01-14-63 JANUARY 14, 1963.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at'8:00 P.M., with Mayor walter DietZ in the
Chair, City Manager Robert J. Holland, City Attorney J~hn Ross Adams
and Oouncilmen A1 C. Avery, ~ory J. Barrow, George .Talbot, Jr.,'and
Oliver W. Woodard, Jr., being present.
1. An opening prayer was delivered by the Reverend J. William Nabors.
2. The minutes of January 7th, 1963 special meeting were unanimously
approved on motion hymn. Avery and seconded by Mr. ~odard.
3. There were no public requests from the floor.
4. Mr. Barrow was asked to read the Beautification Committee Meeting
minutes ~f~Thursday, Jenua~10, 1963 which are as follows=
"Those present were= Bud Merritt, Gla~ys. Little, Clarence
Galinat, Stuart Lankton, Charles Toth, Wade Cartee,.Peg Bowen.~
Mrs. Frank Carey, Marjorie Evaul and visitor, Mrs. Canning.
1. "Minutes of the previous meeting were corrected to read;~
'The Allamanda Club awarded a scholarship 'to Wade Cartee
to attend the Short Course in Landscaping at the University
of Florida.'
2. "A motion was made by Mrs. Little, seconded by Mr. Galinat
to ask Mr. Barrow as a member of the City Council, to be-
come a regular member of the Beautification Committee."
Mr. Avery then moved that Councilman Emory J. Barrow be appointed
as a regular member of the Beautification Committee, the motion being
seconded by Mr. Talbot and unanimously carried.
Concerning Item 1 of said minutes, Mr. Talbot moved that the City
extend most sincere thanks and compliments to the' Allamanda Club for'
this worthwhile civic project. The motion was se~gnded by Mr.. Avery
and carried unanimously. ~
4.a. A roll call showed that the following Civic'Organizations and
representatives were in attendance.
- Chamber of Commerce Mr. Kenneth Ellingsworth
League of Women Voters Mrs. Frank Carey
Business & Professional Women's Club Mrs. Alyce Husa
Kiwanis Club Mr. Keith Richter
5. There were no public releases.
6.a. It was reported that Mr. Donald E.' Seeley, operator of the
Dixie Quality Market at 445 West Atlantic Avenue had applied for a
beer and wine license, consumption off the premises, in conjunction
with the retail sales of the market, further that the necessary in-
vestigation of the applicant, in compliance with Code of Ordinance
requirements, had been made, resulting in his approval, an~ that it
is recommended the request be granted.
Mr. Talbot moved that the rec$/est be granted, it being seconded by
Mr. Barrow and unanimously carried.
6.b. It was reported that Mr. F~ward A. Petosa, vice president of
Helper, Inc., had applied for a liquor license in conjunction with
the operation of the Arcade Tap Room at 415 East Atlantic Avenue.
Further, that the usualinvestigation had been ma~e in compliance
with local and state regulations, resulting in ~'~e applicant~s ap-
proval by Chief of Police R. C. Croft, as well as the State Beverage
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Department, and that authorization is requested to issue the license
applied for, all requirements having been met.
Mr. Avery moved that said license be granted. The motion was
seconded by Mr. Woodard and carried unanimously.
~.c. It was reported that with reference to the temporary pipe line
and beach disposal easement, dated November 20, 1962,-between the
city and the United States of America through its U, S. Army
Engineering District's office in Jacksonville, as approved by Council
on November 12, 1962, the U. S. Army Corps of Engineers have re-
quested aa'follows:
1, That the time limit of 30 days for possible activity on
the beach relative to ~isposal of waterway dredged material
be extended to 60 days, and
2. That the City of Delray Beach agree to provide ramps and
safety precautions, and maintenance thereof, for vehicular
traffic over'the various pipelines located upon the rights
of way, as set forth in the easement deed and established
for the trahsmission of dredged material from the waterway
to the MuniciDal'Beach.
Following lengthy discussion and comments COncerning the disposal
of the dredged material from this operation of the U. S. Army Corps
of Engineers, Mr. Talbot moved that theCo~ncil approve the amend-
ments to the original easement d~d dated November 20,'1962, the
motion being seconded by Mr. wo~Tar~ and unanimously carried.
6.d. AuthoriZation was requested for effecting the following transfer
of funds.
1. From Recreation Director's salary, 910-710-101 to City
Manager account 910-121-629, to cover purchase .of radio
for City Manager. $822.00
2. From Contingency account 910-858-800 to City Hall account
910-351-629, to cover purchase of night depository.. $360.00
3. From Contingency account, 910-858-800 to Fire Department
account 910~230-302, to cove~ cos~ of overtime"and volunteer
salaries to extinguish fire of City's sanitary land fill.
$596.00
Mr. Avery moved that item 1 be approved, the motion being seconded
by Mr. Talbot and unanimously carried.
Following a question by Mr. Avery, Finance DireCtorWebe~~ informed
the Council that the pre~ent balance in the Contingency Fu~d is
$30,144.00 and that the original amount had been $52,090°00.
Mr. Avery then moved for approval of item 2. The motion was
seconded byMr. Woodard and carried unanimously. It was reporte~
that the night depository was being used.
.~r. Talbot moved for approval of Item 3, the motion being seconded
by'~4r.~Barrow and unanimouSly carried.
6.e. Regarding consideration for operational change concerning Lawn
Bowling activities,~ City Manager Holland informed the Council that
it had come to his attention from~r~.~..B~. ,GOrdon, who is now
sponsoring Lawn Bowling, that this s£~aticn where the City has
a large investment in an operation ~at th~¥hav~.'control over,
and that there is no specified appropriation in the budget for this
project.
It was reported that three sets of bowling balls, a cabinet to
store them in and lights are necessary equipment for the operation of
the Delray Beach Bowling Club, which items would c~t approximately
$500.00 to $600.00 to.provide.
City Manager Holland stated that what he was interested in is the
policy that the Council may want to set as to how he is to operate
this function, that he is willing to continue as Recreational Director
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in order that the salary budgeted for same may be used for other
needs such as the Lawn BOwling. That if this is a City function, he
will see that it is taken care of.
Mr. Avery then moved that the City Manager be instructed that. the
policy of this Council-is to keep this Lawn Bowling facility in as
fine condition as possible in keeping with the money available and
good business practice, and the recognition of the Delray Beach Lawn
Bowling Club as such. The motion was seconded by Mr. Talbot.
It was suggested that this operation be placed on the same basis
as tennis and that the Lawn Bowling Club be designated as the Advisory
Group for same and that the Shuffleboard Courts be placed on the same
status.
Mr. Woodard stated that the Recreational Advisory Board had dis-
cussed the Lawn Bowling and Shuffleboard programs, that they are com-
ulex, the status of them is not clear and that they should be looked
into. Further, that he felt that these operations should be referred
to the Recreational Advisory BOard for their investigation and report
to Council,
There was lengthy discussion and comments by the Council, Mr.
Gordon and Mr. Keith Richter.
Mr. Avery and Mr. Talbot withdrew their motion and second previousl~
made concerning this matter and Mr. Talbot then moved that the City
Manager be authorized to cooperate with these gentlemen ongetting
the equipment and the work in play. The motion was seconded byMr.
Barrow and carried unanimously.
Mr. Avery then moved that the City Manager be instructed to come
to the Council with a suggestion as to the mechanics of the future
administration of this in cooperation with the Lawn Bowling Club, the
Recreation Department and anyone else that he deems necessary in
order to iron out this and the Shuffleboard situation. The motion
was seconded by Mr. Talbot and carried unanimously.
6.f. Concerning consideration relative to a Director of Recreation,
Mr. Woodard stated that he has felt for some time that the City
Manager should have some additional help to carry out the programs
that he has undertaken. That the Recreational Program is far in.
excess of what it h~s ever been and with much less personnel, and
that the one man who has been carrying the load of this has been
puttingin endless hours. That this should be discussed by the
Recreational Advisory Board with the City Manager, with a report of
same to the Council, and that this would give the City' Manager more
time to devote to other activities in the City Administration.
Further, that he feels there is a need for that Department Head.
CitY Manager Holland reported that the Community Center is oper.
ating only five days a week now, that the guard, authorized by Council,
has been hired and there is no problem there, further, that he sees
no reason for a Recreational Director except for the summerprogram,
and that there is the need of saving that salary to cover expenses
such as those that have .come.up at the Lawn Bowling and Shuffleboard
Courts.
Mayor Dietz stated that he agrees with City Manager Holland that
it would be premature at this time to appoint a Director of Recreation.
Mayor Dietzthen asked City Manager Holland to inspect the merry-
go-round at the City Park, also the hobby horse rides. Also, that
two "Dogs Prohibited" signs should be placed in the park and that a
ride known as the "Cyclone" needs cables in order for it to be oper-
ated.
Mr. Woodard stated that he feels Mr. Hansen is a very valuable man
in the Recreation Department and is fearful of losing him to another
community.
City Manager Holland stated that Mr. Hansen is doing a terrific
job as Supervisor at the Community Center, but that job is all that
one person can handle.
Mr. Woodard then moved that this, subject be referred to the
Recreational Advisory Board. The motion was not seconded.
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6.g. Regarding ~onsi~eration of Purchase of used garbage packer, ~ty
Manager Hotland informed the Council that on account of break down'of
garbage pa~kers a couple of weeks ago it had been necessary to rent a
pack~, and he is now desirous of purchasing said rented packer at a
pri~e Of $3,500.00 and feels that it Us a necessary purchase. Further,
that ~e considers the equipment well worth that price, and that there
are s~fficient budgeted funds that can be transferred from other ac-
cou~ts to cover purchase of same, and that the body would be guarantee~
for one year.
Upon being informed that a new garbage packer would cost $15,000.00
Mr. Barrow moved that said used garbage packer, recommended by City
Manager Holland, be purchased. The motion was seconded by Mr. Tatbot'
and carried unanimously.
6.h. City Clerk Worthing reported that taxes, levied on Lots 250
through 253, 255 through 260, 271 through 281, and 323 through 330,
Tropic Isle Subdivision, for the years 1958 through 1961, having been
determined, after original platting of said Tropic Isle Subdivision,
to lie within a government spoil area, and unpaid, ha=e resulted in
outstanding tax sale certificates thereon~ for which cost of redemp-
tion is $1,302.37. In the best interests of the city, and-a~l parties
involved, it is deemed advisable to cancel the tax obligations on said
lots for the~ears 1960 and 1961, and authorization is there~o~e~re-
quested to e~force collection of the 19S8 and 1959 taxes on.the here-
inabove identified lots and parcels of la~d., p~lus any penalties 'appli-
cable thereto, total to January 1, 1963 amounting to $643.72, and
abatement of the 1960 and 1961 tax liability on said lots and parcels
of land.
Mr. Avery moved to accept the recommendation of the Tax Collector,
the motion being seconded by Mr. Talbot and unanimously ca,tied.
7.a. Concerning a letter from the Chamber of Commerce, dated December
7, 1962, relative to funds remaining in the account.established by
the City fo~ industrial promotion, the Chamber of Comme=ce~a~ed
that they des~xed that said funds be put to use by the Indum~rtal
Committee for active continuation of an exDanded industrie~l~promo~ion
program. The preface 'itemon this subject stated that it iS,~recom-
mended thatthe balance of funds originally provided by Council fo~
salary and'expenses in connection with the employment of Mr-. Harry
Gerqueet by the Chamber, be returned to the Contingency account of
the General Pund.
City Manager Holland informed the Council that he had hi,ed Mr.
Gerquest .the~;~rst of JanUary~ on a temporary basis, as Director of
Public Relations, with the desire that the Coun~l wou~d ~et him con-
tinue ~ith his industrial program, be a coordinator for ~he~ity
Manager and City Clerk on rights-of-way, and ~other d~$~-~hat he.
could take care of~ and that he may ha~e s~me ~ti~e'~"~wc~k, w~h the
Planning/Zoning Boar~ The City Manager further sta,t~d'~that there
was no appropriation to continue .Mr. ~erq, me~t's~ employment; but that
he desired the Council to create, on a temporary basis, the office of
Director of Public Relations, using the funds remaining in~$aid, in~
dustrial promotion account to further this project.
Zt was reported that there remained $3,050.00 in said indust=ial
promotion account, $1,000.00 of Which had..been allocated to pay..~for
an industrial survey. During lengthy discussion and comments, Mr.
Kenneth Ellingsworth explained how the industrial survey was being
conducted.
Mr. Avery moved to transfer $2,050.00 from the amount allocated to
the Chamber of Commerce, to the City's General Fund and that $1,000.00
'be left for the purpose of the Industrial Survey. The motion was
seconded by Mr. Woodard and~a~ried unanimously.
City Manager Holland aske~the Council if they approved of this
temporary creation of a Director of Public Relations. Mr. Avery
asked that this position be called S~ecial Coordinator for the City,
and moved that the City ManageT be informed that the Council approves
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the use of a Special Coordinator at this time. The motion .was sec-
onded by Mr. Talbot and carried unanimously.
There was further discussion concerning the name of the new Posi-
tion and it was suggested that it remain as is for a couple of weeks.
?.b. City Clerk Worthing read the following letter of resignation
fromM r. L. L. You~gblood concerning his membership on the Committee
on Community Relations, dated December 8, 1962.
"For the best interest of the Community in the Western
Sector, and the Interracial Committee appointed by you,
as a member of said committee I hereby submit my resig-
nation as of December 31, 1962."
It was suggested that a replacement of Mr. Youngblood could be
provided at the time when Council establishes Committees for. t963.
It was also noted that the Committee on Community Relations would
like to Submit a list of names to the Council for appointment on
said ~ommittee.
Mr. Avery moved that the resignation of Mr. L. L. Yo~ngblood be
accepted, the motion being seconded by Mr. Woodard and unanimously
carried.
City Clerk Worthing read the following letter to the Council,
signed by C. Spencer Pompey, Chairman of the Delray Beach Commlttee
on Community Relations, and then read their Annual Report, which re-
port is attached to and made a part of the official copy of these
minutes. ( See Pages llA thru lld)
"We are honored to 9resent to you the Annual Report of the Delray
Beach Committee on Community Relations for the year 1962~"
Mr. Avery moved that the Council request the Community Relations
Committee to submit to Council the name or names of~anyone they might
wish, if they wish a replacement of Mr. Youngblood, the motionbeing
seconded by Mr. Talbot and unanimously carried
Mr. Avery then moved that said Annual Report be accepted and re-
ceipt of same be acknowledged. The motion was seconded by Mr. Talbot
and carried unanimously.
9.a. It was reported that as a result of Council request at its meet-
ing on December l?, 1962, the City Manager has provided for granting
vacation with pay for non-CAvil Service employees of the-City of
Delray Beach, comparable to and on the same basis as now extended to
Civil Service employees, and will not require any need for an ~ap-
propriation of added funds.
The City Manager explained the procedure that was plsnned to take
care of said vacations and was complimented by the COuncil on his
plan.
9ih. City Clerk Worthing read the following report from City;Manager
Holland, dated January 11, 1963, concerning Analysis of Section IV
(Proposed Water Facilities'Improvements) in Russell & Axon~s Water.
Facilities Analysis.'
"Having reviewed Section IV of Russell & Axon's Water Analysis,
it has been determined that Items 22, 23, 24 and 25, as appear
on Page 24 of Russell & Axon's Analysis, should be provided at
this time. The estimated total cost, as reflected in said
Analysis, is $53,500.00. However, of that amount there is, in
the current budget, $20,000.00 to cover Item 23, thereby leaving
approximately $33,500.00 necessary to be provided if Council ap-
proves the recommended Water Supply Improvements referred to
said Items 22, 24, and 25.
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view of Pages 1,7 through 22,..~COns~ituting
II _of~ RuSSell & Axon's Analysis iS being made in .order
ccurate t.ime ~sched~le reflecting the need
for!~the~variouS.~improvements reco. mme~ded therein, and based .on
informa~i6n ~h~ich such' review',will disclosed I shall submit to
Council,.. not later than February 11th, a revised, report concern-
ing '~i~ Sections III and IV, together with my recommendation.
"With~refer'e~ce~ to ~,Water Rate Schedule'-.and Section V~ of the
Analys£s~ and believing the city's: present ~rate schedule to be
without foundation, it is my urgent recommendation that the
following ' Rate Schedule', for wa~er consumption wi,thin ,the
citYi,~eundari~s, as recommended by Russell & Axon, be es.tab-
lis~ed~at the earliest possible date:
3/4" Meter 1" Meter 1-1/2" Meter 2"' Meter
Min. ~3.00 Min. $3.75 Min. $,6.,00 M~'~.'~?,00
· ~5 .25 Min., $6.00 Min. $?.00
· 25 .25 .25 .25
"Rates for service OUTSIDE the City Limits to be 125% of the
above, rates.
this .recOmmendatio~ t3~e
be directed to prepare an Ordinance pro-
,27-3 of the ~City's Code of
~..recommended ' Rate -S~hedule.' "
M~i 'T~bo~ moved that this matter 'be tab~ed.,'until ~.~eet~ng of
.~Fesr%ary llth and in the 'interim the C~y 'Manager submlt a more de-
tailed review -thru' 22 .as he ~a~s'~en.t~oned and a ~1~ o .that
a ¢ for the charge Of,~et~e ~.~utsi~e~ the~ree~ecT
:om West Palm Beach to Miami, %he,mot~on~be~-ng~sec-
~ Mrl Woodard. Mayor Die~z informed Mr. Talbot that this item
..... 17·t 3 of RusseLl .&
~lth meeting; -.~the motion being
'and
c and that in-
y~
City Attg~ney Adams reported the~Bond.Validation Suits were
heard on JanUary 7th and the judge then gave-a period of twenty days
for any i~rterested parties to appear before the Supreme Court. That
the bonds actually become valid, if no one a9peals, on January 28th.
Further, that the Engineers testified at the court hearing that the
plans were 80~ completed and expected them to be completed in approxi-
mately a month and then they would be presented to the State Board of
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COUnCil~ ~
'Fne
10.a. City Clerk worthing present~e b~lls
7~ General Fund $
Water Fund - Operati F~.und 51
said bills be
,f the
The meetingadj'0urned at 9:55 P~M. on motioz
City
APPRGV~-D,
M 'YO R "
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