11-18-64SpMtg NOVEMBER 18, 1964.
A special meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 8:00 P.M., Wednesday,
November 18th, 1964, with Mayor Al. C. Avery in the Chair, City
Manager Robert J. Holland, City Attorney John Ross Adams, and Council-
men Emory J. Barrow, J. LeRoy Croft, Jack L. Saunders and George
Talbot, Jr., being present.
Mayor Avery called the meeting to order and announced that same
had been called for the purpose of considering a petition for per-
missive use of a portion of the Intracoastal Waterway and City owned
land at S. E. 10th Street for the operation of a sightseeing cruise
operation, and for any other business which may come before the meet-
ing.
An opening prayer was delivered, by City Clerk R. D. Worthing.
The Pledge of Allegiance to the Flag of the United States of
America was given°
Mayor Avery announced that every person wishing to be heard on
this controversial subject would be given unlimited time following
the presentation of the application by Attorney John H. Adams and
the presentation ofcommunications,concerning same.
Mr. John H. Adams, Attorney for captain OsCar F. Woods, addressed
the Council as fol!oWs: "I requested, as you recaI1, an audience
with the Council, preferably private, in an effort toeIiminate and
resolve the legal acceptability of any request of thus 'nature. This
meeting Was held the other day,. but you didn't allow it to be'private;
the newspapers wererepresented. The matter at'that meeting was what
route to proceed with; whether it be a lease type request or a permit
type request. You resolved against me in-favor of the permit type re-
quest, feeling that a better and closer check, if this matter be grant-
ed, could be held and had over this particular Operation. I would
like to submit that this is What I request be inserted on the back of
the OCcupational Lic'ense~ ':
'This License andPermit shall allow 'Captain Oscar F. Woods to'
berth and operate a.sight seeing excursion boat from the City
owned tract of land lying East of S. E. 6th Avenue at S. E.
10th Street, except that he may not interfere with the present
use of the North 70 feet thereof. .
This ~ermit is conditioned upon the fact that said operation
shall not become a nuisance and any improvements to be effected
on the subject'property ~ha~l be done at the expense of Captain
Woods and Upon the-expiration of the permit, said improvements
shall be removed by the licensee upon the request of the City
Council.
Any improvementsbeyond piling, 'paving and docking facilities
must be separately approved by the City Council.
captain Woods shall hold the Cityharmless from any and all
loss that it may Sustainlby reason of the use of this land and
shall provide the City with an insurance policy, commonly known
as owner's, landlord and tenant liability insurance with limits
of $100,000.00 and'S300,000.00 cover.age, and .$25,000,00 property
damage, .and Shall cause the same to be in force during all peri-
ods covered under this permit.
This license is n0ntrans£e=able except that licensee may trans-
fer it to a coTDoration so l~ng as he holds controlling interest
in said ~xpora~ion 11-18-64
'This license may be revoked at any time, upon a determination
by the City Council that the operation constitutes a nuisance~
provided Said nuisance has not been abated within 15 days follow-
ing receipt of notice o~ such violations.
The Council, in its discretion, may cancel the Permit portion
of this license upon ninety days written notice prior to the
end of any license year.'
With your authority, I have drafte~ this request under the scruti-
ny of your City Attorney, Mr. Adams, and I would like to formally sub-
mit that we would like to have an occupational license and permit
issued with this conditi~nal endorsement on its reverse side."
City Clerk Worthing read letters from the O'Neal-Priest:Post 4141
of the Veterans of Foreign Wars, Business & Professional Woman's Club,
Mr. W. Cottingham Allen, and Mr. William C. Burton, Manager of the
Sandoway EaSt, Inc., also a petition signed by seven residents, all
favoring the Council granting a license or permit for the requested
boat operation.
A Resolution, passed and adopted at the special meeting of the
Delray Beach Chamber of Commerce, held on the 13th day of November,
1964, was presented, requesting' the City of Delray Beach to cooperate
with Captain Oscar F. Woods so as to authorize Captain Woods to berth
and operate his cruise line stern wheeler boat at the City docking
facilities at S. E. 10th Street and recommending that the City inves-
tigate the possibility ofaffording berthingfacilities for said boat
closer to the downtown'area at some time in the. future.
Mr. Alfred Ward, 715 S. E. 10th Street, presented the following
petition signed by 26 area residents:
"The undersigned residents and taxpayers in the area around
the so-called 'Tenth Street Boat Ramp' and Knowles Park in
the City of Delray Beach are informed of the posslble interest
the City Council may have in encouraging or permitting the use
of Knowles Park as an operating base for an excursion boat to
operate on the Intracoastal Waterway. All of the undersigned
are convinced that any commercialized Operation, and particularly
such a one as has now been proposed, will constitute such a nui-
Sance as to effectively reduce the market value of residential
property in and around this general area. We therefore, here-
with, petition the City Council to refuse permission for the use
of Knowles Park as a base of operation for the so-called 'paddle-
wheel river-boat '."
Mr. Ward also read a clippingfrom the October 28th Sun-Sentinel
newspape~ concerning.the .Council a~d Ca~tain'woods looking over
possible docking sited for said c~ise boat,
Mr. Ward Robinson, 936 Seasage Drive, asked if there had been any-
thing discussed about hours of operation'or other City control over
the operation of said cruise boat, at the meeting with Mr. Woods and
his Attorney.
Mayor Avery informed Mr. Robinson that the things discussed con-
cerned City control if a nuisance should exist regarding said boat
operation.
Mr. Robinson read an item from today's Miami Herald concerning
the meeting held with the Council about the boat operation.
Mr. Robinson then presented the two following petitions to the
Council; one from the Board of Trustees of the Beach TaxPayers League
was signed by 12 trustees,and the other petition was signed by 45 res-
idents of the Seagate area:
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5~7
"~e undersigned Membe=s of the Board.of Trustees of the Beach
Taxpayers League are cognizant of the proposal to employ Knowles
Park (on the West bank of the Intracoastal waterway, approxi-
mately opposite the intersection of South 10th Street and the
north-bound Federal Highway, Delray Beach) as the site. for a
base of operations for an excursion-type, paddle-wheel river-
cruise boat. We are individually and collectively convinced
that whatever small advantage might be hoped for - either as
increased revenues for local merchants or as a so-called
'tourist attraction' - would be offset many times by the sharp
reduction in the market value of nearby residential properties
(on either side:of the Intracoastal waterway) which would cer-
tainly result from the institution of this type of operation.
We therefore strongly oppose the use of Knowles Park for this
purpose, or, indeed, for any commercialized purpose."
"The undersigned residents and/or taxpayers in the general area
of Seagate and Seagate Extension in the City of Delray Beach are
much concerned about'the favorable view which the City Council
is apparently taking toward the establishment of an operating
base, at Knowles Park, Delray Beach, for a so-called 'paddle-
wheel river-boat' which might operate as an excursion or cruise
boat on the Intracoastal Waterway. In the opinion of each of
the undersigned, any commercialized operation at Knowles. Park,
and particularly the one now propospd,.will constitute such a
nuisance'as to reduce materially 'the marke~value of residential
property in our are~.' we.therefore petition the Counci! tO re-
fuse to permit such an 'operation and/or .to cancel' any f0~mpl or
informal' arrangement along these lines which may already have
been made."
During lengthy comments and reading of a letter to the COuncil, Mr.
Robinson emphasized the~importance of the following~ por~ionof said
letter:
"I am also. asked to pass on to the City Council the'many times.
repeated, request that orderly control of the boat, whether at
dock or eh-route should be 'StiPulated in order to minimize
noise. Not everyone waits until eleven P.M. to retire,'~nd a
rock and roll record pIayed at top pitch on a juke box over
noise carrying water can be as much of a nuisance at nine .P.M.
as at two A.M. And the disconcertingly loud laughter or singing
of those in the thrill of the party spirit can be .just as Serious
a disturbance."
Attorney John. H. Adams presented the following.Petition with 587
signers to same:
"We, the undersigned petitioners, request the City Council 'of
Delray Beach, Florida to favorably act upon the request for
permission of Captl oscar F. Woods to locate and operate his ~.
scenic crUis~ boat"at 'S. Ej10th Street' cabal location. We
feel this would be an additional high type recreational
facility, 9dvantageous to this City."
Attorney Adams stated that 81 of said signers of the petition
lived in the vicinity of Delray Beach and that all the other signe~s
lived within the'City limits of Delray .Beach.
Mr. James H..~.Barnard, 11 N. E. 17th Street, of Robert Roy Insurance
Agency, informed t~e Council ~hat-Mr. WOods c~uld obtain insurance in
excess of the amounts stiP~iate~i!~'inlthe proposed =ondi~ion&l endorse-
men~ on a license, if same was ~i~s~ed..to Mr~ woods, j'
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Mr. Alfred war~, Miss Eleanor A. Slothus, Mr. and Mrs. J. Ripley
Kiel, Mr. W. C. Sampson,.Mr. Joseph K. Costello, Augustin Engelhart,
and Mrs. James Ellis, all residents of Rio Del Rey Shores S/D directly
North of Paul Knowles Park, objected personally to the docking of
said cruise boat at the P~ul K~owles park, giving their reasons for
same, and commenting on sufficient parking, insurance coverage,
property depreciation, consideration of other sites for docking of
said boat, zoning, and sewage, as did Mrs. Hugh Spilsbury, Mrs. John
Garvin and Mr. A. J. Underwood~ of the Seagate section across the
waterway from Paul ~nowles Park.
Mr. Donald Jackson, Mr. Frank Clifford and Mrs. Edward Hoffman
highly recommended Captain Woods and said they felt the boat operation
would be a definite asset to.the community%
Mr~ John Alianell said he felt Paul Knowles Park was a good lo-
cation, and the success of a business depended .on a good location.
Proposed locations for the docking of said cruise boat were the
City Park, the area just north of the City Docks, and a location in
Tropic Isle Subdivision.
Mr. James Bowen objected to the location north of the City Docks
being considered for the cruise boat.
~During-discussion~ it was pointed out that there was a boat yard
immediately south of the Paul Knowles Park and a filling station to
the north of it, and there were noises from both of these operations.
During comments, Mr. Dugal Campbell, 415 Andrews.Avenue, pointed
out that the objections are ~not against operation of said cruise boat,
but to its dockage at Paul ~nowles Park, and suggested that Mayor
.Avery appoint a committee consisting of Mr, Woods or his representative,
Mr. Ward Robinson or someone representing that area, and one member of
the Council, said Committee to ~ct fast and study the possibilities of
other locations. Further, that he was aware of one or two possible
locations for the boat that had not been mentioned at this meeting.
Following a question as to the license fee for said boat operation,
City Clerk Worthing stated the license fee was $25.00.
It was pointed out that this boat cruise operation would not in-.
terfere with the use of the boat ramp at that location, which was
covered in the proposed conditional endorsement on said license.
Mr. A. J. Underwood, 1033 Seasage Drive, inquired about a dockage
fee for the cruise boat. City Attorney Adams said the dockage fee
would be a policy decision of the Council° Further, Captain Woods had
indicated that he wanted a five year lease with the City, but the
Council felt that would not be wise at the-present time, and were con-
sidering granting a permit and license with a conditional endorsement.
Mr. John Banting informed the Council that he, as well as many
other residents, are frequent users of the 10th Street boat ramp, and
questioned there being sufficient parking available for the users of
the boat ramp and the cruise boat operation.
Concerning zoning, City Attorney Adams stated that the City of
Delray Beach Zoning Code does not specificallypermit or deny the
operation of a cruise boat, but there is a provision in the Code'that
if an uncertainty exists in the zoning map, regulations or restrictions
as the map is applied, the City Council can determine any ambiguities,
which would take care of the Council giving a license for the cruise
boat. operation in the Intracoastal waterway, but there would be nothing
of a commercial nature on the land in the R-1AA zoned district.
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Mr. Roy Simon, President of the Chamber of Commerce was in agree-
ment with Mr. Campbell's suggestion of a committee for immediate
study of boat berthing sites and pointed out that their Resolution
recommended that the City investigate the possibility of affording
berthing facilities for said boat closer to the downtown area.
Mr. Jim Wilson, a resident of the east side of town and a merchant
in the general business areaon Atlantic Avenue, suggested, in the in-
terest of harmony and reaching a decision that is just, that a decision
on this item be postponed tonight and a committee, as suggested by Mr.
D. Campbell, be appointed to consider other docking sites.
Following a two minute recess called by Mayor Avery, Mr. Jim Wilson
stated he had been informed it was highly desirable that this item be
settled one way or another tonight; therefore, he would withdraw the
suggestion he had made, an~ suggest if the license and permit is grant-
ed tonight for the 10th Street location, that it be on a temporary
basis for that location, and more suitable locations be considered as
quickly as possible.
There being no further comments from the public~ Mayor Avery asked
the Councilmen if they had anything to offer or discuss concerning
this item.
During comments, Mr_. Croft .~s~id that after considerable thought
and .investi~ati0n~, the I0th Street location seemed'the, most feasible
from the standpoint 6f it being easily accessible and'providing the
parking, etc. with the 1east outlay Of cost.
During comments, Mr. Saunders stated that he was in favor of the
boat, and also in favor of the recommendation of the Chamber of
Commerce in endeavoring to find a more Suitable place for the boat to
dock~
Mr. Talbot said he had been in favor for several years of'the im-
provement of the City Park north Of Atlantic Avenue to the extent of
the installation of a sea walt, which would be an ideal location for
the boa~ to dock~ and following further comments moved as follows:
"I move that thi~ license be granted,' and to'be incorporated in this
motion is the point that ....... in ~aking the.motion, it is of a
tempprary nature, looking forward to a better location and ~ne that
is completely su~isfactory to all residents."
Mayor Avery explained that the motion is that the application be
granted, with the addition that a research be made for a better lo-
cation.
The motion was secondsd by Mr. Croft.
City Attorney Adams C0~ented. as follows: "The way ~this license
andper~it is'written., an~ improvements beyond piling..,~pa'Ving and
docking facitiei~s must be separ~tely.,appro~ed by' the Cihy council.
I believe tha~ probably the word paving should be stricken, so that
they would not have the privilege of making any improvements to paving
until they get ~eparate council"acti0h. ~e. on]y improvements they
could make then ~,ou3d be ~iting:~nd docklnq, Any.other.improvements
would have to be by sept. rate 'appr~vn! of ~]{~ Council."
Mr. Talbot and 5~o Croft accepted this change to their mo~ion and
second and Attorney John H. Adams said .that was acceptab].'e to the
applicant.
CitYAttorn~y Adams'~ommented'fur~ther: "The next to last paragraph
of.the conditions reads that this liCenSe may be revoked at any time,
upon a determination by the City Council that the operation~.constitutes
. ~- ~. 11-18-6'4
a nuisance, provided said nuisance has.not been abated within 15 days
following receipt of notice of such violations. It is my understand-
ing that you wish to make this absoluteIy temporary and cancelable at
your will, or do you want to first have to determine that a nuisance
exists? It seems to me that you were qualifying the terms of the
license in yourmotion."
Mr. Talbot said that he did not intend to qualify the terms of
the ~icenee'in his motion.
Mayor Avery asked the City Attorney to make an explanation con-
cerning liability insurance, and City Attorney Adams commented as
follows= "The insurance was put into this conditional lioense upon
the request of the City merely as protection to the City in the event
anybody had.the misfortune of falling or had an accident at any. time
they were in our City park area. Of course, we realize this isn't
adequate protection for the City as a wh01e. The City has a compre-
hensive liabilitypolicy, and this is just added protection to hold
us harmless from any kind of accident. The point I did want to make
just a minute ago is that you understand if you want to revoke this,
you do have to declare it a nuisance, following a 15 day notice."
Upon call of roll that the application for a license and permit
for the cruise boat he granted, the motion carried unanimously.
Mayor Avery complimented the audience on their behavior and con-
sideration.
The meeting adjourned at 11=10 P.M., by order of Mayor Avery.
R. D. WORTHING
City Clerk
APPROVED
....
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