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10-02-61SpMtg 0CT0~ER 2, 1961. A special meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chai~, City .Manager Louis J. Smitzes, City Attorney John Ross Adams and Councilmen A1 Co Avex-y, Dugal O. Campbell, Glenn B. Sundy and John A. Thay. er. An openin~ prayer was delivered b2 the Reverend Andrew Solandt. On motion by Mr. Thayer and seconded by Mr. Campbell, the minutes of the September 2~th meeting were unanimously approved. Attorney Clinton Scott, representing twelve property OWners on Marine Way presented a petition objecting to ~. ~arman C. smith, Jr. being, allowed to extend the present yacht facilities, and asked he not be per,sifted to build a lounge or to sell merchandise on the .premises and that he be o~dered to abide with the terms of his Lease which prohibits repair work. Mayor Warren informed the public that consideration of this item was not on the agenda for tonight. Rev. J. D. Edwards, Pastor of St. Paul A.M.E. Church informed the Council that the Internationally famous Wings Over Jordan Choir would be in Delray Beach on November 3rd and asked if it was possible for them to use the Community Center for that occasion. ~r. Avery then read the following letter that he had received from Pastor Edwards = "St. Paul A. M. E. Church, located on No~th West 5th. Avenue, Del~ay Beach, is sponsoring the Internationally Famous Wings Over Jordan Choir, November 3, 1961, 8 P.M. Kindly accept this letter as formal application for .tl3e u~.e of the Delray Beach Coz~aunlty Center for this worthy affaxr. "Your kind consideration in this matter Will be greatly appreoiated." Mr. Avery asked that this be referred to the City Manager for scheduling. Regarding proposed widening 'of the lntracoastal Waterway, City Manager Smitzes reported that members of the City Council, Chairman of the Planning Board amd the City Manager had met with Col.. H. Schull, Seoretar? of the Florida Inland Navigation Department, and George Coslow, Area Engineer, U. S. Engineer Corp., Wednesday, Sep- tember 2?th, and that proposed Inland Waterway .improvement includes widening the navigable channel to a width of 125 feet and a depth at Iow mean tide of 10 feetJ also that it is recommended that a small city committee be appointed to coordinate the city,s participation with Col..~ohull~s office in or, er to expedite' the project and keep the Council infomue~ as to its progress. The City Manager further stated that it is also suggested that the Committee make recommend- ationa as to the possibility of having this particular project extend itself tlx~ough the cox-porate limits of the city, or certainly for an additional distance of 1,000 feet south of the Atlantic Avenue Bridge. ~M~or ~arren then appointed Paul Knowles, Chairman; Councilman Glenn Sundy; City Engineer Mark Fleming; City Manager Smitzes and M~. Paul Ledridge to this coordinating committee. Regarding appointment of a fiscal agent for the sewage disposal system project, City Manager Smitses stated that this appointment would be appropriate .in further pursuit of the proposed sewer treat- ment plant and it,s imtended purpose. Mr. 3undy than moved to appoint ~. C. T. McCreed2 and Associates as the Fiscal Agent for the proposed Sewer Disposal System P~oJect. The motion was seconded by Mr. Tha~er and carried unanimously. Mayo~ War~en then announced that a meeting had been arranged for 9.'00 A.M. Wednesday, October ~th with the Fiscal Agent and Engineers. 3oo OCTOBER 2, 1961. City Manager Smitzes presented the following bids on i Bell & Howell 16 mm P~oJec~or 1 Screen 72 x 96 l l~oJectorCover i 2000 ft. Take-up Reel and stated that it had been recommended that the award of purchase be made to the low bidder: Lilley.s Cameras $664.2% Miller & Wallace $671.00 Del~ay Photographic Center $6?5.25 On motion by M~. Campbell and seconded by Mr. Sundy, the award for purchase was unanimously given to the Iow bidder. Concerning Inter Racial and Beach Committee functions, Mr. Campbell stated that ~e felt the Inter-Racial Committee could serve -~' the city well if all members appointed to it accepted the responsi- bilities that go with it and strongly umged that that committee be continued as now existing. Concerning the Beach Committee, Mr. Campbell moved that that matter be tabled for one week. The motion was seconded by Mr. Thayer and upon call of roll, Mr. Avery, Mr. Campbell, Mr. Thayer and Mayor Warren voted in favor of the motion, and Mr. Sundy abstained from voting. Mm. Campbell said that he believes it is time that the City take consideration of its growth and moved that the City Manager and City Attorney obtain, within the next week or as soon as possible, a po- tential cost of reappraising all pieces of property w/thin the city limits on an equalization basis. The motion was seconded by Thayer and carried unanimously. City Manager Smitzes informed the Council that application had been received by the Building Inspector to move a frame stucco house from Lot 18, Delray Shores Plaza to Lot ~, Block A Ca~ver Memorial Park; also to move a frame stucco house from Lot ~, Ealler Grootman S/D to Lot 18, Block 18, further stating that approval of which is recommended by the Building Inspector who has received no objections to such proposed relocation. Following discussion it was moved by Mr. Campbell that the requests be g~anted, motion being seconded'bY Avery and unanimously camried. Mr. Campbell moved that the City Manager, Chairman of the Zoning' Board and the City Attorney study the possibility of an Ordinance 1that will put a limit on the age of a frame building that can be moved from one section of the city into another section or from outside the city into the city. During discussion it was suggested that thestructu~al stability of the building instead of the age be the subject of study · in this proposed ordinance, and Mr. Campbell accepted such change to his motion. The motion was seconded by Mr. Avery and ca, tied ~unani- mously. '.. City Manage~ Smitzes read a request from ShermanWilliams Post No. 188 of the American Legion to sponsor a~arnival on city owned land in the west sector. ~T~~ The City Manager read Ordinance No. G--3~6 passed and adopted by the Council on February 13th, 1961 prohibiting the holding and exhibi-.- tion of carnivals and circuses within the municipal limits. ~ollowing discussion and in view of the fact that there is a new City Attorney, Mr. Avery moved that this item be tabled until next week for a ~uling from the City Attorney on how firm we stand on the Ordinance. The motion was seconde~ by Mm. Thaye~ and upon call of roll, Mr. Avery, Mr. Sundy, Mr. Thayer and Mayor Warren~voted in favor of the motion and ~. Campbell abstained from voting. City Clerk Worthing stated that ~roposed Ordinance No. G'~ll pro- vides for amending the p~esent Oity Purchasing System, made possible by recent Acts of the 1961 Legislature, which amended ~ection 78 of the Charter for the City of Delray Beach pertaining to purchase procudure. OCTOBER 2, 1961. The City Clerk then read ORDINANCE. NO. O-411. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, A~DX~G CHAPTER 2~786, SPECIAL LA~ OF FLORIDA, ACT~ OF 1949, Aa A~E~DED, SAME BEING T~E CHARTER OF SAID CITY BY AMEND- .~ ING SECTION 78 THEREOF TO PROVIDE FOR A CITY ,: .. PURCHASING S~TEM, INCLUDING COMPETITIVE BID~ AND CONTRACT PROCEDURE~ PROVIDING AN EFFECTIVE FOllowing lengthy oomuents in which M~. Aver? commended Mr. Robinson for his work on this subject, Mr. Aver? moved that O~dinance No. G-~ll be placed on first reading and requested that the press be given copies of it and it be given publicity. The motion was seconded by Mr. Campbell and carried unanimousl2. Ci~y Manager Smitzes infol-med the Council that the tel-ms of of- fice of Planning ~ Zoning Board members 0ol. Andrew L. Babens. and Paul S. ~nowles expired on September 28th and the remaining five mem- bers of the Board recommend the reappointment of said individuals for a five yea~ term. MP. Thayer said that he considered DelPay Beach var2 fortunate in having the services of these two men and moved that Mr. Paul Knowles and Col. Andrew L. Fabens be reappointed as members of the Plant, lng & Zoning Board. The motion was seconded by MP. Sundy On request by the Council, City Attorney Adams prepared an amend- ment to the City Electrical Code as reflected in ORDINANCE NO. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING PARAGRAPH (a), SECTION 13-2, CHAPTER 13, CODE OF ORDINANCES OF THE CITY OF DELRA¥ BEACH, FLORIDA, BY ADDING ANOTHER MEMBER TO THE BOARD OF ELECTRICAL EXAMINEP~ FOR SAiD CITY. It was pointed out that this amendment will add one member to the Electrical Examining Boa~d, making seven members instead of six. It was moved by F~. Avery,_ seconded by Mr. Thayer and unanimously carried that O~dinanceG-~12 on No. be placed first reading. City Manager Smitzes read proposed RF~OLBTION NO. 1352. A RESOLUTION OF THE CITY COD~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, FURTHER DECLARING THE INTENTION OF THIS CITY TO PROCEED WITH THE I~IATE SEWAGE PROGRAM PROPOSED BY RUSSELL & AXON, CONSULTING ENGINEEP~, IN A REPORT DATED AI~GUST, 1961, AS TBE BASIC SEWAGE WORE~ PROGRAM OF THE CITY OF DELRAY BEACH, FLORIDA. Regarding a portion of said resolution that it is i~perative that the proposed installation program go forward with or without the ap- proval of ~he State Health Boa~d, Mr. AverU asked if the Engineers prepare these specifications and if it does not receive the approval of the State Boar~ of Health and if that lack of approval of the State Board of Health prohibits the city from ~oing on with construc- tion, will the Enginee~a be entitled to their x'ees to date. Mr. George B. Russell of Russell & Axon stated that he had dis- cussed this matter with thei~ Boa~d and then read an excerpt from his letter to the city as follows: "~e would call you~ attention to ou~ Contract Page 2, Section 2 wherein one of the requirements which we are to fulfill is to obtain the approval of the Florida State Board of Health on the plans and specifications prepared ~y ou~ firm. Ou~ Board of Directors have directed me to indicate to 2ou that we will be quite willing to proceed under the authorization as discussed pro- vided the city agrees to waive the requirement that we obtain the Board o£-~.Health approval. For this reason there is being attached to this letter a waiver of this requirement that will form a supple- mental agreement to the contract. We regret this necessity but we a~e certain that you understand the conditions precedent thereto." -3- 3O2 OCTOBER 2, 1961 Ym. Campbell asked Hr. Russell.if the city is to understand that the Engineers want to be relieved of the Contract unless this portion is waived to which Hr. Russell answered "No Sir". Nm. Campbell then asked what he was suggesting, to which Mr. RusSell answered that he was requesting a waiver and if he didntt get the waiver he would again have to refer the matter to the Board. During the lengthy discussion that followed, ~. Campbell asked Mr. Russell if the city had been told that this plan as submitted is what might be considered the first step and from that point on that it could go for the outfall t~pe or continue to build as a plant and is not Just solving taking the raw sewage out of the Canal but would fit into the overall program, to which he received an affirma- tive answer. Nm. Campbell further questioned, for the record: "It does give a possibility of further expansion at no g~eat expense whether we go outfall or continue as a plant. That came from our Engineers, is that right, and we went fo~ard on that." Mm. Russell answered "Yes Sir". Nm. Avery asked if with further consultation, a meeting of minds could be arrived at. It was also mentioned that the Attorney General had been asked to give a ruling on municipal rights in regard to the construction of the sewage plant, if it did not get the approval of the Board of Health. Hr. Campbell made the following statement: "One of the night papers carries a story that, I think, is unfair to myself and very much unfair to our City Engineer. Ma~k has made his position clear to all of us. The paper tonight says to the effect that, I'believe, that he agrees with the majority of the Council as to procedure. Now we all know that Mamk has no~ agreed.. We.do know thathe has said that he will go along as the City Engineer when the policy is established by the Council, but thatts it and I would like to ask, in fairness to Mark and to myself, if thatts not a fair statement of position Mark?" City Engineer Fleming answered "Thatts correct". Mr. Campbell mentioned that in Hr. Lee's letter received today, for the first time he speaks of what .has been called the bootleg sewer on the East side of the canal and what the city intends to do about it. Mr. Campbell then asked that~it, be a matter of.public record that the Council is asking the City Manager and the City Engineer to give them a report as to the condition of that sewer, how it came about and what has to be done to abandon same, so that the city wontt be hamstrung into putting sewers on the beach in order to take care of two or three pieces of property over there. Hr. Sundy moved that the meeting that has been planned for 9:00 A.M. Wednesday, October 4th be called as a Special Council Meeting in order that Resolution No. 1252 may be considered at that time. The motion was seconded by Mr. Avery and ca, tied unanimously. . Hr. Campbell moved that the report given in letter form by.the Cmty Attorney concerning sidewalk requirements in Bellehaven S/D. be accepted and made a matter of record and the matter be closed. The motion was seconded by Hr. Sundy and carried unanimously. City Manager Smitzes presented a memorandum from the Finance Director regarding Bills for Approval and presented bills as follows: General Fund $ 108,058.69 ~ater Fund - Operating Fund 19,691,41 Refundable Deposit Fund 2,203.65 Special Assessment Fund 28,089.68 Improvement Fund 875.~? It was moved by Hr. Thayer, seconded by Mr. Avert and unanimously carried that the bills be paid. Hr. Avery referred a letter, received by him from Mr. Thomas Bruder, to the City Manager and~asked that the City Manager contact Mr. Bruder and give the Council a report on same. 10-2-61 303 OCTOBER 2, 1961. Regarding the action taken in the adoption of the new budget, City Manager Smitzes stated that there was a phrase in M~. Campbell's motion pertaining to auth~ization of the City Manager to control the salary amounts, and asked if he was to understand that it was the intention of the original motion to authorize the City Manager to make inter-department transfers at such times as are necessary during the fiscal year. To clear up any question Mr. Campbell moved as follows: "I move, Mr. Mayor, that the moneys that have been set up in the current budget for merit increase in salaries be understood that this is to be handled as a lump sum in the hands of the City Manager with the full authority to transfer these moneys from one department to another as in his Judgment is warranted." The motion was seconded by Mr. Thayer and unanimously carried. The meeting adjourned at 9:15 P.M. City Clerk PPROVED: X/MA YOR 10-2-61 October 2, 1961