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07-07-64SpMtg JULY 7, 1964. A special meeting of the City Council of the City of De,ray Beach was held in ~he Council Chambers at 9~40 A.M., Tuesday, Jg~Y 7th, 1964, with Vice Mayor J. LeRoy Croft in the Chair, City Mg~ger Ro~e~t J. Holland, and Councilmen BmOry J.'~Barrow, Jack L, Saunters, an~ ~orge Talbot, Jr., being present.. C~ty Manager Holland asked that the minutes of this ~9~i~g be ve~bm~im. Uice Mayor Croft: "This meeting will come to order. ~$s press - co~fPrence was called for the purpose of bringing the press~ ~n, in rega~ to a letter that has been sent out by one of our nPig~boring mu,i={palities during the last few days. The letter we w~< ~ive the wi h the knowledge sod consent of the full Counc! includ- ing Mayor Avery, who is out of town.-I am asked, as Vice ~{y~r, to ma~e a few opening remarks. However, this joint release, 19agh Council- ma~ w$ll inject anything he has to offer. If I make any ~atements ihope they will correct me, and any time they wish =o in~anything please break in. We wish to make it clear in the beginning that we don't want any part of any feud with any of our neighboring municipalities, we want to be good neighbors.with everyone. I will give you some background leading up to the action that is being taken' this morning. About three months ago,this Council received various rumors to the effect that possibly some individuals in Highland Beach were considering the initiation of some form of annexation program to the north of their present City boundaries on South Ocean Boulevard. we, of this City administration, contacted the officials of Highlan~ Beach and asked for a joint meeting to discuss these matters. An informal meeting was set ~p between this Council and their CoUncil of that time. They assured us that they entertained no such designs, and by the same token,we assured them that we planned no forced encroachment in their direction, and that all annexation to Delray Beach in any area what- ever would be voluntary on the part of the property owners, and we expect to continue that same policy. Then a new Council took office in Highland Beach. We have had no communication with them in that re- gard. we assumed the same good neighbor policy wouId continue to exist. Then, all of a sudden, we commenced to receive these letters' being sent out by the Mayor of HighIand Beach to the property owners to the north of their City limits. I will quote their letter, of which the press may have a copy later." Vice Mayor Croft th~n read the following letter: "TOWN OF HIGHLAND BEACH P. O. Box ?~ Delray BeaCh, Florida June 26, 1964 Dear Mr. We suggest that you take immediate consideration of the creeping annexation of Delray Beach. Their City Limit sign is south of the Outrigger Apartments less than from your property. The Delray ~each tax rate is 12 mills plus one and. a half personal property tax or a total of 13 1/2 mills and going higher. Highland Beachis but 3.4 and going lower. There is no personal property tax in Highland Beach. Our. new $60,000 filter system gives us better waterthan the unfiltered Del~ay Beach' water and we are at this time serving you with, water. By joining the premium you are paying will be eliminated.'' 7-7-64 ~36 .,We have recently appointed a Chief of Policewho has seven years detective experience along with FBI, finger printing and homicide schooling.. He is a resident of Highland Beach who has joined our VOlunteer staff who are assisting our community without Cost. Highlan~ Beach is incorporated and cannot be annexed. Protect your investment by joining Highland Beach along with your neighbors to the South. Let us have your decision now before you are annexed to Delray Beach through the Florida law that makes it possible for you to be annexed without your vote. Joining Nighland Beach will ensble us to improve our service. It will not affect your mailing address or telephone number. The property vaI~ations are identical with those of the County. So get out your pencil and check the tremendous saving if you act now before you are annexed by Delray Beach .... Cordially, TOWN OF HIGHLAND BEACH /s/ Clem F. Hackman, Mayor." Vice Mayor Croft continued: "On the basis of that letter, this Council today has ordered the water line connection between our two cities severed and plugged so as to not have any mixing of our water with theirs. We hope it will meet with their approval. That is all. If any of you gentlemen have anything to add, or correct me if I made an~ misstatements, I would like tO have it at this time." Mr. Talbot: "I would like to inject that this has been discussed with Mayor Avery by telephone. He is in complete accord with the thinking of the four Councilmen attending this meeting. I was greatly surprised when this letter was called to my attention. Mr. Hackman is pretty well mixed up, it seems. He doesn't quote the millage properly, and~he cannot, ! am quite certain, find any place where Delray has forced annexation on the beach side. I have never known of any municipality going about an annexation program in such a fashion. I have heard Of it byword of mouth where you go and visit a person, but I have never come upon a situation where you write a form letter and make derogatory remarks about your adjoining muni- cipality.'' A member of the press asked concer~ing the methods of annexation and Vice Mayor Croft replied:' "There is some law, I believe, by which you can annex property. We have never, to my knowledge, pursued any annexation under that law." Q~estion: "Would it have to be by petition by the majority of the property owners?" Vice Mayor Croft: "That has always been the way this City has annexed property. It has always been on that basis. I know of no other way of any annexation in the past. The other type of annexation would be something for the city AttOrney to'answer, as to the state laws." Question= "Would water service be resumed later?" Vice Mayor Croft: "I think that they have indicated in this let- ter that they have ~such superior water, to ours that they would not want it resume~, I~m sure." Question= "What percentage of their water do we supply?" Vice Mayor Croft: "We donJt supply any water to Highland Beach. It is a mutual agreement that we have had to help them. At one time -2- 7-7-64 we served all that area with water, but when Highland Beach incorpo- rated and put in their water plant,~I believe I am correct O~ that, they~took over up to this existing valve..where our. two l$Pe~hook together, and they serve that area which is some several ~%9~ks north of their existing City limits." ' Question= "Will some people be without water?" ~ice Mayor Croft: "No. No one will be without water ~nF length of ~me. Maybe for an hour, we are informed by the water ~artment. A ~ew people in that area would be without water, and theyw~!l be noiSe!ed of this." ~r. TalbOt: "It might be well to' clarify it for the 9N~Ss. This wa~9~iconnection that Delray Beach has had with Highland ~h is pr~ar~!y a standby, but it gives them a great factor of ~ty be- cau~ at times when they have had trouble with their wa~er:!D~ant, we ha¥~i~erved them until the emergency was taken care of.~' Vice Mayor Croft: "I believe that possibly, in the past year or so, we have served them. Have we, Mr. Nicolls? One time in the past year." . Mr. Barrow: "How about the last two years, Paul? If I understand it right, they dropped a power pole through the line down there and we had to tie onto them. At one time they had to replace all their pipes across the swamp and we had to tie into.them and take care of them. Twice in the past two years~" A question was askedabout'why Highland Beach used Delray Beach water during the past two years,.:and Mr. Barrow explained further: "They pay for the water they use. It was an emergency. One ti~ewhen someone was placing a power pole,they dropped it through the main line and broke a pipe. Another time all their lines from theplant over to the beach went bad on them and they had to dig them up and replace all of them, and we tied into'them while they were doing that." Question: "Do we have anything set up where our'Fire Department answers calls down there?'; Vice Mayor Croft: "I have no knowledge of it." Mr. Talbot: "In ~ur informal meeting with the administration of Highland Beach, just before this new administration came in, that is one of the things that was discussed. They wanted to know the poasi- '- bility of our supplying protection to them, and on what basis. I think that the City Manager went so far as to make a survey, but we withheld it, and now it will be of no use. We were considering that on a standby basis, to work out some arrangement whereby we could · protect them with our Fire Department." It was stated that when there was a fire in that area, Delray Beach and Boca Raton both had equipmentthere. Mr. Talbot: "I didn't know that, but I am glad to know it." Mr. Saunders: "Over the years, it seems to me our position with Highland Beach has been one of extreme cooperation. We have leaned over backwards on several occasions to help them, and we. were perfect- ly willing to continue this. we thought we had assuranoe from the other Council, but'Councils do change, and apparently there has been a change in policy down. there,which we are taking steps on for our own protection." '-3- 7-7-64 Following a question from the audience, Vice Mayor Croft remarked: "They didn't ask for any meeting with us on this, so I don't know of any plans for Us 'to ~have a meeting with them. 'They seem to be oper- ating on their own, in their own manner." Mr. Talbot: "I move that the City Manager be instructed to sever the water con/~ection immediately, at the proper point, that is now serving Highland Beach' on an emergency standby." The motion was seconded by Mr.' Barrow. Vice Mayor Croft: "That would b· at the least inconvenience possible to the people we are serving down there." Upon call of ro11, the motion carried unanimously. Question~ "'Will there be any individuals affected by this cut off of water?" Mr. Saunders: "Some people down there will be without water for maybe an hour while we are plugging the line." Mr. Talbot: "For the benefit of the press, everybody will be re- ceiving water exactly as they have been. Those that are receiving it from Highland Beach will continue to receive it from Highland Beach, and those that have been receiving it from Delray Beach will continue to receive it .from Delray Beach. There will Only be one hour inter- ruption on the north end." Q-uestion.. "Can Highland Beach Supply their own fire hydrants in case of an emergency?" Vice Mayor ~roft: "I guess they have their own hydrants. ThPY don't have any equipment that I know of." The meeting adjoUrned at lO:O0 A.M. City Clerk APPROVED: .MAYOR -4- 7-7-64