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07-29-46 Special L6q 10 JULY 29TH, 1946. Special meeting of the City Council was held at 10:00 A. M. in the City Manager's Office with Mayor M. M. DeWitt in the Chair, and City Manager H. P, Edmond and the following Councilmen present: B. C. Butler, F. B. McNeece and J. B. Smith, a quorum being present. The following notice from the U. S. War Depatrtment was presented and read in full, as follows: WAR DEPARTMENT UNITED STATED ENGINEER OFFICE 575 RIVERSIDE AVENUE JACKSONVILlE, FLORIDA SAKW-3 800.61 (6699) 26 July 1946 NOTICE OF APPLICATION FOR WAR DEPARTMENT PERMIT TO WHOM IT MAY CONCERN: 1. Application has been made to the War Department by the Pelican Beach Apartments, Inc., c/o Geo. S. Bro'l1kway, Engineer, Guaranty Bldg., West Palm Beach, Florida, for a permit to construct a groin, in the Straits of Florida, at applicant's property, at the foot of Seaview Avenue, in Section 34, T. 45 s., R. 43 E., Palm Beach County, about 1.34 miles south of Ocean Avenue, Boynton, Florida. '!.he proposed timber and steel sheet pile groin would project into the waterway about 180 feet from the mean high-water shore line, and w9uld extend landward from the said shoreline about 35 feet. The top of the Groin would be at elevation 1.0 feet above mean low water at the seaward end and 11.0 feet at the landward end, extending underground about 35 feet to the center of State Road No. 140. The landward end would be nine feet below the surface of said road. '!.he groin would be constructed of steel sheet piles with two 6" x 8" timber wales, and one ply of steel sheet piles between the wales. 2. Plans of this work may be seen at the U. S. Engineer Office, 575 Riverside AvenU9, Jacksonvill.e, Florida, and at the office of the Engineer in Charge, U. S. Engireer sub-office, Miami Beach, Florida. 3. It is not proposed to hold a public hearing on this application, Amyone desiring to protest the proposed work from the stand point of its interference with, or effect upoh, navigation should submit such protest in writing, with reasons in sufficient detail to pennitintelligent consideration. Protest should be mailed to the District Engineer, U. S. Engineer Office, P. O. Box 4970, Jackson- ville, Florida, in time to be recehed on or before 5 August 1946. Signed BLASE NEMETH, Major, Corps of Engineers Acting District Engineer" The following resolution was then introduced, and same was read in full: 2loQ 1 JULY 29TH, 1946. Rl!SOLUTION NO. 593 A Rl!SOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROTESTING AGAINST '!HE CONSTRUCTION OF A GROIN IN SECTION 34, TOWNSHIP 45 S., RANGE 43 E. WHEREAS, it has come to the attention of the City Council of the City of Delray Beach, Florida, that an application has been made to the War Department by the Pelican Beach Apartments, Inc., C/O Geo. S. Brockway, Engineer, Guaranty Building, West Palm Beach, Florida, for a permit to construct a groin in the straits of Florida, at the foot of Seaview Avenue in Section 34, Township 45 S., Range 43 E., Palm Beach County, Florida, and WHEREAS, it is the opinion of the City Council of the City of Delray Beach that the construction of such a groin will cause the erosion of the beach to the south of such groin and necessitate the construction of additional groins to the south thereof to stop such erosion, and . WHEREAS, eventually the construction of such groins would reach the City of Delray Beach and wouid seriously damage the one mile of public beach maintained by said City, and WHEREAS, the City Council of the .city of Delray Beach is of the opinion that no useful purpose will be served by the erection of such groin, am that it will interfere with navigation, NOW, THEREFORE, BE IT Rl!SOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City of Delray Beach hereby protests and objects to the construction of the above described groin for the reasons above set forth. Flor ida. SECTION 2. That a copy of this Rasolution be mailed to the District Engineer, Un! ted States Engineers Office, P. O. Box 4970, Jacksonville, PASSED in Special Session on this the 29th day of July, 1946. (Signed) M. M. DeWitt President of City Council, APPROVED : (Signed) M. M. DeWitt Mayor ATTEST: (Signed) Ruth R. Smith City Clerk . . ,... '*' ,........ (SEAL) Lbq 1> JULY 29TH, 1946. Mayor DeWitt explained that the construction of the above proposed groin would force the Town of Gulfstream to build groins to protect their property, am this would make it necessary for the City of Delray Beach to build groins along their ocean front within a few years, to protect their mile of beach. Mayor DeWitt stated further that a copy of the above notice from the War Department, together with a copy of the foregoing Resolution protesting against the granting of the permit, would be mailed to property owners along the ocean front, asking that they use every effort to prevent this groin being constructed, as well as to aU Congressmen and War Department Engineers. Mr. J. Roche, Editor of the Delray Beach News, suggested that they conduct an inquiring reporter campaign to obtain protests from people on the street, which would be printed in his paper on August 2nd. Upon motion of Councilman Butler, seconded by Councilman McNeeee, unll1.imously carried, the foregoing Resolution No. 593 was passed and adopted as read. It was the opinion of the Council that a formal protest should be made by a representative of the City, in person, at the hearing on August 5th in Jacksonville, and if the permit is granted at that time, the City should take legal action to prevent the construction of the groin. In the meantime, County organizations and local civic organizations will be contacted to obtain all the letters of protest possible, together with expressions of protest from property owners who would be effected. City Manager Edmond advised that the County Engineer had asked that the City fight the construction, stating that their County Erosion Board will protest it, as they have always recanmended the elimination of groins. City Manager Edm:>nd subnitted a proposed bmget covering salaries for the coming year, asking the Council to act as a joint Finance Committee to sonsider sall8 . The budget, as proposed, showed a 10% increase in salary in almost all instances, and same, if adopted, would become effective October 1st, 1946. The salary for the Municipal Judge was considered, but it was the consensus of opillion of the Council that the position did not warrant an increase of more than 10%. The position of Manager of the Golf Club was discussed, and CounUl agreed that by keeping a Janitress for the Club House, and a caretaker for the course itself, the City should be able to obtain a Golf Professional at no salary by giving him the concessions, arrangements for filling this position to be discussed with the Golf Committee. . Mr. Ednond advised the Council that Mr. Wilson Harvel, Ass't. Superintendent of Public Works, had turned in his resignation several weeks ago contingent upon an increase in salary to $ 250.00 a month. Council discussed this position at length, but no decision was reached to increase this salary more than 10% City Manager Edmond reconunended the tennination of t!:te employment of the Fire Chief, Martin W. Barrows, and the Chief Mechanic, J, L. Helvenston, giving his reasons for doing so as failure to cooperate with the City Administration, and causing dissention among other Department Hyds. .. :;t.bY\ I I JULY 29TH, 1946. A motion was made by Councilman McNeece, seconded by Councilman Smith, that the recommendations of the City Manager be approved, to becOJllEl effective August 1st, each to be paid two weeks additional salary. Upon call of roll the motion carried unanimously. The following Resolution was then presented, and same was read in full: RESOLUTION NO. 594 A Rl!SOLUTION OF THE CITY COUNCIL OF '!HE CITY OF DELRAY BEACH, FIDRIDA, ELECTING TO PROCEED WITH TAX FORECUlSURE UNDER THE PROVISIONS OF CHAPTER 173, FLORIDA STATUTES 1941. WHEREAS the City Council of the City of Delray Beach, Flol"lda, did on February 12, 1945, instruct the City Tax Collector to deliver. 'to the City Attorney for foreclosure .all tax sale certificates and/ol;'..special assessJllElnt liens owned by the City of De1ray Beach, Florida, upon which City taxes or assessments were unpaid for the year 1941 and/or prior years, am WHEREAS unler Chapter 173, Florida Sta:hutes, 1941, the City has the option to elect whether or not it will progeed unde.r:the provisions of said chapter, and ,~ WHEREAS the City of DelrayBeach desires to proceed with tax foreclosure under the provisions of Chapter 173, Florida Statutes 1941, NOW, THEREFORE, BE IT Rl!SOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City of Delray Beach, Florida, hereby elects to proceed under the provisions of Chapter 173, Florida statutes 1941, in the collection of delinquent taxes and specisl assessments by i'oreclosure upon all of the property in the City of Delray Beach ~on which taxes am/or special assessments are unpaid for the year 1941 and/or prior years. SECTION 2. That J. w. Nowlin, City Attorney, be and he is hereby instructed to immedia tely insti tute foreclosure proceedings under the pro- visions of Chapter 173, Florida Statutes 1941. PASSED in Special Session on this the 29th day of July, 1946. (Si~ned) M. M. DeWitt President of City Council ATTEST: APPROVED: (Signed) M. M. DeWitt Mayor (SEAL) (Simed) Ruth R. Smith City Clerk Council then adjourned to the next regular meeting to be held at 7: 30 P. M., August 12th, 1946. A i Ci t,. Cle rk