12-03-62 DECEMB,~.,R 3, 1962.
A regular meeting of the City Council °fD~lray B~sch was held in
the CoUnCil Chambers at 8:00 P.M., with Mayor Walter DietZin:the'
Chair, City Maneger Robert J. Holland, City Attorney John Ross Adams,
and Councilmen A1 C. Avery, George TaLbot, Jr., George V. Warren and
oliver W~ Woodard, Jr., being present.
1. A~ opening prayer was delivered by the Reverend Glen A. Hargrave.
2. O~ motion by Mr. Woodard and seconded by Mr. Warren, ~he minutes
of the regular meeting of November 26th, 1962 were unanimously ap_
.proved as amended.
3. Under recognition of public requests from the floor, Mayor Dietz
announced that no one wished to be heard.
4. Mr. Warren read the Beautification Committee meeting minutes of
Thursday, November 29, 1962 as follows=
1. "A motion was made by Mrs. Little and seconded by Mr. Galinet
that 'since this is one of the last existing public accesses
to the Intracoastal suitable for boat landings, and since there
is a dire need for more public parks in our city, and insomuch
as the Beautification Committee has spent considerable time,
effort and money in developing this area, it is strongly
commended that theCity O0Uncil retain the 10th Street boat
landing area for use by the public and under no circumstances
lease or sell same.' Motion passed unanimously. (Council action.)
2. "A motion was made by Mrs. Carey and seconded by Mr. Lankton're-
questing that the ordinance relative to limited access on N. W.
4th Street be enforced. Motion passed u~an~mouSly. (Council action}
3. "Mrs. Carey moved that the City and CountY be requested to enforce
the 'No Dumping' °}dinance on N. W. 4th Street and that penalty
signs be erected at proper, intervals on this road~ Motion was
seconded by Mr, Lankton and carried. (Council action)
4. "A motion was made by Mr. Toth and seconded by Mr. Galinat that
the Committee approvethe plans for a fountain at the cemetery,
as presented by the Evening Garden Club. Motion carried.
5. "Mrs. Carey and Mrs. Bowen reported several recommendations con-
cerning the cemetery, chairmanMarritt asked that each member
of the Committee visit the cemetery prior to the next meeting
so that suggested improvements could be discussed at that time."
Concerning paragraph 1, Mr. Warren moved that the recommendation
of the Beautification Committeebe put in the records for any further
consideration aS to leasing the boat landing at S. S. loth Street, the
motion being seconded by Mr~ Avery. It was explained that the motion
means that the Beautifica~ion Com~ittee pleads with the Council to not
lease the 10th Street boat 1ending.
It was asked if the City Administration had heard from the County
in regard to said boat landing area, as requested by Council on
November 26, 1'962. City Attorney Adams reported that he had contacted
the County Attorney's officepursuant to instructions and' that what
the County would want is that when the City isin a'position to know
whether they want to gothrough withthe proposed Offer, to formally'
request a release of that property from the COunty Commission.
Mr. Warren stated that there had been plans, for quite some time,
for a parking area that the County plans to provide adjacent to the
ingress to said boat"landing, and that the landscaping and
cation of this area had beenheld up pending the completio~ of said
12-3-62
Decembe~ 3, 1962
parking are~l~ further ~hat it was understood at that time that when
such~ow~was completed the-Countywould~then relinquish the land to
the City and the City would maintain it.
Mayor Dietz stated that he felt the request of the Beautification
Committee was a very good one and hoped that the City would see fit
to go along with it.
Upon call of ro110 the motion carried unanimously.
Concerning paragraphs 2 & 3. Following comments concerning the
condition in that area, Mr. Avery moved that the City Manager be
directed to survey the' condition and report to Council concerning
same. The motion was seconded by Mr. wood&rd 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
Beta Sigma Phi Mrs. Pat Gerretson &Mrs. Camilla Stok¢~
Kiwanis Club Mr. Vince Canning
League of Women Voters Mrs. Virginia Meyers
Breezy Ridge Estates Mr. John Sword
Planning/Zoning Board Col. A. L. Fabens
5. City Clerk Worthing read the following letter addressed to City
Manager Holland from the Palm Beach County Welfare Department, dated
November 26, 1962, and signed by Vivian Caudill, Director of Welfare.
"I am w~iting following my telephone conversation with Mayor
Dietz and my visit with you last Friday. I enjoyed seeing
Delray Beach's beautiful city bUildings and appreciated the
courtesy you extended in talking with me about Our need for
office space in order to interview applicants for County
Welfare services.
"Services available' through the ~ounty's welfare program in-
clude hospital, clinic, Nursing Home care, medication and
limited financial assistance in the form of food vouchers for
indigent county residents~ and, as you,k~ow, those services
are provided without regard to mUnicipality boundary lines.
"We will wish to serve Delray Beach and surrounding areas, in-
cluding Boca Raton and Boy, ton Beach and will need office space
on Monday afternoOns. and Thursday mornings.
"I think the space in the bailding behind the city hall0 which
you invited me to see, would serve our need well. As you sug-
gested, I am noting what I believe will be needed= a small room
for private interviewing and an.additi0nal and separate waiting
room ~pace for 15 people, a desk and chair for the welfare Eepre-
sent&tire0 and 15 chairs for the waiting room. A telephone will
be.needed, since the welfare representative will need to use the
office in Delray Beach for reaching clients and making reference
contacts by telephone.
"X shall greatly appreciate your bringing this req~.est to the
attention of the City Commission for consideration."
City.Manager Holland recommended that said County Department be
given the use of said building and that a temporaryp:pTtition could
be installed to serve their p~pose but that he did not recommend
the City fUrnishing the ~ele~0ne and office .furniture. Mr.. Avery
m~ved t~at the reCom~endation~ of the city Manager be aco~pted, the
mo,!on being seconded by Mr. Talbot and unanimously c~rried.
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',323
December 3, 1962
5. City Clerk Wo~thing read the following letter from the Board of
County Commissioners, dated November 23, 1962.
"The Board of County Commissioners is planning for an additional
east-west connecting link across.-the Intracoastal Waterway at an
appropriate point between the existing crossing at Ocean Avenue
(State Road 804) in Boynton Beach and the 8th Street-Atlantic
Avenue (State Road 806) crossings in Delray Beach such new cross-
ings to be financed under the pending $15 Million. Bond Issue. The
anticipated cost of this crossing is $475,000.
"The Board solicited and received the recommendations of the State
Road Department with respect to the best suited location for a
new crossing. Utilizing the 1959 "Traffic Study and Transport-
ation Plan" as a guide, two locations were considered for the
new crossing. One _location was Briny Breezes Boulevard (Golf
Road or South ,23rd Street) and the other was Woolbright Road
(south 15th Avenue}. The State Road Department has recommended
that the crossing be. planned as an eastward prolongation of
Woolbright Road in Boynton-Beach. .The interrelation .of these
two roads is shown on Plate No. 35 of your copy of the '.'Traffic
Study and Transportation Plan". A copy of the State Road De-
partment's recommendation is enclosed.
"The selected location has several advantages and one possible
disadvantage. It has the advantage of being on a planned four-
laned location, the adva~'t~ge of being the prolongation of a
public rather than a private road~ the advantage of .being on.
a road that has a planned 1-95 interchange~, it, has a possible
disadvantage of being one-half m/le closer to the existing
crossing at Ocean Avenue than the other considered possible
route.
"The Board at its meeting on November 15, 1962, directed me to
advise both you and the City of Boynton Beach of our receipt of
this State Road Department recommendation and also of the Board's
concurrence in this recommendation. The Board solicits your
comments on this proposed,location as soon as possible in order
that we may proceed..,#
Following discussion, Mr..Warren moved that this item be placed
on the December 17th Council Agenda, the motion~being seconded by
Mr. Woodard, and unanimously ca~ried. It wes requested that each
Councilman be f~urnishsd a copy of this letter, also.wr~tten ~comments
from Mr.. Warren concerning same,
6.a. Regarding further consideration of park,~ng provisions on Atlantic
Avenue, Mr. Woodard stated that the City Manager had recently recom-
mended a change of parking on the South a~de of East Atlantic Avenue
between 4th and 6th Avenues to supply parallel parking instead of the
angle parking that now exists and that at the time the request was
originally made, the merchants involved were indifferent to a change,
and said change was authorized by the Cou/lcil. Mr.. Woodard further
stated that the feeling now is quite emphatic that the parking remain
as it is and the merchants now request that the Council leave the
parking as it is due to the fact that the parking spaces that would
be eliminated by the change would be detrimental to their business
area. Mr. Woodard then .moved that the parking on the South side of
Atlantic Avenue between 4th and 6th Avenues remain as ii: now is.
Mr. Avery stated that there had been a lot of work done on this
project, and suggested that it be placed on the agenda of the Dec-
ember 17th meeting. It was reported that this program was supposed -
to have been completed by the end of October, and since there is a
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32,¢.
~ecember ~, 1962
great deal of traffic on Atlantic Avenue Mr. Woodard said he felt
making a change now would be very detrimental to the area.
City Manager Holland stated that making a change in the lines for
parking would be no problem, and reminded the Council that Atlantic
Avenue is now a secondary State Road and they could step in and tell
the City what to do at any time that a .traffic problem existed.
Mr. Avery moved that this item be placed on the next agenda with
proper notice to all pmople concerned so that they may be heard. The
motion was seconded by Mr. Woodard and carried unanimously.
6.b. Mr. Avery reported that last Monday night the Council Candidates
met with the Delray Beach Civic League and they brought to the attent-
ion a situation that they thought should be given consideration, as
follows:
"1. Two patrol cars assigned to the western section of the city
on weekends (Friday, Saturday and ~nday) and holida~ys.
"2. Two men to each patrol car on the~,,tp¢o ~ight shifts.
A~ If regular officers are mot a~&~lable to afford two
men to a car, put special offi~er~ on paying status and
use them to double in patrol caws.
B_~. Special officers be used to work fa&rs and carnivals
held in the western section instead of off-duty police
officers,"
City Manager Holland stated that this matter requires considerable
study and feels that a special meeting ~h~uld be held concerning same
and for other problems that should be dis~ussed.
Mayor Dietz asked the City Manager if: he 'was. prepared tonight for
such a discussion and City Manager Hol'land stated that he was not
prepared at this time.
Mayor Dietz said that he would not only want to hear from the City
Manager;~.but also from the Chief of Police concerning this matter, and
asked. ~f,'. it would not be well ;to l~et the City~Manager advise the Mayor
concer~'~'~g a time that he would 1,ike a special meeting called, and same.
would be cal~ed.
Mr. Avery '~Ped that the suggee~e~ .proCedure ,be followed, the motio;
being seconded by Mr. Talbot and unanimously carried.
6.c. Mr. 'Avery e ,~ated that he ~thought ~here should be an immediate
study concerning street imp~ove~ent~needs in the west section, of town,
and stn~e he ~fe~ theNe wou, ld be money left i~, the fu~d set aside for
obtaining ri:g~-of~wa¥ for the w/dening of ~est Atlantic Avenue, that
there should be money available for a posit~ program to ~liminate
said undesirable situation.
~ity Manage= Holland reported that that area. is-~,e:ing surveyed at
this t,ime ,,~a~d~"~'thin a we~k he should have a complec~e layout of sam~.
By unan~m~as ~agreement ~e Co~ncil a special meeti~,g was arrang-
ed for 8=00 ~,.~.~ Friday, DSmember 7th, for the purpose of .~anvaes of
Elec~iOn Re~urns', consi~e~a~ion of tonight's Agenda items 6.b. and
6.c. and f~ any other b~ei~ss that .,may,,~ome before the ,~uncil.
6.d. 'I:~ was repor, te'd that B~e~ Di~e~,~'ee, ~,. 15~6-,his been is~sued to
the -De, ray "~wl'ing D~aes, bei~ o~era~'.~b.F._Mr~ ..~era&d Pence, Sr.,
which a~t~ity~s~:~Ce~t~y.,~c~a~9~ }~e:. ~,,;~ha~ Mr. ~nest A. Lindley
has acqUi~e'd ~c~&s, ~usinees and i~'=e~s~ ~z~sfe~ of said beer
license. ~x~er that ~he,u~aal~ ~H~es~&~a~i~n "~mf Mrs. Lindley has been
~onducted resulting in the approval of the applicant by Chief of Police
Croft. :.
Mr. WOodard moved that C Beer License No. ~$~6 be transferred as
indicated. The motion was seconded by Mr. A~ery and carried unani-
mous ly.
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'828
Decembe~ 3, 1962
6.e. Concerning application for Certificate of Public ConVenience
and necessity it was reported ~hat this aP91ication had been with-
dr&wn at the request of the app'licant, Mr. Paul C. Gibbert.
6.f. It was reported that Mr. Warren S. Hopkins has taken over, by
lease, the Operation of the Delreat Inn Coffee Sh°p at 934 East
Atlanti= Avenue and requests 9ermiSsi~h to continue the sale of beer,
as has heretofore been permitted in th~: operation of said coffee shop,
furthe=, that the usual investigation Was been conducted resulting in
the approval of the applicant by Police Chief Croft.
Mr. WOodard moved that said request be granted. The motion was
seconde~ by Mr. warren and carried una~imously.
6.g. It~ was reported that the following recommendation had been made
by the City Manager concern/rig a Christmas bonus for city employees.
"Two days pay for all full-time regular employees.
Regular e~ployees with c~ty leS~ than 90 days from December
31~ ~1962 to receive pro-rate~ bonus with minimum amount fixed
at.
Part, time and' temporary employees to be given minimum flat
rate of $15.00.
"Appropriate total cost- $5,128., appropriation to be made-
from Contingency Fund with actual final amount to be determined
by payrolls as of December 15, 1962."
Mayor Dietz asked if the employees who worked on an hourly basis
were included in this Christmas bonus and he was informed that it did
take care of all city employees.
Mr. Talbot moved that appropriation be made from the Contingency
Fund to take care of said Christmas bonus and that credit be given to
whoever originated the idea. The motion was seconded by Mr. Woodard
and carried unanimously.
City Manager Holland informed the Council that he would give the
credit to Mr. worthing and Mr. Weber as they worked the' detail up for
him.
6.h. The City Clerk read a letter from Mr. Thomas F. Fleming, Chair-
man o~ the University Committee, Resources Development Board of Palm
Beach County, requesting a donation toward the Groundbreaking Exercises
for F10rida Atlantic University on December 8th.
Following discussion, Mr. Warren moved that $1,500.00 be appropriat-
ed from the Contingency Fund for said donation', the motion being sec-
onded by Mr, Avery.
Mayor Dietz questioned using taxpayers money for such a purpose as
this and Mr. Woodard stated that he was in favor of supporting the
University, but he didn't feel that this $1,500.00 would be justified.
Mr. Talbot asked if $1,000.00 would be more acceptable and more
reasonable for the City of Delray Beach to donate.
Mr. Warren and Mr. Avery withdrew their motion and second, and Mr.
Warren then moved that $1,000.00 be appropriated from the Contingency
Fund to the Resources Development Board for the dedication ceremony to
be held Saturday, December 8th at the site of the new Florida Atlantic
University at Boca Raton. The motion was seconded by Mr. Avery and
upon call of roll, Mr. Avery, Mr. Talbot and Mr. Warren voted in favor
of the motion, Mayor Dietz and Mr. Woodard were opposed.
7.a. It was reported that a request had been received from Attorney
Charles Byron for review of the ~application requesting relocation of a
liquor license owned by Mr. Lloyd C. Erny from its present location at
411 East Atlantic Avenue to the 1045 BUilding at 1045 East Atlantic
Avenue, and for an extension of the present liquor zone so as to in-
clude the premises at 1045 East Atlantic Avenue.
12-3-62
Decembe~ 3, 1962
Mr. Woodard stated ~at the request had been turned down at the
last meeting because in essence the Council was supporting the Planning
Zoning Board zoning in that area, as the zoning does not permit trans-
fer of an unlimited license of this nature into the area in which this
building is located. Mr. Woodard then moved that this request be re-
ferred to the .Planning Board for a public hearing as soon as popsible
and they report back to the Council with their recommendations. The
motion was seconded by Mr. Avery.
It was questioned whether this public hearing would concern an area
in that vicinity, or all of Delray Beach, and explanation was made
that providing for extension of zoned districts permitting sale of
liquors did not require a change in zoning classification of land, the'
the area in question was already zoned commercial.
It was reported that twenty some letters had been received today
from businesses in the 'subject area, all being in favor of the Council
granting the request for liquor to be sold in this area.
Following lengthy discussion and'comments, Mr. Woodard and Mr.
Avery withdrew their motion and second that this request be referred
to the Planning Board, and Mr. Woodard then moved that said applica-
tion be granted, the motion being seconded by Mr. Avery.
Following further comments, City Clerk Worthing read an Ordinanc~
that had been prepared concerning said request.
ORDINANCE NO. G-477.
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES:
AMENDING SECTION 4-5 OF THE CODE 'OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING
FOR EXTENSION O~ ZONED DISTRICTS PERMITTING
SALE OF LIQUORS.
Mr. Woodard. and Mr. Avery withdrew their motion and second that the
application be granted and Mr. Warren moved to place Ordinance No~ G-
477 on first reading, the motion being seconded by Mr. Woodard. Upon
ca1! of ro11, Mr. AVery, Mr. Warren and Mr. Woodard voted in favor of
the motion and Mayor Dietz and Mr. Talbot abstained from voting.
Mr. Woodard then moved that the request of relocating Lloyd C.
Erny's liquor license from the current location at 411 East Atlantic
Avenue to the 1045 Building at 1045 East Atlantic Avenue be granted,
at such time as Ordinance No. G-477 becomes effective. The motion wa:
seconded by Mr. Avery and upon call of roll, Mr. Avery, Mr. Warren an
Mr. ~Woodard voted in favor of the motion, Mayor Dietz and Mr. Talbot
abstained from voting.
7.b. The City Clerk read the following letter concerning taxation of
a parcel of church owned property, dated November 26th and ~igned by
Mr. Randolph W. Pinder, Jr.
"As Chairman of the Official Board Of Cason Memorial Methodist
Church of Delray Beach, Florida, I have been' advised that s
letter to you would be proper in connection with the following:
"The Cason Memorial Methodist Church, sevmNal years ago, purchased
from the Plastridge family lots 12 and 13 of Block 116, of the
City of Delray Beach (formerly Linton), Florida. During the en-
tire-year of 1962 this property has been used as sunday School
rooms and a part of the b~ilding is the quarters of the custodian
of .the church property. ~The man who cleans the church, cares
for its personal property, manages the air conditioning unit,
opeaing and-closing of the church and caring for the grounds).
Also, a part of the property has been used for parking. We were
not aware that it was necessary to advise you that this school
room building was being used for church purposes until recently
-6- 12-3-62
327
December ~, 1982
"when the tax bills had been received. An inquiry of your office
revealed the necessity for same.
"The Church, through myself, respectfully request you to recon-
sider the 1962 tax on Slock 116, Lot 13, and relieve the Church
of its apparent obligation by reason of the tax bill. Also, we
would like, at this time, to advise you that the said property
will be put to the same use. for the year 1963.
"I am enclosing Notice of Taxes, No. 3414, for Block 116, Lot 13."
It was reported that it had been determined that said property had
been utilized in part for quarters of the custodian as well as Sunday
School rooms, and is recommended by the Tax-Assessor~ that the uity's
1962 tax bill No. 3414 in .the amount of $71.55, levied-against Lot 13,
Block 116, be cancelled, it being so moved by Mr. Woodard. The motion
was seconded by Mr. Avery and. carried unanimously.
7.c. City Clerk Worthing read the following letter from the Exchange
club of Delray Beach, signed by James W. Nowlin, Jr.
"For the past two years at this time the City of Delray Beach
has turned over to the Exchange Club of Delray Beach unclaimed
bicycles which were repaired and painted by the Exchange Club
and donated to needy children. ~Once again the Exchange Club
has adomte~ this mrojectand we request that the City turn over
to the~Exchange Club twelve bicycles which have been impounded
for over six months.
"If this request is granted, the bicycles selected will be re-
paired, repainted and distributed on Christmas Eve."
The request of the Exchange Club was unanimously granted on. motion
by Mr. Talbot and seconded by Mr. Woodard.
7.d. Concerning further consideration for improvement of leased City
Dock property, Mr. Talbot stated that this item had been delet.e~'from
his Agenda, and according to the minutes of last meeting the City
Manager had been requested to report back to Council on the status of
the lease as it affects the responsibility of the City of Delray Beach,
andalso the lessee.
Mayor Dietz asked if the City Manager had all of the necessary in-
formation about the responsibilities of the lessor, and present lessee
to the lessor of the City Docks, that the City Manager bad'stated that
he didn't have at the time of telephone conversation Friday afternoon
and was asked to delete it from the Agenda if he didn't have;
The City Clerk was asked to read the following letter from City
Attorney Adams, dated December 3, 1962.
"Re: City Dock Lease
"This letter is responsive to a request by Mayor Dietz that I
set forth the PlymCommany's obligations under the City d0ck
leas'e.
"As you undoubtedly know, the lease was executed in September,
1955 and is for a term of ten years wit~ two five year options
to renew. The Plum Company is obligated to may the rental sum
of $1,000.00 per annum plus the amount by which ten per cent
of ~bs gross dock rentals exceeds that amount.
"The leased area is bounded as follows=
On the East, by the West right-of-way line
of the Intracoastal Waterway~ on the North,
by the~.South right-of-way line of S. E. 1st
Street as extended~ on the West, by the East
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828
"right-of-way line of Marine Way~ ~and on the
South by the South right-of-way line of S.
2nd Street as extended.
"The Plym Company's obligation regarding repairs and mainten-
ance is as follows=
~Lessee hereby covenants and agrees that it
will keep all improvements erected and in~
stalled in upon or along the said premises,
in a good state of repair and preservation
-at ell times, and shallnot permit, commit
or suffer any waste, impairment or deterio-
ration of said installations or improvements
on anY part thereof~ ordinarywear and tear
excepted, and damage by the natural elements
excluded.~
"There are other requirements on the part'of lessee0 such as
insurance, etc., but I believe the foregoing will give you a
gene=al idea of the obligations of the lessee under said lease."
Upon question of City Manager Holland as to what else he wanted
done, Mayor Dietz stated that he wanted to. be advised what has been
done during the period of.this leas~ to see that the lessee~s~have
lived up.to the repairs' and maintenance in accordance with the lease.
City ManagerHolland reported that the reason he put this item on
the agenda wa8 that he and Mr. Worthing had made personal observation
and found that Dart of the property Unde~ the lease was in bad con-
dition and that some of the city property was also in bad condition.
Mayor Dietz reported that he had also inspected the property with
Mr. Worthing an~ with Attorney John Moore~
There was discussion 'concerning whether 'the improvements and re-
. pairs that needed to be made were a result of ordinary wear or by
damage by the~natural elements.
Attorney Adams said that this item came uD asa result of a request
to build a sidewalk, and following other comments, Attorney John Moore
stared ~h~at what~r. Plym wants to do is to make permanent im~rovement~
on the ~ityDock~"'~n-the~way of repairing the seawall instead of just
a temporary~re~&ir of. same. Mayor Dietz said that such a repair would
be a capital 'improvement, and if a capital ~mprovement was made it
~hould affect the terms of rental un,er the lease.
City Clerk Worthing read'the following statement from City Manager
Holland, dated December 3, 1~62.
"I was informed Friday afternoon at about4=30 that the Mayor
had ~dered the deletion of this item from the agenda. Conse-
quently, I called him to determine what objections he had and
to eXplain my reasons for bringing this matter to the Council's
attention.
"I was advised by Council at the Preliminary Council meeting of
November 12, ~962 that it was my duty and responsibility as City
Manager to place onthe'agenda any items that come before me
whioh involve policy. I tried to explain to the Mayor that I had
requested this item be placed on the agenda so as to have an op-
portunity to'report'to C~unuil my findings o~this~problem, which
exis~e part,.y-on leased city,property and partly on city-~ned
and maintained property.
"The Mayor was abusive, unreasonabt$, dictatorial, and used lan-
guage unbecoming his position. I won't quote the words he used
but I do wish to state that'he advised me that'I di4n't know how
to build an agenda, tha~-I'didn't know'what ¢ity Management
~overnmen~ was'~a~ ~b~ut, that ! acted in too b~g a~hurry in all
instances, and that I was entirely responsible for'his losing the
D~ember 3, 1962
"prerogative of editing and deleting those items on the agenda
he saw fit. He insinuated that I was =esponsible 'for-the work-
shop meetings being cancelled and stated that I was trying to
jam item-7 d down his throat.
"I don't k~ow the Plym Company or any of its associates and I
merely asked Mr. Worthing to incorporate this in'the agenda be-
cause I felt the'Council was entitled to know my findings as a
resul~ of reading the lease, observing the property, etc.
have deleted this item from the-agenda in an attempt to preserve
harmony, but I would like to make the following statement:
Beach long before Mayor Dietz .came down. "'I w~s in Delray
I didn't.appreciate
the Mayor's vulgar words and insinuations and I have no intention
of taking this type of abuse from anyone, city official or any
other person.'
"Should there be any further questions regarding the above,
will do my utmost to give you a correct and clear picture of the
situation or, if you prefer to discuss this at a special meeting,
I will be glad to g~ve .you the h£a~ory on this and other items
that have come to my attention since I have been acting as City
Manager of Delray Beach."
Concerning Mr. Plym's request, City Manager Holland reported that
he did not approve of the constructio~ of the sidewalk, an~ further
that it ~s apparent that someone has been negligent in seeing that
the property has been-kept in~ proper order.
Mr. Avery suggested that the City Attorn$y, the Attorney for the
Plym Company, the City-Manager, the City Engineer, and an Engineer
selected by the Plym Company meet and then report what the responsi-
bilities of the City and of the Plym Company are in this matter.
Mr. Talbot moved that Mr. Aver¥'s suggested action be taken. The
motion was seconded.by Mr. Avery and carried unanimously.
It was exp_lained that this report would contain what the responsi-
bilities of the lessee are with regard to the situation at the Docks
and what the responsibility of the City is as regards the present con-
dition at the Docks, that it has nothing to do with the capital im-
provement.
It was agreed that this could be considered at the special meeting
on FriOay, if a report~ is ready at that time, otherwise it will be on
the Agenda for December 17th.
8.a. Regarding further consideration of Ordinance No. G-473, pertain-
ing to Block 73, it was reported that a committee of City Manager
Holland, City Attorney Adams, Col. Dugal Campbell and legal counsel
for Mr. Haggart had been appointed to review and revise said ordinance
and agreements concern~..B1ock 73. It was further reported that City
Manager Holland had been unable to attend the meeting concerning said
ordinance, and neither had the legal counsel of Mr. Haggart, Mr.Sa¥1es,
attended said meeting.
City Attorney Adams said that he had taken Mr. Sayles last letter
and drafted the ordinance and agreement in such a manner that it
would satisfy what they were asking in return for the City's request,
therefore the ordinance and agreement are in the form that Mr. Haggart
is proposing.
Mr. Dugal Campbell recommer~ed that this matter be given very close
study of the Council as a whole, and f~rther recommended that the
Council, together with the Chief of Police, City Manager and Mr.
Haggart meet at the Post Office site and then meet for further discus-
sion to try to bring about some good solution of the problem.
Following lengthy discussion and comments by Council, City Attorney
Adams, ~. Campbell and Mr. Haggart, it was agreed that the 'Council
and appointed Committee would meet at'the Post Office site at 3:30 P.M.
-9- 12-3-62
85O
Dece~be~ 3, 1962
on Tuesday, Decembez 4th, £oz inspection and discussion, and that
this item ~ould be placed on the agenda for the special meeting on
Friday, De~er 7~.
10. City Atto=ney Adams report~ that uoncerning the Sanitary ~wer
Project, ~e ~nd ~lidations Suits ~re fil~ last Friday and
Judge signed ~e Or,er today setting the f~nal hearings for January
3, 19~3, ~e hearings s~='~tng at 9~30 A.M., a~d ~at s~e w~11
p~liaized in ~he Da~ly .'News-Journal for ~e next three weeks.
10. MaWr Dietz asked if letters had ~en sent to ~e County Co. is-
sion and ~ty Registrar relative to a re.est at the last ~un~il
meeting concelrn~ng voting ~recincts and was advised ~at ~e letters
had been sent.
10. I~ was =ep~ ~at ~e ~ief of ~lice had been re~ested to
s~mi~ a re~rt on ~e possible one-~y ~aff~ on Venetian
following a survey, and Mawr Dietz asked that this ~tem be placed
on ~e Ag~da ~or ~e Dece~er 17~ meeting.
10. ~. Taler' r~inded City ~nager Holland that a r~por~ concerning
some of the reco~endations in ~ese~l and Axon~s' ~er Report were to
be consiaer~ 'a~ ~e ~ouncil meeting of DecOr 17th~
10. ~. Woodard asked Chat ~e following items be on ~e Agenda for
Co~ci~ meeting of '~o~er 17th.
1. ~is~-ssion =~a~ve to possibly putting a reta~ning ~11 at
~e ~u~ ~d~ of ~e b~h~so as to help e1~m~e ~
2. Dis~ssion Of a ~sstble ap~n~ent of a ~o~r of
3. Disouss~on of the City's policy regaling va~cation wi~ pay of
~plo~es.
10. ~. ~odard ask~ ~rning the plau~ng of a screen over the
gutters a'~ ~e 'te~is ~ur~ to protect ~e bal~s from going
~e ~tters. C~y ~nager Holland saia ~at ~is would be
10.a. ~e following bills for approval ~e presented:
Oener~ ~d $- 129,996r.05
~ter ~un~ - ~erating Fun~ 12,860.41
~e btl.ls .~=e ~mously ordered patd.on motion by ~. Woodard
and seconded by ~. Wa==en.
~e,~t~ adjo~n~ at 10:20 P.M., on ~t~n by ~. Warren and
secon~d~:~by ?~. ~odard.
R ~ -D,. WOIt~HINO ._
City Clerk
APPROVED:
-10" 12~3-62