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03-29-49SpMtg MARCH 29TH, 1949 A Special Meeting of the City Council, together with the Golf Committee was held in the Council Chambers at 8 P. M., with Mayor J. L. Saunders in the Chair, and City Attorney John Moore, City Manager Charles E. Black, and the following Councilmen present: John N. Kabler, Nell E. MacMillan, and Walter A. Roth, a quorum being present. City Manager Black advised the Council that he had received a reply from Thomas M. Cook & Co. of West p~lm Beach, with reference to our offer to purchase City of Delray Beach Refunding Bonds at 87 and interest, stating that their clien~ would not accept this price, but would sell the bonds at 90 and accrued interest. The letter also stated that the latest Blue List of current Municipal offer- ings listed $ 7,000.00 Bonds being offered at 94, which they believed were the only other bonds availabe at this time. A motion was made by Councilman MacMillan, seconded by Councilman Roth, that an offer of 88 plus interest be submitted to Thomas M. Cook & Co., and upon call of roll the motion carried unanimously. The following letter from City Attorney Moore, relating to the dedication of anJalley between Lots 8, 9, l0 and ll, Seestedth-Stevens Subdivision, was read: "March 22, 1949 City Council, City of Delray Beach, Delray Beach, Florida. Re: Question of dedication of Streets, Seestedt-Stevens Sub-division, Delray Beach, Florida. Gentlemen: I have been requested to ascertain the legal stat-.,s of that particular ten foot strip of~ land in the above captioned sub-division running north and south and lying between. N. E. 2nd Street on the north and N. E. 1st Court on the south. I would like to call your attention particularly to the dedication of the above captioned sub-division wherein it is Stated that the "streets" were dedicated to public use. A review of the sub-division as filed will reflect that the only street of any size is N. E. 1st Court which appears appro~M_'m~tely in the middle of said sub-division. Therefore, it is my opinion that by using the plural rather than the singular, the owner intended the ten foot strip referred to be used as an access street between N. E. 1st Court and N. E. 2nd Street. I would further like to call your attention to another ten foot strip lying south of N. E. 1st Court and running east and west and which is an approximate continuation of the ten foot strip in question. I do not believe that there could be any doubt that it was the intention of the owner to dedicate this ten foot strip for use as an access street to Lot 29 in said sub-division because, without a street running from N. E. 1st Court to Lot 29, said lot womld be inaccessible. This, of course, is exceedingly strong evidence to the fact that when the dedication was originally made it was the intention of the owner to dedicate said ten foot strip for public use. MARCH 29~N, 1949 I would further like to call your attention to the certificate od dedication signed by Mrs. Cornelia B. Stevens, which is dated December 16, 1946. This certif- icate of dedication states .among other things and in effect that it was her intent- ion to dedicate the aforesaid ten foot strip as a street, There ~zrther appears on record a deed conveying said ten foot strip between. Lots 10 and 11, said deed being subject, however, to what rights the City may have in said strip. In my opin- ion, this deed is null and void and would convey no right or title to the grantee named therein because, as previously stated, this ten foot strip had been dedicated for public use. Yours very truly, (Si~ned) Jqhu Moore JM/hs John Moore, City Attorney" The matter was tabled 'pending the approval of abandonment of this alley by the owner of Lots 8 and 9. City Manager Black advised the Council that he had received a request from the Town of Gulf Stream to furnish them fire protection. He stated that he and the Fire Chief had considered such a possibility, and submitted the following minimum figures whibh they felt should be offered: $ 50.00 per month retainer fee, regardless of runs, plus the following charge for each fire: General Alarms - $ 40.00 for ~2 Truck 25.00 " #3 Truck or ~ 5 Truck 15.00 " Jeep 5.00 per man hour or fraction thereof. Brush Fires 25.00 per truck for 1st hour, and $ 10.00 per hour thereafter 15.00 Jeep " " " "' 5.00 " " " 1. O0 per man hour. This flat fee of $ 50.00 per month might be too low, Mr. Black believed, but they have had no fires recently, except one or two small brush fires. Councilman MacMillan suggested a flat annual fee of $ !,000.00 plus extra charges for each fire, and favored entering into such an agreement. Councilman Kabler did not atoprove of guaranteeing protection to any territory outside of the City limits. He felt that Delray Beach should have priority at all times, and that our Fire Department should answer emergency calls only. City Attorney Moore advised the Council that by entering into a contract with the Town of Gulf Stream, other areas just outside of the City would ask for the same protection, and would therefore never want to be annexed to the City. Councilman Kabler contended that all areas outside of the City should be on the same basis, and that it should be only a moral obligation of this City to help put out a fire if needed. City Manager Black then explained that a certain amount of equipment is re- quired by the Underwriters Association to be maintained for a certain size City, and that we now have one piece of equipment which might be considered a stand-by. He also stated that the same limitations would have to be considered in arriving at Gulf Strsam as on the Beach. By increasing the protection area to include Gulf Stream it might hasten the day when a Fire Station on the Beach would be more p~act- ical. MARCH 29TH, 1949 Mr. W. A. Jacobs questioned the right of the City to sell this service out- side of the City limits unless it could be classed as surplus. The possibility of setting the charge for this service high enough to furnish the extra equipment which might be needed, was considered. Coumcilman Kabler felt that such a price would stop them from entering into a contract, as well as the assurance that this City would have to have to have priority in fire protection. He again expressed his disapproval of entering into any kind of contract for City service. After further consideration, the Council agreed to meet with officials of the To~nmof Gulf Stream, to consider the matter again. Members of the Golf Committee, with Mr. Mike L. Blank, as Chairman, took their places at the Council table. Mr. Ben Adams, from the audience, accused the City Council and Golf Committee of violating a City Ordinance by selling City owned caddy carts to Ralph Stewart without advertising for bids. Upon advise of the City Attorney that the Charter provides that full compet- ition should be given on any sale of over $ lO0.O0, a motion was made by Council- man Ma~4illan, seconded by Councilman Kabler, that an Invitation for Bids to pur- chachase the caddy carts be published, without setting the amount of base bid re- quired. Upon call of roll the motion carried unanimously. Mr. Blank then stated that the Golf Committee had come to this meeting in regard to the financing of nine additional holes on the Golf Course, and asked for suggestions from the Council. He advised the Council that Mr. Dick Wil~on had offered to work on the laying out of the additonal nine holes without charge, if the City would! agree to pay his expenses to come here from wherever he happened to be, about once a month. He estimated the cost of roughing in the ground would be about $ 30,000.00, and after that the City can determine what they want to do in regard to top soil and grass. By using City equipment and labor the roughing in co-old be started without any extra expense, Mr. Blank stated. He also said that if Revenue Certificates could be issued for a period of from ten to fifteen years, he knew of one person who would buy the entire issue at about 4% interest. City Attorney Moore then advised the Committee that under the present Charter, Revenue Certificates could not be issued for this purpose. A provision is contained in the new Charter, however, to provide for the pledging of a franchise tax, utility taxes, etc., or any portion thereof, for the repayment of Revenue Certificates for such a purpose. As the new Charter will not become effective until approved by the Legislature and voted on at a special election, there was no way the City Council could pledge any revenue for the repayment of certificates at the present time. Mr. Blank then asked for the use of the City bulldozer for at least two days a week, to do the roughing in, while the financing of the project was delayed. Different ways of financing the work were discussed, Councilman MacMillan suggesting that the Golf Course be leased for a period of l0 to 15 years, the lessee to make the improvements and take the revenue, with the understanding it must be maintained as a Golf Course. MAROH 29TH, 1949 Mr. Blank believed that if every organization would pledge a certain amount of money the work could be started, and completed one hole at-a time. Councilman Ksbler suggested appointing a Comm4ttee to raise the money needed by public subscription, but this method of raising funds was not con- sidered favorably by the Council, nor by the people in the audience. City MnaEer Black did not feel that the bulldozer could be spared from City work for a month at a time, which seemed to be the time estimated to rough in the nine hole extension, but he did agree to ~13ocate the bulldozer and operator for one week periods, as soon as the ground had been staked out by Mr. Wilson, as ~' to the location of tees, greens, fairways, etc. A motion was then made by Councilman MacMillan, seconded by Councilman Kabler that the Golf Committee be authorized to send for Mr. Wilson, at City expense, to stake out the land as necessary, if he was not planning to be in the City soon. Upon call of roll the motion carried unanimously. The possibility of selling City owned lots adjoining the Golf Course was discussed, and the City Attorney was instructed to investigate the purchase of a tract of land south of the road leading to the Golf Club House, which will be valuable to the City in later development. The Golf Committee then adjourned. Mr. John K. MacNab, Chairman of the Advertising Committee of the Chamber of Commerce, addressed the Council, with reference to the financing of a campaign to bring business here during the summer. He explained a program prepared by August Dorr & Co., of Miami, who had charge of our advertising program last winter, which was so sucessful; for a year round advertising program at an approximate cost of $ 15,000.00. He stated that apartment and hotel owners and merchants were interested in obtaining summer ~b~tness, and he felt tha'~ with and adver- tising and activity program this summer ms_uy apartments and some hotels Wottld stay open for the accommodation of visitors, and the merchants wo~ld be able to stay in business. Mr. McN~b further stated that the advertising, agency he recommended, estim- ated a summer advertising program would cost around $ 5,000.00, $ 10,000.00 to be set up for the winter program. ~e explained that summer tourist must be entertained with planned activities~, such as shuffleboard, golf and tennis tourn- aments, boat rides, street dances, and even "corny" attractions, which will not be expensive. Mr. Ed. Schellenberg stated that Mr. Dorr believed that Delray Beach would attract people of as high class as our winter visitors, perhaps with not as much money, but in family groups, and that by spending $ 5,000.00 for a stm~er advertis- ing program he felt sure he could keep the Town filled all summer. He knew that the merchants were definitely behind this program, and he also believed the Clubs could handle the recreation activities if we could bring the people here. Councilman Kabler thought that this was the time to try a summer advertising program, providing the merchants showed their faith and interest in it, and were willing to contribute to it. He suggested that if the merchants would contribute one-half of the amount needed the City endorse the program and contribute up to a mawqmum of $ 2500.00. MARCH:" 2~TH, 1949 Councilman MacMillan felt that it might be wiser to spend that amount of money on the Golf Course extension, as this is an intangible program, and more or less a gamble, but later stated that if the ~ merchants would contribute $2500.00, and the entire $ 5,000.00 appropriation would be spent on a summer publicity and adverttmi~g program, he would be in favor of it. Mayor Saunders ~then ~asked the Chamber of Commerce to contact hotel and aprat- ment owners, and restaurant operatior$, to find out if they will stay open during the summer, and report to the Council at its next regular meeting.- With reference to the sale of a City owned tract of land near the Seaboard Airline Railway, to a soap manufacturer, in a motion by Councilman Roth, seconded by Councilman Kabler, _u~mnimously~carried, the City Manager was authorized to offer that portion of the N~j,~of the SE~- of the SE~of Section 18, Twp. 46 S., Range 43 E., lying east of the R/W cf th~ S. A. L. railroad, and less the R/~ for State Road No. 9 as shown on Right of Way May, Section No. 9322, consisting of appro~m_ately 3.3 acres, at a base bid price of $ 350.00, providing an industry will be establis- hed there within six months. · The Council then adjourned. ' lerk ATTEST: