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02-10-58 FEBRUARY 10TH, 1958. The R?gular Meeting of the City Council was held in the Council Chambers in ~he City Hall at ?:30 P.M., with Mayor J. LeRoy Croft in the Chai~, City Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Commissioners Col. Dugal G. Campbell, Fred B. McNeese, George W. Talbot Jr., and George V. Warren being present. An opening prayer was delivered by City Manager W. E. Lawson Jr. On motion of Comm_issionerMcNeese and seconded by Commissioner Talbot, the Council unanimously approved the Minutes of the January 2?th meeting. the Council's request of January 27th, he had held two (2) discussions with Mr. l~Tarren G. Grimes and Mr. Grimes counsel, Att'y. Brand, con- cerning execution of the Sale of the Golf Course along the terms of original transmission, with slight modifications, and, further, that he ~s now preparing an amended draft which should be ready for presen tation to the. Council in about one week allowing for mailing of same to Urbana, Ohio, Att'y. Brand's headquarters, for the Attorney's ap- proval and return. Commissioner Campbell movsd for acceptance of the City Attorney's report of progress made in th~s matter, and that upon deliverance of the final draft, by the City Attorney, a Special Meeting be called to expedite final action and understanding of terms and conditions rela- tive to the aforementioned sale of the Golf Course. Motion seconded by Commissioner Talbot and unanimously passed. City Manager Lawson informed the Council that the Supt. of Public Works had made a careful study of the drainage problems of Ward I, south of Atlantic Avenue and the original survey report of Brockway, Weber.and Brockway, concerning this general area, and recommended the adoption of a plan providing drainage of this area as well as estab- lishing portion of installation costs to be shared by the City. Commissioner Campbell moved that, due to the emergency nature of this particular part of section "?, as shown on Brockway, Weber & Brockway's survey, and. the d~regt~ves of ~he State Health Bga~d, that the City proceed with installation of drainage for the specific part · · ,, I! · . · of said section H incorporating the Gleason Street Cauarlna Road intersection, in accordance with the Engineer's recommendation, on an Emergency Basi~, SUT installation to be of a Permanent nature, the City to pay twenty (20) percent of the total cos$ t~ereof, the owners of properties benefiting thereb~ to pay eight (80) percent of total cos~, and, further, that the Planning Board be requested to conduct a public hearing for further proposed drainage improvements, Section by Section, shown on Survey Report Map "Figure II" as submitted by Brocks. ay, Weber & Brockway. Motion seconded by Commissioner Talbot and unanmmously agreed. The City Manager submitted request for review of the Position Classification and Pay Plan for municipal employees inasmuch as re- vision of same appears advisable at this time, and further recommended that professional services be obtained fo~ preparation of such review, and suggested "Public Administrative Serwce, Chicago, Illinois, who are nearing c?mpletion of a similar study and review for Broward County. The Council, on motion of Commissioner Talbot and seconded by Com- . missioner McNeese, unanimously approved authorizing the City Manager to obtain the services of Public Administrative Service, Chicago, Ill., for the purpose of a complete review of the city's Pay Schedule and sub- mission of Report thereon, following unanimous Council approval of Commissioner Campbell's amendment.to said ~otion, that "Department Heads be agked to effect a study of their operatxons which should result in possxble corrections of alleged short-comings, on motion of Commissioner Talbot and seconded by Commissioner McNeese. FEBRUARY 10th, 19%8. Commissioner Talbot moved to table the appointment of an independ- ent auditor for the City of Delray Beach ~mtil the next regular meet- i~g, requesting that the Ci~yManager,.in the meantime, obtain per diem rates of qualified auditors. Motlon seconded by Commissioner V~arren and unanimou~lypassed. City Manager Lawson read the following letter: DELSEY BEACH CITY COUNCIL January 28, 1958. The Lions Club of Delray Beach, Realizing the need of a Civic Center in our city, also realizing the difficulties involved in de- ciding on ,~ location for this project, and knowing that the plans and specific~.i~.~,~.~ ~.r~e drawn up and approved, do hereby recommend that: 1.The buii~ing be located in the City Park, north of Atlantic Avenue and west of the Waterway. 2. The plans be submitted for bids at the earliest possible date. $. The building be completed as soon as possible so that the citi- zens of our city can make use of it and enjoy the privileges thereof. 4. This confirms ou~ recommendations to the Committee which were submitted last Spring. DELRAY BEACH LIONS CLUB /S/Earle F. Breisch Sec. The Council, on motion of Commissioner~arren and seconded by Com- missioner Campbell, unanimously agreed to table this matter for furthe~~ consideration. City Manager Lawson informed the Council that Mr. Marino of County Carting Company desires further time to gather some fiscal data on other citie~ and towns concerning trash collection, Commissioner Campbell moved ~hat the C~tyManager be authorized to make all possible information, concerning trash collection, available to Mr. Marino and other potential Bidders, and to cause, to be drafted, specifigations for such Bids, incorporating all nec?sary provisions for satisfactory and complete trash collection serwce for the City of Delray Beach. Motion seconded.by Commissioner Talbot and unani- mously agreed. Commissioner Campbel~ cited the apparent necessity of an educa- ~ tional program for the "Home Owners" of the city, inasmuch as but few people seem aware of what constitutes trash and that whioh constitutes garbage, following which program of educatio~ the City should endeavor to enforce the policies concerning trash and garbage. Mrs. F. J. Schrader expressed hope that a better syste~ of trash collection might be provided and referred to having observed Contractor~ throwing rubbish on vacant lots adjoining property on which they may have been engaged in construction. The CityNanager then read Ordinance No. G-279: AN ORDINANCE OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED PARCEL OF LAND LYING CONTIGUOUS TO THE EXISTING MUNICIPAL LD.~ITS OF THE CITY OF DELRAY BEACH. SAID LAND BEING AND CONSTITUTING THAT CERTAIN PROPOSED SUBDIVISION KNO~VN AS "DEL-HARBOUR", ACCORDING TO THE PROPOSED PLAT THEREOF TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAH~ BEACH COUNTY, FLA; AND PROVIDING FOR THE ZONING AND TAXATION OF SAID LAND. The Council, on motion of Commissioner Warren and seconded by Com- missioner McNeese, unanimously agreed that Ordinance No~G-279 be passed and adopted on this second and final reading. . (See Photo Copy of Ord. G-279, pages 34-A ~ 34 B) FEBRHARY lOth, 19~8. N~. Nathan S. Sharpe, addressing the Council, stated that the City of Delray Beach must soon realize the definite need for an in- cinerator, which, when becoming a reality, would go far towards solving elim.'.~mation of garbage and certain trash. City Nanager Lawso~ informed the recently formed NEV~~ Council of events, to date, relative to "Natural Gas" for Delray Beach: REPORT OFN AT~IALGAS FOR DEIP~IY BEACH "The purpose of this report is to explain to you the current tus of natural gas with respect to its possible use in Delray Beach. No attempt has been made to discuss the technical details of a natur- al gas distribution system in order to keep the report as.brief as ~ossible. Files in the office.of the City Manager, covering the per- ~od from 1954 to date, are available for your review. The first correspondence relative to the possibility of natural gas for Delray Beach was received April 2?, 1984, from the fi~m of Barnard & Burk, consulting engineers of Baton Rouge, La,. The letter stated that this firm had been engaged by the Houston Texas Gas & Oil. Corporation to make a market ~uryey and prepare negessary reports for a proposed natural gas transmission pipe line within the State of Florida. One of the main purposes of the market study was to provide sufficient data to Houston Texas Gas & Oil Corp., to support its con-- tention before the Federal Power Commission that supplying natural to theState of Florida was feasible. Barnard & Burk also submitted a proposal for preparation of a feasibility report for the City of Delray Beach which would assist the pipe line company in being'issued a certificate of public convenience and necessity from the F.P.C.. The city, however, took no action toward hmving a feasibility study ~de On October 2?, 1984, a letter was written by Smith & Gillespie, consulting engineers of Jacksonville, Florida, describing the status of the application that the pipe line company would make to the Fed- eral Power Commission. The letter repo~ted further that Houston Taxes GaS & Oil Corporation would need cities and industrial custo- mers to intervene before the F.P.C. to show need for the gas. In No- vember, 1954, Austin Smith of Smith & Gillespie, met with the City Council, discussed the matter in detail, recommended that the city obtain a feasibility study and presented a proposal for preparation of the feasibility report. The Council tabled the subject. From time to time since then, the representatives of Smith & Gillespie have contacted the city explaining the status of the proposed natural gas project and submitted an engineering proposal on November $0, Other firms which have offered their services for preparation of a feasibility report are Reynolds, Smith & Hills, Jacksonville, Fla; J. J. Harte Co., Atlanta, Ga., Goodwin Engineering of the South, Inc., Birmingham, Als., and Smally, Wellford, Scott, Allen & Hoshall, of Memphis, Tenn. Up to the date of this report, two private firms have requested . a natural gas franchise from the City of Delray Beach. In chronolog ical order, the first request was made by Florida Public Utilities Co., of West Palm Beach, by Mr. J. K. Roberts, vice-president, in April 198§. From time to time since that date, this company has con- tacted the city to show that they are still interested in acquiring a natural gas franchise. During the months of March and April 1987, representatives of the Sun Coast Gas Company, with an office at llOE. Palmetto Park Road in Boca Raton, also requested the natural gas franchise from the city. These representatives were Raphael S. Roberts and L. C. Smyth. According to the latest information available, Houston Texas Gas & Oil Corp has placed an order for materials to construct the trans- mission line, and construction is anticipated to be completed by early 1959. If it is considered desirable that natural gas be s~pplied to. Delray Beach under the initial allocation, either by municipal opera tion or through a franchise, some action should be taken in the very ness future. It is the recommendation of the city manager that the city acquire a feasibility report from a competent engineering firm as soon as practicable. With a feasibility report, the city would be in a posi- tion to decide if it were feasible to operate a municipal system. On the .other hand, if the decision were that it would be to the best FEBRUARY 10th, 1958. interests of the citizens for the city to award a franchise, the data in the report could be used in drafting specifications for bids. One of the specifications could be that the successful bidder shall pay the City a sum equal to the cost of the fea~sibility report. A complete feasibility report would cost between $$,000 and $4,00~. CITY MANAGER W.E. IAVfSON JR.. On motion of Commissioner Warren, seconded by Commissioner Campbell~ the Council unanimously agreed to table this matter of natural gas pro- vision, for the City of Delray Beach, indefinitely. City Ymnager Lawson then read the Planning Board's only Report, dated Feb~ua~? 8th~ 1988: RE: Delray Crematorium- Block 97, 806 N.E. 5th Avenue. As directed by .your action of January 27th, our board met with Scobee concerning h~s proposal of that date, suggesting the cemetery as a suitable location of the crematory. In as much as the City of Miami has directed that crematories there be located in cemeteries, and Mr. Scobee's assurance that the exterior w~ll be made attractive and be landscaped, and. that the interior will be in accordance with the best modern practice, we reco~r~mend that the c~ty se.ll or lease land within the city cemetery for this purpose. It ~s further recommended that crematories in the future be limited to this area. Five members of our board approved the above, N~.~ Blake and Totterdale were absent. PLANNING/ZONING BOARD Commissioner McNeese moved for acceptance of the Planning Board's report and provision, by the City, for location of the Crematory in suitable area of the Delray Beach Cemetery lands. Motion was seconded by Commissioner Talbot, which motion was unanimously passed by the Council, following acceptance by Commissioners McNeese and Talbot, and unanimous approval of the Council, of an amendment thereto by Commis- sioner Campbell that the matter be tabled for thirty (SI)) da~s in order to allow time for further consideration of a location for said cremator~ and mutual discussion of same by the Council and Mr. Scobee. The Council, on motion of Commissioner Warren and seconded by Com- missioner NcNeese, ananimously approved f.or ~.ayment, sub~eqt to the approval of the Finance Committee, Bills ~n ~he amount of $61,026.85, as presented by the City Manager. Commissioner McNeese moved that $1,050.00 be provided from Unap- propriated Sumplus to the General Fund fo~ the purpose of meeting ~emi-annual interest due on Golf Revenue Certificates, same not having b.een provided for in the.cu,.rent budset inasmuch as at Budget prepara- tion time, payment of prxnc~pal and ~nterest were expected to be made from Golf Course Revenue, Notion seconded by Commissioner Talbot and unanimously passed. With reference to con~lemnation proveedings on a house located at 828 N.W, 4th Avenue - on Lot 14, Block 25, due to non-compliance with building, plumbing and electrical.code requi.remen.ts, Commissioner Campbell moved that a public hearing be provided mn order to grant the owner of said property or any other interest party or parties the opportunity of being heard. Motion seconded by Commissioner Talbot and unanimously ~gree~. .The. Council, on motion of Commissioner. Campbell an~ seconded by Commass~oner Talbot, unanimously approved.mssuance of "Duplicate" Tax- Sale Certificate to REPLACE Tax Sale Certificate No. 15, dated June 5, allesed to have been lost or destroyed by its holder - Mrs. Agnes Munnxngs. FEBRUARY 10th, 1958, The Council, on motion of Commissioner EcNeese and seconded by Commissioner Campbell, unanimously agreed that License be approved and issued to Winston & Juanita Davis for operation of "Jones's Inn" at the S.~. Corner of West Atlantic & Fifth Avenues. CityManager Lawson read the following letter: TO OFFICE OF THE 1.~.YOR February 5, 1958. "~¢e are. preparing to set up. a smallplant somewhere in south Fla., Products wmll be die-molded reinforced plastic, mostly fiber glass. Ne will employ 12 tc 15 people by the end of the first 6 months, 20 to 25 within a year. ~Te expec% to level off in $ or 4 years at about 65 to 75. We are addressing this letter to 9 cities with the idea of loca- ting where we can obtain the best deal. Do you offer any inducements ~ such as buildings or land?" ROBE~T S. CAVINESS, Pres. 1550 Rockville Pike, Rockville, Maryland. On motion of Commissioner Warren, seconded by Commissioner Campbell~ the Council unanimously approved referral of the foregoing letter to the Chamber of Commerce for its recommendation. The City Manager then read the following letter: FIESTA DEL SOL Lake Worth, Fla. , ~YOR LeROY CROFT February 5, 1958~ On January 15, 1958,'we extended an invitation to you to partici- pate in our Fiesta del Sol Parade, which will be held on Friday, March 4, at ?:00 P.M. The most effective way for you to take part in this gigantic spec- tacle would be by having a float representing your City. Ngt having heard from you and considering how fast time marches on, w~ll you please be good enough to advise us by return mail, if possible, whether or not we can count on your participation. LEE HINER Parade Narsh~2 FIESTA DEL SOL The Council, on motion of Commissioner Campbell, seconded by Com- missioner i~arren, unanimously agreed that this letter be referred to the Chamber of Commerce relative to a Float from Delray Beach being provided for "Fiesta del Sol". Mr. Stephen Miller, 808 N.E. 8th Avenue, complained of smoke and ~ odors emanating f~om constant burning of rubbish and vegetation on lands lying between the Waterway and Andrews Avenue immedmately south of eighth street, further stating that he had observed City trucks dumping rubbish on said land. The City Nanager assured Mr. Miller that an immediate investiga- tion of this matter would be made and corrective measures taken to eliminate any city trucks going onto this land if such has been allowed to happen, and further that the County authorities would be contacted, this land lying outside the city limits, forpossible curtailment of this alleged nuisance. City Attorney Newett informed the Coumil that the Case of validity, concerning the exchange of the City owned Lot 20, Section 20-48-AS.,.for Block 50,.Delray B~ach, F19rida,.ln Nay of 1958, was today held valzd. Block 50 ms now being utilmzed, ~n part, for~?ater Plant System expan- sion~ The validity of this particular transaction waS due, in the main, to Section 119 of the Charter of Delray Beach, inasmuch as acquisition of Lot ~0, Sec. 20-48-45 was by foreclosure and conveyance thereof to the City of Delray Beach being by Master's Deed. FEBRUARY lOth, 1958. Reporter, Bill Beck of the Miami Herald, requested the Council to consider supplyinE the various News Reporters with the City Manager's "Preface" along wlth copy of the Agenda, as was once a policy in the City. Commissioner Campbell reminded the Council.that the "Preface" is prepared by the City Manager for guidance and a~d to the Members of Council c?cerning the many items appearing on the Agenda, and often may materially cha~ge in context, and news item references, based on contents of th? original "Prefage" would only result in misleading ~nd confusing ~nformat~on reaching the public prior to a Council meet- lng, The Council, on motion of CommissionerWarrenand seconded by Commissioner McNeese, unanimously approved denial of the request and directed that pressnt policy of the Agenda being distributed when completed, be continued, and that a copy of the Manager's "Preface" be furnished each news representative at the scheduled time of Coun- cil Meetings, presently 7:30 P. M. Col. Andrew Fabens inquired, on behalf of the Planning/Zoning Board, as to just what might be expected of the Board relative to conducting public hearings concerning the various stages of Drainage I~.provemen~ prosects inWard One now being cmutemplated and was ad- wsed by C~tyManager Lawson that the Council had, this evening, de- temmined the Cost Sharing Policy for such improvement and that the Council desires t~e Planning Board to explain to the ~roperty.owners involved, by sections, and who shall definitelybenef~t by s~d im provement, the over-all plan, approximate cost to each benefxted property and the actual exSent of the proposed Drainage Improvement projectas recommended by Brockway, Weber & Brockway following their Survey and Report in conjunction with those of the City's Public Work~ Department, but, further, that final procedures shall be in compliance with the Charter and Code of Ordinances pertaining to local improve- ments would, of necessity, follow. Commissioner Campbell further informed Col. Fabens that the Coun- cil had, du~ing this meeting, determined a parb of Section "H", as ~hown on the Re~ort of Brockway, Weber & Brockway, to be an emergsncy ~mprovement, sa~d area centering around Gleason Street and Casuar~na Rgad intersection, and that ~he Planning Board would not hold any.pub- l~c hearing on this one particular part of the area for which drainage improvement installations, in Ward One - sOuth of Atlantic Avenue, have been determined to be needed. Commissioner Campbell then moved that the City Attorney be in- structed to prepare necessary ads and resolutions for drainage im- provement installation in this specificpart of Section "H", shown on the Survey Report, to avoid undue delay in procedure, and that the City Nanager be requested to notify property owners in that par- ticular area of Section "H" affected by this declared emergency im- provement, by phone and certified mail, that a Special Meeting of the Council will be held at 1:00 P.M,, Friday, February lath, ~n the Coun- cil Chambers at the City Hall for the purpose of providing hearing concerning the determined emergency drainage improvement in the above described area, granting, to all concerned, the opportunity of being heard. Motion was seconded by Commissioner Talbot and unani- mouslypassed, ADJOURNED. _. i ~ ~': ~" ~ ~:'' .i ~?' ~'~"~'~ ," 7--4 city Cle r~k / APPROVED: ~ ~~~ ~E ORDIN.iNCE NO. G-279. AN ORDINAI~CE OF THE CITY COUNCIL OF THE CITY OF DELR~Y BEACH, FLC~IDA, A~NEXING TO THE CITY THE FOLLOWING DESCRIBED PARCEL OF LAND.LYII~G.CONTIG, UOUS TO THE EXISTING MUNICIPAL LINITS OF THE CITY OF DELP~.Y BEACH. SAID LAND BEING AND CONSTITUTING THAT CERTAIN PROPOSED S~DIVISION KNOWN AS "DEL- ~LIRBOUR", ACCORDIi~G TO THE PROPOSED PLAT THEREOF TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PA.I~ BEACH COUNTY,-FI~; AND PROVIDING ~OR THE ZONING A~$ TAXATION OF SAID ~EREAS, the City Council of the City of Delray Beach, Florida, has determined that the hereinafter described land is contiguous to the existing municipal boundary lines of the City of Delray Beach, Palm Beach county, Florida; and WHEREAS, TOTTERDALE DEVELOI~IENT, INC., a Florida corporation, joined by JOHN ~. SPINNER and PHYLLIS M. SPINNER, his wife, the fee simple title holders of the property hereinafter described, have here- tofore by their joint Petitiom .for Annexation, consented and given permission for the annexation'of said property by the City of Delray Beach; and? ~HEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with its Charter, as amended, granted it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beac.h County, Florida, does hereby annex to said City the follow- ing described tracts or parcel of land located in Palm Beach County, Florida, which lie contiguous to the existing boundaries of said city, to-wit: Beginning at the intersection of the south line of Delray Beach Shores, recorded in Plat Book 23; Page 167, with the easterly ~ight of way line of the Intracoastal ~¥ate~way as said right of way is shown, on plat recorded in Plat BoOk 17, Pages 17B and 18x Public Records of Palm Beach County, Florida; thence S. 1~ 25' 80" W. along said easterly right of way line, a distance of 525.70 feet (for convenience the south line of said Delray Beach Shores is assumed to bear East-~est and all other bearings are relative thereto); thence S. 0° $1' 10" W., a distance of 785.02 feet, more or less, to a pgint in a line.parallel to, and 2000 feet northerly from (measured at r~ght angles), the East-West Quarter Section line of said Section 28; thence N. 89o 58' 15" E. along said parallel line, a distance of 649.96 feet, more or less, to the center line of State Road AiA as now laid out and in use; thence northerly along the arc of a curve concave to the east, being the center line of said State Road No. A1A, having a radius of 17,188.80 ft a distance of 884.92 feet to the end of said curve; thence N. 90 39' $0" E. along the tangent to said curve, a dis- tance of 420.S$ feet to a point in the easterly extension of the south line of said Delray Beach Shores; thence West along said S.outh line, a distance of 826.43 feet to the point of beginning. SUBJECT to the existing right of way for State Road No. AIA. ALSO Lot "A", Detray Beach Shores according to the plat thereof · .~ recorded in Plat BOok 28, Page 167, Public Records of Palm Beach County, Florida. ALL being ~in Sections 21 and 28, Township 46 South, Range 43 East. SECTION 2'. That the bOUndaries of the City of DelrayBeach are hereby redefined so as to include therein the above described tracts of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Florida, SECTION S. That the Property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for ad valorem taxes in excess of an annual tax of $10.00 per lot as shown on said proposed plat of D.~L HAF~OUR for ten years from the date of the enactment of this ordinance. In the event, however, any such lot is sold, trans- ferred or otherwise disposed of by TOTTERD~LE DEVELOPMENT, INC., to any other person, firm or corporation (including stockholders, offi- cers or directors of said owner) or in the event any building is constructed on any lot, then such lot shall be subject to normal taxation, including the bonded .indebtedness of the City of Delray Beach, Florida. SECTION 4. The property hereinabove described and herein an- nexed to the City of De,ray Beach, Florida, is taken into said City under the following zoning regulations and conditions: (a) Residence "R-$" district shall be applicable to Lot No. i and Lots numbered 19 through 27, inclusive, shown upon said plat of DEL-HARBOUR. (b) Residence "R-l-AA" district shall be applicable to L~ts numbered ~ through 18, inclusive, and 28 through 44, inclu- sive, shown upon said plat of DEL-HARBOUR. SECTION 5. That, if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion of said Ordinance. PASSED in regular session on the second and final reading this 10th day of February , A.D. 1988. -~ ~ M'A Y 0 R ATTEST:~~~lye~~~~~' 1st Reading. 2nd Reading .....