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05-08-61 MAY 8, 1961. A regular meeting of the City Council of Delray Beach was held in the Cou~uc~, Cha~bers at 8~00 P.M~, with Maycr George V. Warren bhe Chair, City Ma~..s. ger George Mingle, Acting City Attorney Harry Nowett ao~d Councilmen A1 C, Avery, Dugal G. Campbell, Glenn B. and John A. Thayer being present. An opening prayer was delivered by Rev. Robert G. Morey. On motion by Mr. Campbell and seconded by M.~. Sundy the minut~-~ ;'.'~ ~pril 2~th meeting were unanimously approve, d° Under public r~qu~hs from the floor, !4~s, Edwards of 45 N. '~ Street addressed the Council as foilo~s~ "Tho May ~4th issue 0£ ?~:.'~ Delray Beach News-Journal states that th~ Plarn~in~/Zoning Board ~[~.~ed for a public he,ring May 19th on the proposed change in ........ !rig of Lots 22, 23 & 24, Block 73. Only '~wo weeks ago the City ~'~,.· ~.~,~ by a five to o~othing vote, denied the request. It is my unde.rstanding that under the new zoning ordinance recently adopted a request for rezoning of the above property would only be entertain- ed after a lapse of one year from the data of the first request. I c~n Lots 12 & 13, Block 6, Del Ida Park, directly across the street from this property. If rezoned to co~ercisl zoning there will be no buffer zone between me and this property and I am well within my rights in opposing it and my home is a private one. I wish to state further that the request of rezoning Lots 22, 23 and 24, Block 73 by the Planning/Zoning Boa~-d is holding up the building of the much needed new post office for a year or possibly more, after they chose their site on N. E. 2nd Avenue Just above 3rd Street. Three fourths of the people owning property on N. E. 2nd Avenue are also very much opposed to this rezoning. It is my personal opinion that Delray is not ready to expand business North on 2nd Avenue and won't be for another '15 or 20 years with all the vacant stores and property in the main section of town. Keep business segregated until such time as it is necessary to expand and give the men who own vacant stores and property in the bus~ess section now a fair shake." Mayor Warren informed ~-~s. Edwards that he understands this property is before the Planning Board for possible presentation to the Council in the future at which time there will be a public hear- ing, notification to the property owners within a certain area, and notification in the paper, and such could be in the process at this time but would not come to the Council until after the public hearing by said board. Mr. J. R. Kiel of 703 S. E. 9th Street in Rio Del Roy Shores asked th~.t tempors~y street signs be installed in that .area as it is very difficult for people to locate residents living there; also that the weeds in that area are offensive and something should be done about that condition. Mayor Warren informed Mr. Kiel that the City Manager would look into this immediately and temporary signs would be placed, Concerning the weeds, City Manager Mingle reported that the lot clearing program was somewhat behind schedule as a result of the men being used on other work at the new City Hall and Community Center, but would immediately start again on the lot clearing program. Mr. Kiel also reported that S. E. 7th Street between 5th and 6th Avenues was a nuisance on account of dust, being an unimproved R/W, and wondered if the City would put some oil on it to relieve the situation. Mr. W. H. Davis of 6% South Federal Highway informed the Council that the pavement on S. E. 1st Street, following const~uction of the new- Federal Highway, had not been completed and was informed by City Engineer Fleming that he would meet with him and take care of what was needed ~ Mr. D~vis also informed the Council that he had a small plttmbing bill that the contractor wh(, constructed the Federal Highway ~Jas supposed to pay, but to date he had not been ,.ble tc get his money for sa~e. Fc:l!owing discussion Mayor Warren informed ~,~. Davis that the Council would ~ite a letter to"the C. E.' Stockton Company in an effort to assist him in obtaining his money, 160 Pray $, 1961. Mayor Warren read the following two paragraphs from the March 2?th minutes of the Beautification Committee: "After a report from ~wk~s. Little that the Council of Garden Clubs would contribute $2,500.00 to the beautifi- cation of the north entrance to the city on U. S. # l, a motion was made by M~. Lankton, seconded by M~s. Little, that the City Council be asked to approve of a beautification fund raising drive by the Cormnittee. Motion passed unanimously. "A motion was made by M~. Bach, seconded by Mr. Merritt, that in order to make an example of how attractive a park- ing lot could look with a ten foot set back, the City Manager cooperate with M~. Sante in carrying out the beauti- fication of the municipal parking lot located south of the old city hall. Motion passed unanimously." , Concerning paragraph i of the above minutes, M~. Sundy moved that the Council approve the Beautification fund raising drive, and that the · City accept the responsibility of the sprinkler system. The motion was seconded by M~. Thayer and carried unanimously. Concerning paragraph 2, Mr. Campbell moved that,through the City Manager, the Department of Public Works be authorized to make a study and give a report as to the cost of the planting that is con- templated. The motion was seconded by Mr. Thayer and carried unani- moms ly. Mayor Warren then read the following letter from the Beautifi- cation Committee, dated May 5th: "The Beautification Coordination Committee respectfully requests peEnission to erect, an attractive unified civic club sign on city property located at Southeast Tenth Street and the Intracoastal Watez~ay. "This sign would carry the insignia and meeting dates of fourteen civic and fraternal clubs in addition to listing the churches." It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously carried that said requested permission be granted. ~. Campbell moved that the term o£ office of the members of the Beautification Committee be staggered on a one, two and three year basis and that the present members of that committee be asked to give the Council a report two weeks from tonight as to their desires on this matter. The motion was seconded by Mr. Sundy and carried unani- mous ly. Concerning reconsideration of bids for Packer Chassis; following discussion, Mr. Avery moved to buy the Ford 950 in the amount of $6,499.00, as recommended by Mr. R. J. Holland who had been appointed on a committee to study the truck bids. The motion was seconded by Mr. Sundy and upon call of roll, Mr. Avery, Mr. Campbell, Mr. Sundy and Mayor Warren voted in favor of the motion, Mr. Thayer being opposed. Concerning reconsideration of bids for City Employees Group Insurance program, Mayor Warren stated that the bid that had been accepted did not have the complete coverage that was specified. Campbell then moved that the Council action of two meetings ago Con- cerning same, be rescinded. The motion was seconded by ~.~. Thayer and upon call of roll Mr. Campbell, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery and Mr. Sundy being opposed. Mr. Campbell, chairman of the Insurance Committee read the follow- ing letter from Mr. Ward Robinson, a member of said committee, dated May 1, 1961: "Your attention is respectfully drawn to a circumstance which may have been overlooked Dy the City Council in its decision tending toward the selection of a specified group to underwrite the proposed life-hospitalization insurance plan for City employees. -2- 5-8-61 ?dAY ~3, 1961. "Reference is made to minutes of the meeting of the Council on Feb. 27, 1961, at which time the recommendations of the duly appointed Insurance Committee were presented, discussed, and, by foEnal action, adopted by the Council as the IPackage' upon which bids were to be secured. At pg. 3, par. 3, of these minutes, under the heading ~Recommendations~, · the hospital and sttrgical benefit coverages were set forth as follows: Il. Thirty one days per hospital confinement. 2. Room and board allowance of $16.00 per day. 3. Maternity benefits - Normal delivery $150.00, and Cae~erian $250.00. 4. Miscellaneous hospital services - First $320.00 in full plus 75% of next $2,000.00. 5. Emergency room service - Up to $50.00. 6. Tn.in hospital medical care - $5.00 per call up to 50 treatments max. ?. Surgical operations - Up to $250.00. 8. In-hospital medical benefits - Up to $250.00. t "It is presently understood that the bid which seems to have been favored by a majority of the Council departed from the stated requirements in that it did exclude or limit certain of the items. It would appear, therefor~ that a basic change was wrought in the package as it was bid by the favored under- writing combination, and that the general aspect of the plan was thereby affected. For example, coverage of the costs of ambulance service, whole blood, blood plasma, serum albumen, or admission for diagnostic purposes are all excluded. Pathological services are limited to $7.50, and a formulary limitation is placed upon the amount of coverage for anes- thesia. "Regardless of the long-term importance of such deviations, it is never-the-less a fact that the favored bid did not comply with the coverage as determined by your Committee after many meetings, and as that coverage was promulgated for bid purposes by the City Council. "Quite possibly the Insurance Committee should have been c ensured for not having thrown out all bids which did not comply. This might have reduced the work of Professor Howard, and, thereby, reduced his fee in some small degree. Be that as it may, the fact remains that the Committee did recommend a bid which, as far as is known, died comply w~ the coverage requirements. "The action of the City Council in over-riding the Committee recommendation is especially distressing in view of the major emphasis given in recent months by some Councilmen to the moral and legal reprehensibility of giving any consider- ation to incompetent bids in City purchasing procedures. "This member of your Committee feels that, in the interest of administrative consistency, the Council should rescind its previous action and award this business to the lowest competent bidder." Following comments by Mr. Campbell, the following letter written by Professor William M. Howard to Mr. F. T. Stallworth of Blue Cross - Blue Shield and dated April 21st, 1961 was read: "Your offer to pay cash dividends, if indicated, to the City of Delray Beach is interesting and surprising. As far as I know Blue Cross and Blue Shield have never be- fore done this. "I shall certainly forward the information to Mr. Carl Gessler, Finance Officer in Delray Beach." lifo C~pbell stated that during all ~f the cmmmittee meetings and discussions, that the Blue Cross - Blue Shield people never made this offer until the night of the Council Meeting that the bids were con- sidered. -3- 5-8-61 ~Y $, 1961. N~. Cs~apbell moved that the reco~nendations of the Insurance Co~nittee, based on the facts that have been brought out, based on the need of the employees for coverage, based on the fact that there has been a long delay in getting this program into effect, that the second bidder the Occidental of California, be accepted and a con- tract be awarded to them. N~. Thayer questioned as to Blue Cross - Blue Shield meeting all the required specifications snd N~. Campbell read as follows from P~ofessor Hc~d ts tAnalysis of Proposalst: "1. There is no limitation en the amount of covered hospital ancillary charges; they are paid in full. The specifications indicate that the first $320 of such charges are to be paid in full plus 75 per cent of the next $2,000. "2. Maternity benefits, while essentially the same in amount, are to be paid partly by Blue Cross and partly by Blue Shield. "3. The time period under which payment for emergency room service is allowed is ?2 hours in the proposal instead of the 48 hours indicated in specifications. "4. There is a variation in the nature or.payment of in-hospital medical benefits. Instead of $5. per call beginning with the first call and for the first 50 calls indicated in the specifications the proposal indicates that the employee will pay for the first two in-hospital calls, the third will be paid fo~ the rate of $10o and subsequent calls will be paid for at the rate of $5." Finance Director Gessler then read from the analysis report as follows: "The list does not cover every possible item. Some items that are not included are ambulance service, blood and blood plasma, and diagnostic confinements. Payment for anesthetic services provided by an anesthetist who is not a full-time hospital employee are limited to 15 per cent of the surgical fee allowed, with a minimum of$10 and the maximum of $3?.50. Any excess must be paid by the employee. Pathological services in connection with surgery in the hospital is limited to $?.50. The schedule of surg- ical fees was not presented in detail with the proposal. It probably is somewhat different than the schedule of surgical fees provided by some of the insurance companies." ~. Sundy then referred to the following portion of said analysis: "In my opinion the most favorable proposal for a plan of group life insurance and group health insurance for em- ployees of the City of Delray Beach is the proposal sub- mitted jointly by: BLUE CROSS OF FLORIDA AND BLUE SHIELD OF FLORIDA, and THE MANUFACTURERES LIFE INSURANCE COMPANY." Mr. Thayer seconded Mr. Campbell's motion to award the insurance contract to Occidental Life Insurance Company of-California. Further discussion followed and upon call of roll, Mr. Campbell, Mr. Thayer and Mayor War~en voted in favor of the motion, ~. Avery and Mr. Sundy being opposed. Mr. Sundy then moved that this insurance set-up be referred back to Professor Howard fe~ further consideration. The motion was second- ed by Mr. Avery and upon call of roll M~. Avery and M~. Sundy voted in favor of the motion, ~$. Campbell, M~. Thayer and Mayor Warren being opposed. The motion did not carry. Upon question, Acting City Attorney Newett answered as follows the insurance bids. Up to tonight all I know is what I c OMC erning · " read in the paper, but you have just approved a bid. As I understand' it in insurance, previous ruling of the City Attorney, you submit an offer;m~therefore by approving this bid you have Just submitted an offer. -4- 163 To wrap this up, it would appear to me that you would follow up by authorizing the proper officials to execute a contract with. whichever insurance company you have accepted." Mr. Campbell then moved that the City Manager and Acting City Attorney be authorized to enter into a contract with the Occidental Life Insurance Company of California, as covered by our previous motion. The motion was seconded by Mr. Thayer and ~upon call of roll Mr. Campbell, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery and Mr. Sundy being opposed. City Clerk Worthtng presented the following bids that had been received for pipe and fittings and stated that it had been recommended that the low bid be accepted: "GA~,V~_NIZ_ED.PIPE_ z-~ T _& .C 1/2 , 3/4"; l" & 2" Gulfstream Pipe & Supply $1,409.04 Peninsular Supply Company 1,50~.69 Charles Sale s Company l, 51%. %3 Monmouth Plumbing Company 1,517.32 State Supply Company 1,556 73 Davis Meter & Supply Co. 1,677~88 American Waterworks Supply Co. 1,704.57 "CURB STOPS: CORPORATION STOPS: ADAPTERS: CORPORATION STOP PLUGS AND C0~PRESSION VALVES. Mueller Company $3,682.30 Ellis & Ford Company 3,926 50 Davis Meter & Supply Co. 4,079~75 It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously carried that the low bids be accepted. City Clerk Worthlng then read the following bids: "190 GATE VALVES (3/4"; 1"; 1-1/4"; 1-1/2" and 2") American Waterworks Supply (Hammond) $1,082.70 Charles Sales Company (Fairbardcs) 1,107.90 Gulfstream Pipe & Supply (Stockham) 1,156.55 Monmouth Plumbing Supply (Scott) 1,170.00 Peninsular Supply Company (Powell) 1,23%.50 Davis Meter & Supply Co. (William) 1,329.00 "The 'Hammond~ Valve is considered inferior in workmanship and material to CRANE'S # 438 (or equal), on which Bids were solicited. Ail other bids received, being submitted on acceptable and considered comparable values, it is recommended that the lowest qualified bid, in the amount of $1,107.90 be accepted." It was moved by Mr. Sundy that Charles Sales Company be awarded the bid in the amount of $1,107.90. The motion was seconded by Mr. Avery and carried unanimously. Mr. Worthing'presented the following bids which were received for furnishing Rollaway Bleachers and Backstops for the Community Center and stated that it had been recommended that the low bids be accepted: "BI ~ACHERS un'i'~ersal Bleacher Company $3,370~%0 Hussey Mfg. Company 3,131.06 E-Z Fold,~I~6 0rp 1,220.10 The Everwear Mfg. Co. 1,126.85 It was moved by Mr. Sundy, seconded by Mr. Thayer and unanimously carried that the Hussey ~i~g. Company be awarded the bid for bleachers in the amount of $3,131.06. It was then moved by Mr. Avery, seconded by Mr. Sundy and carried unanimously that the bid for backstops be awarded to the Everwear Mfg. Co., in the amount of ~ ~ 1.126.85. -%- %-8-61 City Manager Mingle stated that from the apparent withdrawl from the a~ea and interest in the local affairs by Mr. George McKay it had been recommended that Mr. S. C. Barnes be appointed to membership on the Beach Conm~ittee replacing Mr. McKay. Mr. Campbell moved to sus0- tain the recommendation and appoint Mr. S. C. Barnes as a member of the Beach Committee as a replacement for Mr. McKay. The motion was seconded by Mr. Avery and carried unanimously. Concerning the resignation of City Attorney Zimmerman, Mr. Thayer moved to accept his resignation as City Attorney, with deep regret, and that he receive his salary until June first, subject to it being legal to do so, and thank him for his exceptionally compe- tent service to the City. The motion was seconded by Mr. Campbell and carried unanimously. Mayor Warren thanked Attorney Harry Newett for serving in the capacity of City Attorney tonight. Mr. Sundy moved that W. C. Williams,III be appointed as City Attorney to fill the unexpired term of Attorney Zimmerman, the motion being seconded by ~h~. Avery and unanimously carried. It was announc- ed that Attorney Williams would assume his duties by the first meet- ing in June. City Clerk Worthing read the following letter of resignation from Mr. Stuart Lankton who is a member of the recently appointed committee to study annexation: "It' is impossible for me to find enough time from my' active business to serve on all the civic activities that I am now engaged in. Therefore it is necessary for me to resign from the Annexation Committee. I regret the necessity for this action." It was moved by Mr. Campbell to accept the resignation, with regret, the motion being seconded by Mr. Sundy and unanimously carried. Mr. Thayer, a member of the Annexation CoEmittee, informed the Council that he had discussed with the Mayor the appointment of a larger committee for this purpose and had appointed LeRoy Croft, Marshall DeWitt and Ward Robinson to serve with himself and Mr. Worthing on this committee, and asked for ~ouncil approval of this committee. It was moved by MB. Avery and seconded by Mr. Campbell that this Annexation Committee be approved. Upon .call of roll Mr. Avery, Mr. Campbell, Mr. Sundy and Mayor Warren vote~ in favor of the motion and ~. Thayer abstained from voting. Mr. Worthing informed the Council that on April 3rd they had approved the tentative plat of "Poinciana Heights" subject to minor changes thereon as recommended by the Director of Public Works; that compliance with Ordinance G-285, the subdivision regulation ordinance, has been met and the Surety Bond of Hardrives, Inc., in the amount of $26,000.00, insuring the installation of streets and waterlines, had been assigned to the City of Delray Beach and approved as to con- curring with requirements of Section 4 of said Ordinance. Mr. Worthing also read the following memorandum from City Engineer Fleming dated May 8th: "Subject: Final Plat - Poinciana Heights of Delray Beach. "I have examined the final plat of the subject subdivision and find that it conforms in all aspects to the preliminary plat which has been approved by the Council for the construc- tion of this subdivision, and therefore recommend that the final plat be approved by the Council on the following con- ditions. "An easement must be provided on the final plat along the line wherein it is requested that the city furnish water to the subdivision, which will probably be between Lots 38 and 39 of this subdivision. It is also understood that it is the responsibility of the developer to obtain the necessary easement to extend the water, as shown on the -6- 5-8-61 165 o, 19~1. "preliminary plat, from the existing six inch main in the subdivision of Jefferson Manor to the point at which it enters tho subject subdivision." .., The developer of Poinciana Heights informed the Council that they have the easement deed and that it was Just an oversight of the drafts- man when the plat was prepared and that it would be corrected. Avery moved that final approval be given to said plat subject to the conditions as stated. The motion was seconded by Mr. Campbell and unanimously carried. Mr. Worthing informed the Council that the Florida Public Utility Company requests a perpetual easement for the purpose of con- structing, laying, relocating, operating, repairing and maintaining a gas pipe line, or gas pipe lines, for the transportation of gas, upon, over, across and through the following described properties; 1.The South 61 of Lot 17 and the South 6t of the East 15t of Lot 18, Block 1, Ocean Park S/D. being that city-owned parcel of land extending 45' westward from the fence enclosure surrounding the Municipal Pool; 2.The South 61 .cf~the South 501 of the North 65-1/2! of Ocean Beach Lot 15, being that city-owned 50t wide parcel of land lying between Ocean Boulevard' and Andrews Avenue a distance of approxi- mately 421' on the West portion of which is .the Beach Fire Station. also that authorization for execution of these hereinabove referred to easement-deeds is recommended. Mr. Campbell asked if the complaints regarding putting rights- of-way in shape by the Florida Public' Utility Company, after the gas lines were installed, had been taken Care of and was informed by the City Engine$'r that it had been taken care of. Mr. Campbell then moved for authorization of the requested ease- ment deeds. The motion was seconded by Mr. Thayer and carried unani- D1OUS ly. Concerning the request of Mr. Daniel Price for an additional taxicab permit, City Manager Mingle informed the Council that they should direct a public hearing on the application for CePtificate of Public Convenience and Necessity, submitted by Mm. Price, be held and all persons to whom Such certificates have heretofore been issued be given due notiCe of said hearing, it being so moved by Mr. Avery. The motion was seconded by Mm. Thayer and carried unanimously. On April 24th the Council granted the request submitted by owners of property fronting on N. E. First Avenue between Highland Lane and 16th Street that their street name be changed to Highland Lane, and Resolution No. 1327 created for the purpose of an instru- ment to reflect such street name change and for recording purposes was read by City Clerk Worthing: RESOLUTION NO. 1327. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE NAME OP~ THAT PORTION OP NORTHEAST"FIRST AVENUE IN THE CITY OF DELRAY BEACH AND LYING BETWEEN HIGHLAND LANE AND NORTHEAST SIXTEENTH STREET TO HIGHLAND WHEREAS, the City Council of the City of De]may Beach, Florida, deems it in the best interests of the residents of the City that the name HIGHLAND LANE be continuous and uninterrupted, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: -?, ~-8,61 ,166 ~Yo ~, 1961. 1. That the name of that portion of Northeast First Avenue, in Section 9, Township 46 South, Range 43 East, lying between Highland Lane and Northeast Sixteenth Street is hereby changed to HIGHLAND LANE. PASSED AND ADOPTED on this 8th day of May, 1961. It was moved by Mr. Sundy, seconded by Nm. Avery and unanimously carried that Resolution No. 1327 be passed and adopted. City Clerk Worthing read ORDINANCE NO. G-395. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 8, TOWNSHIP 46SOUTH, RANGE 4S EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that certain lands be annexed to the City of Delray Beach~ WHEREAS, said tract of land is contiguous to tho present bounda- ry of territorial limits of the city and that, when annexed, it will constitute a reasonably compact addition to the incorporated terri- tory with which it is corabinee; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED' BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: (1) That in accordance with Section 185, as amended, of the Charter of the City of Delray Beach, upon the expiration of 15 days from the final passage of this ordinance, the City of Delray Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Delray Beach, Florida, all of said lands being in Section 8, Township 46 South, Range 43 East: N,W.~ of SW¼ of SW~ Less Ry R/W; S~ of NE~ of SW~ of SW~; W~ of NW~ of SW~ Less SAL Ry R/W; that part of SW,m 1,.~ing W ~of SAL Ry; NE,A of NW¼ of SW~; W~ of SW~~ of S~ of SW~; that part of the SE~ of SW~ of SW~ lying N of Lake Ida Rd.~ and the E 187~ lying S of Lake Ida Rd., and N~ of SE~ of ~ of Sk~; and That part of the SE~m of SW~l of S~ lying S of Lake tda~ Road' less E 187~; and S 334.37' of ~ 1043.36' of Lot 17; Lot 18 less S 200' of E 260' and less N 468.33' of E 300'; W} of 19 less N. 130' of S l~0' of W 620' of E 660~ and less Rd. R/W; of of 19 less Re. R/W; SE¼ of SE¼ NW¼ of SW~-; and ~ of NE¼ of SW,A of SW~; and SW~ of SE~ of NW¼ of SW¼; and S 150' of ~ of Lot 19 less S 20~ and W 40'; and E½ sw¼ sw¼ of sw¼ less Rd. R/W. (2) That this Ordinance shall be published in full once a week for two consecutive weeks, in the Delray Beach News-Journal. (3) Qualified objectors may object to such annexation within the time and in the manner provided by said Section 185, as amended, of the Charter of the City of Delray Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than that part so declared to be invalid. I07 ?~Y 8, 1961. (5) This Ordinance shall be in full force ~nd effect immediate- ly upon its final passage and publication in a newspaper published in Delray Beach, Florida. PASSED AND ADOPTED this the . _ _ day of .... , 1961. M~. O. D. Priest, Jr. addressed the Council concerning annexa- tion stated that he wondered if it would be feasible to get all the annexation ordinances together and notify all the property owners involved at one time for a hearing and obtain their views on whether they wanted to be annexed to the City of Delray Beach. Instead of taking a few pieces at a time, present the whole program at one time. M~. Thayer stated that it is the intent of this new annexation committee that has Just been appointed to gather together recommend- ations of the committee and at the instruction of the Council will send out ordinances in a large group at one time, at which time the ~irst reading on these remaining ordinances would be held in a group and at which time the Council could either approve or reject, and Shat this new committee Just formed would probably have no recommend- ations for the Council before a week or ten days. Following discussion about bringing more than nine property owners in at one time and meeting with the property owners involved in these annexations, Mr. Worthing informed the Council that it was their directive at a previous meeting that not only these two annex- ation ordinances being considered tonight but additional ordinances be prepared and submitted, and if it is their desire to change the program it would be well to inform the annexation committee of such change. Following further discussion in which M~. Avery Stated that it appears that the City is taking an arrogant attitude in trying to annex properties without the agreement and consent of the owners and thinks that the property owners should be contacted and be agreeable to the annexation. M~. Worthing informed him thatthe Council had, after being informed that no appreciable accomplishment for annex- ation could be provided in that manner, in public session directed that ordinances be rushed along for those parcels of land lying with- in the corporate limits of the City and not now forming a part there- of, but not desiring to take it upon himself to create such ordinances and pick the parcels of land involved, the Council has directed that those lands not now forming a part of the City'of Del~ay Beach but lying within its perimete~ be annexed. That this committee has been formed to determine the perimeter, and once that perimeter is deter- mined, and unless the Council rescinds its previous directive that ordinances be prepared to provide for such annexation of those lands, the ordinances will be ready within two meetings, some having already been written. Mayor Warren stated that at a meeting of the members of the Council it was concluded that the annexation program be started now, with the provision by M~. Avery that property owners first be in- vited to come into the City with advance notice by mail or in person. The function of the co~mztttee was to determine the area contiguous to the city limits that was to be annexed. This was the yardstick to be used in determining how to square off the City, preparing annexation ordinances based on nine or less property owners in these areas and to help M~. Worthing in the preparation of these papers. Mayor Warren further stated that if annexed, the City would provide police protection, fire protection, cheaper Water rates and many other advantages and use of City facilities. M~. Campbell moved to adopt Ordinance No. G-395 on this second and final reading, the motion being seconded by Mr. Thayero There followed objections to said ordinance by Mr. Joseph Gwynn, a property owner involved. Attorney Clinton Scott, representing Lake Ida Development Corp., whose property is involved in this annexation ordinance asked that his letter concerning annexation of said lands be made a matter of record with the City Council. Mr. ~orthing informed Attorney Scott that said letter would be incorporated in these minutes but would not be read at this time. The letter dated April 12th from AttOrney Scott is as follows: -9- 5-8-61 IdAY 8, 1961. "I want to again thank you and Messrs. Thayer and Lankton for making time available to myself and Messrs. Vogl and Hagen yesterday at my office to discuss the proposed annex- ation by the City of the 43-acre tract of Lake Ida Develop- ment Corp., lying south of Lake Ida Road. "In order to summarize our understanding, I am taking this opportunity to set forth the terms of the proposed annexa- tion to which my clients have agreed: "(1) The City will act of its own volition by ordinance to annex this property, rather than upon our petition. "(2) Zoning of the entire tract is to be R-1AA except for the tract lying South of Lake Ida Road which is to be C-l; in this vein we discussed the possibility of building a store similar to a t?-ll~ which would be classed as a 'variety storet permitted in a C-1 district so long as there is no food processing. "(3) No taxes would be imposed upon the property until the 1962 levies, and the property will be assessed at $1,500. per acre until such later time as it is platted and developed with road, etc." There followed lengthy discussion and comments regarding the assessed valuation of properties being annexed, notification regarding intent to annex, manner of annexation, functioning of the annexation committee, etc. Following a question from the audience regarding method of annexa- tion, City Clerk Worthing read part of Section 185 of the City Chattel~ as follows: "The City of Delray Beach, Florida, may change its terri- torial limits by the annexation of any unincorporated tract of land lying contiguous thereto and within Palm Beach County, in the following manner: If such tract contains less than ten freeholders, the council shall, by ordinance duly passed, declare its intention to annex such tract of land to the City of Delray Beach at the expiration of fifteen days from the final passage of said ordinance, which said ordinance shall thereupon be published in full, once a week for two consecu- tive weeks in some newspaper published within the City of Delray Beach, or, if no.newspaper is published in said city, then in some newspaper of general circulation published in Palm Beach County. If at any time before the expiration of the fifteen days, any fifteen freeholders of the City of Delray Beach, or any four or more freeholders of real estate in the district so proposed to be annexed, shall object to such annexation, they may apply by petition to the Circuit Court of Palm Beach County, setting forth in said petition the proposed proceedings of the City of Delray Beach, and the grounds of their objections thereto; whereupon the circuit court shall order notice of said application to be served upon the mayor of said city, and appoint a day for the hearing of said application; and all further action in the premises by the City of Delray Beach shall thereupon be stayed until the further order of the said court. If, upon the hearing of such an application, the said court shall sustain the said objection, the said tract of land shall not be annexed; otherwise said application shall be dismissed and the said tract of land shall be annexed to the City of Delray Beach." Following further discussion and on call of roll Concerning adoption of Ordinance No. G-395, Mr. Campbell, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. There was further discussion concerning the assessed t~x valu- ation of lands being annexed to the City, Mr. Campbell moved that the acreage basis of taxation be the same throughout the unimproved properties covered by this particular ordinance. The motion was seconded by Mr. Thayer and following further discussion, carried unanimous ly. -10- 5-8-61 169 },mY $, 1961. In answer to a question as to whether a man and wife as joint owners are considered as one in an annexation ordinance, Mr. Worthing read the following excerpt from a bill enacted by the legislature of the State of Florida concerning same: "The term ,one individual person, as used hereinabove shall include a man and wife who own property jointly." City Clerk Worthing then read ORDINANCE NO. G-396. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that certain lands be annexed to .the City of Delray Beach; and WHEREAS, said tract of land is contiguous to the present boundary of territorial limits of the city and that, when annexed, it will constitute a reasonably compact addition to the incorporated territory with which it is combined; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: (1) That in aec0rdance with Section ~185, as amended, of the Charter of the City of Delray Beach, upon the expiration of 15 days from the final passage of this ordinance, the City of De~r~y Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Delray Beach, Florida~ all of sai~ 'lands being in Section 8, Township 46 South, Range 43 East: S~ of ~ of E~-of Lot 19 Less E'75' of N 184.35' m/1 thereof & Less E 50' of S 150' thereof; and E 75' of S~ of ~ of E~ of Lot 19 Less S 150'; and E 50' of S 150t of ~ of E~ of Lot 19; and N 50' of S 75~ of ~ 140' of S~¼ of E¼ of Lot 19; and S 175' of SW~ of E¼ of Lot 19 Less N 50' of S 75' of ~ 140' & S5~' of N ll0t of SW~ of E¼ of Lot 19; and N 55' of SW¼ of E~ of Lot 19; and N 50' of S 225, of SW~. of E¼ of Lot 19; and SE¼ of E~- of Lot 19. (2) That this Ordinance shall be published in full once a week for two consecutive weeks, in the Delray Beach News-Journal. (3) Qualified objectors may object to such annexation within the time and in the manner provided by said Section 18~, as amended, of the Charter of the City of Delray Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than that pa~t so declared to be invalid. (~) This Ordinance shall be in full force and effect immediate- ly upon its final passage and publication in a new~paper published in Delray Beach, Florida. PASSED AND ADOPTED this the .... day of :~ . , 1961. -ll- 170 There being no objections to Ordinance No. G-396 on this second and final reading, it was moved by Mr. Campbell to adopt said ordi- nance. The motion was seconded by ~. Thayer and upon call of roll Mr. Campbell, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. Mr. Campbell then moved that on all future annexation ordinances, notice be given to the land owners involved, by registered mail and return receipt requested, not later than the day of the first reading of said ordinance. The motion was seconded by Mr. Thayer and carried unanimous ly. City Clerk Worthing read the following Planning Board report dated April 29th: "The Planning and Zoning Board met on Friday, April 28th, 1961, at 4:00 P.M., in the MuniCipal Court Room, for the purpose of conducting a Public Hearing, previously adver- tised, on permissive use of a portion of Model Land Cots. Lot 5, in Section 8-46-43, for construction of a proposed Boy Scout Hut. "No objection was received concerning such proposed usage of the land described hereinabove, nor did any owner of land in the immediate area, who had been notified of said public hearing appear at the meeting. "It being understood that the interested Boy Scout.Group may be considering a different site, as indicated at a meeting, held in the City Hall on Wednesday evening and attended by the Council, Boy Scout representatives, Beautification Committee and Planning Board members, no further action was taken on this matter." Mr. Campbell moved that the Boy Scouts be given permission to use the property on N. W. 4th Street if that is their final decision, but sincerely hope that they will use the other land that has been suggested. The motion was seconded by Mr. Sundy and upon call of roll Mr. Avery, Mr. Campbell, Mr. Sundy and Mr. Thayer voted in favor of the motion, Mayor Warren being opposed. City Clerk Worthing then read the following Planning Board Report dated April 29th: "The Planning/Zoning Board met in regular session on Friday, April 28th, 1961, in the Municipal Court Room, and reviewed, with Mr. W. R. Haggart, his revised plans for proposed de- velopment of Block 73, and following general discussion there- on, Mr. Sinks moved to ,advertise for public hearing, at the earliest possible date, concerning rezoning of Block 73, and that the plans, referred to above and reflected on a sketch plan submitted, be forwarded to Mr. George Simons, Jr., the Cityts zoning consultant, for analysis of conditional zoning of said Block 73 for the proposed plan of development thereof t. Motion was seconded by ~lr. Jacobson and unanimously carried." Mr. Campbell asked that Mr. Worthing read, and it be made a matter of record, the following excerpt from the Code of Ordinances that gives the Planning Board the right to call this type of hearing. "The Planning Board shall make careful and comprehensive- surveys and studies of present conditions and future growth of the municipality, with due regard to its relation with neighboring territory. Before the submission of any plan, or part thereof, or any amendment, extension or addition to the City Council for its proposal or rejection, the Planning Board shall hold at least one public hearing there- on, I1 The City Clerk informed the Council that a public hearing has been scheduled and advertised for the rezoning of the West half of Block ?3, also Lots 22, 23 and 24 of Block ?3, to C-2 zoning classi- fication, said public hearing is scheduled for 4:00 P.M. on Friday, May 19th at the Police Building, 14 S. E o 5th Avenue. -12- 5-8-61 ~.P~Y $, 1961. City Manager Mingle read the following cozmnunication from the Delray Beach Chamber of Commerce Board of Directors, dated May 5th; 'tAt its meeting Friday, May 5th, the Board of Directors of the Delray Beach Chamber of Commerce passed the follow- ing resolution concerning summer parking: "a. Parking lots remain free. "b. From the period May 15th through November 15th cover all meters with a sack device on which would be printed 'One Hour Free Parkingf. Officers would control parking by marking automobile tires with chalk, and issue parking tickets to those individuals remaining over the one holm free parking period. "c. The program would be studied during the summer and another recommendation made prior to November 15th." Following lengthy discussion and recommendations by Police Chief Croft and a representative of the Merchants Division of the Che~nber of Commerce concerning summer parking and use of courtesy tickets, Mr. Campbell moved that Chief Croftts recommendations be accepted and give the first hour of courtesy parking, using the tag and ask the Chamber of Commerce, as this is being done primarily for the Merchants Division, to hold the tags that they are now using and come up with one that would not refer to the return of the first nickle, and after that one hour of courtesy parking has been used, a parking violation ticket be issued. The motion was seconded by M~. Thayer and carried unanimously. City Mansger Mingle read the following report from Chief Croft, dated May 3~d: "Ref: Discontinuance of Traffic Lights at Atlantic Avenue and 7th Avenue 'East; and Atlantic Avenue and Gleason Street. "Due to the sharp drop in traffic at the close of the totmist season, I reco~nend that above traffic lights mentioned, be discontinued until the beginning, of next tourist season. This has been the procedure during the past year or two. "However, I am opposed to discontinuing any traffic lights generally, as it tends to cause motorists to be unobserving when they realize the light is not in operation, and could cause difficulty for a short time when the light is placed again in operation." It was moved by ~. Sundy that the traffic lights on East Atlantic Avenue at ?th Avenue and Gleason Street be left on during the summer months. The motion was seconded by ~i~. Thayer and carried unanimously. Regarding a request for a street light in the West sector, City Manager Mingle read the following report from City Engineer Fleming dated May 8th: "With regard to Item 9-d on the agenda for May 8, 1961, please be advised that street lights in the west sector have recently been installed at the following locations: "SW 2nd Street and 6th Avenue. N~ 1st Avenue and 9th Street. N~ 9th Avenue and 1st Street. "This latter location was the one which was questioned at the last council meeting. This installation was requested several months ago but was actually made on May ~, 1961.." City Manager Mingle reported that a request was ma6~e for author- ization to transfer.$1500~O0, from~ the Playgrounds and Playfields Capital Outlay (910 720 '60~) to G~nity Center Personnel Services (910-750-208) to cove~ wages £or the remainde~ of the fiscal year for janitorial services in the new. C~r~itY Center Building. 5-8-61 I"~Y ~, 1961. It was moved by Nm. Avery that the funds be transferred as requested. The motion was seconded by M~. Campbell and carried unanimously. Concerning the public hea~ing to be held May 19th on rezoning of part of Block 73, Mm. Ed. Schmidt addressing the Council informed them that the residents in that a~ea were under the impression that this rezoning could not be considered again for a year and many of these people have returned to the north with that understanding, and it appears that this is out of order in being brought up again at this time. M~. Schmldt was informed that the provision in the zoning ordinance was that where any application for rezoning has been denied in a given year, one year must elapse before another application for rezoning of said lot or lots can be made by the owner or his or her legal representative; however it is within the rights of the Planning _ Board to study planning and zoning for the City of Delray Beach and to call and conduct public hearing concerning same and pass their recommendations on to the City Council for their consideration. There was lengthy discussion concerning this proposed rezoning and explanation by Planning Board Member Col. Andrew L. Fabens as to the owners plans for construction and use in Block 73 if same could be rezoned. Mayor Warren asked that the discussion be concluded at this time and wait to see what the Planning Board has in mind as a result of the public hearing to be held May 19th. Mayor Warren asked City Clerk Worthing to read a Resolution that was presented by the President of the Florida East Coast Railroad which is as follows: RESOLUTION NO. 1328. BE IT RESOLVED by the City Council of the City of Delray Beach, Florida: WHEREAS, there is now pending before the Interstate Commerce Commission a joint application of Seaboard Air Line Railroad Company and Atlantic Coast Line Railmoad Company for authority to merge their properties into one railroad; and WHEREAS, in the event said merger is authorized by the Interstate Commerce Commission without certain conditions being imposed for the benefit and protection of Florida East Coast Railway Company, the lat- ter will be deprived of a substantial amount of revenue that it now receives from southbound freight and passenger traffic delivered to it by Atlantic Coast Line Railroad Company at Jacksonville, Florida; and WHE~S, this loss of revenue will result in Florida East Coast Railway Company having to curtail its present service to compensate for the loss; and WHEREAS, the 0ity of Delray Beach is now being served by Florida East Coast Railway Company in a competent and efficient manner, and it is necessary that this service not be curtailed or limited if the pro- gress and development of this municipality and the surrounding area are to continue; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach Florida; 1. That the City of Delray Beach, Florida, by and through its City CounCil, hereby opposes the joint application of Seaboard Air Line Railroad Company and Atlantic Coast Line Railroad Company to merge their properties into one railroad unless as a condition thereto the Interstate Commerce Commission requires Seaboard Air Line Railroad Company to sell at a price to be fixed by the Interstate Commerce Com- mission, Seaboardls present track between West Palm Beach and Homestead, Florida, to Florida East Coast Railway Company. · 2. That Glenn B. Sundy and Al. C. Avery be and they are hereby authorized and directed to appear before the Interstate Commerce Com- mission at the public hearing to be held at the DuPont Plaza Hotel in Miami, Florida, commencing May 22, 1961, in the merger proceedings, and state this municipalityts position as set forth in paragraph 1 above. 173 ~,.~Y 8, 1961. 3. That this resolution shall take effect immediately upon its adoption. ADOPTED this 8th day of May, 1961. M It was moved by Mr. Campbell, seconded by Nm. Sundy and unani- mously carried to adopt Resolution No. 1328. Mayor Warren read the following letter from the Garden Study Club, dated April 28th: "Regarding the 10-foot setback and sign ordinance No. G-391 on Fifth and Sixth Avenues, the Garden Study Club of De~ay Beach, with ~7 members, wishes to go on record as approving this ordinance and desires to see this e~o~ced." Mayo~ Warren ~ead the followi~ lette~ f~om ~. J. William Tiernan, dated Ap~il 28th: "Yesterday ~te~noon I had good reason to call the Del~ay Beach Fi~e Department since ou~ bedroom was ~blazing away~. This is my fi~t e~e~ience with such a thing, and I hope my last, but I certainly w~t to co,end the Fi~e Department for its p~ompt response and the efficient m~er in which they-handled the situation. "They a~ived about t~ee minutes ~te~ I called and the fire was unde~ control about two minutes after that. Furthe~more~ they were extremely careful not to cause any d~age, to the ~est of the house, cleaned up the mess in the bedroom i~ediately after, and also set up a fan to get the smoke out of the upstairs. This was done in less th~ a half hour, and then they left leaving the house in excellent condition except, of course, for the burned portion. "U~o~tunateIy, in the excitement and co~usion I didn't get a chance to get any of thei~ n~es, but they certainly were a most efficient, helpful and polite g~oup. "~gain I want to co,end you and the Counci~en for min- taining such a fine department. It is a very co~orting - feeling to ~ow that if such a thing should occur again, the Delray Beach Fire Department is only a few ~=utes away." Mayo~ Warren read the following letter f~om the Beach Ta~ayers L~ague signed by its Vice Presid~t, W~d M. Robinson, dated May 4th: "As a ~esult of a discussion at its meeting on April 2, the Executive Co~ittee of the Board of Trustees of the Beach Taxpayers Lea~e has requested me to convey to you it~ ~ave concern about the ~d~ive for industry~ in which the local Chamber of Co~e~ce i~ p~esently engaged. "The consensus of the group is that the long term objective of the comunity should be ~ continued increase in the n~ber of sidle f~ily homes owned and occupied by people in the . middle ~d uppe~ income brackets - ~ether they be retirees or members of a p~ofessional t~e of o~ganization such as a clinic, an eng~eering group, o~ a scientific research organi- zation. ~c.i~y. 9f homes ~ ~ ~ea!~he~i~a~e ~f~ D~i~y Beach~ ~n~_ ~S~S ~dy,m~de[ pl~fo~. ?oK sound, g~o~h. ' "Any hard-headed appraisal possible will show that f~ilies of this type a~e the ones which will - now and in the long run - most greatly contribute to the economic, spiritual, and cultural development of the ~ea. ~n a~ual appropria- tion of $10,000 to support a well conceived, well executed promotional program aimed at crystallizing the decision of desirable people to establish a home here, can't help but benefit schools~ churches, ~ecreational activities, struc- tural c~aftsmen, merchants, p~ofessional men, ~d contractors at a much hi~e~ ~ate than the s~e ~o~t of money spent try- ing to attract a ~light m~actu~ing industry*. "The representatives of the League would also like to comment, and in the most respectful terms, that the donation of the taxpayers money to the Chamber, to be spent in any manner without let o~ hindrance by any agency of the City, may well be regarded in some quarters as a misuse of funds. Further- more, it would appear that a precedent may sccordingly be established which could be embarrassing. Why, for example, should not the City Council honor a request by the League, or any other civic minded organization, for a contribution of, say, $5,000? "The time to question the practicability and feasibility of the present ill-considered industrial promotion, and to re- gain control by the City of the taxpayers money, is now - when the Council is on the threshold of considering the budget of the City for its next fiscal year. "It is here reiterated that all of the foregoing is brought to your attention at the specific ~request of the Executive Committee of the League. A copy of this letter is being sent to Mr. Ralph Priesmeyer, President of the Chamber." Mayor Warren read the following letter from Representative Emmett S. Roberts, dated April 20th: "This is to advise the city of Delray Beach is still and will become law very shortly as they have all been in- troduced and that all bills have been introduced as you and the commission presented them. There have been no changes." Mr, Campbell moved that the two swimming pools, the one in the East and the one at Teen Town be kept open seven days a week and not be closed for cleaning on Monday, that the cleaning be done during the night. The motion was seconded by Mr. Sundy and carried unani- mously. Mr. Campbell mentioned that he had noticed that some members of the press have been sitting in the audience instead of the seats provided for them and believes it is because they cannot see what is going on or hear well in the space provided and suggested that provisions be made for the press to be seated on the first Another suggestion was that the space now designated for the press be built up properly for them. Concerning the drainage at N. E. 4th Street and Palm Trail, Mr. Avery moved that the Director of Public Works be instructed, through the City Manager, to proceed with whatever is necessary to relieve that critical situation. The motion was seconded by Mr. Sundy and carried unanimously. Concerning Lawn Bowling, Mr. Avery moved that Mr. Keith Richter be'invited to attend the next caucus meeting, to give his thinking on Lawn Bowling. The motion was seconded by Mr. Thayer and unanimously carried. Mr. Harry Brock commended the Council on the dedication ceremony of the new City Hall and Community Center buildings on Sunday, May 7th and that he thought it was the best organized and best conducted that he has ever had the pleasure of attending. Mr. Brock asked the Council to'encourage Mrs. Britt to make the next issue of the Delray Beach N~ws- Journal a dedication issue and also print the exceptionally fine speech of Judge Morrow. He further stated that Delray Beach needs advertising and this would be an exceptionally fine way for it to receive that, as many people in Delray Beach would send such an issue of the newspaper to all parts of the country to their home town and to friends. City Manager Mingle presented the following bills for approval: General Fund $46,6~2.39 Water Fund - Operating Fund 275.22 It was moved by Mr. Avery, seconded by Mr. Thayer and unanimously carried that the bills be paid. The meeting adjourned at 11:25 P.M. .~ .: "' R, O. ': ~ORTHING ' ~ZOR ' ' ~ -16- 5-8-61