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10-26-64 557 OCTOBER 26, 1964. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the Chair, City Attorney John Ross Adams, City Manager Robert J. Holland, and Councilmen Emory J. Barrow, J. LeRoy Croft, Jack L. Saunders and George Talbot, Jr., being present. 1. An opening prayer was delivered by the Rev. J. D. Edwards. 1.a. The Pledge of Allegiance to the Flag of the United States of America was given. 2. The minutes of the regular meeting of October 12, 1964, were unanimously approved on motion by Mr..Barrow and seconded by Mr. Croft. 3. Mr. Paul Speicher, representing the Tennis Committee, asked that Architect Kenneth Jacobson present the preliminary plans for the tennis building. Mr. Jacobson presented and explained said plans to the Council. During disOussion, Mr. Croft questioned the layout and the com- patibility of the plans for the tennis building with the other City buildings in the area. Mr. Jacobson said that several years ago there had been basic studies of the area, and the plans for said tennis building are in line with those studies. Mr. Talbot moved that ~e Council approve.the tentative plans, as submitted by the.TennisC0mmlttee,' the motion being seconded'by Mr. Barrow and unanimously carried~ 3. MayOr. Avery in~r~ducmd the President of the palm BeaCh'County Chapter of the A~erican Cancer 'Society, Mrs. Arms E~.I Deacon (professional na~e) and her husband Paul A.. Fenyvessy,~.who ~re now residents of Delray Beach. 3. Mr? P~te M.~.Pe%roni', Manager of the PyrOfaX Ga~ C°r~oration, located at 418 East Atlantic Avenue, Delray Beach, informed the Council their company is conducting, a Teenage Baking Contest with prizes totaling $45,09.0.00, and asked'MaYorAvery if he'would con- sider being one of the contest jUdges. Mr. Patroni exPlained f~Nther 9S follows: ~'For the past three years, we have sponsored a TeeDa~9 Baking contest between 13~'a~d 19 years of age~- This year 'there~i~l.be i~20 prizes .worth $45,000.00. They are ~equired to write an essay of 100 words or less of why they would like to go ~o Coilege'~andattaCh-thei~ best recipe. It is judged from~th~eeSaY' standL~i~t f~=s't, and the beat' 24 essays from Miami. tO' For2 '~[e~ce Will?b~ Chosen to bake their recipe at ~he pre- liminary bakeOff. .LaSt ~e,ar'the bake0ff was ~n ~iami, but th~s year it will be 'tn De!ray Beach incur~ S~o~e at41B E'.A~lantic Avenue on November 13& ~4. The"wt~pr O~ the-'prel~mina'~y b~ke~'ff will go ~o Richmond, Va. which is the, grand finals for th~s ares. The winner to receive a $2,,000.00 scholarship~and a tr~p for two to 'the world's Fair and numerOUs~othe= prizes,,,'~'' / ~ ' Mr. Petroni urged all teenagers and parents of teenagers to attend this.contest, and said that .the public was invited.. ~aYor.Avery ~0nsen~ed':t~'be:one 6f the three contest judges, and commended this company and invited other c0mpan£es in-the area to hol~:, their' =~venticns, cont~';:' ~tc. ~n De~=a'Y Beach. 3. City .Clerk Worth!ng read.~he folloWing.!etterfromthe Delray Beach Radio Club',' Inc.., dated october 20;" 1964~ "The.'Delra¥ B"&C~ Ra~i~ '~i[U~:'~nCo '~eques%S' the. use of .the' buildinq'andSfaCi~ities, of'the'Delr&y'Beach Civic center at loo ~,"W."~s~'~ve'~i'"~i~'Beach for Februar~ ~0 and February21,'. 1965'. ' '~ ,.10-26~64 ....... ,... 'L .£ _ _ "We are plannin~ a 'SUNSHINE JAMBOREE', which will be nation- ally advertised in all the leading radio and electronic magazines, and on radio and television. We thank you for your consideration in this matter."- Mr. Cliff Massey of the Radio Club said this was a convention and would be attended bypeople all over the United States, but mostly from east of the Mississippi, and would be held on Saturday and Sunday. Mr. Croft moved that the Council approve this request and that the City Manager be requested tocooperate with the Radio C!ub and work this into the schedule at the Community Center. The motion was seconded by Mr. Saunders and carried unanimously. Mayor Avery commended the Radio Club and its members for their cooperationand assistance during the hurricanes. Mr. Massey reporte~ that ~uring the last hurricane, they had approximately 10 mobile units and a total of 32 units in operation in Delray Beach, and these ~ni~s were t£ed in with'and worked and cooperated with the Police and Fire Departments and the City Manager. 4~a. A roll call showed the following Civic Organizations and representatives to be inattendance: Delray Beach Board of Realtors Mr. Andrew Gent Breezy Ridge Estates .Mr..John Sword Tropic Isle Civic Association Mr. John Varney 5. City Clerk Worthing read a letter from Mr. Richard W. Ward of Fort Lauderdale, dated October 16th, regarding a nuisance abatement notice he had received from the City concerning his property in Block 75, Delray Beach. Mayor Avery commented as fo110ws: "~entlemen, I think a motion is in order because this man made a.specific request, that you direct the City Manager to investigate this, rectify the things that are not his fault and send him the letter of reply that he requested, setting forth what is being done to.-alleviate this situation." It was so moved by Mr. Talbot, seconded by Mr. Barrow and unanimously carried. 5. City Clerk Worthing read the following letter to Mayor Avery from the Committee for a new Baptist College, dated October 20, 1964: "As per our telephone conversation on the proposed Baptist College, I would like to point out several important facts for your consideration. In order to obtain approval from the Florida Baptist Con- vention to build this great educational facility here in Palm Beach County, we must present a complete picture to this august group when they meet November llth in Tampa. One phase of our presentation is to show the cooperation of the municipalities in the County and their desire to have an additional educational facility. I would, therefore, like to ask that your most honored group of Commissioners pass a reso- lution commending the Committee For The New Baptist College and encouraging their efforts to bring this educational fa- cility to our County. A resolution from your group on official stationery would be a vital addition to our portfolio. Other important facts include: 1. The College will.become a multi-million dollar industry. 2. Money received in.fund drives will be spent locally on construction facilities and salaries. 3. There will be no tax dollars used for the College, 4. The College is not seasonal and will operate all year-round. -2- 559 "5. Employment; outside of educational positions, there will be need for management, services, maintenance, supplies, utilities and equipment positions. 6. Housing facilities; members of faculty and staff members will need to rent and buy homes, apartments, etc. 7. Tourism; the College will provide an increase in tourism because parents, friends and business men will visit the College. 8. Cultural events; noted speakers, events, programs, re- citals, etc.' 9. Athletic events; future possibilities here are unlimited. 10. Purchasing power; the average Junior College student in 1954-55 spent $532 a year on purchases such as clothing, trans- portation, laundries and other services. For 500 students, that would be $266,000 a year; for 1,000 - $532,000 a year - remember that $532 figure is ten years old. 11. Civic: Colleges are noted for providing assistance to civic groups. 12. Industry; it is a known fact that Colleges attract in- dustry, and Palm Beach County is trying to expand its in- dustrial growth. 13. Baptist Colleges have students from all religious de- nominations. 14. The new College would be constructed in Palm Beach Gardens. Should there be any questions,' please cohtact me or, if you feel a representative.of the Committee shouldbe present, do not hesitate to call me. Thanking you in advance, I am" City Clerk Worthing then read RESOLUTION NO. 1491. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. ENCOURAGING THE cOMMITTEE FOR THE NEW BAPTISTCOLLEGE TO CONTINUE EFFORTS .TO _LOCATE THIS EDUCATIONAL. FACILITY IN PALM BEACH COUNTY. WHEREAS, there is a possiblity that a proposed Baptist College could be located in Palm Beach County; and WHEREAS, a Committee for the new Baptist College has been actively encoUraging the Florida Baptist Convention to locate this educational facilitY in Palm Beach County; NOw, THEREFORE, Be it resolved by the City Council of the City of Delray Beach, Florida, as follows: 1. That the Committee for the new Baptist College is hereby encouraged to continue its-efforts to bring this educational facility to Palm BeaCh County. 2. That a copy of this Resolution be furnished said Committee as evidence, of the cooperation of the City of Delray Beach and also as evidence of this City's desire to have this educa~ional facility located in this County ..... PASSED and ADOPTED thliS..26th dayof october,. 1964. Resolution No..1491"Was'unanim°usiYpassedand----- adopted on this first and final reading, on. mo~iOn by Mr..SaUndersand seconded by Mr. Talbot. Mayor Avery asked City Clerk worthing to mail acopy of Re- solution. No. 1491 as requested. 5.a. Mr. Barrow asked the City Clerk to read the following letter he had received from Dorothy Bauer, 24 N. E. 7thAvenue, dated October 26th: "I was very much surprized this morning when I found Blank's Nurseries removing 2 of my coconut trees - when I asked who gave the authority to move them, they replied, your City Manager, Mr. Holland. I admit theywere' leaning out over. the alley line. ! have babied and watched these trees grow for years so I feel I should of been contacted first. I have friends and family who would of loved having these trees. I am sure all of you Gentlemen will agree that I am always ready to cooperate. Was, this a fair deal. Where are my trees and who is getting the benefit. - An unhappy tax payer." City Manager Holland. informed the Council that two palm trees had been removed from an alley by Blank's"NurSery as it was cheaper for the City to give trees to a nursery and have them move same than it was for the City to move them. Further, the trees were moved from the alley because they hindered the City equipment from using said alley. The City Manager said the City hadtrees and he would be willing to give Mrs. Bauer two smaller trees to replace-the ones that had been removed from the alley. During discussion Mr. Barrow suggested that the City Manager contact'Mrs. Bauer and Mayor Avery commented as follows: "Would you make a motion that he contact her and be given the authority to do, within reason, what he can do to rectify the wrong.?" It was so moved byMr. Barrow, seconded by Mr. Saunders and unanimously carried. 5.a. Mr. Saunders said that property owners on Seacrest Lane that have just been annexed to the City would like to know when they could be furnished City water. City Clerk Worthing informed the Council that easement deeds had beenprepared for obtaining sufficient easements to lay water lines to those properties, and upon receiptby the City~f said executed deeds, it would be a matter of only a short time before the Water De- partment would be able to commence furnishing necessary employees and constructive effort to supply water to those properties, as 'there is a water distribution line on SeacrestBoulevard. City Manager Holland agreed with the statement made by City Clerk Worthing. Mayor Avery asked the City Manager to consider 'this as-a request to proceed with the engineering in order ~that work on the water line installation can-be started as soon as the easement deeds are obtained. 5.a. Mayor Avery informed the Council that he had planned to bring the City water situation before the Council as a result oran individual having brought in a bottle.of muddy water a few, days ago and asked about the promise of a "clear glass of water." Mr. Dan Neff, Project Manager for Russell &Axon read the follow- ing letter from Russell & Axon, dated October 23rd, 1964, concerning same .. "Subject~ Projec~ No. 6469-3 - Water Works Report '~ City of Delray Beach, Florida In answer to your request,'we are plea~Sed to submit herewith a progress report covering the Water Works Report which we are now preparing for the Cityin accordance with the engi- neering contract for this service dated May 26,.1964. The water works Report, when completed, will cover the follow- .... -4- 10-26-64 561 "lng major subjects: 1. Prediction of water requirements for twenty years. 2. Study of the source' of supply. 3. Treatment study. 4. Study of distribution and storage. 5. Financial considerations. Bach of the component sections of the Report will include re- commendations. -The section on financing will include estimates of cost of the recommended improvements'and recommendations for financing these improvements.~- Portions of all of the major subjects listed above are completed as of this.date, and the Report .is-scheduled for continuous work to completion and for subsequent presentation to the City. At this writing we anticipate that the Report will be complete in rough draft form to present to the City on February 15, 1965. The Report will be discussed in detail at this presentation and, if unusual or unforeseen factors do not arise, we aontemplate presentation of the Report in final on or about March 16, 1965. We wish to assure the City that we are proceeding with the development of this Report at as rapid a pace as is consistent with good engineering practice. Should yoUdesire any amplifica.tion of the information contained herein, we Will be pleased to meet you at your convenience." Mayor Avery p~inted out to the public that the Council had taken steps early in the year and ordered the preparation of a proposal for a feasibility study, and had entered into a contract with Russell & Axon on May 26th, i964, concerning same. Mr. Talbot suggested instructing the City Manager. to endeavor'to alleviate the present situation by perhaps flushing the' water mains by use of fire PlUgs at the dead end points. Mayor Avery said it was his understanding, the City had been on a program of flushing the .wate~ mains~ and asked City Engineer Fleming what the City program was con=erning same and what could be done con- cerning the suggestion by Mr. Talboti City Bngineer Fleming answered: "Our practice has been to flush mains by inspection. That is,_ where water appeared to be.particularly cloudy or rusty. The~ mains were flushed to alleviate the situation. We haven't gone into any overall program of flushing mains-as you suggested because the difficulty arises that we .stir up so much more rust that was already in the lines that we are quite likely to make the situation worse instead of better. Therefore, we have done a minimum amount,, but we do use that method when.we get c0mplaints or when it gets too heavy in any one location." The City Engineer said they either wait for a complaint or observation before flushing the mains. Mayor Avery said he'feltit was the duty of the Council to set the policy they desire concerning flushing of the water mains. During. discussion, City Bngineer ~leming informed the Council that before there would be a great improvement in the ~water, it would take quite a lengthy program, az well as cleaning out ~the basins and retention areas Further, that he would'have to make a detailed study before he could give an approximate cost for such a program. Follo~ing discuSs'iOn, Mr..Talbot moved that .the City Manager in- struct City Engineer Fl"e~mi. ng to prepare a'report.on the advisability of flushing the mains through the fire hydrants, and make a report to the Council on same at'the next meeting. The motion'was seconded by Mr. Barrow and carried unanimOusly.-~ -5- 10-26-64 Mr. Talbot suggested that the City Manager contact the Water Departments of surrounding towns concerning their problems on this item and whether or not they have any set program for clearing their water mains. By unanimous consent, this. suggestion was included in the instructions to City Manager Holland. 6.a. City Clerk Worthing reported to Council as follows: "The publishers of Shopper's Guide, out of Pompano Beach, desire to dis- tribute the advertising publication throughout the'City by means of Rocket Ad Service from rolling, automotive equipment and CO2 propulsion units, and at normal occupational license fee comparable to that~charg- ed for newspaper distribution, rather than the fee for distributing advertising matter, as set forth in the Code of Ordinances, Section 16-11, Paragraph 3, which reads as follows= ~ADVERTISING, agencies, firms, associations, corporations or other persons distributing circulars, pamphlets, or otheradverttsing matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay a license tax of, per day $25.00 and Providing such advertising matter shall not be placed in automobiles or thrown on streets, to be handed out to recipients only.~ A representative of the Shopper's Guide intends to be present at Councilmeeting to discuss this matter and furnish any further in- formation desired." Mr. Bob Weinischke of the Shopperts Guide said he felt some of the objection"to advertising circulars had been that the distribution of same had invaded the privacy of homes and had caused littering. Mr. Weinischke explained the operation of a new device they plan to use called a jet cannon by the Rocket Ad Service, and informed the Council they ~ouldlike to have apermit to deliver their advertising medium and als0 be able to distribute other advertisement for local merchants. Purther, the people employed to do the delivering of advertisement are usually carriers of the Sun-Sentinel or Fort Lauder- dale Newsthat know thetown and the people. Mr. Bill McDonough, Circulation manager of the Sun-Sentinel and handler of the'Fort Lauderdale News in this area, said he would like to clear his organization and stated~ that if he had any carriers that worked with said rocket operation, he would not have them the follow- ing week. Further, that he would object to said shopper being class- ed as a newspaper, and also object to them having the same license fee asa newspaPer~ as the'shopper~does not give a public service as the newspapers do, that iris strictly advertising. Mr. Croft commented and moved as follows: "Inasmuch as our Chamber of commerce represents the business community in town, I think it is fitting and proper that we refer this request to-the Board of Directors of the Chamber of Commerce for them to study and come up with some recommendatiOns~ that theybe apprised of this fUll request that has been put to Us tonight. ! think that would be the proper action for it and I woUld so move.'! The motion was seconded by Mr. Talbot. Mr. Larry Sartory, representing Mr. Robert V. Murray of the Delray Beach News-Journal, informed the Council that in April of 1963, the Delray Beach News-Journal was publishing a shopper,.and at · the same time a shopper called the Advertiser was also being publish- ed in Delray Beach. Further, that a City representative called upon the News~Journal and the other shopper publisher and informed them of the license fee and other conditions governing distribution of advertising matter. Mr. Sartory said the News-Journal stopped their shopper because of said City ordinance, the-other publisher soon stopped his shopper, and he felt the existing ordinance should apply concerning distribution of the Shopper~s Guide. Upon call of roll on the motion ~hat this item be referred to the Chamber of Commerce for study and recommendation, the motion carried unanimously. -6- 10-26-64 ~il~ng ~ ~-. ~nera _~ eleCtL~g__~ was 5:..~all ~uSg ~ei~g -' Emo~ ~of~ sa~..he ~e~U~:. ~o~[on ~-~ and MayO~_ . _, & ED~nee~ed council aS ~- .- ,'The ~{~.. ~pan3 ' _~.~ 'A~c['~_: o~[~ 500, ance- ~, e 196 -'- , erati hat - ~ayS - ' ~a 25, ~,~ co~S~ ~a a~:ee~ ~-.~ ~e~ ilO),' ":-ch, a~ ex~ Z~ounC~ -:%~ $SUV.,~ ' ~e co~ ~ -- ' a~ ~ ~ ~ "S~°~' · " ~ ~-- ' ' ~-- ' oq. 196~ _~'~e be~ . -~ the ~ ~is 8ce ,_. ~hiCh ~io---: - ~very ~ .... ,- a ques ~_ .'.,~h the P - ;, ~tO:~ _~ ;0u18' !~"~a~te~~e~ ;;at co=~e?~:~ p~- -- · az=~-- ~ 'e ~-~:' ' t De ~, , '" · '. --sea ~u*' ~,;:L ~oliCY .a"', -~ Delray ~' _a~ce[~--'._~ seco,~ ~ ~'~O~~ey" ~e aao~e., ..r~ely~ · ~e3 fo~'~~ , .' ' . ~ha% ~ ~i~e · ' . . . - :':.~. 1469' _ _~ ~ou~?., ~ · ~ _, .... some corem= ~.~ :...-,:.?.:~ ~=eseb%e~ - Resolution No. 1489 was unanimously passed and adopted on motion by Mr. Saunders and seconded by. Mr. Croft. Mr. Saunders ~then commented and moved as f~llows= "Our next move, it seems to me, would be to move to authorize the Mayor to execute the trust agreement with the First National Bank, effective January 1, 1963, With said Bank to receive compensation in accordance with its proposal dated September 28, 1964." The motion was seconded by Mr. Croft. city Clerk Worthing then read. said proposal from the First National. Bank, dated September 28, 1964, as follows: "At the request of .John Ross Adams, City Attorney, I submit in triplicate, our fee for acting as Trustee under the City of Delray Beach's Retirement Plan. ½ of 1% of the first $250,000.00 market value of the assets. (To be computed on anniversary date) % of 1% of the market value over $250,000.00. 50¢ a check when retirement remittances are made. $250.00 minimum Charge. Please acknowledge acceptance by signing below and returning the'two copies of the letter to me. /s/ Fred B. Devitt, Jr. Trust Officer I, , For and on behalf of the City of Delray Beach, agree to the above stated fees. ..Mayor Avery asked if this proposal had the approval of the Pension Committee, and was. informed that it did have. Upon call of roll to authorize execution of the trust agreement, the motion carried unanimously. Mr. Saunders said there was a Retirement Committee to be appoint- ed and suggested that Committee be appointed at the next Council meet- ing as it is a very important Committee anddeserves deliberation. Mayor Avery commented: ".I thinkthis Retirement Committee should be on recommendation of your Pension Committee and I will entertain a motion that your Pension Committeebe requested to submit the names of a Retirement Committee." It. was so moved by Mr. Croft and second- ed byMr. Barrow. City Attorney Adams said there were several members of the Pension Committee that the Council would desire on the Retirement Committee and the members may be hesitant in suggesting their own names. Mr. Croft and Mr. Barrow included in their motion and second that the Pension COmmittee not be hesitantin suggesting their own names ~for~possibie.appointment to the Retirement Committee, and upon call of roll, the motion carried unanimously. City Attorney Adamscommented: "You have probably noticed there is no proposal as yet from the Actuary..In this~agreement and also . ' in our Resolution, we set up actuarial duties and I imagine Council is considering the'Wyatt Company as actuary, and I have asked that sometime prior to January first when this all becomes.effective, they submit a written proposal to act in that capacity. Mr. Shively also has an idea of preparing a brochure in a way that this plan can now be presented to all the employees since it is com- pulsory for all of them to belong." Mr. Shively commented to Council '~s follows: "The.next procedure, once you have adoptedyour plan.and~t~d your trust in.effect, which is outlined by signing you~'tTus~ agreement withyour bank, the -8- 10-26-64 565 Mayor signing it and the Attorney will have to approve it as to form, would be the drafting of an employee announcement that you can give to your employees that they can keep. It shows them how to compute the benefits and what they can expect from the Retirement Plan, and along with giving them this announcement, we are happ~ to come up to an employee meeting and let them fire any questions that they have to us. This depends again on how much time it takes, that this meeting would last as to what it would cost the City to do this. Also, we normally prepare an Administrative Manual and this Adminis- trative Manual will permit your Retirement Committee to compute any option under the plan unless it would be a three, life joint survivor, which your actuary would have to do, but the completed Adm/nistrative Manual will be such that by reading it, they'will be able to compute any benefit under the plan that is normally considered as a retire- ment benefit when it comes time, except for the once in a lifetime agreement where someone might want to include their three children as a joint survivor type option. It will include all the factors, etc., if you change any of your actuarial assumptions, then your factors WOuld accordingly be changed for you. These would be sup- plied to you at the time that any change is made." Mayor Avery asked if the proposal from the Wyatt Company could be prepared and brought to the Council at the next regular Council meeting. City Attorney Adams Commented as follows: "Actually, all he wants now is authorization to..proce~d with preparing this brochure or manual.' I be!ie~e t~e.fu~ds.have been budgeted. He wants'the approval to go ahe~ on that'~'' ~ Mr. Saunders-moVed that the Wya'ttCompany be authorized to pre- pare the pamphlet, the motion being seconded'by Mr. Talbot and unani- mously carried. Mr. Shively commented: "The onlything now is to meet with the Retirement Committee and find out what else they want me to perform and move accordingly." Mayor Avery 'answered: "At the next Council meeting, bring us all of the actiOn that is necessary for us to wind th~S'th~g ~pand get it completed." Mr. Shively agreed to do that.. 6.e. City Clerk Worthing informed the Council that Mamie B. Williams of 57 S. W. 5th Avenue has applied for' a'beer. ~nd wi~e license for consumption off the premises, in conjunction with a restaurant at 51 S. w. 5th Avenue~ conducted by Ernest. a~d Mamie Williams. Further, the applicant has been investigated and approved in the'usual manner by the Police Department, and the COuncil may grant or deny the request. The request was unanimously granted on motion byMr. Barrow and secondedlbyMr. Saunders. 6.f. City Clerk Worthing presented the koflowing memorandum relative to the Correction committee, and the following letter to the Correc~ tion Committee, dated October27th, 1964 a~d signed' by Mayor Avery: "Purpose~ A continuing committee, re~re'senting the~entire community, appointed for'the pur~oseof advising the City Council o~ all of the problems of the City Jail, including the care and feeding of prisonersand/~r'any other correctional measures needed in the City of Delray Beach. Members~ ' Mrs. C. W. Vogle~, housewife,;Actin~ Chairman until the committee can select its own~ Mr.-O. C.~laxico, represent- ing the beach com~un~ity~ Mr. James T.' Sm'ith, representing t~e'busi~es~ communi-ty~ Mr. FrankT...Hearst, representing the west' side community~ HonJ w. c. Williams III, Judge ad litem,.representing the Court! Mr. Charles Byron, City 10-26-64 9'~ B66 "Prosecutor; and the City Manager or his representative, (Mr. O. W. Woodard, Jr. has been selected by the City Manager to serveas his'representative on this committee.) Advisors: Chief of Police, ~. C. Croft; City Attorney, John Ross Adams; a dietician from Bethesda ~Hospital (Dr. Steele, after' consulting with his Head Dietician, has assured us that he would provide a suitable dietician for this purpose.)" "To the Correction Committee: It is requested that you immediately consider the problem of f6eding our prisoners at the City Jail. The high cost of this operation, together with the nickname of 'Happiness Hotel', indicates that positive measures should be taken. It is our feeling that a humane, nutritional diet should be provided, but we feel variety, attractiveness and stimulation of the taste buds tend to encourage rather than discourage the users of this facility. We, therefore, request that you: 1. Specify a humane, adequate diet devoid of frills for: a. Working prisoners b. Non=working prisoners. 2. Consult with the restaurant owners interested in bidding on the supply of meals in order that their ideas and con- structive criticism can be incorporated in the specifications. 3. Prepare specifications, solicit and receive sealed bids, to be delivered to the City Manager for opening at a regular CouqCil meeting. Bids should include.the price of meals if 'delivered to the jail, and the price if picked up by the City, 4. After bids are opened at Council meeting, receive the bids from the City Council, analyze and return to the.Council with recommendation of award." Mayor Avery commented as follows: "Gentlemen, when you authoriz- ed me to appoint this committee, you Stipulated that each person on it be both a taxpayer and a registered voter. The members of this committee as presented to you are both. When you appoint a committee of the City Council, it is proper that the City .Council authorize it formally and a motion is in order to approve the appointment of this Committee and the instructions thereto.'~ It was so moved by Mr. Saunders, seconded by Mr. Croft and unanimously carried. 6.g. Concerning elimination of storm 'water entering the sewer system at S. E. 2nd Street and 4th Avenue, the following memorandum to the City Manager from the City Engineer, dated October 21st, was present- ed: "Subject: Storm Water entering sanitary sewer. At the regularCouncil Meeting on October 12th, the Council ordered the installation of an 8" storm sewer to eliminate the storm water entering the sanitary sewer system at a point on S. E. 2nd Street west of 4th Avenue. This 8" sewer would run northerly up the alley from the point in question to S.E. 1st Street thence easterly to intercept the existing sewer at the intersection of S. E. 4th Avenue and 1st Street. A quick estimate of between $2500 and $3000 Was given the Council as an approximate cost of this installation. A more accurate estimate indicates that this cost would be somewhere in the vicinity of $3400. This estimate assumes that 8" corrugated metal coUld be placed at a cost of approximately $3.00 Der lineal foot. In the early part of 1962, Oneman Engineering Co. installed, under contract -10- 10-26-64 "to this city,, a section of 21" corrugated metal pipe at a cost'of $5.00 per lineal foot. If 21" pipe at the rate of $5.00 9er lineal foot were used for this installation the estimated cost would be $5400.. An engineering estimate of the quantity of'water to be carried off at this point when this area is built up indicates a quan- tity of 22% cubic feet per second'. The 24" pipe which I re- commended at the last meeting, at the available grade would have carried approximately. 16 cubic feet per second. The 8" pipe, as recommended for this location, would carry only 8/10 of 1 cubic foot per second but the 21" pipe would carry ap- - proximately 12 cubic feet per second which wil~ be adequate for some time to come. An additional fact not brought out at the last meeting, was that the sanitary sewer which presently carries the water although it is only 8" in diameter at the point of entrance, dumps into a 21" pipe within eight or ten feet of this point, thus for all practical purposes the water is presently being carried by a 21" pipe. I request and strongly recommend that the Council reconsider its decision in the light of this new information, and provide for the installation of the 21" pipe." MayorAve~¥com~en~d 'as follows% "Studies sh~wed that the volu~es 0f'w~t~= and the s~Z~ of the pipe w~s a~eq~te, we author- ized $20S'0~'00'and I'~t~ink' t~s takes $2,900.00 more. I would like to ask the question 9gain. Mr. Neff has stated because _this was. to rel£eve the sanitary s~Wer system'~ i't '~a~.-~ proper' USe'foF Sanitary sewer mon'ies,i~'D0eS th~i.inc!~'ae the additional r~quest', Mr. Neff? Is this a proper use of sewe~ funds 'to r~lieve th~ sanitary sewer system?" ' ' Mr~ N~ff answered= "The direct answer to that question is.that I don'~"thk, nk ~he en£i~e_amount wo~ld be a pr6ber use ~f sewer funds. On the other hand, I think i~e a d~ter~inatlon ~0~'the Council to makebecaU~e this is af9oli6y ~atter. -'I Would Sa~-that the immediate relie[ of 2he ~x~c'2'~ituation there would be a proper use of sewer funds, which would call for an 8" p~pe, but it would not properly provide storm'drainage of'adequate capacity; I don't think, and we have"been'~D'a~!.ns~'~hi~ma~y:.~imes ~e'~'o~e,' that~we '~n. divert too much. sewer ~oney to ~st0rm drainage, .bu~ I 'think this ~s'ia policy matter on.a dividing'line, and I would certainly be willing to go along' frOm""the b°~SUf~ng Engineers '""VieWPOint 'With an~ reasonable acti~ 'tha~ ~he'coUnc~l"~esires to take as a matter of policy." .Following lengthy' ~iscussion, Mr..Talbot moved that the City Manager be ~n.structed to.proceed .to solicit b~ds on an 8 line and a 21" line't0` corre~t"~sakd"emerge~cy; an~ wheff's6ch informat£on is received', a special meeting be called, if necessary. The motion was seconded by Mr. Barrow. Fo~lowingais~uSsio~, Maydr'.A%ery. con~nented a~ f011~': "I .will ph~ase.'a ~oti~..befOr~ 'Y0~'=ote 6~'itl ..The'citY Manager has b~en. directed to caUse'the City Engineer'tO prepare pla~s an~ specific'a- back. to. us at the,earliest.P~sSible, ti~e'even' ff'i~.requires aspe- .cial me~ting.-.~rl Talbo~and.:Mr'-...Bprrp~ agreed .that.was. what ~heir motionand'~eCOnd~.tn~ended~ upOn'call ~f"roX1, the'~ot:ion c~rri'ed unanimously. PolloWing a' suggestion f~Om c~ty: En~inee~ Plem.ing, Mayor Avery ~o~mente~ as ~oXlow~,"'""0ur.'c~'~y:Nngineer.made'a Sug~est~on'to close off this 8". stormdrain-and if an emergencylrequi'~es.; pump out ra'th- er than'use the sanitary 'sewer'syStem. Do I..have a motion." It was so moved ~yMr. Talbpt, seconded b~Mr. Barrow and:unanimously car- ried. Mr. Neff wa~ agreeable tO that procedure. -11- 10,%26'64 6.h. Concerning lots and parcels of land in violation of the City's nuisance laws, City Clerk worthing reported toCouncil as follows: "In compliance with Chapter 15 of the City's ~ode of Ordinances, the City Manager. submits survey report disclosing properties in violation of SectiOn 15-3.. 'Should Council'desire no further information regard- ing this survey, the Clerk should be directed to proceed in Compli- ance with Chapter 15 of the Code of Ordinances, to assure abatement of such allegednuisances, which regulations provide,'in part, for a notice of 'such existing nuisance to be furnished the property owner allowing a 30-day periodwithin which the nuisance may be voluntarily abated. (Copy of Nuisance list is attached to and made a part of the official copy of theSe minutes.) (See Page 57~-A) Mr. Saunders moved to direct the City Clerk to proceed in com- pliance with Chapter 15 of the Code of Ordinances, the motion~eing seconded by Mr. Talbot and unanimously carried. ?.a. City ClerkWorthing informed the Council a request had been received for extension of City water Service to Lot 40, Lake Shore Estates, 2101 N. W. 2nd Avenue, in the form of an agreement, properly executed, and by virtue thereof, said Lot 40 becomes annexable ~ the City. Further, in'view of the Superintendent of the Water Department having determined a sufficient supply of water to exist in the area, it is recommended that this request be granted. The request was unanimously granted on motion by Mr. Croft and seconded by Mr. Saunders. 7.b. Concerning a request for refund of an occupational license fee, CityOlerk Worthing reported to Council as follows: "Mr. Jack R. Crawford, intending to do business as the Crawford Employment Agency at 224 S. W. 5th Avenue, applied to the City and was issued an occu- pational license for such activityon October 9, 1964, the fee for which was $25.00. Mr. Crawford then applied in West Palm Beach for his County license and was informed that same was not obtainable in- asmuch as a new employment agency can onlybe established by an in- dividual who has had three years of agency experience in the State, which~Mr. Crawford did not have. It is therefore recommended that his reqUest for refund be granted." Mr. Talbot moved that the $25.00 license fee be refunded to Mr. Jack R. Crawford, the motion be%ng seconded byMr. Croft and unani- mously carried. 7.c. City Clerk Worthing informed the Council that Mr. Lonnie W. Cook, Sr. had petitioned for the rezoning from R-2 to C-1 of Lots 31 & 32, Block 12, Dell park, and that the Council may deny said petition or. refer same to the Planning/Zoning Board for review and public hearing thereon in compliance with Section 29-7.7 of the Code of Ordinances. Said petition was unanimously referred to the Planning Board for public hearing on motion by Mr. Barrow and seconded by Mr. Saunders. 7.d. The City clerk informed the COuncil that the Cason Memorial Methodist Church, the First Presbyterian, the Congregational and the St. Paul's Episcopal Churches in the City have applied for a permit to solicit funds within the City, house to house, on Halloween Night, rather than promoting "trick or treat", and that funds obtained would be forwarded to the United states Committee for UNICEF for the pur- pose of strengthening the. United Nations International Children's Emergency Fund, and are considered strictly of a charitable and wor- thy cause. Further, in a~cordance with ChaPter 18 of the Code of Ordinances, the Council may either grant or. deny this request. Mr. Saunders moved that the permit be granted, the motion being seconded by Mr. Saundera and unanimously carried. -12~ 10-26-64 569 7.e. City Clerk Worthing informed the Council of a request for side- walk construction ~n a portion of the west side of s. E. 4th Avenue between 4th and §th Streets had been received. Further, in order to proceed with initial steps, principally the obtaining of a signed in- strument expressing the acceptance by the petitioning property owner for such sidewalk, to assessment of certain costs incurred in the construction on a front foot basis, Council determination as to pos- sible sharing of the cost thereof by the City should be determined. Following discussion, Mr..Talbot moved as follows: "I move. that following the custom of the policy in this instance, if there is suf- ficient petitions for this sidewalk for the entire block, the City share on the basis of 80' per cent to the property owners and 20 per cent to the City." During lengthy discussion, the motion died for the lack of a second. During discussion, City Clerk Worthing informed the Council that there was a sidewalk on both sides of S. E. 4th Avenue from 3rd to 4th Streets and on both sides from 6th to 7th Streets, and only on the East side from 4th to 6th Streets; therefore, the Council may want to consider construction of a s!dewalk on the West side of 4th Avenue from 4th to 6th Streets, which would make continuous sidewalk on both sides of S. ~E. 4~h Avenue from 4th to 7th Streets. Mayor Avery asked if that could be done on an assessment._basis either with or without the consent of the.property owners,, to which City Clerk ..w. grt/%~n~, informed~hi.m~ that it could_be if it.was the de- sire of.the Council and~.!f..they felt it ~was foN the best interest of the area. Mr. Croft moved as fo!lows': i~"~. wouid.~o~e that the.~City'Manager contact these Pe°ple and ~ake this 'requeS% and i~' ail the people in that block Want..this s!.de.~walk,. ! w0u!d sal~ that we W.OU!d build the sidewalk on- the'bssi.S of asses.sment that we ~tarted." The motion was seconded ~y Mr...Talbot a.nd .c~rried.~ unanimously 8.a. City Clerk w0rthing presented' ~SOLUTION NO'. 14SS. A RESOLUT.!ON..OF THE CITY COUNCIL. OF THE. CITY OF DELP4%~Y BEACH, FLORIDA, URGING THE .STATE ROAD DEPARTMENT AND OTHER .OFFICIALS TO CONSIDER THE CONSTRUCTION 'OF THE INTERCHANGE OF STATE ..ROAD 9 (.I~-95) AND. STATE ROAD 806 · (~0PY 'of ReSOl~tio_n No, 1488 is attached to 9nd 'made a part of the official' copy of these minutes. ) ' ' (See~ PmEe ' Reso'iu~i~n No2 i488 was unanimously passed and adopted on this first"' an~' final reading, on motio, n by. Mr. Talbot and seCOnded by Mr. Barrow. c ty Cler orth ng'p es"n.'ted' OEL~A¥.B~-ACH, .fLORIDA, AN~,.X~G TO T~ D~..~RA. Y.~ B..~C~ CERTAIN: LAN~, .:~.¥ ~O~ . SH0~E,:ESTATES,. WI~_ICH. IAND~ IS .~COl~.. [I~UOUS I. STiNG~.MuNIC. tPA~; 'LIMITS, OF: SAID CITY~ REDEFINING . THE-B0,UNDARIES..~QF.'SAID,.C!,Ty TO~ INgLUDE SAID LAND; PRO~F&DINs FOR'THE RIGHTS AND' OBLIGATIONS OF SA~D . LAND~ AND .~ROVID~NG FOR THE ZONING THERE. O~, Ordinance No. G-5~5. ~as unanimously placed on first reading on motion .by ~b:...Croft. and sec0nde~<, bY ~.[, Talbot.. dated october.21.,.. ~1964,~ ,. ' ' -13- 19-26-64 570 "At the regular-Planning Board meeting on October 20th, 1964, a motion was made by Mr. Lankton, seconded by Mr. Hanna, and u~animously approved to recommend to Council that Mr. Andrew Gent be appointed to .the Board to fill the unexpired term Of Mr. Richard Jebb, expiring September 28, 1967, 'who resigned, and that Mr. John H. Davis be appointed to fill the vacancy on the Board created by the expired term of Mr. James Sinks,who declined a reappoint- ment to a five year term" Mr. Croft moved that Mr. Andrew Gent and Mr. John Davis be 9ointed to fill the terms on the Planning Board as recommended, the motion being seconded by Mr. Talbot and unanimously carried. 10.x. The City Clerk read the following memorandum from City Manager Holland, dated October 26th, 1964= "Re: West Side Recreation Advisory Committee. At a recent Council meeting, the City Council reappointed our existing West Side Recreation Advisory Committee. Letters dated October 23rd from M~s. H. Ruth Pompey, and October 26th from Mr. David J. Smith indicate they do not feel they care to serve on this committee for.the coming year. My recommendation for filling these vacancies would be Mr. E. W. Risker and Mr. Leonard Jones, who are both well quali- fied and who could contribute to this effort." Mayor Avery informed the Council that the first action would be to accept, with regret, the resignations of Mrs. H. Ruth ~ompey and Mr. David J. Smith and send appropriate letters, thanking them for their wonderful service to the City. It was so moved by Mr. Croft. The motion was seconded byMr~ Saunders and carried unanimously. Mr. Croft then moved that Mr. E. W. Risker and Mr. Leonard Jones be appointed to fill the two vacancies on the West Side Recreation Advisory Committee, the motion being seconded by Mr. Talbot and unanimously carried. Mayor Avery asked that the letters of appreciation be sent over his signature. 10.x. Finance Directo~ Weber informed the Council that City Manager Holland desires to purchase office furniture for the Master Lift Station, alsoa radio for the Sewer Superintendent's truck, the money to be transferred from the Contingency Account of the Wate~ 'and Sewer Fund, which would entail transfers from Account No. 915 858 800 to No. 915 460 622 in the amount of $315.00 for office furniture and to Account No. 915 460 629 in the amount of $460.00 for the radio, totaling $77S.00. The transfer of $775.00, as recommended, was unanimously approved on motion by Mr. Talbot and seconded by Mr. Saunders. Finance Director Weber informed the Council that $1,700.00 had been appropriated for an automobile for the Fire Department and the low bid for said vehicle was $1,852.00; therefore, a transfer of $152.00 was needed from the Contingency Account to the Fire Depart- ment Account No. 910 230 621. Mr. Croft moved that the transfer, as requested, be granted, the .motion being seconded by Mr. Barrow and unanimously carried. Finance Director Weber reminded the Council that the amount of money budgeted for the Fire Department to install air conditioning the Beach F~re Station was $400.00 and there is a request at this time for an additional $200.00 to be transferred from the Contingency Account to the Fire Department Account No. 910 230 629. -14- 1~26-64 571 Said transfer was unanimously approved on motion by Mr. Barrow and seconded by Mr..Croft. Finance Director Weber informed the Council that there was a fence required at the Central Garage and South water Plant and recom- mended that payment for same in the amount of $494.00 be transferred from the Contingency Account of the water and Sewer Fund to Account No. 915 430 605. Said transfer was unanimously approved on motion by Mr. Croft and seconded by Mr. Barrow. 10.x. City Clerk Worthinginformed the Council that due to a recent sale of the Home Food Shop, Mr. Nick J. Favitta, the new owner, has applied for transfer to his name, of the Beer & Wine License'for con- sumption off the premises, for that business located at 532 East Atlantic Avenue. Further, the applicant had been investigated and approved in the usual manner by the Police Department. The transfer of said license was unanimously authorized on motion by Mr. Croft and seconded by Mr. Talbot. 10.x. City Clerk Worthing presented RESOLUTION NO. 1490. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, PERTAINING TO CERTAIN ACk. TS IN FIRS? ATIO L BANK OF WHEREAS, it. is deemed, necessary for the daily operation of the Finance Department. of the City 9f Delray Bgachi Florida, that changes be made pertaining to the bank accountS the City has With the FirSt National Bank of Delray Beach, De!ray Beach, Florida; NOW, THEREFORE,. Be it resolved by the City. Counci! of the City ~of Delray BeaCh, Florida, as follows: Section 1: That the account named ".C~ty of'Delray Beach, water Fund-Operating Fund"., n~mber Q0-013-3, be changed.to "~ity~of Delray Beach - Water Revenue Fund". section 2: That a new account be open~, entitled, "City of Delray Beach - Water OperatSng & Maintenance Fund". SectiOn 3: That a new account be Opened, entitled, "City of Delray Beach - Utilities TaX certificates Principal & Interest Redemption Fund". Section 4:_ .That all checks, drafts, notes or orders drawn against said accounts, shall be_sig~ed in accordance with the blanket signature card he~tofore furnished the First National Bank of Delray Beach. Passed and adopted this day of October, 1964. Resolution No, 1490 w~s' Un~i~o~s!y passed and adopted on this first a~d final, reading on motion~yMr...Saunders and seconded by Mr. Barrow. 10.a. city Pres n e ' a from City At orne Adams in the amount of $250~00 for extra services in connection with the retirement plan o~ ~ity employees, and also p~esented ~iils ~or Approval as foll~WS: 10-26-64 General Fund $ 96,059.61 Water Operating & Maintenance Fund 4,178.92 Improvement Pund 3,725.30 Special Trust Account ~' First National Bank of Delray Beach 95,594.21 The Bills were unanimously ordered paid on motion by Mr. Croft and seconded by Mr. Barrow. The meeting adjourned .at 10=15 P.M., by order of Mayor Avery. , R. D., _WORTHING CitY' Clerk APPROVED: ~AYoa -16- 10-26-64 57a-A RESOLUTION NO. 1488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE STATE ROAD DEPARTMENT AND OTHER OFFICL~L$ TO CONSIDER THE CONSTRUCTION OF THE INTER- CHANGE OF STATE ROAD 9 (I-95) AND STATE ROAD 806. ~EREAS, the City Council of the City of Delxay Beach, Florida, is aware of the aCUte and critical need for additional highways Co serve the rapidly growing population of South Pah~ Beach County~ and WHEREAS, the State Road Department of the State of Florida will begin construction in the in~nediate ~uture of State Road 806 ~est Atlantic Avenue) and portions of Interstate Highw~ 95 in Palm Beach County! and WHEREAS, the officials of the County Board and the various municipalities diligently cooperated with the State Read Department, and a right-of-way of 300 feet in width through the area in question was acquired several years ago at a relatively small cost to the County~ NOW, THEREFORe, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the appropriate officials of the county, State and Federal governments are hereby advised that there is an imperative need for the immediate construction of an interchange serving State Road 806 and Interstate Highway 95 (State Road 9). 2. That the reasons for this conclusion are: (A) That a significant financial saving' may be realized b~ concurrent construction of said interchange and State Road 806. (B) That the residents of Delray Beach, South Palm Beach County, and ~ur seasonal visitors will have to contend with only one major east-west artery construction period if con- current construction can be arranged, (C) It is imperative that early provision be made for an arterial highway of this caliber to serve Florida Atlantic University, Marymount Collage, St. Andrews SohooI and other rapidly growing institutions in South Palm Beach County. (D) That recent population gains have already demonstrated that our north-south highways are c~uple~elM inadequate. (E) The Federal government has indicated the availability of Federal funds to cover their 90~ share of the cost of construction of Interstate ~/ghway 95, subject to init~ated action by State officials and a willingness to expend their 10% of the construction costs. UNANIMOUSLY adopted this 26t..h. day of October 1964. , , /s./ AL. C. AVERY ATTEST: M A Y O It /,s/R. .... City Clerk PROPERTIES~!NVIoLAT%oN~OF ~OP~X.NANCS NO. G-147 ~ SEC~0NS l~-~ & 1~-4 o~ ~ c~-~ C0D~. PRO~R~ . C~TY O~R ~D~ D~C~OS' ~o~ ~u~st Huber 3~3 Hallock ~t. S 50~ of N 161~ :- ~tt~sbu~l~ '~f'~.i~5~ ~ 15-3 & ......... Pe~a ........ BleCk 126, 15-~ Cornelia Robb 1402 N. Swinton Ave. West vacant~rt of ~o~son Delray. Beach, F~a. ..SOU~ half of Nor~- east ~arter of ~t 15-3 a 7, less W 200' and 15-4 E 33', Section 8~46-43. Melville L. a P.O. Box 337 ~t 4, Block 66 15-3 & Sus~ B. Bro~ Delray Beach, Fla. 15-4 Hugh W. a 622 S. E. 3rd Ave. ~ts 1 & 2, Block 12, Rose ~.Markey .Delray Beach, Fla. Dell Park 15-4 Doro~y C. Bennett 3200 N. E. 36~ St. ~ts 3 & 30, Ap~. 317 Block 12, 15-3 ~ Fort ~uderdale,Fla Dell Park 15-4 D..M. & ~lma B. 142 N. E~ 5~ Ave. ~ts 28 & 29, Bradshaw ~lray Beach, Fla. Block 12, 15-3 a Dell Park 15-4 A. Simon Eassa P.O. Box 35 Lot.32, Block 9, 15-3 & Delray ~ach, Fla. Dell Park 15-4 Arth~ J. ~r., & Sh~p~s Point West 108.~7 feet o~ Muriel S. Gr~es Easton, Md. East 315 feet of 15-3 & North !19 feet of 15-4 South ~51 feet of ~t 10, Section 8-46-43 ~onard L. Surles 258 S. E. 6~ Ave. South 14 feet of ~t 5 & George-E. & DeIray Beach, Fla. & ~rth 36.2 feet of ~arlotte K. McCoy~ ~t 6, less W 5 feet, 15-3 Block 117 & 15-4 Submitted to the City Council bM the City Manager this 26th day of OCtober, 1964.