemental Agreement NO. 5 at Delray Beach, Florida, this ... day of ., 1964. RUSSELL & AXON CONSULTING ENGINEERS ATTEST .- CITY OF DELRAY BEACH, FLORIDA By M A ~Y O R ATTE ST: City Clerk Approved as to form: City Attorney