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11-09-64 573 NOVEMBER 9, 1964. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the Chair, City Attorney John Ross Adams, City Manager Robert J. Holland, and Councilmen Emory J. Barrow, J. LeRoy Croft, Jack L. Saunders and George Talbot, Jr., being present. 1. An opening prayer was delivered by the Rev. Byron S. Fruit. 1.a. The Pledge of Allegiance to the Flag of the United States of America was given. 2. The minutes of the regular meeting of October 26th, 1964, were unanimously approved on motion by Mr. Barrow and seconded bY Mr. Croft. 3. Mayor Avery said it was apparent that many people thought the item of an excursion boat would be on the agenda tonight, but that it was not, and continued: "The Council has directed me, and it was unani- mous, that this subject is of enough importance that it will require a special meeting, and they have directed that they will not allow any discussion on it tonight because both sides are not here to pre- sent their cases. If anyone here feels they cannot be here at a later meeting, a special meeting for %hat purpose, we will ask you to please place your opinions in writing and file them with the City Clerk. They will be read at the special meeting for that purpose. If anyone wishes to be notified, bY mail', if you will register your name and address with the City Clerk, either.tonight or. tomorrow by phone, he will notify yoU"by direct mail When the speciaI meeting is to be held. This is an attempt to be as courteous and kin'd to ~veryone as possible." Mr. Ward M. Robinson informed the Council he had a letter that had been prepared to present to them tonight concerning said excursion boat, as a newspaper had carried direct~implications that said item would be considered by the ~ouncil tonight. Mayor Avery welcomed the many people present tonight and asked them to remain for the entire meeting even though the excursion boat item wouId not be Considered,~and asked Mr~ Robinson to file said letter with the City Clerk for presentation at a later meeting, or he would be heard when he presented the letter at a special meeting for that purpose. 3. Mr. Arthur C. Nelson, 819 S. E' 2nd Aven~e, presented the follow- ing petition to the C~unCil, dated November 7th, 1964, and signed by thirteen residents of that area: "We, the undersigned, wish to state that the bees which are kept by Mr. Frank'Somerford, S. E. 8th Street,.Deiray Beach, Florida,~ are a nuisance to the property~owners around the vicinity. As the droPpings'frOm the bees flying over the property stainClothes End paint on'the houses and make a mess on the Cars'parked. out~ide, we firmly believe 'that the bee hives which are kept in his yard should bemoved outside the City limits." Mr. Nelson said 'his house had recentIy been painted at a cost of $270.00, and if the bees were permit~ed to remain'in the area, he would soon have to have it painted again. Mr. Avery said he felt it WouId be proper to refer this item to the City Manager and City Attorney for them to determine if.there was a violation of any existing City ordinances, and if a violation exist- ed that the necessary action be taken, and if not, that the item be returned to the cauncil with a recommendation. 11-9-64 During comments, City Attorney Adams said he felt the ordinances would have to be amended to cover this item, but thought the City Manager could talk to the owner of the bees and abate the nuisance without the necessity of further legislation. Mr. Saunders moved that the City Manager be instructed tocontact said owner and attempt to abate the nuisance, if it is in violation of any City ordinance, and if all attempts to have it abated fail, re- turn said item to the Council with recommendations. .The motion was seconded by Mr. Talbot and carried unanimously, Mr. Nelson further informed the Council that the same property where the bees were kept was very junky and unsightly and harbored undesirable animals. Mayor Avery asked City Manager Holland to take this complaint in- to abeyance also. 4. Mr, Croft read the Beautification committee meeting minutes'of November 5th, 1964,' and.the items on which theyrequested Council action are as follows: "Item 8. The Committee requests the Council to see that the current ordinance concerning dogs on public beach property is enforced and suggests that the Beach Superintendent or police be notified accordingly. Item 9~ The Committee recommends that benches on thebeach be repainted." Concerning Item 8, ~. Croft moved' that the City Manager be ap- prised of this complaint and thathe be directed to see that the ordinance concerning dogs on the public beach property is enforced. The motion was seconded by Mr. Saunders and carried unanimously. Concerning Item 9, the City Manager was asked if there was budget- ed funds for painting of the benches on. the beach. He reported there were such funds, and that work was scheduled and should be taken care of in a couple of weeks. X. City Manager Holland said he had received a letter from the Seedling Garden Club covering several items that they desiredthe Council to do. or finance, and suggested that same be. referred to the Beautification Committee for screening and suggestions° Said letter was unanimously referred to the Beautification Committee, on motion by Mr. Croft and seconded by Mr. Barrow. 4.a. A roll call showed the following Civic Organizations and re- presentatives to be in attendance: Delray Beach Board of Realtors Mr. Andrew Gent Kiwanis Club and Beach Taxpayers League . Mx. ward M. Robinson Tropic Isle Civic Association Mr. William A. Mudge Lyons Club & Chamber of Commerce Mr. Roy Simon 5. CityClerk Worthing read the following petition signed by repre- sentatives of twenty-seven businesses in the area: "The"following merchants request that the City of De/ray BeaCh erect two signs on the corner of Fifth and Atlantic Avenues indicating that there is ample Free Parking just one half block South." Mr. Ted stannard, owner of the Cobweb, informed the Council that many people going to Fort Lauderdale and Miami for the winter would like to stop in Delray Beach, but they see that all the parking places 575 on the streets are filled up and don't know there is plenty of free parking in downtown parking lots, and if people know there is ample free parking they will stop and shop in Delray Beach, Further, that one hundred percent of the merchants he contacted had signed the petition, and they desire the sign to read "Free Parking" instead of "Parking". Following discussion, Mr. Talbot moved as follows= "I move that the City Manager be instructed to proceed with this request, in ac- complishing the establishment of the signs, and in so doing to cooper- ate and counsel with the Chamber of Commerce and Merchants Division thereof, and any of the merchants in the town, and with Mr. stannard." The motion was seconded by Mr. Saunders and carried unanimously. 5. The City Clerk read the following letter from Mr. o. F. Youngblood, dated October 31, 1964: "I wish to commend you and thank you personally for the momentous serviceyou and the council are rendering the citizens of this community. Conducting the business of the city, cutting the taxes as you have, and issuing the pamphlet explaining how the tax dollar is ~tilized are recognized as progressive steps in the developmental program of our city. As I.~ecall~ i think this is the first tim~ SuCh an out- standing a~omplishmen~ as.the, tax ~ut ha&' beenmade in so short a period of time. And I feel 'that 6ne'responSible is praiseworthy. i.am wishingfor you and your co-workers continued success in your official~dapacitieS~'- Mayor Avery commended Finance Director Tom Weher who designed'the brochure that was mailed out with the tax bills. 5. city clerk Worthing read the following-letter from Mayor Harold V. Maull of the City of Boca Raton, dated October 29th: "On behalf of the residents of the City of Boca Raton, I wish to exteDd.our sincere appreciation for the outstanding participation of your police officers in the Presidential visit of October 25, 1964. Their conduct, appearance, and dedication, were the subject of extensive praise. You Can.~e11 be proud to have such men of high calibre serving the people. I woul~ extend the'serviCes.of our-Police,Department'to you under similar circumstances." · Mayor Avery directed the City Manager to see that the Chief of Police and the individual policemen concerned are commended, through channels. 5. City Clerk worthing, read the following letter from the Unity of Delray Be&Ch,. dated. October 26th~ !'At a. Board meeting under this date a letter wasread in. regard to the'%r ff c 0ntrol e 'ice at and 22nd Street. ..... ~3- . 11-9~64 576~ r. "We understand that the need for this device was brought to the attention of the council by Mr. jack Saunders. We wish to thank Mr. Saunders,' as well as each member of the council for recognizing the need and for taking such prompt action." 5. Mayor Avery announced as follows: "NOvember llth, for years after World War I, was celebrated as Armistice Day. After World War II, it was made a National holiday and called Veterans Day. It has been traditional in the'City of Delray Beach to celebrate Veterans Day and we now proclaim November llth, next Wednesday, an official holiday in the City of Delray. Beach, and through the standard operation the City Hall will be closed that day." 5. City Clerk Worthing read the following letter from the Delray Beach chamber of Commerce, dated November 6th: "Relative to your request of October 26, concerning a recom- mendation on Section 16-11, Paragraph 3 - Code of Ordinances, City of Delray Beach,'the Board of Directors of the Delray Beach Chamber of Commerce at its meeting today, voted unani- mously to recommend that no change be made in this ordinance." Mr. Saunders moved to accept the recommendation of the Chamber of Commerce concerningsaid advertising, the motion being seconded by Mr. Talbot and unanimously carried. 5. The City Clerk read the following letter from the Delray Beach Chamber of Commerce, dated November 6th~ 1964: "Subject to previous discussions relative to the north portion of Paul Knowles Park now owned by ~alm Beach County, the Board of Directors of the Del~ay Beach Chamber of Commerce today voted unanimously to request the City Council to ask the Board of County Commissioners to deed this portion of land back to the City." City Clerk Worthing then read RESOLUTION NO. 1493. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF PALM BEACH COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO CONVEY CERTAIN REAL PROPERTY TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 1493 is attached to and made a part of the official copy of these minutes.)(See Page 584-B) Resolution No. 1493 was unanimously passed and adopted on this first and final reading on motion by Mr. Saunders and seconded by Mr. Croft. Mr. Ward M. Robinson commented as follows: "It seems to me that the action you have just now taken bears directly upon the matter about which we tried to speak to you under Item 3 of the Agenda. It appears unfair of you to have shut us off if YOu were going to take this action at this time." Mayor Avery informed Mr. Robinson that the action just taken on Resolution 'No. 1493 was the desire of the Council, regardless of the excursion boat. City Clerk Worthing stated that long before any excursion boat had been mentioned, the Council had directed him to Eequest of the Palm Beach County Board of Commissioners the zeConveyance of said land to the City of Delray Beach. -4- 11-9-64 577 5. City Clerk Worthing read the following letter, dated October 24th, 1964, and signed by the residents of the property described: "The undersigned are purchasers of homes located in Section 17, Township 46 South, Range 43 Bast, De!ray Beach, Florida. The homes, purchased from O. D. Priest, Jr., and Ruth Priest are referred to as waterfront sites due to the fact that the builder, O. D. Priest, scooped out land and developed a 'canal or lake' and subsequently built 20 one family homes around the afore mentioned tract of water. The open water in a housing development such as ours endangers not only the property surrounding it but serves as a possible danger for the children who live in or may wander into the area. Since the advent of Hurricanes Cleo and Isobel evidences of erosion can be seen on all of the property that surrounds the lake. The possibilityof a youngster drowning in this canal is not a pleasant one, nor is the possibility of court action that would likely result. Therefore,we are desirous of securing information in regard to the city building and construction codes which might apply to the construction of a 'sea-wall'.in the entire.development. Is such a construction the responsibility of the builder-contractor or the home-owner? Does the city building, code containregula-. tions g6verning~the enclosure~of openwater within the City limits? If so~ thisinformation should be made available to us. In other.words, in a situation such as.ours where does the builder-cOntractor's, responsibilitYend and ~he home-owner's begin? It does not seem r~asonable that the city construction codes cOu!d b& so~e!%stic tha~/th!s dangerous situation~.cou~d continue,to e~iSt Without some ruling by the governing group~ of the City'of Delray. Beach. ..' '". ' ,i Therefore, We request that this situation be investigated thoroughly and that certain mandates from the city'council be issued.which would serve to alleviate this.co~dition~as. quickly as poSskble ...... and yet serve the best interests of the Delray Beach taxpayers who are involved and affected by the existing'hazardous open water." Mayor Avery said he-thoUght the. firstapproach to said request was to order the City Manager, City Attorney, City Building Official and the City Engineer to investigate same and if all. the petitioners would like to meet with the COuncil and the builder from whom'they purchased their properties, the CoUnCil would be available.~ Mr. Talbot moved that the City Manager be instructed to investigate this situation with the.necessary City personnel, and that he make a report to the council with recommendations, the imotion, being seconded by Mr'. Barrow'an~unanimously carried. 5.a. Mayor Avery said he had been given a copy of the following letter addressed"to the City~anager from Mrsl Lucile W. GOdWin, dated November~7th,' and aSked th.e City clerk:to read same= "I ~alled Mr~ Neff's off~ce, but-he wasn't in. When. I ca!led back'I talked. tOiMr, i.~hZin~r; the engineer. None will admit that the~'made the'mistak~ of putting the sewerage outlet to my property at 114 N. E. 8th Street on the east side of my lot instead of the west Side as I requested. Then why was their ma~k~r plac~d oh ~he-~&st'si~e?~'Th~y d~ '~0t haVe/the ansWer for this. I'have ~alkea to"~l the deP~rt~en%s with n6're~lts. Mr. Ihrinter tells me that you have the last'.word--that it is up to you. -5- 11-9-64 "It would seem to me that someone connected with the City should see that the $60.00 extra is paid to run the extra pipe across my front yard to the west side to hook up ·with my cess pool. I have owned two houses in Delray Beach for thirty years, and I feel I am due this consideration. Let me hear from you. No approach has been'put in to my drive way to replace the concrete one they took away. Their Mr. Rice offered black top instead of concrete, and I agreed to it. That was last spring." Mayor Avery relinquished the gavel to ViCe-Mayor Croft, and stated that he had discussed this item with the City Manager who felt it should be brought to the Council. City Manager Holland informed the Council that he had made a personal observation of this property and also had Safety Engineer Roland Joyal and Plumbing Inspector Robert Crego make personal ob- servations, after which he took it up with Mr. Neff, Project Manager for Russell & Axon, and was advised as follows: under date of September 17th: "1. In reference to YOur memo dated 8/21/64~ we would like to advise as follows: 2. 'Mrs..Godwin did not put a stake on the place where she actually wanted the house service connection, in advance of laying of the sewer main. 3. Mr. Rice was the foreman of the house service connection crew which means he came by after the main line was laid in the ground, and he had to connect the house service on the present location for the simple reason that the 'Y' was already in place.· 4. If the oWner does not stake out the location, it is common sense to put the house service at the present loca- tion. On the other hand, the contractor could not know the location of the septic tank. 5. I would like to point out further, that at the plac~ where the lady wants the house service for the sewer, there is also the water main and her water service connection which makes it mandatory that the service connection be separated from it by some distance if we want to avoid getting in conflict with the Health Department." City Manager Holland showed the Councilmen a sketch of Mrs.Godwifl's property indicating where shehad asked for the connection to be placed, and also indicating where it was placed. Mayor Avery said there were many discrepancies in this area during the early part of the sewer c0nstruc2ion~ that he thinks the contrac- tor should have placed the connection at the nearest point, and moved · that the contractor be directed to place the connection at the nearest point. Mr. Avery then withdrew his motion for further diSCUSsion. During discussion, City Manager Holland reported that the two City employees he had make personal observations of the property had report- ed they found a stake placed at the location Mrs. Godwin desired the connection. Following further discussion,Mayor Avery moved as follows: "I move that this citizen be given the same treatment and the same con- sideration that has been afforded every other citizen in this town where possible, and that the contractor be directed to put this sewer connection where she wants it." It was explained that sewer connections had been placed where people had indicated that they wanted them. City Manager Holland reminded the Council this had happened during the confusion before Mr. Neff became the Project Manager, and that said street had been dug up three different times after he took over, for the purpose of putting in connections that had been missed. Mr. Talbot questioned Item 5 in the letter from Russell &Axon, and City Engineer Fleming said if different services were placed in the same trench they would have to be separated by a concrete wall, and if put in separate trenches they would have to be as much as twelve feetapart. Mayor Avery commented= "It has been moved that the contractor be directed to put this sewer connection as close to this lady's request as is acceptable by all approved codes." The motion was seconded by Mr. Barrow. Mr. Saunders questioned setting a precedent in this matter and City Attorney Adams'said that since there waS'conflicting evidence of there having been a stake placed where Mrs. Godwin wanted the con- nection, thought thatwould preclude any precedent being set. Following lengthy discussion, and upon call of roll, Mr. Barrow, Mr. Croft, Mr.. Saunders and Mayor Avery voted in favor of the motion and Mr. Talbot was opposed. Mr. Talbot qualified his vote in that he did want Mrs. Godwin taken care of, but was opposed to the method of going about it. 6.a. City clerk W0rthing read the~fS~lowing letter, da~ed November 5th, and'signedlby each of the five members of the Pension Committee, and informed the council that"any action on this matter shoUld identi- fy the'Committee as the RetirementCommittee in accordance ~ith'Arti- cle VI of the Retirement Plan and Trust Agreement as set forth therein. "Your pensi°n Committee, as now.constituted, has been grateful for the opportunity to serve the'City as advisors in the formu- lation of a retirement program for those City employees not pre- viously afforded this benefitl we should like to take this op- portunity to thank you, on behalf of the employees, for your action i~ this matter. If it is your desire, we Would certainly be Wiiling and eager to continue Serving the City, under the adopted pensi0n.plan, as your Pensi°n committee, we are c°~4ersant with t~e ~dopted plan and would be in a.positton to assist the consulting actuary you choose to administer the Plan. We would recommend revision Of the committee to the extent that' the City Attornpy be an ex-officio member, and Mr. Nathan Sharp, a member of our Financial Advisory Committee, be appointed to the'cOmmittee to fill this position. Thank you for your Consider- ation in the matter." Mr. Barrow moved to accept the recommendation of the Pension Com- mittee in the appointment of the Retirement Committee~ the motion be- ing seconded by Mr. CrOft. Upon call of rolI-, Mr. Barrow, Mr. croft, Mr. Talbot and Mayor Avery voted'in fa~6r of the.~otion and Mr. Saunders abstained from voting. 6.b. City Clerk Wor.t~ing.presented.the following letter from Russell & Axon, ~ated Nov~mber4th: "Subject: ~Harry Pepper - Lift Station Contract - Change orders No~ 4 & 5. 1. There are transmitted herewith for your formal action, Change Orders NO. 4 and 5 to the Harry Pepper contract for construCtiOn'.of'Lift~Stati0ns forthe Sewage Works pr0ject~ -7- 11-9-64 "2. Change order No. 4 covers the lump sum payment of $3000 for removing old underground concrete sludge tanks, which con- flicted with the influent structure at the Master Lift Station. The Station was moved into the tank.area after the contract was bid. The Cost of moving the.reinforced concrete and backfilling with crushed stone, could therefore, not beanticipated by the contractor when preparing his bid. This work had to be done in order to build the Lift Station, and therefore approval is rec- ommended~ 3. Change Order No. § covers payment of contractors costs of $7200.00, for modifications to lift station No. 18 (middle of Andrews Ave.), and to lift station No. 17 (in the middle of MacFarlane Drive). These modifications were undertaken by the' City council in response to public opinion, which strongly re- jected the structures, as not inkeeping with their surround- 'ing environment. The economic benefit to the area, resulting from these modifications, over the fifty year life of the structures, was considered to far outweigh the comparatively moderate costs. Approval is recommended." Change 'Orders No. 4 and No. 5, for Harry Pepper, were unanimously approved on motion by Mr. Croft and seconded by Mr. Saunders. (Copy of Change Order No. 4 and Change Order No. 5 are attached to the official copy of these minutes.).(See Pages 584-0 thru 6.c. Mayor Avery.made the following ELECTION PROCLAMATION: I, AL. C. AVERY, Mayor Of the city of Delray Beach, hereby proclaim that a General Election shall be held on Tuesday, December 1st, 1964, between the hours o~ 7:00 A.M, and 7:00 p,M., the polling place to be .the Central Fire station at 101 West~Atlantic Avenue, for the purpose of electing two Councilmen for two year terms of office commencing on the first Monday in January next." 6.d. City Clerk Worthing informed the Council that it is requested that a Clerk and ten Inspectors be appointed to conduct the affairs at the General~$1ectiOn to be. held at the Central ~ire Station on Tuesday, December 1st between the hours of 7:00 A.M. and 7:00 P.M. Mr. C. C. Turner as Clerk~nd Dorotha Bauer, Vera Bone, Alpha Browning, Florence Cramp, Mary L. Walker, Elsie wharton, Bertha P. Worthing, Willie Franklin, Alphonse Hudson and L. L. Younbglood as Inspectors, were unanimously appointed, on. motion by Mr. Saunders and seconded by Mr. Talbot. 7.a. TheCity Clerk informed the Council that a request for permis- sive use to allow construction of a Church of God in Prophecy on Lots 25 and 26, Block B, Carver Memorial Park had been received, and that Council may deny said request or refer, same to the .Planning/Zoning Board for a public hearing thereon. Said request was unanimously referred to the Planning/Zoning Board for a public hearing, on motion by Mr. Barrow and seconded by Mr.C~oft. 7.b. Concerning petitions for. permits to provide charitable solicita- tions, City Clerk Worthing informed the Council as follows: "The following organizations have submitted applications for permit to seek charitable solicitations, net proceeds from which are used wholly for charitable and welfare purposes considered most worthy projects: 1. The Kiwanis Club of Delray Beach (Annual Light Bulb Sale) 2. Seventh Day Adventist Church (Caroling - Thanksgiving to Christmas) 3. Daughters of Zion (Seventh Day AdventChurch) (Literature) Council may grant or deny such requests." -8- 11-9-64 58i Said applicatlons for charitable solicitations were unanimously granted on motion by Mr. Barrow and seconded by Mr. Saunders. 7.c. Concerning a request for refund of an occupational license fee, the~ity Clerk informed the Council as follows: "Mrs. Mamie Williams, unable to obtain a County License to sell beer and 'wine at 57 S.~ W. 5th Avenue for consumption off the premises, requests refund of $25.006 which amount was paid to the City for L~cense No. 1675, approved by Council on October 26, 1964'. It is recommended such requests be ap- proved." The refund of said license fee was unanimously granted on motion by Mr. Talbot and seconded by Mr. Saunders. 7.d. The City Clerk informed the Council that as a result of a Survey by the Fire Department,the City Manager submits a report of properties to be in violation of Chapter 15 of the Code of Ordinances, and subject to Counci! acceptance of this report,, the Clerk should be directed to comply with procedure, as set forth in said Chapter 15~ to assure the abatement of such nuisances. (Copy of said nuisance violation list is attached to the official copy of these minutes.) (See Page 584-H) Mr. Talbot referred to the first item on said nuisance violation list, owned by Mr. Willard MOrrison of Hot Springs, Ark., and informed h Councli that 'this parcel of'land had been 'cleaned'by the Mike' Blank'NurserY after'Hu~ricane cie0, for'a Cost °f'$25.06 t~ the pro- perty owner. ..Mr. Talbot said he had inspected that property.tqday and found it.tube .i~-need 6f~cl&aning, although ne 'didnpt.knOw.how the debriS'got there. City Manager H°lland '~n~rmed the CoUncil there ha~ bee~ a similar case at N, E.'2hd Street and Palm Trail, where the neighborhood had been using the pri~ate pr°Pe'rtyi'°f Mr. Fred O'Neal 'f6r the~r~'t=as~i That he had same~eleaned, surveyed, staked, and '~NODUMPING"signs placed on tbs..Property; which see~s .to be taking care of the problem at that location. Furthe~,~ that he would have a proposed solution to the probIem to present 'to CoUncil in'thenear future. Mayor Avery,suggested'that the City Manager_be directed to direct the Police~'Force to start inve~tigating thes~ inStan~es,'where, in his opinion,-there is a Vi~lation of the ordinances,, andgiPe.the individ- uals an opportunity, to cleanup the trash or'face the fine. Mr. Croft moved that 'the City Manager be instructed to direst certain appropriate-Ckty%m~ioyees to watch out for this'so=t~'of thing and ~hdeavor to c~tch the Vioiators, the motion being seconded by Mr. Talbot and carried unanimously. Mr. Barrow then moved that the'Clerk be directed to comp~ with procedure as set forth in Chapter 15, to assure the abatement of the nuisance violati6,s presented tonight,. with the!~xd6p~i0n ~ the first item on the iist,, tha~'i~bein~ .'~hei'~operty of. Mr.'Wiliard~M~risom~ The mo~i~h was Seconded ~y 'Mrl saunders an~ ~na~mSuSly"car=ied.' instructed, to put.theMorrison-~roperty in ~.the--same c°nditio~.~S ~i~ was.; .as he ,d~.thP!0~Neal property,at ~.i E, 2nd Street~and Palm Trail,- and.,tqmake'aSmuchi4~f0rt'.as PoSsible ~0.se~ ~,~h~.ean~asc~rtaih,h°w the trash got on the MoFrison~pr6perty aft~r~% had.~been~.61ea~e~ ~re- 8, a.._ Cit~ ~!e~~ w~r.thing'~sen~ed . 6RD'rI~_~i~:.~ '~i5, ' ' SnOR~ ZSTA~ZS.' '~8~CS L~S6 rSq~~es:'zo.~X- - --~- li~-s~ 08 THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND 'OBLIGATIONS OF SAID LAND; AND PROVIDING FOR T~E ZONING THEREOF. {2101 N. W. 2nd Avenue) (Copy of Ordinance No. G-575 is attached to the official copy of these minutes.) (See Page ~-G) There being no objection to Ordinance No. G-575, said Ordinance was unanimously passed and adopted on this secondand final reading, on motion by Mr. Croft and seconded by Mr. Barrow. 8.b. City Clerk Worthing presented ORDINANCE No. G-576. AN ORDINANCE OF THE CITY COUNCIL ~OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LANDS LOCATED IN SECTIONS 4 and 8,. TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE~ ~ONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS. (Part of N~W. 4th Ave. lying East of~2nd AdditiOn to High Acres, and part of N. E. 22nd Street lying west of Northridge Road) Ordinance No. G-576 was unanimously placed on first reading on motion by Mr.~.Barrow and seconded by Mr. Talbot. 9.a. The City Engineer's report relative to the advisability of flushing City water mains through fire hydrants was presented, and due to.the estimated cost of such procedure being $21,340.00 the matter wasdropped. City Manager Holland submitted to the Council a Survey of Neighbor- ing Cities regarding procedures on flushing water mains, the survey having been requestedby Council on October 26th. 10.x. City Manager Holland informed thecouncil that MrS. Etha Merritt of the Zonta Club had requested the.~use of the Community Center, Sunday, November 15th, from 2:00 to~5:00 P.M., further, that to grant said request would create no.problem as the center was closed on Sunday. Said request was unanimously granted on motion by Mr. Barrow and seconded by Mr. Saunders. 100x. City Manager Holland presented a request from Mr. Jay P. Calloway, as follows: "Re: Property located at: Sec. 8, part of Lot 5, East half of the South half of Lot 5, Less County Road R/W. This above property has been used for hydroponic tomato gardens in the past by Mr. Davis. Would it be possible for me to lease this property for a period of one or five years to grow tomatoes and flowers. The building and property is run-down and unkept. If I am permitted to lease this pro- perty I will clean and repair the building and grounds and maintain the upkeep required." Mr. Talbot moved that this item be referred to the Planning/ Zoning Board requesting their approval or disapproval of the City negotiating a lease as requested by Mr. Calloway, the motion being seconded by Mr. Barrow. City Attorney Adams said one of the problems involved was whether or not the City could lease the property for private commercial gain, and if so it would then go on the County Tax Roll, but that he would be happy to look into the possibility of leasing said land. -10- 11-9-64 583 City Attorney Adams continued~ "If the Planning Board will make their recommendations as to the use of the property, and if that fits in with the character of the neighborhood., I would be happy to explain to you further the legal ramifications." Following discussion, the motion carried unanimously. 10.x. City Manager Holland informed the Council that Mr. E. H.Werner of 500 Oleander Lane had complained about the speed of boats in the Intracoastal Waterway~ that he did not feel they were properly po- !iced, and at low tide the wake washed the sand from under his seawall. The City Manager reported there was'a six mile an hour speed limit for boats, and that Chief Croft reports,they have presecuted a couple of people by catching them further south, but that it is difficult for the police to catch the violators. It was reported that the Coast Guard ha~ no jurisdiction in the Intracoastal Waterway from Miami to Jacksonville. City Attorney Adams commented as follows: "It is specified in our Ordinance that the police have the power of arrest for this sort of thing, and it contemplates that if the policeman doesn't see it, the complaining witnesses can report the boat to the policeman. They swear out a warrant and prosecute them in that manner." City Manager Holland informed the Council there were no speed signs along the canal, and suggested they be installed; further, that Mr. Werner had said a speed sign could be placed on his property. Fol!owing ~%Sc~S..sion~. Mr.~.~.Sa~nders.~mgved..that the~ity Manager be diregted tO proceed~with a~l. mea~ures,~ in' 'an ~ffort 'to' sl0w down the spe~d Of boats in the intraco~stai'waterWay~'~he'motiOn being.'secon~ed by Mr.' Barrow and'unanimously~ar~iedl 10.x. Mr. o~ w. WOodard, Jr. ~0mmented to the Council as follows: "There are two matters_ that have to.do with the Florida~Shore and. Beach Pre,erraticn Asso~i~ti0~, ~ne'.o~whi~h deals with~&. ReSolutiOn Which was' prepared for your'co~S'id~a~o:n~ For some time there'haS-' been diSCussion'~ia~ive"~o't~e '&Stablish&cbt' &fa'faCi~i%y whereb~ the Associa~io~ C°~d c6ndU6% eX~erime~ a~d research int~ ~aCh" '-' erosion. The thought has been that somewhere on the GoI~c~ast of' Fiori~a would be a feasible location for this facility..~ In ~iew of which the Council has taken in the past, we thought it: ~ight be well to promote DeiraY'Beac~ as aP°~sible si~e fo= sUch.an establishment. if th~s .b'~S~¢ '£d~...'~0nC~rs w£~h your :' ~k~ng~,' I: ~elie~e Mr. wor~hing has, a Resolu~0~"pregared~w~ich you ge~ti~men couZdad0pt, 'if .You wis~, t6-thi~ ef~ec%.:~ ~t might '~ends0me'%;~gh~ in the'AsSociation, and which-the~C0uia"utiiize in Preaen~i~g'~ir case ~0 the Sta~e Legi'slatur~." · ': 'Mr~ Taib0t E~f0~&ed :~-~ CO&~c£i'~ tha~ ~'hCe .this was discussed at a .recent .~h~mber '0f C0~merce ~egt~h~, ihe"~a' rece~%ed.i'n~mero~SI .in_ 'luiries about' just'Wha~ the City was 'a~king for.' .... ' ~' ' ~" Na¥of'Ave=~Said'~he ~%9 the 10:;at'~0~' anm' facility '.~Oul~'.have' ~o isa p~ssi~i~'~%.~' 0f. ac~ui'r~n~-s~m~.' City Clerk'Worth.kng presented '~SOLOTION NO. 1492. A ~SOLU?I~ .OF ~= CItY C~0aCIL ~O~ . ' DELRAY .BEACH,' ~LORZDA, VRGIsd THE FLORIDA ~HoRE . 's~c~,. ~OR~Da,.'. FOR '~m' ' AssO¢~?X~S,:S~LS-." -': ~ (Copy Of' Res01~i'on No.. 1'492 the-official ~opy-.of these' min~tes.)' ('See PaE~ ~8~-A) ' '' " ~ , Resolution No. 1492 was unanimously passed and adopted on this first and final reading on motion by Mr, Talbot and seconded by Mr. Croft. Mr. O. W. Woodard, Jr. presented the following letter to the Council, dated November 6th= "The Florida Shore and Beach Preservation Association will be holding aconference in Delray-Beach on December llth for its members and visiting dignitaries. Initial discussions are under way with members of the Association, the City adminis- tration and the Chamber of Commerce, to make this conference a memorable occasion. Any ideas or suggestions you may have relative to this project will be greatly appreciated. As specific information becomes available, I will see that you are informed. Attached please find copy of some initial ideas discussed with Mr. Rice of Glace Engineering Corporation, who is also the Vice President of the Association." Mr. Woodard informed the Council that Mr. Rice would be working closely with their representative in Tallahassee, and continued as follows= "This program for the most part, it is thought, will be put together by the members and officers in Tallahassee, where they will set up the speakers, etc. The hope is that Hayden Burns will he available to come down for the luncheon meeting. We should hear by telephone in the next few days whether they have been successful." Mayor Avery commended Mr. Talbot, Chairman of the Beach Erosion Committee, for h'is efforts concer~ing beach erosion, and that this state wide meeting, to be held in the City Hall on December llth, is a result of that work. 10.x. City Clerk Worthing reminded the Council that they had, at their last meeting, directed Mr. James E. Shively of the Wyatt Compa- ny, actuary for the Retirement Plan, to submit their proposal at this meeting, and that same had been received this afternoon. Mr. Talbot moved that th~s Droposal be referred to the Retirement Committee and said Committeemake their recommendations to the Council at the next regular meeting, the motion being seconded by Mr. Barrow and unanimously carried. 10.a. City Clerk Worthing presented Bills for Approval, as follows= General Fund $ 82,981.66 Water Operating & Maintenance Fund 4,269.?6 Special Trust Account - First National Bank of Delray Beach 23,421.22 The bills were unanimously ordered paid on motion by Mr. Croft and seconded by Mr. Barrow. The meeting adjourned at 9:45 P.M., by order of Mayor Avery. R. D. WORTHING City Clerk · MA~OR ' -12- 11-9-64 5~-A RESOLUTION NO. 1492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION TO CONSIDER ESTABLISHING AN EXPERIMENTAL LABORATORY~IN DELRAY BEACH,, FLORIDA, FOR.THE PURPOSE OF PURS~IING THE ASSOCIATION'S GOALS. WHEREAS, the City Council of the City of Delray Beach, Florida, recognizes the urgent need for construction of an experi- mental laboratory, dealing with beach erosion problems, on the lower east coast of Florida and WHEREAS, the geographical location of the City of ~ Delray Beach,~ along with its expanse of public beach, is advantageous for such experiments; and WHEREAS, the State of Florida has recognized this critical need and has seen fit to establish the Florida Shore and Beach Preservation Association; and NOW THEREFORE, BE IT RES6LVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That ~the President of the Florida Shore and Beach Preservation Association, Mr. J. Eldon Mariott, be requested to bring this resolution roll,the attention of the honorable members of the Association for consideration. 2.' That if the Association concurs with the City Council of the City of Delray Beach that there is a need for such a facility, the Association'be requested to pursue this matter with the State Legislature in order that this critically needed facility may become a reality in the City of' Delray Beach. UNANIMOUSLY adopted this 9th day of November , 1964. /s/ AL. C. AVERY MAYOR ATTEST: /s/ R. D. W0RTHING City Clerk 58k-~ RBSOLUTION NO. 1493. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, REQUESTING THE BOARD OF PALM BEACH COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO CONVEY CERTAIN REAL PROPERTY TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, on the 17th day of July, 1961, the City of Delray Beach conveyed to the County of Palm Beach the following described real property: That portion of the North 100 feet of Lot 9, Block 2, Model Land Co's S/D of the West half of Section 21-46,43, Pl. Bk. 1-128 which lies East of a line parallel to and 40 feet easterly of, measured at right angles to a southerly ex- tension of the East R/W line of S. E. 7th Avenue in RIO DEL REY SHORES (Pl. Bk. 25-5). and WH~.REAS, the City Council of the City of Delray Beach, in view of the fact that said property lies wholly within the corporate limits, desires to assume jurisdiction thereof, includ- ing the recreational faci!~t£~9$, located' thereon; NOW, THEP~.FORE, ..BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF DELRAy BEACH AS FOLLOWS: That the Board of County Commissioners of Palm Beach Countyl Florida, are .hereby requested to~ convey the above described real property to the City of Delray Beach. Passed and adopted this 9th day of November , 1964. MAYOR ATTEST: .... /s/~. D. City Clerk T.~T~ , 584-c ~IPY OF D~LRAY B~ P~LM BZ~ OOUNTY, FLORIDA Pro]ec~ No. 6~G6-8c CF~E ORDE~ NO. hereinafter referred ~o as ~he part~ of the YI~r $~RT, an~ ~ARBY ~E~ER COMPANY, CONTBACTOR, hereinafter referred ~o as of ihe S~OND ~ART, the same beinp a chanpe or supplement ~oa certain Coniraci bp and bei~een the parties aforesaid, dated 2~ 1963, for the construction of ~e~erape Eift ~iations, Citp of Delrap Beach, ~alm Beach Countp, Florida. WITNES~ET~: I. ~~ the partp of the FIBST ~ABf desires ~o amend Oontract to provide for papment for the removal of ~ ' port~ons of ol~ reinforced concrete se~erape iank~ ~hich conflict ~ith the mcrp influent structure ~o ihe master lifi sialion, and WffE~A~ this work ~as not included in ihe oripinal contraci; az the master lift sialion eas moved inio this area after the contract ~as a~arded. II. f~E~O~, the partp of the SECOND ~ART aprees to furnish ~all plant, labor, materials, and supplies necessarp ~o remove thai ~'portion of the old tanks ~hich girect/p interfere ~iih ihe placement of the i~flueni structure. The ~or~ mill be accomplished as ecied bp the enpineer. (Ii should be noted thai this ~ork had be accomplished bp rela~ivelp expensive me~hods, aB no blas~i~9 could be per. tired due to proximity to the ~aster lift station 5~-D st.~ucture. It was necessarp to pump out and remove by hand and dis- pose of 5 ft. of sewerage sludge in the old tanks before concrete re- moval could be undertaken. After the concrete was removed the area was backfilled with compacted crushed stone from the undisturbed bottom upwards, in order to provi4e a solid foundation for the structure. Work ~as initicllp undertaken ~n a force accoun~ basis, but after ~ork ~as ~ell underwap, the final cost could be estimated and it ~as considered to be in the best interests of the Oitp, ~o negotiate a lump sum price). The partp of ~he SEOOND $ART further aprees to carrp out this ~ork for the lump sum price of $3000. III. It is further agreed and understood that this Change Order does not al~er in any manner the force and effect of the original contrac~ dated 24 May 1963, and the same shall stand in full force and effect in all respects, except as amended by this Agreement. Recommended f6r Approval: tIARRY PEPPER COMPANY RUSSELL&AXON CONSULTING ENGINEERS Project~anaper CITY OF DELRAY BE~Off PA LM BEA Off COUNTY DEL~ Y BEA CH, FLOBIDA ~584-E CITY O? DELRAY PALM BEACI:I COUNTY, FLORIDA SE~A~E ~ORKS PROJECT Projec~ No. 6964-8c C~N~ ORDER NO. This Agreeme~ entered into this nin~ day of~ve~e~1964, ~y and between the CITY OF D~LRAY BE~, PALM Bg~C~ COUNTY, FLO~DA, h~reinafter re/err~d ~o as the part~ of ~he ~IRST PART, and ~ARRY PEPPER COMPANY, CONTRACTOR, hereinaftsr referred ~o as party of the SECOND PART, th~ same being a change or supplement ~o a certain Contra~t by and b~tw~n the parties aforesaid, dated 24 May 19~, for ~hz construction o/ Sewerage Lif~ Stations, City of Delra~ Beach, Pal~ Beach Count~, Florida. WITNEgSET~ : I. ~E~g, ~he par~ of the FIRST PART desires to a~e~d eon~rae~ ~o provide for payment for ~odifieations ~o Lif~ Stations No. 17 and 18, and ~ffE~Ag these modifications ~ere desired by the City Council to PrOVide structures more in keeping ~ith ihe high property values in the area, and WffE~Ag there is no quesiion of the ultimate economies of this action. II. THEREFOr,. the party of the $EOOND PART agrees to furnish all plant, labor, materials, and equipmen~ necessary to carry oui this work in accordance ~ith design dra~inps prepared bp the consul- tin9 engineer ai ihe agreed price of $~,~ _. III. It is further agreed and understood thai this Change Order does not alter in any manner the force and effect of the original contract dated 24 May 1965, and the same shall stand in full force and effect in all respeets~ except as amended by this Agree- Recommended for Approval: HARRY PEPPER COMPANY CONSULTING ENGINEERS By By ~ Accepted: R. Nef Project [Y-a~iager CITY OF DELRA~ BEJCff PALM BEAC~ COUNTY DELRAY BEACh, FLORIDA ' ~ - :':-::=~ ~:,C~ t~ Manager App~ved as to form: i~ A t torney ORDINANCE NO. G-575. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH CERTAIN LAND, NAMELY LOT 40, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX- ISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (2101 N. W. 2nd Avenue) WHEREAS, JOHN J. MELLENS and LUCILE B. MELLENS (his wife) are the fee simple owners of the property hereinafter described, and WHEREAS, said JOHN J. HELLENS and LUCILE B. MELLENS (his wife), by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAYBEACH, FLORIDA, AS FOLLOWS= S~CTION 1..That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit= That tract of land, namely Lot 40, Lake Shore Estates, per Plat Book 25, page 26, Public Records of Palm Beech County, Florida. SECTION 2. That the boundaries of the~City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by exist- ing ordinances of the City of Delray Beech, Florida. SECTION 4. That the land hereinabove described shall im- medlately become subject to all of the franchises, privileges, im- munities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, end persons residing thereon shall be deemed citizens of the city of Delray Beach. .SECTIQN 5, That if any word, phrase, clause, sentence or part of this ordinance shell be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on the 9th day of November, 1964.' ..... /s/ AL. C. AVERY MAYOR ATTEST = City Clerk First Reading October 26, 1964 Second Reading November.9~ 196% 584-H PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTION 15-3 OF THE CITY CODE. PROPERTY CITY OWNER ADDRESS ~ESCR~PTION CODE Willard Morrison RFD % 1, Box 130 South 78.3 feet of Hot springs, Ark. East 148.2' of Lot 9, 15-3 Block 1, Osecola Park John N. Kabler P.O. Box 2565 East 148.2 feet of N½ Delray Beach, Fla. of Lot 10, BlOck 1, Osceola Park 15-3 John N. Kabler & P.O. Box 2565 S½ of Lot 10 less West Leanora McCarney Delray Beach, Fla. 244.86 feet, Block 1, Osceola Park 15-3 Deane V. Corrigan 34 Sunnyside Lane Lot4, Columbus, Ohio Martha's Vineyard 15-3 Violation 15-3 as concerns this =eport pertains to tree lambs and trash with the exception of the ta~t item and that violation is a large uprooted tree. Submitted to the City Council by the City Manager, this 9th day of November, 1964.