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10-30-632. 22nd Lot Mr.' Woodard moved'that the.~i~e~ October 14th and special meetings' of approved subject to the corrections stated: The motion ~asseconded~By'?Mro 3. Mr. Frank F. Ellis, 553 Jaeger Drive, Tropic Pa presented the following statement: "At last council meeting I brought up receiving a bill for $25.00 as a Utilities Management Company West the Delray Beach Utilities water As a result of this meeting, and your adv to check into the matter, a number who heard the radio broadcast, and same position - receiving 'simil&r Tropic Pahus held several conferences. of them had pUrchaSed their own homeS, paying anywhere-from. $60-$70 One ladyadvised, tha2 Shewrote .and~'toIdthem shehad 'Paid $60'fOrher own~me~ not understand why she was bi] and paid for several years back.- The was for a DEPOSIT ON WATER SERVICE, and. as represented. For the past six months there have handling of billing for water, as well as various home owners in Tropic Palm area.' .... -'-. i - Original billing handle~ by a Miss 2 - In August billing we were for the' attention Of'Wm~ 3 - O~ Sept. 20th ~e were advised that system would be handled by Utilities Management, and thi was signed by H. W. Gastmeyer, Jr., President. In that letter we were also a~vised that Tropic Palms area, being part of City of Delray Beach, the new water rates had been established by the City (new rate schedule) effective Sept. 10 1963, and we would notice a slight increase in rates. 4 - I personally called Mr. Holland, City Manager, and explained the situation to him, and advised the amou~lt of trouble we were having on this water meter. He advised me he was acquainted'with the situation, and said the City of Delray Beach expected to 10/30/63 take/over the water ~ for Tropic Palm area during the year 1964. 5 - My neighbor, Malcolm Graham, built a new home starting June 1963, and had been trying to get water supplied to this home for the past five months. 6 - The contractor dug trenches in August 1963 and had difficulty in obtaining approval on testing, so the water could be brought into this new home. UP TO TONIGHT NO SUCH APPROVAL HAS BEEN OBTAINED. 7 - The contractor arranged with me to supply water to Mr. Graham's home by running a metal pipe about 40 ft. long across our two lawns, and has paid me $25.32 to date for water supplied from June to October 1st. 8 - we are submitting herewith, for your inspection, picture showing this water hook-up between the two homes. 9 - Also - two photographs showing the open trenches in which the water Dipes have been layed, but not approved by Mr. Murphy, Health Dept. He knows all the answers why the water system has not been approved. It is my understanding that our neighbors in Tropic Isles, are under City water management, and are not experiencing any difficultywith thei~ water supplies from the City, or confusion in billings, etc. Why can't the citizens of Tropic Palms enjoy the same treatment? In conclusion, the citizens of Tropic Palms have asked me to present to the City Clerk of Delray Beach, a petition asking for immediate relief from the present, and future, water pro- blem, and we sincerely trust you gentlemen will give this petition ~our earnest consideration by appointing a committee to get action. Thank you, gentlemen, in behalf of all Tropic Palm Citizens." City Clerk Worthing then read the following petition by the residents of Tropic Palms Subdivision signed by seventy-four resi- dents of said Subdivision~ "We the undersigned residents of Tropic Palms Subdivision, hereby, petition the City of Delray Beach, Fla. to supply the water for Tropic Palms directly as is done for all other residents. The reason behind this action is because of residents being billed by the Delray Beach Utilities, Inc. for a deposit, by the users, of $15.00 and $25°00 for the meters. This in addition to our already paying for our meters at a cost of $70~00 and more. we as a group of residents of Tropic Palms do not intend to pay any meter deposits to the above named company. Whereas, we the residents of Tropic Palms Subdivision being in the City of Delray Beach, Pla. being banded together as a group do not favor any further demands by the present water suppliers known as Delray Beach Utilities, Inc., P. O. Box 2564, Delray Beach, Fla. and also at 645 South Military Trail, West Palm Beach, Pla. -2- 10/30/63 people who may serve on a committee City Manager Holland informed the'CounciI error in stating that he had said the~ity up over. He said he had met with Mr. Gene wheelock Finance Director Weber on this item, that he and had agreed to give them water to flush the lines w~th no cost to their Company, further, he felt Mr.-Wheelock and th~ Utilities Service would have this condition strai¢ first of the year. Mr. Talbot said he thought the City Attorney should be J to find out what the City of Delray Beach can do under the terms the Contract to take this water set-up over and give the 'Fesidents of Tropic Palms the water service they should have. Mayor Dietz informed the Council that this Contract had been looked into and that this water company had breached its contract and felt the City of Delray Beach should proceed to take possession of this water company. Mayor Dietz asked City Clerk Worthing to explain how this could be brought about to which Mr. Worthing answered: "I believe, sir, it would be in the form of a proper instrument drawn by the City Attor-~ ney, sent to .the Delray Beach Utilities, Inc. advising them of the intent of the City to take over exclusive possession of this system in accordance with a portion of the terms and'conditions contained in the one and only water agreement dated June 1, 1959. In regard to such an instrument, it does give the'Utilities sixty days to take prope~ steps to correct all the faults if they so.~ desire, at the end of which time and failing to do so the City may take exclusive poe~ession and operate the system. On the other hand;. it could take other steps that it might deem necessary at this time in view of many vi91ations of this agreement, one of which is that the City should have had access at all times to the plans, cOntract'S~ engineering, accou~ting, financial, statistical operations by the customer which it ~s not complied with. Secondly, copies of rules and regulatione an~ terms and Condition's adopted by the owners and placed upon the property owners ,in Tropic Palms should have 'been furnished the City of Delray Beach in accordance with this agreement and they have not. Furthermore, an annual summary report showing gross revenues received from the operations.of that business by the Utilities Company should have been furnished the City in accordance with the agreement and they have not. It would be my recomm~ndation that such an instrument be drawn up and forWarded'in ~h® ~=0P~r ' manner expressing the intent of the City of Delray BeaCh." City Attorney Adams. said he agreed with Mr. Worthing and the first step should be a notice of default to the ow~ers'a.n~ in'the.. up by the Contract. Mr. Talbot moved that such action be taken. The motion was seconded by Mr. Avery and carried unanimously. Mayor Dietz asked if there was a $1,000.00 bond posted by said Water Company, and Finance Director Weber said there was a $1,000.00 deposit by the company. Mayor Dietz said there was a clause in the Water Contract that would allow the City to take over said Water Com- pany the day after May 31, 1964, and that was on the basis of fifty per cent of the gross cost of installation. Mr. Ellis asked if the citizens of Tropic Palms were advised to hold up on the payment of said funds. -3- 10/30/63 Mayor Dietz said as Mayor of Delray Beach he could not officially a~vise the residents to that effect, but as an individual he would not pay the requested deposits, but would keep the water bills paid up to date in order that the residents would not be delinquent. 3. Attorney John H. Adams, representing the Cason Memorial Methodist Church, asked the Council that the petition by the Church asking for the abandonment of a portion of N. W. 2nd Avenue be considered along with the Planning/Zoning Board report concerning same. Mr. Avery moved that said petition be heard at this time, the motion being seconded by Mr. Barrow. Mayor Dietz approved Attorney AdamsSrequest that said item be considered at this time and City Clerk Worthing read the following Planning Board report dated October 28, 1963. "A public hearing was held on October 25, 1963 in the Council Chambers. Five members of the Planning Board were present: Chairman pro rem,- Kenneth Jacobson Richard Hanna Colonel Fabens Richard Jebb Stuart Lankton Re= Abandonment of a portion of N.W. 2nd Avenue as requested by the cason Methodist Church. ~ight (8) property owners of the adjacent property were notified. No objections were received, except from the City Manager. Attorney John H. Adams represented the Church and explained the need for the abandonment= the opening of this street would divide the proposed playground area, and be hazardous to children utilizing the Church compound. After discussion, R. Jebb moved, seconded by S. Lankton, that the City abandon that portion of N. W. 2nd Avenue facing Lots i through 6, in Block 41, with the provisions that the City reserve a utility easement for sewers, water, gas or power as required by the City Engineer, and that a cul-de-sac be pro- vided by the Church on this property at the northern end of N. W. 2nd Avenue, after the abandonment. The motion carried unanimously. The Board feels that this Avenue has never been opened, and the opening of the street now, would d£vide the Church property. .The Board also feels, that this is not a through street anyway, as it is only opened from N. W. 1st Street to N. W. 3rd Street, a distance of two blocks, and the opening of this one block would not improve the traffic pattern on a secondary street." Attorney Adams explained that the plans for the entire Church development called, for a playground park-type area on the six lots on the West side of N. W. 2nd Avenue right-of-way, and displayed a sketch showing the layout. Mayor Dietz said he could not understand giving away a portion of an Avenue in Delray BeaCh, and suggested that this.importa~t item be presented to the citizens of DelraY Beach by referendum'in the coming City election. Attorney John H. Ad~ms informed the Council that City Manager Holland had appeared at the Planning Board hearing on this item and had advised them he was plann£ng to start the opening of N. W. 2nd Avenue on October 28th, which is the reason the Church wanted it -4- 10/30/63 b=oUg~t to Council attention tonight. Mayor Dietz suggested caution in handling this matter and suggested that · motion would be 'in order at the appropriate time, if the Council sees fit, to instruct the City Manager not to open N. W. 2nd Avenue, so the Council would not be rushed into giving away an Avenue. Attorney Adams informed the Council that since the original ob- jection of City Manager Holland, they had.held consultatipn, and in order to eliminate said objection, he had ~ggested ann ~lieved he had C£tyManager Holland's approval, if said abandonment is granted, that the Church is wiIling to give whatever, prop6rties'~b~ome neces- sary to provide adequate cul-de-saCs for police and firs'Protection and any rights-of-way the City may choose around or through the property to provide edequate access, trusting that the citY won't split the plan of theproperty. Attorney Adams further stated that a portion of said property Was given to the Church and that a portion had been purchased by the Church, that it is not their~desire to acquire additional property but just to prevent a thoroughfare from being put between the playground. Mr. AveYy said he felt this had been considered in the proper manner with Public Hearing by the Planning Board with,the City Manager presenting his thinking, following which agreements had been reached for a.recommendation from the Planning Board for a cul-de-sac to be provided, proper right-of-way on N. W. 4th Street and utility easements to be given. Mr. Avery then'moved that said right-of-way be abandoned, subject to the conditions of the agreement. Mr. seconded.the motion and said that he believed in the Planning Board letter they referred only to a cul-de-sac on N. W. 2nd Avenue, and asked about a cul-de-sac having been mentioned on N. W. 1st Avenue also. Attorney Adams commented as follows= "May I answer that, sir? That is correct. I might add that the City Manager, I would like to hear him say something soon, because we did con,er in detail on this matter and the Planning/Zoning Board took the attitude that theirs was not the consideration about what whould be done with this pro- perty, theirs was the consideration of whether 2nd'Avenue should or should not be abandoned. City Manager Holland then tal~ed me out of a cul-de-sac on 1st Avenue, because he said that' was a ma~ter of the probiem and while we had it before us would we be willing to solve the entire problem that the property would offer, and it is our decision. Certainly we will, for the good of the City. Incidentally, large tracks of land are desirable for Church property and Very few parcels of land exist in the City_of Delray Beach adequate for Church needs. It is unfortunate that this property was split by astreet or avenue, but if no detrimental purpose can beserved bY abandonment, I honestly feel that it should be and if it had been needed then why has it not been used during the last fity-~ive years~, Mr. Woodard asked City Manager Holland what his Objections were at the Planning Board meeting. City Manager Holland. informed the Council that the opening of' N. W. 2nd and N. W. 3rd Avenues from 3rd to 4th Streets was in the planning stage as he felt same was needed for fire and police pro- tection and to assist in moving traffic to help eliminate as much traffic as possible on Swinton Avenue. The City Manager commented further= "I spent an hour or two on N. W. 4th Street and counted' 98 cars going East and West, North and South off of Swinton Avenue to that area. I decided if I could put more laterals through here, I will eliminate the problem, in connec- tion wi~h widening of 4th Street to 4th Avenue, tying 4th Street -5- 10/30/63 further to 13th, into a paved street, which will give more access to that particular area and eliminate problems further South on Swinton Avenue." City Manager Holland further stated that after the Planning Board unanimously recommended the abandonment of that portion of N. W. 2nd Avenue he had. conferred with Attorney Adams and the Church was agree- able to give a sixty foot cul-de-sac at the termination of N. W. 2n~ and N. W. let Avenues with Church property, that theY were also will- ing to give utility easements, further, he would like to open N. W. 1st Avenue to the point of intersection with the Church property and give the proper.ty owners an opportunity to develop their property, also, unless there was Council objection he planned to open N. W. 3rd Avenue to 4th Street. City Attorney Adams informed the Council if said Avenue was abandoned, a resolution would need to be prepared before the next meeting and that all the stipulations should be set forth. During lengthy discussion, Mayor Dietz said a motion had been made subject to certain conditions and asked what said conditions were. Attorney John H. Adams answered as follows: "I repeat, sir, we will give you a cul-de-sac any size you like at the end of 2nd at the point where it is abandoned, and at the end of 1st. First Avenue offers you a problem of no turn around. We will meet the City's request to provide land for a cul-de-sac at the end of 2nd Avenue at the point which we are concerned with abandonment. Easements Will be granted anyway through the property you may see fit to go through, with the thought that you won't destroy what we have on the property. Preferably the perimeter, however, you might want to r~asonably go through it, sir." Mr. Woodard said he believed he could help to summarize this and commented as follows= "I believe a cul-de-sac has aminimum radius of thirty feet, sixty foot diameter, so that abandoning 2nd Avenue, we would be abandoning 2nd Avenue at that point that it becomes con- tiguous to this property with the stipulation that two cul-de-sacs would be furnished, one at the foot of the Northern terminus of 1st Avenue and one at the Northern terminus of 2nd Avenue, these cul-de- sacs to be minimum of thirty feet in radius. In addition, in the future, if the City needs utility easement across this property, that the Church will cooperate in furnishing these easements at no charge to the City so that we can service this property with utilities." Mr. Avery said to clarify the motion, he would move that the proper resolution be drawn directing the City Attorney and the City officials to proceed with the abandonment of this right-ofeway writing in the agreements as set forth here tonight. Mr. Woodard accepted the correction to the motion in seconding same. Upon call of roll, Mr. Avery, Mr. Baxrow, Mr. Talbot and Mr. Woodard voted in favor of the motion and Mayor Dietz was opposed. 3. Miss Dorothea Galvin, 38 N. Ocean Boulevard, aske~ the Council what was going to be done to N. E. 2nd Avenue from 3rd to 4th Streets as the condition of that Avenue causes car damage in getting to the Post Office. Mr. Woodard informed Miss Galvin that he could answer that question under presentation of items by Councilmen as he had that Avenue listed along with other items he had concerning the sewer con- struction. Mr. Avery said he had intended tO bring this item up later, that he had received many calls concerning 2nd Avenue as well as Swinton -6- 10/30/63 ~475 Avenue and other parts of town, and moved that the City Manager order this street paving and unsightly conditions related to the sewer system cleaned up, repaired and restored at once and if it is not done that he do it and bill same to the contractors account, that the City should take some positive action. Miss Galvin referred to an incident on N. E. 7th Avenue and pre- sented the Council with a picture she had taken of a sign that only said "danger" near a man-hole and that there was no mention about an open trench going East from ?th Avenue. Mr. Talbot seconded Mr. Avery's motion that the City Manager be instructed to order the streets and unsightly areas related to the sewer contract cleaned up, repaired and r~stored at once and if there isn't immediate action, to have it done and bill same to the contrac- tors'account. Mayor Dietz cautioned that this motion should be according to the conditions of the contract in order that there would be no sepa- rate charge to the City. Mr. Avery answered: "If that doesn't stop the project. If it stops the project you will get another motion next week. I'll add that with that understanding." Mr. Woodard commented: "Before we make a specific motion, at 3:00 o'clock this afternoon the City Manager, three representatives from Russell & Axon, the City Engineer and myself spent two hours touring the City to investigate the progress that has been made on this rescheduling of the sewer work. I have.a legal page of specific streets where specific things have been neglected and where the engi- neers have a duplicate list to what I have here, and we intend to follow up on this thing, and this will come up in a few minutes." Mayor Dietz said a motion had already been made and seconded upon call of roll, Mr. Avery, Mr. Barrow and Mr. Talbot voted in faro:. of the motion and Mayor Dietz and Mr. Woodard abstained from voting. The motion carried~ 4.a. A roll call showed the following Civic Organizations and repre- sentatives to be in attendance: League of Women Voters Mrs. Frank Carey Chamber of Cormnerce Mr. Kenneth Ellingsworth Breezy Ridge Estates Mr. John Sword Beach Taxpayers League and Business & Professional Wom~n's Club Miss Dorothea Galvin Board of Realtors Mr. Andrew Gent Tropic Isle Civic Association Mr. John Halstead Planning Board Col. Andrew Fabens 5. City Clerk Worthing read the following letter addressed to City Manager Holland from A. J. Underwood, 1033 Sea Sage Drive, Detray Beach, dated October 14th: "As a resident and a citizen of Delray Beach, I want to con- gratulate the municipal organization on the excellent service rendered by its several departments. In particular, I am especia-lly appreciative of the friendly, courteous and prompt response to any request which is always received from Mr. Mark Fleming whether it is something which falls under his work or is something he must refer to others. A case in point is my recent complaint, on our return home from vacation, on the mosquito situation and the condition of -7- 10/30/63 overgrown lots which, .in my opinion' contributed" to thehordes of mosquitoes. Within a few hours the area was fogged and thru the splendid cooperation of the Sup't. of Parks, the lots in question were cut within 48 hours. This kind of service has never been found in the several cities in which I have resided and I am more appreciative of what it means because, until a few years ago, I was a member, for several years, of a municipal com- mission. Not the least, has been the splendid cooperation from you in any and all situations. I will appreciate it if you will relay my appreciation also to Mr. Robert Worthing for the multitude of advice and aid he has provided since the day I started building my home. If it is feasible to present these thoughts to the members of the commission, please d= so." 5.a. City Clerk Worthing read the following letter to the Council from Attorney Harry T. Newett, dated October 25th: "Re: Ordinance G-508 annexing lands of Rob-E Cor.Doration and of Robert L. Moore and Edith C. Moore, his wife, in Section 9~46-43 I represent Robert C. Raborn who is the owner of the land and 'building lying south of and adjacent to the lands annexed and described in the above numbered ordinance. I understand said ordinance was adopted on second reading October 14, 1963. My client advises he had no notice or knowledge said lands were being annexed, nor the conditions of annexation. He also advises that Mrs. Christenson, who also owns land ad- jacent to said parcel said she had no notice or knowledge thereof. It further appears that the Planning and Zoning Commission neither studied the matter nor held any hearing thereon. It appears some of the provisions thereof may be discriminatory and are not in the public interest or general welfare. For example, it would appear that there is inade- quate access to the property, if built upon, to furnish fire protection. This,' therefore, is to request you to forthwith adopt such measures as may be necessary to suspend or delay said ordi .... nance becoming effective November 14, 1963 (30 day period), and that said ordinance be referred to the Planning and Zoning Commission for study, a public hearing after notice to interested parties, and their recommendations." Mr. Avery asked the City Attorney if an Ordinance could be held in abeyance while a specific study of same was being made. City Attorney Adams said there was a law to the effect that you could hold an Ordinance in abeyance for a temporary time. Mr. Avery moved that Ordinance No. G-508 be held in abeyance until such time as the Planning. Board could schedule, properly adver- tise a public hearing and that a~l contiguous property owners be notified of such hearing by registered mail, the motion being second- ed by Mr. Talbot. During discussion, City Attorney Adams commented as follows: "There are two points here. It wasn't an improper action in the -8- 10/30/63 first 91ace., but you may feel a moral obligation to the.people. The second point is that Mr. HUghson just'told me that a building permit had been issued, so I would limit it'to a Period of thirty days any- way." Mr. Avery said that on the advice of the Attorney he would add to his motion that the time of abeyance, be limited to thirty days, to which Mr. Talbot agreed in seconding the motion, which motion was unanimously carried. Mayor Dietz asked what action would be taken to accomplish what was desired and City Clerk Worthing said a motion should be made to refer ~his Ordinance to the PlaDning/Zoning Board requesting said Board to hold a public hearing with proper notice to adj~oent pro- perty owne=s, it being so moved by Mr. Avery. The motion was second- ed by Mr. Barrow and carried unanimously. 5.a. Mayor Dietz asked Mr. Woodard to give a report on the meeting he had attended this afternoon. Mr. Woodard reported as follows= "At two o'clock this afternoon a meeting was held with Florida Power & Light, Russell & Axon Engineers and the 'City of Delray Beach to attempt to resolve the problems we have run into on the electrical current as it involves the lift stations in our sewer program. You will recall, we have had a discussion about servicing several of the lift stations with either three phase or single phase service. ~. Senior and his staff, who were 9resent, Fred McDuffy, Bill Gearhardt, and the district engineer were more than cooperative in helping us to solve these problems, as was Russell & Axon. After a good deal of discussion, both about the technical problems that were involved and in the contract itself, we came to a following meeting of the minds which we this afternoon felt was desirable to proceed along this kind of thinking. There are four lift stations with which we are having problems. Lift stations 5, 8, 9 and 15. Lift Station No. 5 was to be serviced with two -five horse power motors'and is located at Palm Trail. Lift Station No. 8 has one -five horse power motor and is located near the City Docks. Lift Stations No. 9 and No. 15 are lift stations which were to be serviced with one - two horse power motors. Mr. Senior recognizes the need or desirability of servicing those motors which are five horse power or more with three phase wiring and is agreeable to, with the cooperation of the City, to help them obtain the rights-of-way in this area to put the lines in, is agreeable to try to furnish these stations No. 5 and No. 8.with three phase service. It.was agreed upon also by those of us who were there that these two horse power motors at lift stations No. 9 and No. 15, because of the size, could adequately be furnished with single phase, and we tentatively agreed then, subject to Council approval, that we would proceed along these lines,-that a motor of less than five horse power, or two horse power, could be furn/shed with singie phase electricity. The recommendations, since these three phase motors have been received,.would be then, that on these two two horse power motors the City return these to the manufacturer and exchange them for single phase motors, and in these other cases that we continue as we have with the other lift stations with three phase. If this is agreeable with the Council the Engineers from the City and. from Florida Power and Light will get together and see if we can accom- plish this." Mayor Dietz asked if there would be any single phase motors operating in excess of two horse power, to which Mr. Woodardsaid there would not. Mr. Charles Senior of Florida Power and Light ComPany referred to the meeting that Mr. Woodard had just reported on and said he believed all ware in accord with the set-up. However, it had been mentioned, and the City Engineer was aware of the fact,t~atinthe two areas where the three phase motors will be installed, there will -9- lo/3o/6~ be a problem with reference to trees. It' was understood in the re- commendation that the City would assist in getting the right-of-way to get the lines in, further,' if the City is agreeable, a meeting has been scheduled for next Monday morning to get started on this pro- ject. Following discussion, Mr. Woodard moved that the'City Engineer be instructed to proceed with Florida Power and Light Company along the lines he had just outlined. The motion was seconded by Mr. Avery and carried unanimously. 5.a. Mr. Woodard reported further: "Following this meeting we all got into a couple of automobiles and spent the rest of the day riding around town investigating these unsightly problems we just discussed in relation to the sewer work. We came up with the following pro- blems. In general terms we investigated areas Which were to be re- scheduled for November 1st and November 15th. We started on the mainland area with Barbarossa and also with the Pepper lift stations that are in Barbarossa's territory and we came to the conclusion that the engineers should instruct BarbarosSa that the following conditions should be remedied immediately~ That on S. E. 7th Avenue the areas which a~e not now paved and are not now cleaned up should be done so immediately. That on Marine Way where they are now placing base rock, as soon as this base rock is placed they immediately clean that up. On Palm Street south of Atlantic Avenue where there are open manholes and there is now no work being undertaken, at least as of this afternoon, that these open manhole areas be filled in and capped, or whatever the appropriate action is here so that the area is filled in and cleaned up. On 7th Avenue North, specifically before any further construction is undertaken in that area on any street other than 7th Avenue, that they must complete 7th Avenue. They must get in there and put in the lines, they ·must pave the street, they m~t' clea~ up the area and that in the future, before they ge% into this area between 7th AVenue and the Intracoastal Waterway that they take areas 'piece by piece. In- stead of going into a large area where they cannot clean up and pave in behind them, that they put in a pipe, pave the'area, clean the area up directly behind them and then they go on to the next area. Seventh Avenue is behind schedule and 7th Avenue should"immediately be com- pleted and paved ·and-cleaned up. That in all these areas where there is loose pipe that they should investigate the feasibility of picking up these small piles or individual lo0se pipes that are laying around town and attempt to, if feasible, establish a central yard where all of their materials are stored where they can consolidate all of this additional pipe it will prevent a good deal of clutter around the City and will consolidate their problems for them. There does not appear to be any follow-up. They go into an area with no crew coming in behind paving, cleaning up, picki~' up pipe and the Engineers will encourage them to pick up this pipe, to pave the area, to clean it up and attempt to find some way so that there isn't all of these dirt piles and everything that exists in there now. On 5th Street and 8th Avenue, N. E., there are piles of materials and there is no activity and this area is to be cleaned upi' The piles of material are to be done away with. Eighth 'Avenue'$O~th~of.Sth Street, there are partial piles of pipe there, ~ On 2nd Avenue by the Post Office, this area that Miss Galvin il0- 10/30/63 '~79 mentioned has not been filled simply because this is the street that is to be paved from curb to curb, from 3rd to 8th Streets. As of this morning the City Engineer checked to see if the instructions to the paving contractor had been let, and as of this morning there was no instructions to the paving contractor placing the order for that, however, we, about a month ago instructed them to pave this street from curb to curb, and the Engineers will be checking and the City Manager will be checking to see if we can't get this oOm/~letely paved from curb to curb, from 3rd to 8th Streets immediately. North of N. E. 8th Street a~d North of 3rd Avenue, between the F. E. C. tracks and the road there is a great deal of loose sand that is a hazard for cars getting stuck in this area. The engineers are going to see that the contractors stabilize this area, that all this loose sand is compacted so that the cars won't get stuck just off of the right-of-way there. At 14th Street between 2nd and 3rd Avenues, this is the street that is an artery across the F. E. C. tracks near Food Fair Store. That road is in one of the worst conditions of any of the streets up there. There are craters all over that street. The contractor is going to be instructed there to get in and improve that road. To fill the pot-holes and to improve that immediately. N. E. 2nd Avenue there are piles of construction materials. The sand has not been stabilized on the sides. This area will be cleaned N. E. 12th Street and 2nd Avenue, there are piles of construction materials and loose sand. N. E. 9th Street between 2nd Avenue and Swinton Avenue, this right-of-way has not been cleaned up. They are going to be instruct- ed to clean that up immediately. Fern Court was one of the first streets which was torn up. It still is not paved. There is an old manhole lying on top of the ground. There is dirt and debris. There is no activity in there whatsoever. There is going to be immediate action on that. N. E. 4th Street has not been paved. It is going to be. It is going to be filled in. The contractor is going to be notified. N. E. 3rd Avenue between 4th and 8th Streets. There is no ac- tivity in there, yet there is no pavement. ~There is loose construc- tion materials. The only way that people-can get from the paved portion to their house is by planks. There is a large area of loose sand and to get into their carports o~ garages they have pla/~ks.and get across by that means. It is not satisfactory. It has to be compacted and.. paved and cleaned up and they are going to be notified. Eighth Street and 3rd Avenue N. E., there are mountains of dirt and fill. Either the contractor will be requested to utilize those where he sees fit or we will offer that.the .City has plenty'of places where it can use this fill and to clean up the-unsightliness or we will use it ourselves in appropriate places. The City Manager is a- ware of that and he knows where it can be used. Dixie Boulevard to Swinton Avenue to 8th street on both sides landscaping crews need to follow in there. At the sides of the road again there is loose sand that is going to be cleaned up. At the Master lift station there appears to be a great many hazards. It is right down in the City Park. There is loose con- struction materials in there. There are two buildings in there where -11- 10/30/63 there are open doors and windows with b0ards and planks.and things laying around there, construction materials, and it is a hazard. They are going tO be notified to clean that up. East of the Intracoastal'waterway Cleary. Brothershave been doing a much better job than Barbarossa. Venetian Drive South of Atlantic Avenue is~.the only street over there, that was scheduled for the first of November, is coming along. It looks like it is going to be a few days late, but not quite the problem, that we have West of the IntracOastal Waterway, but there a- gain they are going to be stimulated to get as rapid action as possi~ ble to clean up'the construction materials and the dirt and get that paved. I am mentioning these things only in general detail because the Engineers, Russell & Axon, have these things. They are aware of the conditiO~s andthey are going to get"in there~and they are going to stimulate the contractors to get.as rapid action as possible on Mayor Dietz asked about N~ E. 1st Street between 7th Avenue and the Waterway. There is only 'one house there and their sole business is tourism, and the owner had been informed the'street.would be paved by Thursday or Friday morning. Mr. George.SwitZer of Russell a Axon informed Mayor Dietz that arrangements had been made to black-top that street next Monday morn- ing. Mayor Dietz asked Mr. Wood&rd to add that portion of N~ E. 1st Street to his list of items so it may be, followed through to com- pletion. Mr. Woodard said the City Manager was taking the brunt of .all the complaints, further, that he along.with the ,City Manager and Russell~& AxonEndineers would push the contractors as much aspossi- ble in getting these areas cleaned up. 5.a* Mr. Woodard reported that recentlythe Council had asked a committee to begin work on creating a pension plan for the City employees, A meeting had been held and several approaches to a pen- sion plan ~ere discussed. Finance Director Weber wouid create classi- fications regarding temporary, part time and full time employees,'and their. Howard of the' University of Florida would be approached to ~isee~T he was still available as.he was several~onths ago to work out for the City an, impartia~ actuary approach to creating plans and ,specifications for a couple of different types of pension programs ~ha.t would then be submitted to the City Council for specific action. 5.a. Mr. Avery said it was not his intention at this time or any other time during this political campaign to use the CounCil Chambers or the deliberations of the Council in a political manner, however, that he had a matter that was of urgency to the citizens..of Delray Beach and felt that immediate actionis.~indicated. Mr. Avery continued as follows: '"We read in the paper and in a~ well known gossip column~ this morning that they had on goo~ authority that there was a mal- feasance and charges or.malfeaSance would be made at this me~ing tonight. This room has been ripped in the papers, innuendoes and guesswork and it has reached the. point where it is hurting the City. pOlitics is politics, but the g~od of the City ~s something else and I think it is time that we prepare the vehicle for clearing this. I think it has reached such a critical stage that if any person, whether it be a Councilman, Mayor, individual citizen or who it is that has any charge of malfeasance, nonfeasance or misfeasance againstanybo~y in this City administrat~ion whether he be electedor appointed,.that lo/ 67 those charges be presented in writing with support£ng proof, and be submitted to a Committee consisting of the City Attorney as chairman, the City Judge Nowlin, the City ~udge Byron, Judge Wi!liam ar~ Judge Gringle, and that they consider these and if there is p~r basis, it be presented to this Council with recommendation for a~$ion. That'e ~ motion." · Tho mOtion was ,seconded by Hr. Talbot and carried $.~ N~, Talbot commended Mr. Woodard on his good report concerning the seWer project which involved a lot of work snd study, but said he ati~l ~elt the motion, instructing the City Manage~ .~o step in and repair and restore areas, if the contractors do not.do.it immedi- ately, e, ll~vld stand as he feels-the citizens should be given that conside=ption, .and protected to that extent, Dwving discussion, City Manager Holland said he would appreciate it if tile Council would consider appointing Mr. Woodard to head a committee, picking who he would want and that he (City M~nager) would be willing to serve on the committee, to spearhead and ppsh this work through? !£ Mr, Woodard ~ere given authority to say ~eS :or no con- cerning~$s work and the Council backed him up, the de,ired results would l~e .accomplished. Mr. Barrow complimented Mr. Woodard o~ the job he is doing on t/~is sewer works p'r0Jec~ cl~an-up, and then moved that the council take ~he .-action Just :reCommended .bl~ City Manager Holland. The motion was seconded by Mr; Avery, and following discussion carried unanimous- Mr. Woodard said it would have to be understood that all he can do is to work with the City Manager and .the Engineers, as. the Engi- neers are the ones.that will have to carry this out, and that 'George Switzer and Jack Steinhilper are the ones that have the authority here in dealing WSth the contractors; but that he would be willing to take complaints'and report to the Council What is being worked on. Mayor Dietz reminded the Council that they have a contract and anything done must be through Russell & AXOn and not the City, other- wise there may be a breach o£ con~ract that would be very expensive for the City. Hr. Barrow said the reason £or the motion was to have a repre- sentative to keep the Council posted on complaints and what-was being accomPlished, and if there was not enough being accomplished he could recommend to the Council and the Council could' then move through the proper channels. Mr. Hugh Vogl et Lake Shore Drive said he ~elt the residents of Dealt.ay Beach should be a little more patient with conditi~ns that' exist as a result of Sewer ~nstallation as it iS such a tremendous Job and of such benefit to the City. S.s. Hr. Avery ~ltrOduced the following candidates that have filed for the two Council seats for which there will be a Primary Elect~on on November 19th~ Hr. J. 'LaRoy 'Croft, Hrs; Alyce B. Husa, Mr. James H. Jurney~ Hr: Jame~ H. Sche~.fle~, and Councilman George Talbot,. Jr. ~.e. Mayor Dietz' said he did not~ think the candi'dates for the City Election shOUld, have campaign, literature on city property, and asked that the'-Couficil take'.a stand that on City property political litera- ture has no place. -' During Hr. Avery~s 'comments on this item he said he felt any- t..hi~g :the candidate could do in a campaig~-ing way at a rally which ~s .f~' ~hat purpose, that they should be allowed to do in good task, i82 '.. MaY°r'Die~z said-he:'felt apolit£ca! meeting ~as a fine thing, but it should b~"~y-~0rd of mouth, and'agaih asked that the Council ban Political ~iteratureon government prOpertY,'but there was no action taken. · 5.a. Mayor D~etz said there was a water"hydrant at the S.' W. corner ofN, W. 4th Avenue and 14th Street moved twenty~eight feet due East and &sked City ~anager Holland why said hydrant was moved, and who had requested that it be moved. Ctty Manager'Holland said the fire hydrant had been moved to the Eas~'Sideof the street at 'the requeSt'Of Councilman ~ver¥ who'had al.so asked that somethingbe"done to his yard where it haS-.been cut up, but'tha~he objected to a curb around it as it interfered with his driveway. Ctty Manage= Holland further explained about some work in that area as a result of a broken water ~ine. Mayor Dietz said 'the Curb that was placed a~ that location is well out in the street right-of-way, a~d mentioned the number of man ~our~ and cost it took to movethe'~hydrant and install the curb, etc., and mentioned 'that he had been trying for an entire year to get some'drainage taken care'of i~ the Seagate section where the property had already been assessed for drainage, also a request for a light on N. E. 1st Street, and that these things had not been taken care of'because there was not sufficient money to cover them. City Manager HolI~nd said~tha~. the'drainage problem mentioned woUld'be taken care of and that this was a new budget year. 6.a. The City Clerk informed the Council the term of Mr. Harry Gar- quest, m~n~e~ of the'Resources DeVelopment Board, eXPlr~d~'October 1st and the 'remaining members ~f 'the Board from this di:strict had sub- mitted th~ names of ~t~. Ha~r~ Oerqu~st ~ndMr~ Na~han'Sharp for OO~mci~'~onsiderat~n and 'appOintment"to'serve~ on said Board for a three year term,'expiring October 1, 1966. Mr. Nathan Sharp was unanimously appointed to fi1! said vacancy o~ motion by Mr.~Barrow and seconded by Mr. Avery. 6.b.. Concerning a City-wide clean-up day tha~t~ had ~been mentioned cently by the Beautification Committee, City Ma~nager'Holland said that after personal inspections he can see no way to grant the Beau- t~f~cationcommit~ee request until sUch-~me'as the senitary'Sewer~ Cons%~uction contractors who are creat!ng~a~roblem are out of the way, ~urther, that if the need.existed after the contractors were out Of'the ~ay, he WOuld be pleased'to set up such a program or campaign if the Council instructed him to. 6.c. Concerning power requirements for lift stations No. 5, 8, 9 and 15, the council was reminded that this item had been presented by Mr. Woodard'and taken care of ~nder pres~ntati~n"of items by Councilmen tonight. 6.d. ConCe~n~-~g ~easibil~ty of proViding for a City PrOsecutor, Mayor Dietz said theCOuncil hadbeen kind e~ough to defer this item so that he maymeet.with the Municipal Judge and discuss this matter wi~.~, him. The Mayor had met w~th Judge Nowlin who is agreeable that this could be worked on a non cost basis as far as the City Budget is concerned in the manner of a court Cost. being added to the~tne which would'be suff~icient to'take care of~the prosecutor.' Further, that the ProsecUtsr should come ~ireutly under the council jus% ~s the City Manager and the Judges, would be an annually appoint%d' that said prosecutor would live within the City. Mayor Die~z sug- gested that~a committee,'con'S~sting of h~mself', At~orneyRh~a'.Whitley and MuniCiPaI Judge'James'No~Iin, Jrt, be appOtnte~ t0work on this and bring a concrete proposal to the Council for.action. -14- 10/30/63 ~r; Talbot moved that .said committee, be appointed and that they present their recommendations at the next regular Council meeting. The motion was seconded by Mr. Barrow and carried unanimou.sly. - 6.e. Concerning consideration of parking facilities in the downtown area, Mr. Woodard asked that a .special Council meeting b~ scheduled for the pttrpose of discussing .this item,~ The special meeting was unanimously scheduled for 10~00-A.M., Friday, November 1st, 1963 on motion by Mr. Woodard and seconded by Mr. Barrow. 6.f. The Council was reminded that they recently authorized expendi- ture of $7,300.00 for a Ford F-500, Model 1030 lift trVck~ and was informed that for making possible full use of this equipment to the benefit of the City, 1 Gan Tax .Generator, I Kurth .Kut E~ectric Saw, and 1 Remi~g~on Electric Chain Saw are needed, also an appropriation of ~600.00-to cover cost thereof. City Manager Holland' informed the Council that he also needed a radio for that truck at a cost of $460.00 and a new mower at a cost of $62~.00, further, that he would be agreeable for this $1,685.00 to come cc2 of the Contingency Equipment Fund, it being so moved by Mr. Avery. The motion was seconded by Mr. Talbot and carried unanimously. 6.g. The Council was 'presented Change Order No. 2 with Powell Brothers concerning the off-shore sect. ion of the ocean outfall line a~. follows= "CITY OF DELRAY BF~C~ .P_A.LM BEA.CH COUNTY~ FLORIDA . Sm~GE, WO~XS P~,OJEC ,T,, PROJECT NO. $964-8a CHANGE ORDER NO... 2 This Agreement, entered into this . day of October, 1963, by and between the CTTY OF DELRAY BE~CH, palm Beach County, Florida, hereinafter referred to as the City, end PO~ELL BROTHERS, INC., hereinafter referred .to as the Contractor, the same being a change or supplement to a certain Contract by and between the parties aforesaid, dated 24 May, 1963, for the construction of Sewage Works Project, Ci2y of Delray..Beach, Pa lm Beach County, Florida. WITNBSSETH~ WHEREAS, Russell & Axon, cOnsulting engineers for Project No. 5964-8a, have~determined that the deletion of a portion of the ocean cuffs11 sewage, line would in no way affect .the design and future ~essful operation of s~id cuffs11 line~, and ~{EREAS, the Contractor desires to amend the contract to delete a portion of the .aforesaid outfall line due to the required depth being obtained at ..or near station 75 + 48, which fact has been substantiated by Russell & Axon, consulting engineers~ and WHEREAS, the City, on the advice of its consulting engineers, is willing to amend the agreement with the Contractor to re- ceive a credit of $12,700.00 for allowing the cuffs1! line to be terminated- at Station No. 75 + 48~. NOW THEREFORE,: in consideration of the mutual covenants herein Co~tained, the parties hereto agree as follows: -15- 10/30/63 484 I, The Contractor agrees to delete or terminate the off-shore section'of the ocean 0Utfall line'(Item No. 153 of the Contract) at Station NO. 75 + 48. A determination has been made by · Russell & Axon that a depth in excess of 100 feet has been reaChed and since the ocean floor-at or near this station has a rapid drop in grade, thus meetings11 requirements of the con=tact'plans and specifications and requirements of appro- priate governmental agencies. no additional line is required. It is further agreed and understood that for each linear foot of off-shore ocean cuffs11 line deleted, a credit of One Hundred Dollars ($100.00) will be given to the City of Delray Beach. The length of line to be deleted is 127 feet. The change to the Contract by this change order being Twelve Thousand Seven Hundred Dollars and .No Cents (~12,700.00). II. It is further agreed and understood that the contract time is. not extended and that this change shall not alter in any manner the force and effect of the original COntract, dated 24 May, 1963, and the same shall stand in full force and effect in all respects, except as amendedby this Agreement. POWELL BROTHERS, INC. ATTEST= (A Florida Corporation) By By ATTEST= CITY OF DELR~Y BEACH By " , APPROVED AS TO FORM By .. CITY ' ATTORNEY RECOMMENDED FOR A~PROVAL= RUSSELL & AXON CONSULTING ENGINEERS By Title. .... " 'Mayor D.ietz commented as follows= "Could we get in the-record that Russell & Axon submitted the Change Order to us in the regular way under the contractual proceedings, but we were not willing to accept that Change Order as it ~as .wr£.tten because, in that' way we would be okaying the.te~minus of the' outfall pipe which was decided by RusSell & Axon and under their authority under their contract we don't wish to O.K. that particular action so that:the Counsel has drawn the Change Order so that we act only on the economics of it whereby we ge~:a credit of $100'.00 a fOOt for so ma~y feet. I think it is necessary to put this in the records in case at some later date there be some question of whether .it 'was a regular change order or one that we had rewritten'and we rewrote it for a specific purpose. Does that clear the records, Attorney Adams?" City AttOrney Adams said the explanation and th8 way. the Change Ord~rwaswritten,he believed, would clearly indicate what was' tende~-.' Mr. Wood&rd asked the City Attorney= "Do I understand '~h'~t we have no alternative but ~o automatica~ly 'approve. this?" The City Attorney said it was the Engineers~recommendation and -16- 10/30/63 should'.any~hin~ design-wise fall, believed it to still 'be the engi, nests ' reaponsibi lity. Mr.' Woodard said that on that. basis he wou2d, move-that Change Order Nco 2 of Powell Brothers Construction Company be approved. The motion was seconded by Mr. Talbot and carried unanimous~F~ 6.h. The City Clerk informed the Council that authorl~$Q~ is quested for providing street lights as .follows: One on Beach Drive, one on Crestwood Drive, one on Seaepray Avenue, each t~ be between Ocean Boulevard and 'Andrews Avenue, also one mid-way on Waterway Lane. Further, that police coverage of this general 4re9 is being provided :bY the assignment of 'two patrolmen and-the Department had cited the need for the above lighting improvements. Mr, Woodard asked if the area residents were in with agreement the pl~i~g of these lights, to which City Manager Holla2~ informed the Cou~c~! that he had requests for the lights at Beach.~rive and Crestwood~Drive, that he didn't know about the residents of the' other two lo~ations but had planned to place them there as pNotection for the residents and the Police Department, further, that ~W lights at Beach and l(~restwood Drives had been authorized two yea~l i~go but had never been installed. The City Manager said he would contact the area residents on Seaspray Avenue and waterway Lane before installinq the lights that he and the ,Police Department felt were needed, and if the residents objected to. those lights 'he would report same ~0 the Counc i 1. Mr. Woodard moved that, the request for installing the lights be granted contingent upon the erea residents desiring the l~ights, The motion was seconded by Mr. Avery and carried unanimously, 6.i. City Clerk Worthing informed the Council that due to providing the new West Side Community Center, activities at Teen Town 'Cen2er would be greatly curtailed and Mr. Edmonds, present Recreation 'Super- visor at Teen Town, may be able to assume the added duties of main- tenance therein. As a result of the above, no 'funds were included in the new budget for janitor service. Further, that Mrs. Viola Plummet had been employed by the City for 32 years and recently handled the janitorial function at Teen, Town' Center, and, it being possible that. the City may desire to retain Mrs. Plummet in such. capacity at Teen Town, determination, thereof by Council was requested. Mayor Dietz asked if that would add to the 'number of City em' ployees ,to which City Manager Holland said that it would not. That she is presently~ employed and was_kept on during october~' as there had been a sufficient amount of money in the budget to-retain her 'un- til the CoUncil determined what they desired in this, case, further~ the ·only thing he questioned was whether she would be physically able to perform the janitorial duties at the new We~t Side Recreational Center when that building was put into operation. If the CoUncil" wanted tO retain her services at the Teen Town Center, there would have to be money provided as it was not provided in the budget. Fo'llowing discussion, Mayor Dietz commented and explained as follows: "The fact is that Mrs. 'Plummet is there now and you~are paying her out of the salary account of the new Center, which ia perfectly alright. Now, when she leaves there for one reason or an- other, the man that is therei Mr. Edmonds, we budgeted for him to stay and he will take. care of it. The on1¥ question is .whether this lady needs assistance 'over' in the 'new center or not, and that i8 the time to ask 'for..addit~onal money if it is needed..' City Manager' Holland said he would come back to the Council with this item after 'the new West Side Community. Center is opened fo~ operation, but in the meantime he would like Council authorization to keep Mrs. Plummet employed until such time as the new center is open in order that her salary ia authorized for payment from the funds alloted for the new center, it being so moved by Mr. Avery. The motion was seconded by Mr. Barrow and carried unanimously. 7.a. The following letter from Russell & Axon, dated October 15th, 1963 concerning the Harry Pepper Company was read: "Subject= Subcontractor Approval Sewage Works Project No. 5964-8a Delray Beach, Florida ATTN: Mr. Robert Holland, City Manager The Harry Pepper Company has requested, by letter of 8 October 1963, that it be given authority to engage the subcontractors listed below: Subcpntractor work.~o be Performed International Piling Company Piling at Master Lift Station J. Hagen Painting & .DeCorating Company Painting Lift Stations .The above listed subcontractors enjoy an excellent reputation. 'This Office is not aware of any reason that they should be disapproved. Recommend approval of the subcontractors listed above to the ~Harr~Pepper.Company. Approval of the subcontractors does not':~ange or alter the responsibilities of the Prime Con- tractor." Mr. B~rowmoved to follow the recommendation of Russell a Axon, the motionbeing seconded by Mr. Wood&rd and unanimously carried. 7.b. The following letter from RuBes11-& AXon, dated October 15th, 1963 concern.lng Powell Brothers, Inc., was read= · SubJe=t= 'SubcontraCtor Approval Sewage Works PrOject No. 5964-8a Delray Beach, Florida ATTN= Mr. Robert Holland, City Manager Powe~l'Brothers, ~nc.,has requested, by-letter-of September 11, 1963, that it be given authority to engage'th~ subcontractor listed below~ Subcontractor Work ~o.',be Ps=formed Interco~nty Construction Corporation 'Work listed on attached sheet The above listed subcontractor enjoys an excellent reputation. This Office is not aware of any reason that he should be dis- approved. Recommend approval of the subcontractor listed above to Powe11 Brothers, ~nc. Approval of the sUbcontractor d~ee not change or alter ~he responsibilities of the Prime Contractor." The ~k to be performed is listed An the following letter to the City of Delray Beach,- from Mr. H~ M. Langford, V~e ~resident o-f PoWell Brothers, Inc., dated Septemberllth, 1963~. -18- 10/30/63 "Re: ..Sewer Works,~rojeot - OutfOll l~ne It is requested that.webegranted permission to sublet a portion of the work on the project captioned above tO Inter- county Construction Corp. of Fort Lauderdale, Fl~, That poFtion of the work desired to'be sublet is as fo~o~s= Zte~ ~ 1¢7- ~oad, Haul & Xnstall 24" pipe (on shore) - Station 0+00 to 2+10 & 4+90 to 14S - Load, ~aul & Xnstall )0" Pipe (on shore) - Station S+~) to 150 - Furnish and ~nsta~l Gate.Valve and Vault - install pipe - at Station lS? - Furnish Materials and Construct Asphalt 'Pavement replacement 158 - Furnish Materials and Construct Concrete Sidewalk replacement 15.9 - Furnish Material and construct curb & Gutter replacement." Mayor Dietz cautioned that in okaying this request now it should be specified that this work will not start until after Easter of 1964. Mr. Wood&rd moved for acceptance of the request with the speci- fication as mentioned by Mayor Dietz. The motion was seconded by Mr. Barrow and carried unanimously. 7.c. Concerning an offer to sell lands North of the North Water Plant to the City, the following letter was read= "We, the undersigned, are the owners of the following described real estate in the City of Delray Beach, Florida~ ~LOts 26, 27 & 28, Block 41, Town of Delray, AND The S. 50' of the N. 100~ of E. 135~ of Block 33, Delray Beach.' Since the sa~d lots are in the twilight, zone of the City and across the street from lots which the City present!y owns, we feel that at some future date it might be greatly to the ad- vantage of the City to own the above described lots. we therefore extend to.the. City for a period of 30 days from date an option to purchase the said lots a~ a price to be determinedby three disintereste~ realtors of said City, one to be selected by the undersigned, one by the City, and one by the two selected asaforesaid. Thanking you for an early reply, we are." The location of the property was Pointed Out to the Council and following discussion Mr. Talbot moved that this item.be referred to the Planning Board for their study. The motion was seconded by Mr. Barrow and carried unanimously. 8.a. The City Clerk reported that last September Russell & Axon re- quested permits from the Florida East Coast Railway Company for crossing of their property and that Resolution No. 1.462, prepared by the Florida East Coast Railway Company, provides for authorizing execution of a license agreement with said railroad whereby the City -19- '. is granted permits for' said crossings, one of. which is near N. E. 6th Street and the other ~at S...E. 4th Street. RESOLUTION NO. 1462. Upon motion duly made and seconded, the following resolution was passed and adopted: BE IT RESOLVED by the City Council of the City of Delray Beach, a municipal corporation of th® State of Florida: 1. That the said City of Delray Beach, Florida, consents to and agrees to enter into an agreement with Florida East Coast Railway Company, wherein and whereby said City of Delray Beach, Florida0 is given the right and privilege of.installing and mai'n~aining a 16 inch cast iron gravity sanitary sewer pipe encased in a 24 inch steel casing pipe and a 10 inch cast iron sanitary sewer pipe encased in an 18 inch steel casing pipe across and under the Railway's right of way and tracks in the City of Delray Beach, Palm'Beach County, Florida, at the locations more particularl~ described in agreement attached hereto and as per Railway's Plans Corr. Files 317-103-1 an~ 317-103-2 dated September 10, 1963~ all according to the further terms and con- ditions of said proposed agreement attached hereto and made a part hereof. 2. That the Mayor, with the attestation of the City Clerk, be and they are each hereby authorized and directed to execute the said agreement for and on behalf of the City of Delray Beach, a municipal corporation of the State of Florida. 3. That this resolution shall take effect imm~diately upon its passage. Resolution No. 1462 was unanimously passed on motion by Mr. Avery a~nd seconded By'Mr. Talbot. 8.b. Concerning Ordinance No. G-470 that was tabled on November 26th, 1962, Mr. Woodard moved, following discussion and'review of this item, that Ordinance No. G~470 be re~°Ved from the table, the motion being seconded by Mr. Avery and unani~ously carried. Mr. Woodard then moved that the action the Council has taken on Ordinance No. G-470 be rescinded, and explained that would leave the City with the ordinance~at is ~8~ on ~he books concerning hours of constru~tion, w~ch ~g%hat'the:~mm~ppointed %o~stUdy same had recommended. Th~'~ion~s~6°~8~'~/~lr. Avery and carried unan- imously. 8.c. City Clerk Worthin~ ~nformed'the Council-thatthe foliowing Ordi- nance provides for amending se6tion 3'0~"Or~in~nce'~No'. G-429 which provided for the annexation of properties qwned by Dr. Raborn and excludes the prOPerty from paying bnthe b6~d~d indebtedness which condition Should have been ref~cted ~ the Original ordinance as that was supposed to have been p~rt of the agreement for annexation. City Clerk Worthing then read ORDINANCE NO. G-513. AN ORDINANCE OF T~' CITY COUNCIL OF THE CITY 'oP DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO% G-429 OF THE CITY OF DELRAY BEACH, FLORIDA. Ordinance NO. G-513 WaS unanimously placed on first reading on motion by Mr. Avery and seconded by Mr. W0°dirdi 8.d. The City Clerk presented ORDTNANCE NO~ G-514~ -20- 10/30/63 q89 AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA~ REPEALING SECTION 17.34, CHAPTER 17, CODE OF ORDI- NANCES OF THIS CITY. Ordinance No. G-514 was unanimously placed on first reading on motion byMr. Avery and seconded by Mr. Talbot~ .r 8.e. City Clerk Worthing presented ORDINANCE'-NO. G-515, which was re- quested by the Council following an application for a liquor license from the Delray Beach Yacht Club. ORDINANCE NO. G-515 AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES= AMENDING SECTION 4-5 AND 4-7 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE SALE OF LIOUOR IN LOT-6, BLOCK M, JOHN B. REID'S VILLAGE OF THE CITY OF DELRAY BEACH, FLORIDA, Ordinance No. G-§15 was unanimously placed on first reading on motion by Mr. Woodard and seconded by Mr. Barrow. 8.f. City Clerk Worthing presented ORDINANCE NO. G-511.. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS I THROUGH 13 .OF REPLAT.'OF PART OF LOTS 2 AND 3, BLOCK l, OF MODEL LAND COMPANY'S SUB- DIVISION OF WEST HALF OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PLAT BOOK 1, PAGE 128, DELRAY BEACH, FLORIDA, IN "R-2 ONE AND TWO FAMILY DWELLING DISTRICT," AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960." (Copy of Ordinance No. G-511 is attached to and made a part of the official copy of these minutes.) (See Page ~90-A) There being no objections to Ordinance .No. G-511, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr..Woodard and seconded by Mr. Talbot. 8.g. The City Clerk presented ORDINANCE NO. G-512. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 0EL~AY BEACH, FLORIDA, AMENDING SECTION 11A-20 CHAPTER 11A CODE OF ORDINANCES OF THIS CITY, PER- TAINING TO THE BOARD OF EXAMINERS OF CONTRACTORS. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Section 1. Section 11A-2, Chapter llA, Code of Ordinances of the City of Delray .Beach, Florida, be, and the same is hereby amended to read as follows: "Sec. 11A-2 Board of examiners - Appointment, composition, term, removal for cause, filling of vacancies. "The city council shall appoint a board of examiners of con- tractors, Consisting of five members and five alternate members, -21~ 10u30-63 490 who have been residents.of or have had'their principal place of business in said city for at least oneyear next preceding the date of their appointment. Two of the members and alternate members of said board shall be appointed for terms of one year~ two of said members and alternate members for a term of two years~ and one member and alternate member for a term of three years. Thereafter, the term of office of each member and alternate member of the board shall be three years~ the city council may remove any member of said board for cause. Two members and two alternate members of said board shall have had prior experience as licensed general contractors, one as a licensed architect, one as a licensed la~yer, one may be a licensed subcontractor. Members appointed to fill vacancies caused by death, resignation, or removal shall serve during the unexpired terms of their predecessors. Each member of said board shall serve without compensation." PASSED on second and final reading in regular session on this __day of .... 1963. There being no object,on to-Ordinance No. G-512, said Ordinance was unanimously passed and adopted on second and final reading on motionbyMr. Woodard and seconded by Mro Barrow. 10. City Clerk worthing referred to a letter from Attorney John Moore regarding .the Yacht Basin' in.the neighborhood of Casuarina Road, and suggested that it be referred to the City Attorney and the City Manager as they had been designated to study this item~ MaYor Dietz suggested that the motion also state that Attorney John Moore be advised that' this item isbeing.handled by the City Attorney, it being so moved by Mr. Woodard, seconded by Mr. Talbot and unanimously carried. 10.a. City Clerk Worthing. presented bills for approval as follows: General Fund $89~070.66 Water Fund - OperatingPund 3,518.82 Special Trust Account - First National Bank of De,ray Beach 600.00 Special Trust Account - Delray Beach National Bank 66.00 The bills were unanimously ordered paid on motionby Mr. Woodard and seconded by Mr. Barrow. The meeting adjourned at 10:25 P.M., byorder of Mayor Dietz. City Clerk APPROVED: MA Y'OR -22- 10-30-63 oRDINANCE NO. G-510.  ~%N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,. FLORIDA, REZONING..AND ~PLACI~/ ~TS ~, '~ and '~..=~Zm.~Y and C, OS~ the Cit~or~eby ~zoned, ~ghd placed ChaDter 29 of the .Code of O~ln of ~e City of ~lray Beach, Florida, to-wit: .< LOTS 23, 24~ 25, McGI~EY S~DI~SIgN, DEL~Y B~, FLORIDA'~.AC- CO~ZN~O e~Z ~OOK ~ nZ ~GZ S~ CO~ Z. ~ ZO. ~n~ ~CH CO~. Z~. ~CZZUN ~. ~at ~. nuilUin~ Inspector o~iU City shall/pon the effective date of this ordinance ~a~ge~e Zon~g ~P of ~lray Beach, Florida to =onform wi~h t~ ~ions of Section".l hereof. PASS~ in regular session on ~e second and final reading on this the 13t~ay of J~ua~ A.D., ~ 196~. MAYOR ATTEST: City Clerk First Reading December 9, 1963 %_~nd Reading Januab~. 13, '1964 ggo-A ORDIN~NCB NO. ~-51i. AN ORDINANCE OF TH~ CITY COUNCIL OI~ THE CITY OF DELR~Y BEACH, FLORIDA, REZONING AND PLACING LOTS i THROUGH 13 OF REPLAT OF PART OF LOTS 2 AND 3, BLOCK 1, OF MODEL LAND COMPANY~ S SUB- DIVISION OF WEST HALF ,OF SECTION 21, TOWNSHIP " 46 SOUTH, RANGE 43 EAST, PLAT BOOK 1, PAGE 128~ DELRAY BEACH, FLORIDA, IN "R-2 ONE AND TWO FAMILY DWELLING DISTRICT," AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". 'BE IT ORDAINED BY THE CITY COUNCIL OF THE .CITY OF DELRAY BEACH, FLORIDA: SECTION 1, -That the following described property in the City of Delray Beach, Florida, is"hereby rezoned, and placed in the "R-2 One and Two Family Dwelling District', as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: LOTS 1 THROUGH 13 OF REPLAT OF PART 'OF LOTS 2 AND 3, BLOCK 1, OF MODEL LAND COMPANY'S SUBDIVISION OF WEST HALF OF SECTION 21, TOWN- SHIP 46 SOUTH, RANGE 43 EAST,~ PLAT BOOK 1, PAGE ~128, ACCORDING TO PLAT BOOK 26, PAGE 11.3 ON FILE IN THE OFFICE OF THE CLERK OF. THE CIR- CUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. SECTION '2. That the Building Inspector of .said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida to conform with the pro- visions of Section 1 hereof. PASSED in regular session on the second and final read- ing on this the 30th day of October A.D., 1963. /S/ ~I~T~R DIETZ MAYOR ATTEST: /SI R, D, ,WORTH~NG , City Clerk First Reading 0~teber l~t 1963 Second Reading 0otober 30, 1963