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11-27-64SpMtg 607 NOVEMBER 27, 1964. A special meeting of the City Council of the City of Delray Beach was held in 'the Council Chambers at 9:30 A.M., Friday, November 27th, 1964, with Vice-Mayor J. LeRoy Croft in the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams, and Councilmen Emory J. Barrow, Jack L. Saunders and George Talbot, Jr., being present. Vice-Mayor Croft called %he meeting to order and announced that same had been called for the purpose of further consideration con- cerning violations of Ordinance No. G-560, relating to accumulations of debris and spoil, and for any other business which may come before the meeting. Mr. Talbot asked that a copy of the telegram sent to Mr. De Rice by City Attorney Adams be read, and the Council be informed of the reply to said telegram. Attorney John Moore, representing Mr. De Rice, informed the Council that a bulldozer had been ordered to level the debris and spoil on Lot X, Block 14, Seagate, and said work would be started this morning. Attorney Moore continued: "That brings up this ques- tion. Suppose that when it is leveled to the height allowed by the City, will the City then allow any excess, if such would exist, to be pushed into the right-of-wa~ of Casuarina Road?" Vice Mayor Croft informed. Attorney Moore that was.a.policy that would have to be determined. CityAttorney Ad&ms informed' %he council that on Tuesday'night he sent the following night letter to Mr. De RiCe: "The City Council has instructed me to wire you concerning your intentions as tO the disposition of accumulation of spoil which is deposited on Lot X, Block 14, Sea~ate Sub- '~ ~ diviSion'in, this City. The purpose of this wire is t6 ' immediately ascertain whether this'unsightly 6°ndition is to be remedied no later than December 1 of this year. All other spoil areas in the area similar to yours were leveled voluntari.lYby the various owners prior to October first. The City C0u~cil has beendeluged by'complaints from the residents in the'vicinity of your property, many of whom are threatened with rental losses for the season. The Ci%y'C°u~cii has indicated that your failure to comply with'the-aba~ement, notices Which you Previously received will be 'striCtly enfo~ced~~ Please wire collect." '' City Attorney Adam's reported further: "On WedneSday,.Mr, De Rice called and said that be'realized he was in the Wrong. That he~ was go'lng to d° everything he could to comply with the requirements and abate th~ nuisance just as soon as possible. I suggested that he call his attorneyand'that ~s.h~"~hi~ meeting came about thismOrning.'Mr. Moore probablY'has talked to Mr. De Rice since then." Mr. Talbot said the owner of LOt X. had handled this matter in a way that is very-embarrassing t~ the Council, and that he, as well as other Councilmen, had. receivednumerous phone calls with complaints about LOt X. FolloWing other comments, Mr. Ta!bo~ m~ved to instrUct'the City Manager, along with'the City Attorney and City Prosecutor, to proceed in every jUdicial manner as of December 2nd against the owner, of Lot K, unless said ndisance'has been abated. The motion was seconded by 11-27-64 608 Mr. Saunders, .who asked Attorney Moore about his conversation with Mr. De Rice, and if the Council had any assurance that the nuisance would be abated. Attorney Moore: replied: "I can't give you my own word on this, but Mr. Gulotta, who handles certain matters for Mr. De Rice in hie absence, called myoffice Wednesday and said that the bulldozer had bee. n orderedand it would start today, probably this morning. It shouldn't take a great length of time to bulldoze that down, because approximately half--between .3'0 per cent and 50per cent--of the spoil that was on there has been moved. He was unable to sell any more, so it has come to the point where he has to comply with the City ordi- nance. It is that simple. That still leaves unanswered however, suppose after he-levels off, he still has a surplus. I don't think that he will, but Suppose he does, can he push it over into the right- of-way of.Casuarina Raod?" City Engineer Fleming said it appears there will be a surplus over the top elevation of the seawall, end that.he would not like -.to,see any or,the surplus pushed north of:the sea wall. City Clerk worthing reminded the Council, that on October 12th they had ordered that a 60 day notice be given to Mr.. De Rice, within which time hewas to abate said .nuisance. Following discussion~ Mr~ Talbot changed the date in his motion from December 2nd to December 13th, the change being accepted by Mr. Saunders. ~, Attorney Moore informed the Council that Tropic Builders were the people doing the work on Lot X, and City Manager Holland informed him the City had a place to store the excess fill, if there was an excess. During discussion, it was pointed out there was no existing sea wall along most of the north side of Lot X, and City Engineer Fleming said he would not recommend any of the fill being pushed north of the sea wall or north of where the sea wall would be if it was extended, otherwise there would be complaints from residents of that area who use that portion of the waterway. Upon call of roll on the motion that if the nuisance On Lot X was not abated by December 13th, the City proceed with legal action, the motion carried unanimously. Mr. Talbot said in view of the City Engineer recommending that any excess fill be removed from the property, and the City Manager i having stated he had a place to stockpile fill, moved that the surplus I fill be hauled away from the property and not bulldozed into the right- of-way of Casuarina Road. The motion was seconded by Mr. Barrow · Vice-Mayor Croft asked how the elevation was determined, and City Engineer Fleming informed the Council that by the recent ordinance the grade was permitted to be three feet above the crown of the adjacent road, and in case there was no road the height would be measured from a grade established by the City Engineer in accordance with what the city specifications would require if said road had heretofore been im- proved. Further, the exact elevation has not been established at this time, but the.grade of the road would be below the top of the present sea wall, and probably the amount of fill allowed to be placed on said lot would put it only slightly above the top of ~he existing sea wall. city Engineer Fleming said he would determine that elevation today. Upon call of roll that the excess fill be removed from Lot X, the motion carried unanimously. -2- 11-27-64 609 City Clerk Worthing presented the following letter from the Chairman of the Bicycle Committee of the Exchange Club, dated November 25th~ "Last year at this time the City of Delray Beach turned over to the Exchange Club of Delray Beach unclaimed' bicycles which were repaired and painted by the Exchange Club and donated to needy children. Once again the 'Exchange Club has adopted this project and we request that the City turn over to 'the Exchange Club all of 'the bicycles which have been impounded for over six months. If this request is granted, the bicycles selected will be repaired and repainted and distribUted on Christmas Eve." The request of the Exchange Club was unanimously granted, on motion by Mr. Barrow and seconded by Mr. Saunders. city Attorney Adams informed the Council that a letter had been received from Mr. D.' R, Neff, Project Manager of.Russell & Axon> c~n~ cerning an $8,000.00 utility bill from the Florida Power & Light Company. The City Attorney said he had reviewed the Florida Power & Light Company Franchise, also the City Charter, and in his opinion, on most of the utility relocations, there is & possibility that the Florida Power and Light Company should pay for same instead of the City. Further, if it was agreeable to the Council, he would write said Company a letter and set up a conference to start negotiations. The Council was agreeable to said procedure. The meeting adjourned at 10:00 A.M., by order of Vice-Mayor 'Croft. R. D. WORTHING City Clerk APPROVED: /~/~ %7., LeRo¥ Croft MAYOR -3- ' 11-27-64 616 ~