12-07-59 277
DECEMBER ?TH, 1959.
A Regular Meeting o.f the City Council was held in the Cou~.cil
Cb. ambers at 1:00 P.M., with Mayor George Talbot Jr. in the Chair,
Cxty Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Com-
missienera J. LeRoy Croft, Fred B. McNeece, Charles H. Harbison and
George V. Warren being pre~ent.
An opening prayer was delivered by Reverend Stewart H. Austin.
The Council, by general consent, approved the Minutes for the
Council Meetings of November 2$rd and December 2nd.
Mayor Talbot made public a Proclamation, declaring this to be
National Civil Defense Day, regretting the fact that such 'Notice',
from Col. Altman's office, had arrived to late for publication in
last week's issue of the Delray Beach Journal.
City Manager'Lawson submitted the fo.llowing.BIDS .~ec.eived for
a CHLORINATOR intended for use at the Munxcipal (Easts~de) Pool;
Wallace & Tiernan $ 980.00
Hyd.rozone Corp. o.f America ?87.80
Marietta Pool Equipment Co 747.50
and informed the Council that, the equipment proposed to be furnished
by the low bidder is manually operated and therefore inadequate, and
though Wallace & Tiernan's Bid exceeded that of the second low bid,
recommended.p.urchase of. same due to the past very satisfactory ser-
vice of a szm~.lar .chlor.~nator at the .Eastside Pool; the reputation,
most out-standing ~n th~s area for this type of equipment due to its
built-in safety features, corrosion resistant materials, methods of
chlorine control and simplified operating procedures. The M, nager
further cited t. he fact that the pre.sent personnel at the pool are
thoroughly familiar with the operating proc.edures of the V~allace &
Tiernan equipment, and also that a very relxable Factory Representa-
tive is located in Boynton Beach and willing, at all times, to pro-
vide fast and efficient service.
On motion of Commissioner Croft and seconded by Commissioner
McNeece, the Council unanimously apprgved'the purchase of a Wallace
& Tiernan Chlorinator for the sum of $980.00, as recommended by the
City Manager, Recreational Director and the Water Department.
The City Manager then submitted the following BIDS fo.r the im-
provement of that part of N. E. ?th Avenue lying between Fifth and
Eighth Streets:
Hardrives Inc., $8,888.28 Start 10 Days Comp. 45
Palm Beach Asphalt 6~899.00 10 60
Rubin Cons truct ion 65991.45 10 40
R. H. Wright, Inc. ?,$00.00 15 45
The Council, on motion of Commissioner Harbison and seconded by
Commi.ssioner McNeece, unanimously approved placing contract with the
Iow bxdder for said improvement of that part of N. E. ?th Avenue ly-
ing between 8th and 8th Streets.
City Manager Lawson presented a map, fu~.nished by the Assistant
Attorney for the State Road Department, showzug the drainage areas
referred to in the prop.osed agreement for such drainage improvement.
The Manager further advised of having_conferred with the District
.Drainase Engineer for the SlID in Ft. Lauderdale concerni.n.g possible
~nclus~.on of additional drainage areas.for integration w~th the SRD
plans ~n connection with the U. S. #1 ~mprovement.
Nr. White, of the Ft. Lauderdale office, recommended that the
City of Del~ay Beach p~ovide fo~ executio~ of the p~o~ose~ A~eement
with the SRD fo~ ~ainage plans in co~ectio~ wit~the U.S.~I ~rove-
ment, but to continue the study of possible ~nteE~ation of f~the~
d~ainage plans with those o~ the SED, tho~h believing that it
be mp~e econ~ical and feasible for the City to p~ov~de its o~ ~a~n-
age system for new a~eas. .~. ~ite 'f~ther felt that an
entered ~nto at this t~e w~th the S~ co~d, no doubt, be ~ended at
a late~ date if datelined to be wa~anted.
~asmuch as the S~ requests that authorization fo~ execution cf
the "Agreement" be provided by the adopti~ of a Resolution directing
such authorization, the Co,oil ~equested the City Attorney to pre-
pare such a Resolution for the next Co~cil meeting.
· ~yo~ Talbot, ~efe~ring to the list of na~s of individ~ls who
woul~ be willing to serve on the Board of A~justment, as sub, trod by
t~e City ~na~er, ~eminded the Co~cil t~t the Plying Boa~d
s~res the c~eation of the "Board of Adjustment" at the earliest pos-
sible date.
Co~ssioner ~rbison s~gest~d that it might be well to table
this action for f~ther Consideration of the individ~ls available
aswellas to provide the incoming Cocci! an op~ert~ity to consider
an~ effect such creation of a Board of Adj~tment, further stating
that more time should be ~evoted to the study of such available indi-
vid~ls, for such an ~portant Board, the list only having been re-
ceived last Sat~day afternoon.
The Co~cit, on motion of Co~issioner Warren and seconded
Co~ssioner ~bison, ~an~ously agreed that appointment of a Boar~
of Adjustment be tabled for f~ther consideration ~d possible addi-
tion of a~ilable individuals, to the c~rent list, willi~ to serve
on a Board of Ad~us~ent.
.~ motion of Co~issigner War~en and seconded by Co~ssioner
Narb~son, the C~cil ~an~ously a~prove~ referral to the Pla~ing
Bcar~, for Public ~ear~ng to be conducted, the request of ~. Jesse
f. L~ for re-zoning of Lots 8 and 8 ~n Block l, of 0sceole Park S~
from R-1-A to
~e Co~cil also referred to the Pla~in~Zo~ng Board, for Pub-
lic ~earing, on motion of Co~ssioner Harbison and seconded by C~-
~ss~oner Croft,.the request of.Att'y. Charles Byron, on behalf of
~. Donald S. ~d, for re-zoning of Lots BB, B8 and B{ in Block ?~,
from R-B to C-B.
City ~na~e~ ~wson.submitte~, to the Co~cil~ a 'Petition' fr~
several properly ~ers ~n the ne~ghborhogd of North 1st Avenue and
~st ~ Street, protestinE a~ continuation of School f~ction in
the b~ld~ previously housing the Gearhart School, clai~ng such an
operation constitutes a nuisance in the area as a result of noise,
traffic congestion a~8 other ~tters considered objectionable. The
City ~naEer then read the following opinion of the City Attorney:
"You are advised that application has been ~de by Father Z]~er-
~n for renewal of City Occupational License for the school fo~erly
oper~te~ as Gearhart School on N. E. 1st Avenue, City, and because
said ~e is non-confo~nE you have inquired whether you may grant or
8e~ the application.
~ ~ option, there is no gro~d to refuse and you should issue
the s~e.
O~ zoning o~inance 8oas not p~ohibit the transfer of a non-
co, or, nE use. Hence, the right to continue such use ~y be trans-
ferred to-a successor in title. NcQuillan, ~icipal Co~porations,
~ec.
The p~operty was previously licensed as a school ~til September
DECEMBER 7th, 1959 279
SO, 1959. It is stated it was used as such until June l, 1989 when
it closed for normal vacation; that it has not been re-opened because
repairs were in progress to get it ready as a school.
Such conditions do"not constitute an abandonment of the use -
Miami Beach vs. State, 128 Fla. 118~ 174 So. 443.
/S/ HARRY T. N~;~ETT City Atty.
Commissioner ¥~arren moved that the matter be forwarded to the
Planning/Zoning Board for their consideration and recommendation.
Motion failed for lack of a second.
In view of.the expressed opinio.n of the C.ity Attorney, .no action
was considered in order by the Council. ·
City ~nager Izwson referred to Ordinance No. G-85~ -
AN ORDINANCE i~ENDING CHAPTER 11 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA;
RELATING TO COIN OPERATED DEVICES; FURTHER DE-
FINING THE TERM "COIN OPEP~TED HACHINES"; PRO-
HIBITING NINORS FROM PLAYING SUCH MACHINE AND
PRESCRIBING PENALTY FOR VIOLATION OF THIS ORDI-
NANCE; AUTHORIZING SURRENDER OF AN~ LICENSE AND
PRO-RATA REFUND.
which was placed on first reading November 18th, 1~8~, and informed
the Council that since first reading of this proposed Ordinance, it
has been determined that there are very few pinball machines pre-
sently within .the corporate.l'~zmits of Delra.y Beach,~ due to which, and
th~ fact that it wou. ld~requ~re constant vigilance to enforce such an
ordinance: it is, therefore,' recommended that considera.tion be giv.en
· the adoption of an ordinance specifically prohibiting, p~nball machines
inside the city limits.
~ 0n inquiry from Commissioner Harbison conce.rning the right of
the Council in creating sUch an °rdinance~ the C~ty Attorney advised
that same provided for such devices not to be illegal by their exis-
tence but for the operation of same, by certain individuals~, age wise,
to be illegal.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously a~reed that the City Attorney be re-
quested to draw up an Ordinance, x~or consideration by the Council,
abolishing.all Pin-Ball N~chines and other Mech~anical Devices which
provide any element of chance or unpredictable outcome.
The City.Manager then read - RESOLUTION NO. 1211:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DE .LRAY BEACH, FLORIDA., ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED ~ITHIN SAID
CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID
CITY TO ACCOI~LISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF SAID NUISANCES, 'Abed DE-
CLARING SAID LEVY' TO BE A LIEN UPON S~ID PROPERTY
IN AN AEOUNT AS SHO~ BY REPORT OF THE CITY MANA-
GER OF DELP~Y BEACH, FLORIDA.
(Detailed Copy is attached hereto and forms a part hereof)
(See Pages 286-A th~u 286-D for copy of RESOLUTION NO. 1211.)
On motion of Commissioner Harbison and seconded by Commissioner
Warren, the Council unanimously approved adoption of Resolution No.
1211 on this first and final reading.
280 DECEMBER 7th, 1959
A RESOLUTION DECLARIN~ CERTAIN LANDS IN THE
CITY OF DELRAY BEACH, FLORIDA, TO CONSTITUTE
A NUISANCE IN VIOLATION OF CHAPTER 15 OF THE
CITY CODE OF ORDINANCES.
(Detailed Copy of Res. 19.19. is attached hereto and forms a ~rt hereof)
(SeePaEes 286-E thru 286-K for copy o£ RESOLUTION NO. 1212.)
On motion of Commissioner McNeece and seconded by Commissioner
Harbison, the Council unanimously approved the PASSAGE and ADOPTION of
Resolution No. 19.19. o~ this first and final reading.
The City Manager then read the' following 'Report", dated December
8th, 1959, from Mr. Paul S. Knowles, relative future improvement of
West Atlantic Avenue:
"At your regular meeting on Nov. 9.$, 1959, I submitted to you a
verbal report on our progress of the West Atlantic Avenue improvement
project fr?m 8winton Ave. westward to the 8'A.L. RR.
At thxs same time I showed you the completed survey of Atlantic
Ave ordered by you and completed by Elliott Gross
Following this report you asked N~. Lawson and myself to return
to the County Engineers office and the State Road Dept. T~e follow-
lng report will pick up from there."
'On Wednesday, Nov. 9.$, 1955, Mr. Lawson and I saw Mr. Middleton
at the County Engineer's office at which time we went over the new
survey in detail qiving him a copy for his files for which he was duly
~rateful.
We posed the question pat to us by Commission Warren on the 2$rd
regarding the possibility of Delray Beach financing all or part ef
this project and the possibility of either County or State rebating
to the City at a later date. 'This'was answered in the negative.
Mr. Middleton, at our request, proceeded to work out a new selu-
tion to the cross over of the S.A.L.RR. traoMs and the Hwy. ~g R~ so
as to follow the requirements of' both Comity and State as to~ curves,
etc. Using o~r aerial survey map scale 1~0 feet to the inch, he test-
ed out all the possibilities and finally laid in an approach t~at would
meet with his approval. He recommended that we proceed to see Mr.
Carlton of the S.R.D. to see if he would accept this tentative layout.
Mr. Carlton was out of town the rewainder of this week, so we ar-
ranged a meeting with him On Tuesday Dec. 1st, 1959.
Mr. Carlton seemed highly gratified with our progress. He ap-
proved in full the access drawn' by-Mr. Middletoa and said we could
proceed with proper sttrvey if we so desired.
We learned further that the State will have no Jurisdiction over
this road in any way. At this time it a~rs that it is in the hands
of the County ~nder the secondary roads progxam.
From our conversations with the Cmanty and the State we can offer
some important conclusions which we can infer as being svbstantially
correct.
1. That both County and ~tate are deeply 9Tatified by our advance
planning.
2. That ~both are ~ore than happ~ about the relatively clear condi-
tion of the entire right-of-way.
3. That our initiative to carry out s~rveys on oar own and our
forts to 9ire the~ full Working ~aterial has stepped up their
interest and SUl~r~!~of this project.
4. That a completion of the engineering data~ land estimates, etc.,
can possibly speed up the work to a large degree.
DEOEMBER ?~h, 19~9 281
$. I approached Mr. Cares of Elliott Gross & Assoc., about the sur-
vey ~o cover the new approach. This he estimated at $1,000. and com-
pletion in four.weeks.. Actually this estimate should run as low as
$600. and the highest $1000.
A very important fact is that we should proceed with this survey
and follow it up with p~oper recording etc., the city can at no cost
maintain the 106 foot r~ght-of-way in these new lands for about three
years. Proper temporary ordinances can keep any encroachment from
occurring in those lands for about that time. This ~s per Mm.
Middleton.
V~e recommend that this survey be authorized. Before its comple-
tion we can approximate land values n~a~ly enough perhaps to be able
then to return to the county with a f~nlshed package for their con-
sideration.
this time the County should know certain facts about funds
from e secondary road fund etc.
· We plan to place this final package in your hands for approval
f~rst. Following this, at your direction, we, or whomsoever you may
designate, will return to the County Engxneer, SRD., and the County
Commission with the hope of getting this project on a definite
schedule.
May I add that on Friday, Nov. 27th, I was asked to attend a meet.
lng with highways committee_ of the. Chamber of Commerce. The Presi-
dent and appar?tly the full committee appeared present as was also
County CommAssloner Sundy.
I found myself the main speaker, so I gave them a substantial
review of our progress to date. I was' pleased at this time to be
able to acquaint Commissioner Sundywith our plans as well as the ac-
tual situation at this time.
The main up~hot o~ this meeting appears to be that the Chamber
of Commerce is highly interested ~n th~s whole project and ready to
put their effort back of it in many ways. . .
I recommended, however, that they proceed ~n no w~se until all
surveys and engineering data were completed and the general project
endorsed by you. This, Mr. Priesmeyer agreed was a good course to
follow."
/S/ PAUL S. KNOWLES Chairman
/S/ W. E. LAWSON JR City M'g'r.
Mayor Talbot expressed most sincere appreciation for the time
spent, efforts reflecte~ in results a~tained and for the excellent
"Report" thereof~ relative to the v~r~ous meetings and survey work
conducted by ChaxrmanKnowles and CxtyManager Lawson.
The Council, on motion of Commissioner Warren and seconded by
Commissioner Croft, unanimously agreed that the Survey Project, for
future improvement of Atlantic Avenue, from Swinton Avenue westward
t? the Turnpike, be continue~, as recommended by the City Manager,
w~t~ the ever present recognxtion of County and SRD requirements and
desires concerning Improvement of State and County Roads.
· City Manager Law, on then submitted the following "Reports" re-
ceived from the Planning Board:
1. "At its regular meeting on Nov 27th the Plannin$ and Zoning
Board had two requests for building and conducting nursery
schools. Hearings were called and heard in both cases.
You will recall that a similar case appeared at our special meet-
ing on Nov. BOth, 155~.
Immediately following the case on Nov. 20th, and in view of the
two cases to be heard on Nov. BOth, I enlisted the assistance of Mr.
Alexander, Principal of Delray Junior High School to help us define,
understand, and prepare for cases of this kind in the future.
282 DECEMBER 7th, 1959
N~. Alexander~gave us a thorough analysis of such nursery schools
and outlined in detail the many things which should be checked and ap-
proved before such schools should be approved.
A few of these suggestions fall clea~ly into the realm of the
Planning and Zoning Board for recommendatxons, such as parking, load-
ing zones, fencing, etc.
The.Board, therefore, tabled these ~wo requests to'.ou~ next regu-
lar meeting, advanced becauseof the holiday season to Dsc. 18th, in
order to submit to you our recommendations along these l~nes.
It would appear feasible to have other city departments ~o over
the text of}dr. Alexander's report to us with t4e idea of possibly
creating an ordinance t? cover the whole ~atter of requirements for
this important and growing apparent need ~n our communitY."
/S/ PAUL S. KNO/dLES Ch,man.
1~. Alexander's 'Analysis' follows:
NURSERY SCHOOLS:
Definition:A nursery school (also known as nurseries, day schools
for small children, etc., is a public or private educa-
tional institution for small children ~f ages two, three, four and
five.)
1. Location: (a) No nursgry school shall be located in an area zoned
residential (classify) without the written consent of all resi-
dents living within a radius of 800 feet.
(b) Provision shall be made for off-street loading and
unloading children in a safe manner.
(c) Sufficient parking space shall be provided to a-
void undue traffic congestion or traffic hazards.
2. BUILDING & GROUNDS:
(a) The building (s) shall be clean, well ventilated and
well lizhted.
(b~ Modern and sanitary toilets and washbasins shall be pro-
vided in sufficient quantity.
(c) No less than 88 sq.ft, of free space indoors, exclusive
of toilets, kitchens, etc., shall be provided for each child en-
rolled~
(d) A place must be provided for isolation in case of sud-
den illness.
(e) Outdoor play areas shall be fenced, free from hazards,
and properly maintained.
$. EQUIPMENT: -
(~) All play squipment or apparatus must be ~f an approved
type. (No wood equipment, such as a sand box, should rest flat
on the~g~ound t? harbor scorpigns, etc~)
(b) Drinking fountain (s) of a sanitary type must be
side, and~additional one should be outside.
A. PERSONNEL:
(a) Supervisor, or person, in cha~ge, ~ust shew evidence
of education, training, or experience in working with this age
group.
(b) There must be one adult responsible for and working
with every gr?up of ten children{ or.major.fr~ction thereof.
(e) Ewdenc$ of trainzng ~n F~rst A~d zs required for at
least one of the supervisors or teachers.
DECEMBER 7th, 1959 283
5. MISCELLANEOUS:
l~t Doctor's servicesmust be available at all times.
Proper provision for well-balanced meals must be made,
if meals are to be served.
(c) Immunizations and health records comparable to public
schooljpFograms should be followed.
id) Apprqv?d fire protec~ipn must be available.
(e) Liability insurance (?).
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously agreed that the City Manager be re-
quested to provide for preparation of an Ordinance, incorporating the
recommendations as contained in the analysis of Mm. Alexander, as to
controls for educational and health standards, for consideration by
the Council, as soon as possible.
PLANNING BOARD REPORT NO. 2:
"At its regular meeting on Nov. 2?th, the Planning and Zoning
Board considered a request to rezon? a portion of Sec. 4-46-45.
Twenty-seven people were notified to appear, None did. One let-
ter of objection was received.
The Board voted unanimously that.this request be a~proved. Under
the terms of annexation of this land ~t was annexed in ~ts present
form. This, under the Charter, automatically changes to RI-AA. The
Board agrees that it should revert to the status under which it was
annexed."
/S/ PAUL S. KNO¥~LES Ch'man.
The Council, on motion of Commissioner Harbison and seconded by
Commissioner Croft, unanimously approved the RE-ZONING of -
The South 171.8 ft of the West half of the
South Quarter of the Northeast Quarter of
the Southwest Quarter of the Southwest
Quarter of Sec. 4-46-43, Delray Beach, ~la.
from R~-AA.(S~ngle Family Dwelling District! to C-~ (Limited Commer-
cial Dl~t~ct), as recommended bp the Plannxng/Zon~ng Board, and that
the Official Zoning Nap for the City of Delray Beach so reflect.
BOARD REPORT NO. 3:
"At its regular meeting on Nov. 27th, the Planning and ZoninE
Board considered the request of~. George W. Archer to rezone Lo~
lA, BlOck 79, Delray Beach from R-3 to C 2.
Twenty-four people were notified. Three objectors appeared. One
letter of ?bjection was received.
Mrs. Lapham appeared in favor in an attempt to tie Lots 14, 15
and 16 int° a parcel.
The Board unanimously voted that the petition be denied. A
change in the zoning in this property would mean an ultimate exten-
sion of this C-2 zone all the way north to Atlantic Ave. The Board
does not approve of aqy such extension of C-2 in this area now or in
the immediate future.
/S/ PAUL S. KNO¥~ES Ch'man.
On-motion of Commissioner Warren an~ seconded by Commissioner
NcNeece, the Council unanimously approved denial of the request re-
ceived from Mr. George ~. Archer for re-$onin$ of Lo~ lA. in Block 79,
in sustaining the recommendation of the Planning/Zoning Board.
BOARD REPORT NO. 4:
"At its regular meetin~ on Nov. 2?th.'the P~annin~ an~ Zoning-
Board considered a request from Mr. Nell E. MacMillan ~e~ardin~ the
284 OECEMSER 7~h, 1959 _
abandonment of the south 68.6 ft of Palm Ave in favor of the Presby-
terian Church.
At the present time this easement separates a portion of the~
church property ~acin~ Gleason Street'an~ the main church oronertv
between'PalmTrall and Bronson Street. - -
The Boar~ unanimously vote8 that the request to abandgn this
section of Palm Avenue be granted. The Board felt that this would
.u~.ify the church property an8 yet impose no hardship on other abut~
!lnE Oroperties a~l of.which-have ~i~ect access to regular' streets'
~urther ~n alley ~n thzs 66.6 ft would serve no usefui purpose.
/S/ PAUL S KNOV~LES Ch'
The Council, on motion of Commissioner Harbison and seconded by
CommissionerMcNeece, unanimously agreed that this reqUest be tab,ed
until the next regular meeting of the Council and requested the City
Attorney to review the request, advising the Council of the proper
manner of procedure to effect abandonment of this parcel of right-of-
way if same is determined to be of no value to other than the appli-
cant.
BOARD REPORT NO. 5:
"At its regular meeting on Nov. 2?th, the Planning and Zoning
Board considere~ the request of Fra? S. Naddaford Jr. to rezone Lot
12 in Plumosa Park Sec. "A", from R 2 to C-1.
Twenty-five property owners were notified to appear at the hear-
ing on this date. Six persons appeared. All were opposed to the
change. In addition two letters were received as objectors.
the face of it this is spot zoning. The Board moved and
voted unanimously that this request be denied."
/S/ PAUL S. KNOV~ES Ch'man.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Harbison, unanimously approved denial of the request re-
ceived from Nr. Frank S. Naddaford, Jr. for re-zoning of Lot 12, in
Sec. "A" of Plumosa Park, as recommended by the Planning/Zoning Board°
BO~D REPORT NO. 6:
At its regular meeting on Nov. 27th, the Planning and Zoning
Board considered a deviation request submitted by Nr. Ray Bonnell
for Nr. WilliamGantners for a side set back deviation on Lot 45 in
Block §, of Seagate Extension, in an R1-AA zone. The details of this
request are shown in an attached map and correspondence.
After due consideration of the surrounding area the Bear~ felt
that no immediate property owners would be unduly affected except one,
whom Nr. Bonnell assured us had no objection.
The Board voted unanimously that the request be approved pro-
vided this owne~ in question'~resented the C~ty Clerk a letter ~nd~
eating his lack of objection.
/S/ PAUL S. KN0~ES Ch'man.
City Nanager Lawson read the following letter from Mr. and Nfs.
Harry M. Bitner, the affected property owner referred to in the
foregoing 'Report':
"With reference to your request for our consent as to a side
setback deviation on Lot 43, which adjoins our Lots 44 and ~5 on the
east, we have no objection to the deviation permitting the pool
screen enclosure to be erected 8 feet from .the east line of Lot ~4."
/S/ HARRY M. BITNER
/S/ MRS. EVELYN BITNER
The Council, on motion of Commissioner Harbison and seconded by
Commissioner McNeece, unanimously approved granting the deviation re-
ferred to in Planning & Zoning Board Report No. 6.
285
DECEMBER 7th, 1959
On motion of Commissioner McNeece and seconded by Commissioner
Warren, the Council approved for payment, subject to the approval of
the Finance Committee, the following Bills submitted by the City Man-
ager:
General Fund $ 23,876.37
Water Fund (Operating) 22~616;12
Payroll Accounts 20,178.57
The Council, on motion of C°mm~ssioner McNeece and seconded by
Commissioner Croft, unanimously approved authorization for execution
of a Re-newal Lease, in favor of RAY and HELEN L. DeMARIS, for one
ear ending December Slat, 1960, for use of the South half of Building
ocated on the North 40 ft of the South 44 ft of Lot 10, in Block 101,
which is presently used as the Planning and Zoning Board office and
hearing room,
On motion-of. Commissioner Harbison and seconded by Commissioner
Warren, the Council agreed that the offer of sale by Mm. E. A. Brahms,
for the South half of the South half of Block 11 less the west 50 ft
of the south 15§ ft thereof be tabled for the consideration of the NEW
CoUncil, followin~g the Annual Meeting on/anuary 4th, 1960. See amendment
to this paragraph at bottom of next page
The Building Inspector referred to a request for Moving a Frame
House into the City, to be located on Lot 14, Block "A" of Westside
Heights. The Inspector further stated that the house is in pretty
good condition and would be required to meet certain requirements.
Commissioner Harbison moved that this request be granted in view
of the fact that a policy for such action has heretofore been created,
and further subject to the provisions of such policy and the approval
of the Building Inspect.or to assure said building meeting all the re-
quirements of the Building Code.
City Mmn_ager Lawson referred to a communication from the Opa- (
Locka Civic Improvement League wherein support and endorsement was
requested for a proposed BILL to amend the Internal Revenue Code of (
1954 to allow a taxpayer to deduct, for income tax purposes, certain
special assessments made against a taxpayer or his property under lo-
cal law.
The Coun.cil requested that a copy of such proposed Bill be sent
to each Councml Member for study prior to the next scheduled regular
meeting.
The City Manager then read the following letter from Mr. L. C.
Bates, Supt., of the Seaboard Air Line Railroad Company;
Dec 4th 1959.
"Your letter of November 9th, with regard to proposed agreement
covering the openingBof Southwest 10th Street across our right-of-way
and track at Delray each.
Agreement has been revised to delete therefrom the last sentence
in Paragraph 7 as requested by the City and both copies of revised
agreement are herewith enclosed in order that you might handle for
execution on behalf of the City of Delray Beach, which, when accom-
plished, would thank you to return both executed copies with certified
copy of authorizing resolution in order that we might be in position
to handle for execution on behalf of the Railroad."
/S/ L. C. BATES Supt.
The Council, on. motion of Commissioner Warren and seconded by
Commissioner McNeece, unanimously approved authorization for execu-
11
tion of Agreement referred to in letter from Mr. L. C. Bates and
identified as E-1023-#51, concerning the proposed crossing of S.A.L.
RR. R/W on a west.erly extension of S.W. 10th Street, SUBJECT TO the
approval of the C~ty Attorney.
286 DECEMBER 7th, 1959
On motion of Commissioner Croft and seconded by Commissioner
McNeece, the Council requested the City Nanager to arrange for a
meeting, at the earliest possible date, for consideration of action
desired to be taken relative to the verdict of Judge Knott concerning
the 100 ft Ocean Beach Strip in Palm Beach Shore Acres owned by the
City of Delray~Beach, said meeting ~o be attended by the Council,
the newly $1ected Councilmen, the City Attorney, the Press and the
Beach Comm~ttee, together w~th Assoc. Att'y. Robert C. Burns.
· Mr. Paul S. K~.owles, Chairman of the Planning an~ Zoning. Board,
informed the Council that Mr. George Simons would be ~n the C~ty on
Tuesday for consultation with the Board.
The Council, at the request of ~ommissioner~Varren, requested
the 9ityManager to provide for operation of the 2-wayRadio trans-
mission in the Watchman's Car being used in connection with patrol
of the Ocean Beach property in Palm Beach Shore Acres.
MEETING adjourned on motion of Commissioner Warren and seconded by
Commissioner McNeece.
H ELHA A U H
D £ L R. A. V B E ^ 'CH, F L O K I D A December 9th, 1959
AMENDMENT to Minutes of Dec. 7th, 1959.
RE: Third Par. on Page 9 of said Minutes
SHOULD BE AMENDED TO READ:
On motion of Commissioner Ha~bison and seconded
by Commissioner Warren, the Council agreed that the offer
of sale by Mr. E. A. Brahms, for the South half of the
South half of Block 11 less the W 50 feet of the South
135 feet thereof be referred to the City Manager and
Recreational Director for study and recommendation.
City Clerk