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09-08-58 SEPTEMBER 8TH, 19§8. A.Regular Meeting of the Ci.ty Council of the City of D?lray Beach~ Florida, was.held in the Co.u~cxl Chambers at ?:80 P.M.,.w~t.h Mayor Jo LeRoy Croft ~n the Chair, C~.ty Manager ~. E. Lawson Jr., C~ty Attor-' ney Harry T, Newett and Commxssioners Col. Dugal G..Campbell~ Fred B. McNeece, George Talbot Jr., and George V. Warren being present. An opening prayer was delivered by Reverend J. W. Swanson. The Council, on motion of Commissioner MoNeece and seconded by Com- mS ssioner Talbot, unanimously approved the Minutes for the Council meetings of August 2§th and 29th. City Manager Lawson submitted Resolution N.c. 1144, .providing for t.he adoption of the 1958-19.89 Budget, reflect,uu$ the ~ntent and de- smres of the Council resultzng from the la. test xnformati.on furnished by the Councilfollowing its study and adjustment of various items appearing in the original Budget as proposed and subm~_tted by the City Manager. Co~mm~ssioner Campbell commented on the recent and apparent change of Council Members.relative to Budget amendments and the reduction of the Operating Millage from 14 N~lls to 12-1/2 as had been tenta- all tively .agreed upon by Councilmen at a previous meeting f.or study and adjustment of the Manager's proposed Budget, furth.er citzng the fact that such information had been furnished the public through the press, The Commissioner also desired to point out the fact that at the time o.f the Council being in full accord concerning providing for a reduction of 1-1/B mills from the present tax rate, the Council Mem- bers were unaware of the .existence of appreciable funds ~ unencum- bered surplus accounts which had only this day been furnxshed them, .and in v~ew of which: he was unable to recognize any need nor ~ustice ~.n revising the previously a~reed upon tax rate for 1~88-1~$9 of 12~ m~lls for opera.t~onal .levy w~th a her.etofore unknown surplus of over 0100,000. becoming avaxla~le, to lA Mills. Commissioner Campbell furthe.r stated that the City Council coul~d cut th.e operating millage to 1B~ and the debt se.trice millage to 1~ and stmll have on hand, for transfer to the ContxnEency Fund, over $~2,000. from Surp.lus after taking into consideration all monies de- sired to be set aside for street improvements. Commissioner Warren referred to the various meetings of the Coun- cil Members prior to the Public Hearing on the Budget and stated that he was prepared to submit certain suggested adjustments thereof, but as the Council were in full_a~ccord on various adj.ustments resul.ting in reduction of.millage to 12~ on operating and. l~ on debt ser.vmce, he went along wzth what he believed to be t.he.f~nal understanding of the Council as to an adequate tax rate su~fmc~ent to provide the ne- cessary funds to meet the proposed expenditu.res for the comin~.fisc.ai ~ea~, and cannot understand any need for an ~ncrease of operating m~l- mage to iA mills. Commissione.r McNeece reviewed the proposed amended Budget, incor- porating certain increases and dec.~eases from the Mana§e.~'s propgsed Budget, and providing for an Add£txonal $$0,000 to the Street Mamnte-' nance Fund and an Additional $88,000, reserVe to the Contingency Fund. The. se amendments, resulting in a deficiency of $29,285.00, caused the .majority of the Council .Members to provide such amount~ namely . $2~,285.00, from the estxmated Cash on Hand - $11§,000., commAtt~ng the balance thereof, namely $88,718.00, to the Special Assessment Fund, and moved for adoptio~ of Resolutio~ No. llAA, which, i.~ part, provides for an. Operating M~l.lage of iA Mills and'a Debt Serwce Mil- lage of 1-1/2 Mills for the Fxscal Year 1~$8-19§~. The motion was seconded by Co~aisstone~ Talbot and upon Call of Roll - Co~ssio~e~s ~cNeece and Talbot, to~sthe~ with ]~ayo~ Croft .voted in favor wtth C~ss~one~s C~bell ~ Wa~en be~ ~s. Catherine E. Strong, ~d o~e~s in ~e audience, inq~ed ~bell~ certain ~onles fo~ Cont~enoy F~s while leav[~ · o~ts set asl~e fo~ i~ove~ents, as p~OPose~, is not a v~olat~on of the City Attorney Newett, replyi~ ~e~eto, quote~ Section 74 of the City Cha~te~ which ~ea~s as follows: ~NO MO~ S~ BE D~ F~ THE T~S~Y OF THE C~Y NOR S~LL ~ OBLIGATION FOR ~ ~D~ OF ~ BE ~C~D, ~C~ ~~ TO T~ B~ APPROPR~- T ION. THE CO~C~ ~Y T~SF~ ~ ~NC~ED AP' PROPR~TION B~CE, OR ~ PORTION T~OF, FR~ O~ DEP~~, F~ OR AG~ TO ~~. THE BA~CE ~ ~ ~PR0~TION ~ICH ~ N~ BE~ ~C~~D AT THE ~ OF T~ F~CAL ~ S~ ~T TO T~ G~ F~ ~ B~ R~P~O~T~ D~ THE N~T FISCAL Co~sslone~ ~c~eece moved t~t the net ~roceea~ f~om the Sale of the Golf-Co,se, togethe~ wlth ~come f~ ~nvestment thereof, total- ~g $8~,~7~,00 ~e set aside ~ a t~ust f~ ~ to be used to t~and construotzon of a new City ~11 an~ Jail fon the City of Del- ~ay Beach. Motlon was secon~e~ By Co~ssioner Talbot and upon Call of Roll - C~ssione~s MoNeece~ Talbot, Warren ~. ~yoP C~oft voted ~ favo~ the~eof~ Co~ssionen ~be11 abstaini~, Co~ssione~ McNeece ~vea that the Re-surfacinE of "Pine as requested ~ "P~ITION" f~om a~fectea p~operty ~e~s on Pine ~ne ~d ~e~ by the City ~e~, be znclu~ed in the ove~-all stager re- pair p~O~r~,-acceptln~ ~ ~eg~ent thereto, mae by C~bell, "If, upon c~eck~g wzth th~ ~ee~ing Depa~ent~ zt is fo a to be a= antea". naea motion seconded by Talbot and ~an~ously approved. Ci}y ~na~e~ hwson read-a lette~ f~om the ~lray Beach Recreation Assoc~atzon, anted Septe~er 8th~ as follows; "~e Del~ay. Beach Recreation Association, Based on various co, t- tee rgports, wzeh to ~ke the foll~i~ neco~endation~ to the ~ity Co~czl reganding an overall ~ecreatzon p~oE~.fo~ thzs company. 1. ~at the. City i~aiately begin negotiations to acquire the ~emmde~ of ~.~.44, not ~resent~ o~ea by the Czty of DelPay Beach. . 2. ~e construction of ~o pe~nent pavzlions on the No~th end and the SOuth en~ of the public beach. New garbage Feceptacles be placed at t~e publzq beach. The ac~uzs~tzon of Lot 1, Bl?ck 1, Ocean Park (Plat Book 5, Pa~e 15) and the ac2~sitzon of the West ~lf of Lot 13 ~d all of Lot 19, Block 1, Ocean Park, Plat Book 5, 6. A mnm~ maintenance f~d of $250.~ a year for ski j=mp an~ slalom co'~se located on hke Ida. 7. Th~ con~tructio~ of a secon~ ski j~r (cost to be approx- ' ~tely ~650.~) which wo~d e~ble local skiers t~ have use of one at to~n~ent helght and one at lower h~i~ht fop begi~mers. 8. Provide a f~d that coul~ Be atspe~sea thro~ the ~- be~ of Co~oe for ski tou~ents and e~i~ztions om shows d~i~ the yea~; such f~d to ~e app~ox~te~ $2,~,00, ~a~nE you for yo~ consl~e~ation of the above reco~enaations, I ~, /S/ ~ev. A~th~ ~. C~rlesWorth ~esident s~.P~m~.R 8th, 1958 /~? ~ On motion of Commissioner McNeece, seco.n, ded by Commissioner Talbot, the Council unanimously .ap. proved that the "Request" of the Delray Beach Recreation Assoctatxon be held for stu~ and that acknowledge- ment of same be made. City Manager Lawson read and submitted an 'Application' from M~. Calamia Roy L. . and .Mr. Robert E. Archer, dated S~eptember 8rd, con- cerning ce~taxn desx.-ed deviations on Ocean Bea~h Lot 80 in connec- tion with a proposed hotel const~,uction thereon. Commissioner McNeece moved that this Reques+~ be referred to the Planning/Zoning Board for its stu~d~ and recommen~ation thereon with particuls, r~ attention being given facts a~.d lease period of property referred to i.n Section "2", Page 1 of sa~d '.%~ues~', Motion secon~- ed by Commissioner Talbot and unanimously pa~sed. The City Manager then read Ordinance No. G-2~$: (Second Reading) AN ORDINANCE PROVIDING FCR THE LICENSING OF ALL DOGS ~ITHIN THE CITY OF DELRAY BEACH: PROHIBIT- ING DOGS FROM RUNNING AT LA2GE WI. THIN THE CO.~P- OHATE L~ITS OF DELRAY BEACH: AUi'HORIZING IE~.OUKDING AND DESTRUCTION OF DOGS: PP, OVIDING A PENALTY; ~.ND REPEALING ALL ORDINANCES IN CON- FLICT THERE~fITH. There were soy.era.1 propert.y owners protesting the passing of such an Ordinance, believing certain parts thereo.f to be too severe, and unenforceable, while other property owners hmghly .favored such. con- trols being effected by the passing of Such an ordxnance, pa_rt~cula, r!y Mr. Ralph Munkers, of 220 N.W. 7th Street, who stated ~hat the con sta.nt prose.hoe o.f man,.dogs on and across his lawns .created a very.un- desirable sxtuatxon which he believed should be elimnated by enforce~ ment of such controls as outlined in the proposed ordinance, Commissioner Campbell reminded Mm. Munkers and others that there now existed Con.trois, a.s contained in Chapt. er 8 of the Co~e of Ordi- nances, which, xf furnxshed cause to function, should prove sufficient to eliminate the hazards and undesirable actions of stray dogs, par- ticularly citing Section 8-18: "IT SHALL BE UNLA~:fFUL FOR ANY PERSON WHO SHALL OWN OR BE IN CONTROL OF OR IN CHAP~E OF ANY DOG, TO ALLOW OR PER- MIT SUCH DOG TO WANDER OR STRAY UPON THE PROPERTY OF A- NOTHER .~ND DAMAGE SUCH PROPERTY. IN THE EVF.~ THAT ANY SUCH DOG SHALL WANDER OR STRAY UPON THE PROPERTY OF ~NY PERSON W~THIN THE CORPORATE LIM- ITS OF THE CITY ~.ND SHALL CAUSE DAMAGE THE2EON, PROOF OF SUCH DAMAGE AND THE IDENTITY OF THE DO~ SHALL BE SUFFICIENT TO CONVICT THE PERSON OWNING OR HAVING CHAP~E OF OR CONTROL OF THE DOG OF VIOLATING THE TERMS AND PROVISIONS OF THIS SECTION," Commissioner Cs~m~bell then moved that this matter be tabled and said Ordinance No. ~--29~ be held on fi.lc against the ~ay when it may be nee8~.~, l~otion seconded by Commissxoner Warren and upon .Call of Roll - Commissioners Campbell, Warren and Mayor Croft vo~ed ~n .favor thereof, Commissioners HcNeece and Talbot being opposed. C.cm?~.ssioner Ce~mpbell reminded all those present of s~mlar nature, heretofore, had been solv¢~ to e. cons~d¢::able gree through ~he ai~ of 2h.e press and hoped.'~hat the City would convey such infor~e.t~on as reflected in Chapter 8 of the Code of Ordinances to ,.ne Press and also to direct the proper depart~nent heads to exert every effort to aid in the elimination of such alleged nuis~ulces. City Manager Lawson then read the following Resolutions: RESOLUTION NO. 1140. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEI/~AY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE CONSTRUCTION OF STORM DRAINS IN SECTION "B" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1868, TOGETHER WITH INSTALLATION OF ~ATCH BASINS, MAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION .WITH SUCH STORM DRAINS. RESOLUTION NO. llil. A RESOLUTION OF THE CITY COUNOIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE CONSTRUCTION OF STORM DRAINS IN SECTION "C" AS SHO%'~ ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1868, TOGETHER WITH INSTALLATION OF CATCH .BASINS, MAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION WITH SUCH STORM IRAINS. RESOLUTION NO. 114~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE CONSTRUCTION OF STORM DRAINS IN SECTION "F" AS SH(~N ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1888, TOGETHER WITH INSTALLATION OF CATCH BASINS, MAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION %7/TH SUCH STORM DRAINS. RESOLUTION NO. 1145. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE CONSTRUCTION OF STORM DRAINS IN SECTION "G" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1868, TOGETHER WITH INSTALLATION OF CATCH BASINS, NAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION VITH SUCH STORM DRAINS. On motion of Commissio.ner Campbell and seconded.by Commissioner McNeece, the Council unanxmousty approved the Passln. g and Adoption of Resolutions No.s 1140, 1141, 1142 and 1148, on f~rst and final readings. The City HandSet then read a Report fr.? the Planning & Zoning Board, together with a letter from Georg.e S~mons Jr., dated Septem- ber 5th, 1958, concerning necessary studies and work that would be included in a pre~aration of a Comprehensive. City Plan for the City of D.elray Beach, which, in pa.rt, pertains to necessary procedure to obtain any financial cooperatxon from the Federal Govern~.ent and that any such plan must be prepared and approved by the Flora. da State De- velopment Commission and the U. S. District office in Atlanta. The Council, on motion of Commissioner Warren and ~.econded by Commissioner Campbell, unanimously agreed that the Planning Board's Report, together with Mr.o Simon's. recommendations concern~nE' the pre- paration or a Comprehensive Cxty Plan for Delray Beach, be filed for future reference and use. On motion of Commissioner Campbell, seconded by CT~mis.sioner McNeece, the Council unanimou.sly approved p.ayment of Balls ~.n the amount of $27,870.21,.as submitt.ed by the City Nanager, sub,oct to the approval of the F~nance Committee. The Council unanimously approved payment to Attorney Harry T. N.ewett, on motion of Commissioner Campbell and seconded by Commis- sxoner Talbot, for Services rendered and xn the amounts as shown low: RE:"Violation of Sanitation Laws - Municipal Court 8/8/§8 $ 30.00 RE: Civil Service Hearings August Sth & 18th, 1988 $80.00 SEPTEMBER 8th, 1958. 151 Col. Andrew Fabens informed the Council that information had re.ached h.~m indicating tha.t Palm Beach County Co.m~i.'ssion is to meet th~s comAng Friday to consxder the possible location of a Junk yard ~ust north of Breezy Ridge Estates which would be most undesirable to the City of Delray Beach. Commissioner Campbell moved that the City Manager be requested to contact the County Commission concerning the above and if found to be on an. age. nda for con.sideration, to forward, by letter, an ex- pressed object,on of the .City of. De.lray B.each for any such permit being granted, or any zoning deviation being allowed. The Council, on motion of Commissioner McNeece and seconded by Commissioner Campbell, unanimously approved providing for a "Left Lane· Turn" at W. Atlantic & 8th Avenues, and also Swinton & Atlantic Ave's., .... '! f! 0 together wxth w~dening of Atlantic Avenue to perm, such Lanes f r the express purpose o~ eliminating the traffic hazard, with costs of suchprovisions to be borne b.y the.Special. Improvement Fund, subject to approval by the Coumty whxch maxnta~ns these two arteries. On motion of Commissioner Campbell and seconded by Commissioner McNeece, the Council unanimously approved causing a hearing to be held on Monday, September 22nd, at ?:80 P.M., for the purpose of granting WILLIE MAE E~D.WARDS an opportunity to show cause why her Li- cense No. 412, permittxng sale of Beer & Wine, should not be revoked. MEETING ADJOURNED. R. D. WORTHING APPROVED:~, ~//~.~_/ .~ ~,~//~~- city clerk .... AMENDNE~ NO. 1 - - - - MINUTES of SEPT 8TH, 1958. The follow, inS action of the Council was inadvertently omitted from the orig~na~ minutes of the meeting held on September 8th, 1958: Commissioner Talbot moved that, in view of the period for nego- tiation with "Peerless Insurance Company, concerning the contract for construction of Storm Drains in Section-"D" with th~ now bankru~t Seminole Construction Co. of Fort Lauderdale, which Company is ~he Principal in the Sur?ty Bond No. 281,426, issued by said Peerless In- surance Company, expires at mid-night on Tuesday, September 9th, '§8, and the CityManager is requested to expedite, as much as ible, the Re-advertising for Bids to complete said project "D", poss and take B ch steps as ma~ be necessary to assure completion of this construc- mon at the earhest possible date. Motion seconded by Commissioner McNeece and unanimously approved. ~ . - R. D. WORTHING APPROVED:~/"~_,~,~ ~-, ~y~ ~.. ~~., City Clerk ....