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10-05-59 OCTOBER 5TH, 1959. A Regular Meeting of the City Council was held in the Council Chambers at 1:00 P.M., with Mayor George Talbot Jr., in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Com- missioners J. LeRoy Croft, Charles H. Harbison, Fred B. McNeece and' George V. Warren being present. An opening prayer was delivered by Mr. W. H. Wible. The Council, by general consent~ approved the Minutes of Council Meeting held on September 28th, 1959. City Manager Lawson submitted an analysis of the 'Petitions' con, cerning improvement of N.E. 7th Avenu.e between 5.th and 8th Streets, as requested by the C_ouncil at last meeting, and being as follows: Total number of properfy owners affected 14 In favor of the Petitioned Improvement 6 Those opposed to such improvement 3 Unrepresented on said 'Petitions' 5 The City Manager also read the following letter from Mr. George Simons, Jr., Planning and Zoning Consultant ~or the City of Delray Beach, and dated October let, 1959: "Confirming my telephone conversation I 'am firmly of the opinion that N.E. 7th Avenue should be opened and improved between 5th and 8th Streets. N.E. 7th Avenue is currently an important, well traveled ~street east of the Federal and, in .the course of time will ~become increasing- .I~ important as a supplement to the .Federal especially., when the Feder- al becomes a one-way street. We have it shown on our street plan as a secondary artery mean- ing thereby that in width of right-of-way and roadway it need not be as great as the Federal." /s/ GEO E smoNs, m. The City Manager also read a letter from Mrs. J. R. Adams and · Miss Margaret Walsmith, two of .the petitioners for improvement of N.E. 7th Avenue between 7th and 8th Streets, citing the many benefits to be obtained.by ef.fecting such an improvement at this time, and which letter is flied with the official copy of these minutes in the office of the City Clerk. . . A general discussion followed du~lng which Mrs. Frank Doman a- gain informed the Council that she did not believe such ope.ning of N.E. 7th Avenue, throug.h to 8th Street, was warranted at thxs time, maintaining that there is sufficient access to N.E. 8th Street over 6th and 8th Avenues. .Commissioner Harbison cited the fact th~at many people seldom pre- fer ~mpro.Vements for on.e reason or another, b. ut. personally felt t.hat the Council w. ould be doing the com_munity an injustice and be detrimen- tal to .the Cxty's Welfare to deny the Planning Board's recmmme.ndation for the opening and paving of that. part of N:E. 7th Avenue, lying be- tween 5th an& 8th Streets, as well as the recommendation of Planning 'Consultant George.Simons Jr., and moved that the City. Manager prepare necessary resolutions of procedure for such improvement.to be made. Motion was seconded by Commissioner Warren and unanimously approved by 'Council vote. City Manager Lawson submitted Bids received for a Generator with Power Take-off operation: Gondas CorPoration $ 568;88 Jack's Electric Supply- 575;75 Farquhar Machinery Co., 823.00 On motion of Commissioner Mc~-~eece-and seconded oy Commissioner Croft, the Council, by general consent, approved the awarding of pur- chase for a Generator with Power Take-off to the low bidder. The. City .~.nager then submitted Bids having been received for the following items: 15,000 lbs Hexametaphosphate Delray Chemical Co. Inc., Truck Del. $ 14;86 1~ B.iscayne Ch.emical Laboratories do 14~95 Plcard Chemical Co., - do 15,10 Amica-Burnett Chemical Co., do 15.90 S5,000 lbs LIME per Collins Feed & Supply Co., By Truck $ 32;40 ton Delray Chemical Co..Inc., Rail Cars 29;23 Picar~ Chemical Co. ~ By. Truck 39.00 Southern Cement Co.. Raxl Cars 28;98 Tosco Chemicals of Fla. " " 28;98 " " " By Truck 37.AO The Council, on motion of Commissioner Harbison and seconded by Commissioner Croft, unanimously approved award of purchase to the de- termined low binder, namely Delray Chemical Co. Inc., Truck Del, 15,000 lbs Hexametaphosphate @ and Collins Feed & Supply Co., Truck Del. @ $32.40 per ton The. City _Manager informed the Council that, due to Franchise Dealerships relating to public sale of Harley-Davidson Motorcycles, the only Bid. received for a Harley-Davidson Police Mo.torcycle came from the pr°tact.ed Dealer in Palm Beach County and.being the 'Palm Beach Harley-Davxdson Sales', of West Palm Beach, in the amount of $2,432.95 less.trade-in allowance f.or an obsolete 1951 motorcycle, The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison, unanimously approved purchase o.f the Harley- Davidson Police Motorcycle, from Palm Beach Harley-Davidson Sales for $2,124.95 net. City Manager Lawson then read the following letter, dated Sept. 29th, 1959, from Att'y. Charles Byron: "I represent the estate of Vera Sutliff, deceased. Chief among the assets of the estate are the Town Apartments which you inspected a few days ago. The legal description is as follows: Lots 10 and 11 in Block 108, Delray Beach. Mrs. Madeline Ward, Mrs. Sutliff's mother, is the sole beneficiary of the estate. S.he has requested that t write to you offeri.ng this pro-' petty to the C~tY for the sum of $50,000.00. Would you k~ndly pre- sent this offer to the City Co~mission." /S/ "CHARLES BYRON" On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council, by general consent, unanimously approved re- jection of .th.e offer contained .in Att'y. Byron's letter concerning the availabzlzty of the improved property on Lots 10 and 11 in Block 108 for purchase. On motion of Commissioner Croft and seconded by Commissioner McNeece., the Council unanimously agreed that the 'Application' of ~rs. Rzta Jane Nears to .operate a day nursery at 311 S.E, 3rd Avenue be referred to the Plannzng Board for holding a Public Hearing therec~. OCTOBER 5th, 1959. City Manager Lawson referred to Ordinance No..G-829, regarding 'Intent' of the City of Delray Beach to annex Seacrest High School property and its scheduled. Second Reading on this date, which Ordi- nance has resulted in considerable controversy, and further informed the Council.that he had ~orwarded the ~ollowin$ letter to the Board of Instructxon, with cop~es of same being furnished all interested parties: . "At its regular meeting on September 28th the City Council ce~ved letters ~romMr. Harold Turner and},~yorMahoney of Boynton Beach re~arding Seacrest High School property. The Council asked me to explain the reasons why they believe the school property should be annexed to Delray Beach. . . Frankly, the City Council did not intend to start a controversy with anyone over the proposed annexation. They have been of the pinion that annexation would be advantageous for the following rea- sons: 1o A water main would be extended to the High School, thus pr~- viding'a safe, sure, palatable supply of water. · Fire hydrants would be connected to the main. None are a- vailable at present in case of a fire. $. Delray Beach's well equipped and manned Fire Department would provide fire inspection services and be on call in the event of a fire'or other emergency. 4. Complete police services would be effected- Regular patrol on a 24,h0ur'basis, traffic control at.athletic contests~, installa- tion of standard school zone flashing signals, and investigative ser- vices would commence. ' 8. Delray Beach would provide garbage collectionevery day schoolis in session without .charge. At present garbage is collected by a franchised private companywhich charges for the service. · 6'. A reduction in the water rate would be made. V~ile the H~gh School has its own water supply, the Jr. High School is conaected~to the Delray Beach system and pays the out-of-city rate which is 285 ~greater than the in cLtyrate. · Property owners in the entir? school district paY.taxes tosup- port the two schools. If annexation to Delray Beach is consummated, the City willnot receive mly taxes from }he school property..On the other hand, taxpayers in the school distr~ct would realize a d~rect saving in cost of water, garbage collection and fire insu/~ance pre- miums. As an example, savings in watercosts algne between November l?, 1~88 and September 18, 1~§9 would havebeen $486.??.. Please bear in mind that the Delray Beach City Council wants to dow hat is best for the s~udents and taxpayers of the district. The second reading of the ordinance of intent to annex is scheduled for Octobar Sth. This ordinance does not annex the property but merely gives public notice of intent. If the Board of Public Instruction sincerely believes that an- nexation Would be detrimental instead of beneficial, it is my opinion that official notice to that'effect would result in. reconsideration of~the matter, by theCouncil.." /S/ ~ILLIAM E. LA~VSON JR., City Manager Commissioner~Yarren highly cgmmended the CityManager for the creation of, and furnishing copie9 of the above letter, to parties interested in Seacrest High' SchoOl property as well as the Junior High School lands. oent conversations with Public Scho~l Board officials who felt that this ~time ma~ not bebest for considering the annexation of said School propert~es,,~nd before hold~nga second reading of Ordinance G-S2~, ~chool Officials ChairmanRalph Kettler and Vice-Chairman "Jack''.~ Homer favored a ~oint meeting of all interested parties thereto, ~be held. OCTOBER 5th, 1959. Mayor T.albot read the followin~ letter, received from N~. Ralph. Kettler, Chazrman of the Board of P~blic Instruction, and dated Octo bet 1st: ,IA · t ou~ ~eetzn~ on September 30th ~e GoG~8 o~ ~a~zc ~ion. ~s~ussed ~he possibility of requesting that the City of Del~ay ~eac~ de~ay ~t~on on the ~exation o~ ~eacrest ~g~ School into D~I- ray ~eacn. n~ever, we reached no decision because ~. ~rold A~ T~- nor, member, who ~d disc~se~ this ~tter with different gro~s, was ~able to attend. It was decided by the Board to call a.special ~eti~in order, to set this letter to you before the Monday mxght meetx~g. ~. Turner, however, is'now in the hospital and will not be out ~n time to attend the ~eting. ~erefore I requested that the Board be polled by ~. Watkins and the result was t~t a ~jority of those reached w~re in favor of asking t~t no action be taken in the i~ediate future. I wish to ~ke it ve~ plain t~t it is not the intention of the members of this Board to interfere i~ the differences be~een co~- ities. It is our whole objective to r~ a cod school and we are ~king this request on~ because we t~nk.i~ wo~d seriousl2 affect the morale of the students and the operatxon of the school." ~ ~H ~TL~ Chair~n Board of ~blic ~struction Co~issicner Warren moved t~t in view of the info~tion and requests of various School Boar~ ~mber~, ~cond Reading of Ordinate G-$2~, e~ressxng the '~tent' of the Cxty of Delray Beach to a~ex said lands, be deferred ~til the regular ~eting to be held on Octo- ber 28th, at 1:~ P.~, ~ the Co,ell Ch~ers, during which interim a ~oiat meeting with all interested~ parties ~y be arrangedA Motion was seconded by C~ssioner McNeece and ~~ously agreed. .Att'y. J. ?. N~lin requeste~ t~t the Co, oil defer Second Reading of Or~ce ~o. G-SBO, regardi~ inteat to a~ex Wedsewood and ~rine~y properties, ~d scheduled for this meetxng, ~t~l after the first of the year at.which time ~e o~ers cf the properties, who are now in the north, will be in Delray Beach ~d available for discussion concerning such a~exation. Co~ssioaer ~rbison felt that the request Of Att'y. Nowlin ~s reasonable, only requesting a defe~ent of approxi~tely ninety days, an~ moved that the 'Second Reading' of said Ordinance No. G-BSO be deferred ~til after the first of the year, to pe~t discussion with the o~ers of the properties concerned, regardinz a~exation, sub~ect to the following "~tipulation", as agreed in ~iscussion be- tween Att'y. J. W. Nowlin and the City Attorney: (1) "That provided the City extended the time for his clients to file objections by petition in the Circuit Court of Pa~ Beach Co~ty ~til Jan~ry 80th, 1~80, ~. Nowtin stipulated that the City would not be reQ~red to re-advertise the Ordinance in the newspaper further prior to calling the Ordinance up on second and final rea~ing."" Motion was seconded by Co~ssiener McNeece and ~an~ously approved. City ~ager ~wson then read - O~IN~CE NO. G-SB8: ~ ORDIN~CE OF THE CI~ OF DE~Y B~CH ~ING T~ ASSESSES AS SHO~ ON THE ASSESS~ ROL~ S~ITTED BY THE CITY ~G~ CONCEDING T~ CON- STRUCTION OF STO~ D~S ~ SECTIO~ "N" and "0", AS SH~ ON ~TO~ D~INAGE S~T~ S~VEY FILE T.F. A OCTOBER %th, 19%9. 1868, TOGETHER WITH INSTALLATIONS OF CATCH BASINS, NAN-HOLES AND ALL NECESSARY APPURT- · ENANCES IN CONJUNCTION %~ITH SUCH STORM DRAINS. (Detailed Copy of Ord. G-333 is attached hereto and made a part hereof) (See .page237 for Ord. G-333 and Pages 201 thru 203 for Roll.) The Council on motion of Commissioner McNeece, seconded by Com- missioner Croft, unanimously approved PLACING Ordinance No. G-335 on First Reading. The City Manager then read - ORDINANCE NO. AN ORDINANCE OF THE CITY OF DElRAY BEACH LEVYING TNE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER, FOR CLEARING, GRAD- ING AND PAVING OF A THIRTY FOOT STRIP LYING BE- TWEEN SOUTHEAST SECOND AND THIRD STREETS, BOUNDED ON THE %'~EST BY LOT i & LOTS 18 THRU 28 INCLUSIVE IN BLOCK ?9, AND ON THE EAST BY THE ¥~ESTERLY R/W LINE OF THE F.E.C. RAILROAD RIGHT-OF-WAY TO A WIDTH OF ~NTY-FOUR FEET. (Detailed238C°PY of Ord.G-334., is at%ached hereto and forms a part hereof (See Pagefor O~d ..-G3.34 & Page~ ,2041!f~,~.ASS!ES~S ~,T ! R~OLLd) On motion of Commss~oner Molfeece and seconaec Dy ~ommssioner Earbison, the CoUncil unanimously agreed that Ordinance No. G-$$4 be PLACED on First Reading. City Manager Lawson then read - RESOLUTION NO. llg~: A RESOLUTION OF THE CITY .CODNCIL AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE GRADING AND PAV- ING OF THAT PART OF S.W. TENTH AVENUE LYING BE- T~EEN ATLANTIC AVENUE AND S.W. SECOND STREET TO A ~IDTH OF TU~E~Y-FOUR FEET. ~HEREAS, the City Council of the City of~Delray Beach, Florida, did on the 21st day of September, 1989, .b~ Resolution No. 1195, de- temmine to Proceed with the grading and paving of that part ofS. W. 10th Avenue lying between Atlantic Avenue and S. W. 2nd Street to a width of 2~ feet. M~EREAS, the Resolution providing therefor has been duly pub- lished as requir.ed b.y the city Charter, together with a notice that objections to said improvement would be heard, and ~tEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the City Manager be and he is hereby instructed to 'procee.d with the grading and paving of that part of S. W..10th Avenue lyxng betw.een Atlantic Avenue and S., W. 2nd Street to a w~dt.h of .24 feet a.ccord~ng to the plans and speci.fications here- t.ofore f~led w~th the C~ty Clerk, and a copy thereof fmled in the of- f~ce of the City Manager and kept open for the inspection of the pub- PASSED in regular session on this the Sth day of October, 1959. /S/ GEORGE TA~LBOT JR.~.,. ''~ Mayor The CoUncil, on motion of Commissioner ~¥arren and seconded by CommissiOne~ Harbison, unanimously approved PASSING and ADOPTION Of Resolution No. 1197. OCTOBER 5th, 1959. The City Manager then read - - RESOLUTION NO. 1198: A RESOLUTION OF THE CITY COUNCIL REQUIRING PLANS, SPECIFICATIONS A~D ESTINATE OF COST TO OPEN, GRADE AND PAVE THAT PA~T OF N.~JV. 14TH AVENUE LYING BE-' T%:/EEN N.W. 2ND and 3RD STREETS; THAT PART OF N.W. 8TH AVENUE LYING BET~¥EEN ATLANTIC AVEbqlE AND 2ND STREET; and THAT PART OF S.W. 1ST STREET LY- lNG BET~EN S.W. 8TH AND 14TH AVENUES. VfHEREAS, THE CITY COUNCIL OF THE CITY OF DELRAY BF~CH, FLORIDA, may deem it to-be necessary for the safety and convenience of the public to open, grade and pave 1. That part of N. W. 14th Avenue lying between N. W. 2nd & Streets; 2. That part of N. W. 8th Avenue lying between Atlantic Avenue and Northwest 2nd Street; and 3. Thatpart of S. W. 1st Street lying between Southwest 8th and 14th ~~/Avenue s. to a width of twenty-four (24) feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands abutting thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: SECTION 1. That the. City Manager be required to submit plans, specifications and an estnnate of the cost of such improvement to be made, and that the same shall be placed on file in the office of the City Manager. /S/ GEORGE TALBOT , ,J~..,. PASSED and ADOPTED on Oct. 5th, 1959. .... ~yor ' ' ' On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously approve~ PASSING and ADOPTION of Resolution No. 1198. City Manager Lawson then read - RESOLUTION NO. 1199: A RESOLUTION OF THE CITY COUNCIL ORDERING THE OPENING, GRADING AND PAVING OF THAT PART OF N.W. 14TH AVENUE LYING BET?~]~EN N.%V. 2ND AND SRD STREETS; That PART OF N.W. 8TH AVENUE LYING BETWEEN ATLANTIC AVENUE AND N.W. 2ND STREET; and THAT PART OF S.W. 1ST STREET LYING BE- TV~EEN S. W. 8TH AND 14TH AVENUES TO A UIDTH OF TWENTY- FOUR FEET. (Detailed COPY of Res. No. 1199 is attached hereto & forms a Dart (See Pages 22~-A,222-B & 222-C for Copy of Resolution No.l199)5ereof) The Council, on motion of Commissione~ Harbison and seconded by Commissioner McNeece, unanimously agr.eed'on ADOPTION of Resolution No. 1199 on this first and final read~ng. The City Manager read - - - RESOLUTION NO. 1200: A RESOLUTION OF THE CITY COUNCIL RELATING TO EXTENSION OF WATER SERVICE OUTSIDE CITY LI2~ITS. Ageneral discussi.on of the provisions as outlined in Resolution No' 1200 followed, Commissioner McNeece not being in favor of Section 2 thereof as shown in said Resolution No. 1200. Commissioner Harbison felt that provision in said Resolution should be effected whereby certain lands and parcels of land be ex- cluded from the effectiveness of said Resolution due to apparent commitments of prior Councils concerning extension of water service 6 OOTOBER ~th, 1959. outside the City ~limits, and so moved. There was no second to this motion. On motion of Commissioner McNeece that Resolution No. 1200 be tabled.and.the City Attorney be requested to a. mend same reflecting proviszon zn Section 2 thereof for such 'serwce' to be extended only where existSng.water mains run by the properties involved: a.nd seconded by Commmsszoner Croft - Call of Roll resulted in Comm~sszon- ers McNeece, Croft and. Harbison, toget, her with Mayor Talbot, b.eing in favor thereof, Commisszoner Warren being opposed. Notion carried. City Manager Lawson read - - - RESOLUTION NO. 1196: A RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DEIRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER 15 OF THE CITY CODE OF OR- DINANCES. (Detail Copy of Res.No. 1196 attached hereto and forms a part hereof) (See pages 222-D thru 222-I for copy of RESOLUTION NO. 1196.) On motion of Commissioner McNeece and seconded by Commissioner Yfarren, the Council unanimously approved PASSING and ADOPTION of Res- olution No. 1196 on this first and final reading. Mr. A. J. Michaels, addressing the Council, commented on the deplorable situati.on of 'Over-growth' and need of R/V~ Clearing along with the Lot Clearzng Program in SOUTHRIDGE S/D. The City Manager read the following report from the ~{ecreation Advisory Board: · "On September 29, 19§9 the Ci.ty of Delray Beach Recreation Ad- visory Boar~ met and request the Czty Council to consider the follow- ing recommendations: 1. Appointment of Roy Simon to be the architect for· the proposed new Community Center Building. 2. That after due 'consideration of many .factors, the site for the new Communit~ Center be located on city owned vacant land now existing at S. ~. 10th Street and S. E. 8th Avenue. 8. That due to lack of personnel to operate the building and also due to th.e' undesirability of the building as a recreation facili- ty, the Czvic Center now located on S. 'E. 2nd Avenue be discon- tinued and the budget allocation for that facility be ~reserved for future use in the new co,unity center. In addition to the above, it is announced tha't Dr. Monroe Farber has been elected Chairman of the Advisory Board, Mr. James Raymond, Vice- Chairman and Mrs. Helen Lee as Secretary of the Advisory Board. On motion of Commissioner Warren and seconded by C .o~missioner Croft, the Council unanimously agreed to defer any. action on this 'Re- port' until next ~meeting due to the possibility o~ some changes in the present plans, and further requested the City Manager to provide clarification of the 1.egality involve.d concerning the suggested ap- pointment of Mr. Roy Szmon as an architect for the proposed new Civic 'Center. ' ~ The Council, on motion of Commissioner Croft and seconded by Commissioner Ha.rbison, unanimous, ly approved payment of BILLS, as pre- sented by the C~ty Manager, subject to the appro.val of the Finance ~Committee General Fund $ 19~161,98 ~:'ater Fund - Ope.rating 41,485~62 Refundable Deposits Fund .680;54 payroll Accounts 12,898.~4 ODTOBER 5th, 1959. .city Manager Lawson informed~.the Council of the '~xpiration', on October Bt, of the Termm of N~. ~. Ben Adam~ and Mr..!Robert Totter- dale St,,. on the Palm Beach ResoUrces Developmemt Board. Commissioner EcNeece moved that Mr. H. Ben ~Ada~ms 'be reappointed for a S-year Term and Mm. Robert Totterdale Sr._,'.~e re-ap~oi.nted for a 2-year term on said Boamt~. Motion was seCond~d by Commissioner C~6ft and unanimously approved. ! Commissioner Harbi~n again referred, to~"t.he newly proposed Resolution, conceIming?the City's policy relative to extension of wate.r service to properties outside the City limits, a_nd felt some provision for the .exclusion therefrom or'certain parcels of land should be made a Part of said ResolutiO~ and moved that a clause be added to said Resolution that - "This ~esolution shall not be con- strued to be in conflict with any existing agreement or agreements for furnishing water". Motion was .:s~econded by Commissio$er Croft and upon Call of Roll - Commissioner Harbison, Croft a~t McNeece, to- ~ethe~ with Mayor Talbot, voted,[n favor thereof, Commissioner Warren being opposed. ~.-' · The Council requested the City Manager to imVestigate the con- ditlon at 218 N. E. 1st Avenue, resultSng from ~the removal of a tree by the City, from the R/W, and to pr0vxde for replacement of sod on the law~. of Mr. & Mrs. Morgan, which may have been destroyed as well as repair any broken or sunken sidewalk due to the removal of the tree. Commissioner Harbison moved that the Chair make a study of the Council procedure and provide method of determining the necessary vote of the Council to result in favorable action on 'Ordinary' motions not provided for, nor to be in conflict with, provisions of the City Charter. Motio.n was seconded.by Commissioner Warren and upon Call of Roll - CommAssioners Harb~son, Ct.oft, McNeece and Warren voted in favor thereof, Mayor Talbot being opposed. Commissioner McNeece moved that the letter from the Chamber of C.ommerce, relative to a Po.ll of its Members, concerning the construc- . t~on of the proposed New .C~t.y Hall and Jail, be acknowledged. Mo- tion.was seconded by Commissioner Croft and upon Call of Roll - · Commxssioners McNeece, Croft an.d Harbison, tog.ether with Mayor Talbot, voted in favor thereof, Commissioner Warren~ being opposed. MEETING ADJOURNED. - ..R. D. WORTHING APPROVED: / ,, ,~,(:1] , , I ! 11o o~l" ,,' I; I I ~ ~: q 1 I ' ~ ' I ~' ~ ' I I I I tu ~t: P ~.01~ :i,,on 'ton {. .