05-12-58 MAY 12TH, 1958.
A Regular Meeting of the City Council was held in the Co~u~.cil Cham-
bers at 7:S0 P.M., withMayor J. LeRoy Croft in the Chair, City Mana-
ger W. E. Lawson Jr., City Attorney Harry T, Newett and Commissioners
Col. Dugal G. Campbell, Fred B. McNeece, George Talbot Jr., and George
V. ~Jarren being present.
An opening pr~yer was delivered by City Manager ~. E. Lawson.
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, the Council. unanimously approved the Minutes for April 28th
and May 8th Meetings, as submitted.
City_Manager Lawson reviewed the recommendation from the Planning
Board, dsted April 12th, 1958, wherein the Board recommended that per-
mission be granted Ers. Gertrude Finley, owner of the Southampton A-
partments, to construct an ocean front Bulkhead, according to plans
submitted by Norman C. Schmid & Associates, together with a copy of
letter from Pa~l?Beach County Engineer Stephen R. Middleton to Schmid
& Associates which read as follows;
NORMAN C. SCHNID & ASSOCIATES March 29, 1958.
RE: County Permit to Construct a
Steel Sheet Pile Bulkhead for~
Nfs. Gertrude W. Finley - D.B.
"This letter constitutes a permit on the part of Palm Beach County,
for the construction of bulkhead improvements for Ers. Gertrude W.
Finley at ~he.'Southampton' Delray Beach, Florida, as shown on the
plans consisting of two sheets dated February and March 1958, respec-
tively, as furnished with your letter of application of March 17, 1958.
/S/ STEPHEN R. MIDDLETON
County Engineer
Commissioner Campbell moved that this matter be tabled for two (2)
weeks and be referred to the City Engineer for study and recommenda-
tion concerning need for 20 foot setback from present unofficial bulk-
head line. Motion seconded by Commissioner~arren and unanimously
passed.
On motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously approved re?appointment of Mr. King
Cone to the Civil Service Board for a four (4) year term effective on
April 1st, 1958.
Commissioner V~larren moved that letter of appreciation for services
rendered in the interests of the City of Delray Beach, Florida, be ex-
tended to Mr. Robert B. Klemannwho, on April 29th, 1958, submitted
his resignation to the Palm Beach County Resources Development Board
as a Member from the Delray Beach area. Notion was seconded by Com-
missioner Talbot and unanimously agreed.
0n motion of Commissioner Campbell and seconded by Commissioner
Talbot, the Council unanimously approved the appointment of Mr. H. Ben.
Adams as a Member of the Palm Beach County Resources Development Board,
from Delray Beach, effective on date of acceptance by said Development
Board, and due to the resignation therefrom of Er. Robert B. Klemann.
Mr. Charles Senior, district manager of Florida Power & Light Co.,
informed the Council of the proposed expansion plans concerning the
Florida Bower & Light Co's.plant property in the south sector of the
City and requests the closxng of S.E. 1st Avenue between 9th and 10th
Streets with relocation within Block 15 of Osceola Park.
CityManager Lawson informed the Council that, on April 8th, 1957,
the Planning Board submitted the following report
.
"A public hearing was held on this request for re-
zoning, and, although there were no objections
voiced thereat, the Board is of the opinion, since
the proposed use of subject land is for expanding
the facilities of a public utility, it is not neces-
sary to rezone the property but instead a permissive
use should be granted."
The Council unanimously approved that permissive use be granted to
Florida Power & Light Co., when expansion program facilities was sub-
mitted.
Section ? of the City Charter states that'"the city has the power
to open, vacate and discontinue streets, etc.,"
On motion of Commissioner Campbell and seconded by Commissioner
V~arren, the Council unanimously agreed that the City Attorney be in-
structed to prepare an Ordinance, subject to there being no legal ob-
stacles nor requirements, providing for the vacating of the present,
and the re-locating of S. E. 1st Avenue between 9th and 10th Streets,
re-location to be within said Block 18 of Osceola Park.
~e City Manager submitted the request of M~r. Gustav A. Maass,
architect of Palm Beach, Florida, representing the Palm Beach County
School Board, whereinMr. Maass requested permission to appear before
the Council to discuss extension of water facilities into the NEV~
School property in the Southwest sector of the City, between S.W. 12th
and 14th Avenues, however Mr. Maass was unable to attend this meeting,
and the CityManager reviewed the current policy of the City relative
to extension of water lines and service, namely the city supplying a
fifty foot extension from any existing main and the potential devel?er
and/or consumer bearing the cost from there on, amounting to appron- -
mateLy one dollar per foot, which distance, to meet this specific need~
would undoubtedly be between 125 and 1BO feet.
Commissioner Campbell moved that, due to this being a Public School
improvement, the City provide extension of the Main Line f~om its pre-..
sent terminus to the parcel of land upon which the School is located,
the County School Board to then provide for the desired extensions
therefrom. Motion seconded by CommissionerV~arren and unanimously
approved.
City Manager Lawson then read Ordinance No. G-290:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEIP~Y
BEACH, FLORIDA, REZONING AND PLACING A PART OF LOT i,
BLOCK l, MODEL LAND C~J~ANY'S SUBD. OF SECTION 21-46-45,
~ST OF F.E.C.RY., IN "C-2" DISTRICT, AND AMENDING "ZONING
NAP OF DELSEY BEACH, FLORIDA, 1950."
BE IT ORDEINED BY THE CITY COUNCIL OF THE CITY OF DE~AY BEACH,
FL~ IDA:
SECTION 1. ~hat the following described property in the City of
DelraY Beach, Florida, is hereby re-zoned "
and changed from R1A Single
Family Ihvellin~ District" to "C-2 General Commercial 'District", as de-
fined by Chapter 29 of the Code of Ordinances of the City of Delray
Beach, Florida, to-wit:
That part of EODEL LAND COMPANY'S Lot l, Block l,
o£ the S/D of Sec. 21-AS-AS, lying ~est of the
right-of-way of the F.E.C. Railway and lying East
of a line parallel to and 164 feet East of the
center line of Swinton Avenue.
SECTION 2. That the Building Inspector of said city shall upon
the effective 8ate of this Ordinance change the "Zoning Map of Delray
Beach, Florida, 1956", to conform with the provisions of Section 1
hereof.
2
NAY 12th, 19~8. 8?
PASSED in regular session on the second and final reading on this
twelfth day ofMay, A. Do 1958.
ATTEST: /S/ J~ LeROY CROFT
R. D. Worthing .. --~ - ~ayor
Ci~y C].erk-
Commissioner NcNeece'moved that Ordinance No. G-290 be passed and
adopted on this second and final reading, Notion seconded by Commis-
sioner Talbot and upon Call of Roll - Commissioners NcNeece, Talbot
and Campbell, together with Mayor Croft, voted in favor thereof, Com,~
missioner Warren being opposed.
The City Manager then read the following "Report" from the Plan-
ning Board:
April 28, 1958~
THE CITY C0~BffSSION RE: Totterdale Development, Inco,
Abandonment of road in Indus-
trial Area outside City of
Delray Beach.
Referring to the enclosed letter from Totterdale Development, Inc.
to the City Council.
The Planning Board as stated in this letter has found that there
are no plans for the extension of N.W. 2nd Str. westward across the
Seaboard RRnor do they consider economically feasible or justifiable
in as much as the Totterdale Industrial Area west of the railroad and
outside the city can better be served from West Atlantic Avenue.
Mr. Ben F. Sundy, as County Commissioner, has asked that his com-
mission be advised the views of the City of Delray Beach as to whethe?
they have any plans of using this easement in the future for an east-'
west access point into the City of Delray Beach along N.W. 2nd Street,
If the city commission accepts our recommendation, it is suggested
that the county commission be so advised.
PLANNING & ZONING BOARD
/S/Andrew L. Fabens, Ch'm.
Commissioner Talbot moved that, in view of West Atlantic Avenue
possibly becoming a future main thorofare which might warrant west-
ward extension of N.W. 2nd Street, final action on the 'Request' of
Totterdale Development, Inc., be deferred until such time as the City
and the County have determined the need, if any, for such westward
extension of N. W. 2nd Street. Notion was seconded by Commissioner
Campbell and unanimously approved.
City Manager Lawson then read the Planning Board's Report of May
10th:
RE: Proposed Development in Part of
the N~ of Muck Lot 148.
"Mr. Harold Fechtmeyer, of Fechtmeyer Realty and Coast Line Con-
struction Co. Inc., submitted a sketch of a proposed development in
the north half of Muck Lot 148~
This proposed development, to be known as Colony Club, is bounded
on the north by Lowry Street, on the east by East Drive, on the South
by a line approximately 411 ft parallel to and south of Lowry Street,
and onthe west by a line 192 ft parallel to and west of East Drive,
and comprises twelve (12) proposed lots $0 x 75 feet,
The Planning Board, five members being present, unanimously recom-
mends that the. request be D~IED under the R-S zoning requirements of
a minimum of 6,000 square feet for single lots and/or single owner-
ship of all cottage court units.
PLANNING & ZONING BOERD
/S/ James I, Sinks, Vice-Ch'mn.
MAY 12th, 1958,
On motion of Commissioner Campbell and seconded by Commissioner
EcNeece, the Council unanimously agreed, in acceptance of the Planning
Board's recommendation, that the request of Mr. Harold Fechtmeyer be
denied.
The City Manager then read the Planning Board's Report of May lC:
RE: Request of Frederick E. S,., and
THE CITY COMMISSIONERS: Esther P. Morrison for Side-Yard
Setback Deviation on Lot
Block 8, Seagate Extension.
The Planni.ng Board reviewed the request of. Fre. derick E. S., and
Esther P. Morr~son for a s~de yard setback deviation from the required
12 feet to 10 f.eet on each side of Lot 15, B.lock 8, .Seagate Sxtension:
to peEnit erection of a suitable house on thzs pecul.~ar (pie) shaped
lot.
The Board, five members being present, unanimously recommends
granting a two (2) foot side yard setback deviation on each side of
said Lot iS, Block $ in Seagate Extension, due to the abnormal shape
of said lot.
PLANNING & ZONING BOARD
/S/ James I~ Sinks, Vice-Ch'mn.
Commissioner Campbell informed M~. Morrison Jr., who was preseat,
that Council Members had visited and studied the general lay-out of
this property, and moved that the request be tabled until the next
regular meeting at which time M~. Morrison agreed to submit a set of
plans indicating the proposed home to be constructed thereon. Motion
was seconded by Commissioner Talbot and unanimously passed.
I City N~.nager Lawson then read the Planning Board's Report of May
Otb, 1988:
RE: Petition of William M., and
THE CITY COMMISSION: Alma M. Miller requesting aban-
donment of a portion of S~
9th Court.
(Excerpt)
"The Planning Board for the City of Delray Beach, Florida, has
viewed the Petition of ~m. M., & Alma M. Miller for vacating that par-
cel of land described as follows:
'That portion of Southeast Ninth Court lying East of the
East right-of-way line of S.E. 7th Avenue, as shown on
the Becorded plat of RIO DEL REY SHORES. Said portion
being 40 £t in width, and running contiguous to and bor-
dering Lot i of Block 5, and Lot 26 in Block 4, to the
intracoastal wate~way~ a distance of 80 feet,'
The Planning Board, five .members being present~ unanimously recom~-
v,~nd abandonment of that port, on of.S.E. 9th Court, described here. in-
~bove~ pursuant to Para (~) of Section 7 in the C~ty Ch~ter~ ,~u'~.~e~.t
?.o the approval of the City EnEinee.r concerning any possible need for
~.~'ainage or easement over s~id po~tzon of S. E, 9th Cou~-t~"
PLANNING & ZONING BOARD
/S/ James I. Sinks, Vice-Ch'mn~
On motion of Commissioner Warren and seconded by Commissioner
Talbot, the Council unanimously accepted the recommendation of the
Planning Board and approved Abandonment of said portion of S. E. 9th
Court, described hereinabove, subject to the approval of the City
Engineer concerning any possible need for drainage and/or easement over
said portion of S. E. 9t~ Court.
On motion of Commissioner McNeece and seconded by Co~nissioner
Talbot, the Council unanimously approved payment of Bills in the a-
amount of $29,474.64, as submitted by the City Manager, subject to the
approval of the Finance Committee.
City Manager Lawson presented a Bill from the City Attorney for
services rendered RE: "Prosecution of charges against Charles N. Cole
in Municipal'Court, April 18th, 1958. (Defendant acquitted)" in the a-
mount of $25.00.
Commissioner McNeece moved that said bill of the City Attorney, in
the amount of $25.00, be paid. Motion seconded by Commissioner V~arren
and upon Call of Roll - Commissioners McNeece, ~Iarren and Talbot, to-
gether with May. Croft, voted in favor thereof, Commissioner Campbell
abstaining.
On motion of Commissioner Campbell and seconded by Commissioner'
~arren, the Council unanimously agreed that the request of 'Eddie C.
Williams' for a Beer & ~ine License at 17 N. W. 5th Avenue, be denied,
due to existence of another such License within the Block and on'the
same side of the street, and with respect to Ordinance No. G-185.
The City Nanager then read Ordinance No. G-291:
AN ORDINANCE OF THE CITY OF DEIi~AY BEACH,
FLCRIDA, PROHIBITING THE PARKING OF TRUCKS
OVERNIGHT IN RESIDENTIAL AREAS, AND PRO-
VIDING PENALTIES.
?~EREAS, it has been found and determined by the City Council of
the City of Delray Beach, Florida, to be detrimental to the safety,
health and welfare of the citizens of this community to permit the
parking of.trucks upon the public streets and upon private property
in the residential areas of the City of Delray Beach, unless such
trucks are parked in a garage, port-cochere, carport or other covered
structure, and that parking of such trucks overnight in all residen-
tial areas greatly reduces the value of surrounding properties and
gensrally injures and jeoparSizes the health and general welfare of thc
City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DEL~AY BEACH, FLORIDA:
SECTION 1. It shall be unlawful to park any truck, trailer, or semi-
trailer upon any street in a residential area within the
City of Delray Beach~ between the hours of ll:O0 o'clock PM
and 6:00 o'clock A.M.
SECTION 2. It shall be unlawful to park any truck, trailer, or semi-
trailer upon private property in a residential area within
the City of Delray Beach between the hours of ll:O0 o'
clock P.M. and 8:00 o'clock A.M., unless such truck is
parked within a covered garage, port-cochere, carport or
other covered building.
SECTION S. (a) This ordinance shall not apply to commercial vehicles
o~ ~egular delivery or service calls.
(b) Any area zoned for single, two-family or multiple
family dwellings or apartments shall be considered resi-
dential.
SECTION 4. Any person, firm or corporation violating any of the pro-
visions of this ordinance shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be fined in an
amount not exceeding $~ _ , or be imprisoned for a
period not exceeding ~ays.
SECTION 5. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held invalid or unconstitu-
tional by any court of competent jurisdiction, such pot-
5
M~¥ lath, i958.
tion shall be deemed a separate, distinct an4 independent provision
such holding shall not affect the validity of the remaining portions
hereof.
SECTION 6. All ordinances and parts of ordinances in conflict here-
with be and the same are hereby repealed.
PASSED in regular session on the second and final reading on this
~ day of , 1958.
Commissioner Warren commented sn the fact that only objectors had
been hear4 and believed it wise to solicit the feelings of persons
other than objectors.
· Various property owners in resi~.ential area? commented on the un-
sightly appearance of trucks parked in residential areas, and Nm. Alex
T. Cecil of NW 18th Street felt like the hours should be changed to
reflect non-parking from 6:00 P.M., to 6:00 A.M., and all day Sunday.
Repr~esentatives from both the Florida Power & Light Company, and
the Southern Bell Telephone Company, stated that they did not believe.
elimination of truck parking, in residential areas, would, in any way,
affect them.
Commissioner Campbell moved that, in order to place this Ordinance
before the Council, subject to ~ending the "Hours
2 - to read 8:00 P.M., to 6:00 A.M., e.nd.p~oviding for the Addition of
"and from 6:00 o'clock P~M. Saturday untsl 6:00 o'clock A.M., Monday"
to both Seotions i and 2. Motion seconded by Commissioner Talbot and
on Call of Roll - Commissioners Campbell and Talbot voted in favor
ereof, Commissioner I%rarren abs%aining,-and Mayor Croft, together with
Commissioner McNeece, oppose~ the motion, which failed to carry.
Commissioner McNeece cited the fact that many parties had no means
of ~ '
~_ansportat~on other than the panel or pick-up trucks which they
must use, and the Chief of Police i~quired as to result of such an
ordinance as would affect Colo~ Town where there are so many trucks
and so few places to park them off the right-of-way or front yard.
The Commissioner. however, d~d feel tha~ s. uch an Ordznance, if per
raining ONLY to l~.to~ and ove~ trucks, ~ght be enforceable and wise
to con~ider. Commissioner Campbell state~ that, in riding about the
city on Sunday - Mothers' Day - that the parking of numerous trucks
of all sizes ~nd shapes in the residential areas presented the worst
condition in that regard that he had ever observed.
Commissioner Campbell then moved that the Council go on record to
the people of De]may Beach that the matter of Parking Trucks in Resi-
dential areas within the city will be discussed as an open matter and
requested newspaper solicitation of all interested parties from both
field~ to be present for such discussion. Notion seconded by Commis-
sioner V~arren and upon Call of Roll - Commissioners Campbell, Warren
and Talbot, together with Mayo~ Croft, voted in favor thereof, Commiso~
sioner McNeeoe being opposed.
City Manager Lawson then read the following:
PLb~OSA PARK ASSOCIATION N~y 12
HONORABLE M~YOR and City Council:
"The memb.e~s of the Plumosa Park Association respe.ctfully request
that you ~esc~nd your approval of the Reques.t for Permissive Use for
F~.~ivate School of Lot 12, Plumosa Park, Eectlon "A", Delray Beach.
The members feel that your decision of April 28, 1988, was in-
fluenced by the emotional and chaotic atmosphere of that Council meet-
lng and that the ~asic ob~ect~ons were over looked.
1. The majority ~f the propertyowne~s.no.tified by mail, as per
City Ordinance, object t~ thi~ penu~ss~ve use.
2. The majority of the ether property owners in Plumosa Park ob-
ject to this permissive use.. .
8. 'lhe Planning Board after an ~mpart~el hearing recommended
denying this pemmissive use.
MAT l~th' 19~8. Respectfully,
Working (;ommittee, /S/ Donald T. Carpenter
Plumosa Park Assoc. John R. Coleman
Joseph R. Sommers
C. R. RcConnell
~{ayor Croft co~ented on the fact that the Council considered the
many ob!ectors an8 opposition to the original request, but felt that
permissive use should be granted churches, schools and educational
institutions in residential areas, authority for which is granted the
Council in the Code of Ordinance for the City of Delray Beach.
Commissioner Campbell reminded the Council that on April 28th, '88.,
the last regular meeting, the Council unanimously approved granting of
a request for permissive use for construction and operation of a
school on Lot 12 in Plumosa Park, and recommended that the Council pro-
ceed with the remaining portion of the present agenda.
No action was taken on the above quoted letter from the Working
Committee of Plumosa Park Association.
Mr. Tom Boyce, Recreational Director for the City of Delray Beach,
Reminded all of an entertainment at the Youth Center, next Monday
evening, at ?:$0 P.M., and hoped that the majority might find it pos-
sible to attend, extending~a personal invitation to all.
Commissioner Warren reminded the Council that there is a Meeting
of Recreational Directors scheduled for Clearwa~.er and to be held on
l~ay l~, 18 and 18th, and moved that the City Y~nager investigate the
status of this meeting and determine if it might be beneficial for
Boyce to attend, and if, in his discretion, it might be advisable for
such attendance, to so provide. ~otion seconded by Commissioner
Campbell and unanimously approved.
City Manager Lawson informed the Council of having received the
following request:
BUCKLEY & BLAND
Lawyers Building
Ft. Lauderdale, Florida. Nay 9th, '~8~
"Supplementing my letter of April 16, 19~8 on behalf of Manor
House, I would appreciate consideration by the City Commissioners
of our request for tax relief or a moratorium.
Our case is similar to a land developer of subdivisional property.
The full tax burden is not normally assessed until the development is
sold.
Seven apartments ha ye been sold out of a total of twenty-five.
Consideration of tax relief is based on the number of apartments not
sold, as we feel our position is similar to a subdivider.
We do not think our ~equest. would cause any burden to the City
of Delray Beach. We do, however, feel that Manor House has greatly
contributed, to the improvement of Delray Beach.
Our efforts for sale and occupancy are, and will be, held to the
highest standard. Occupants of unsold apartments will be the best.
This letter is delivered on behalf of our client, the developer
of the above namely, Marion Developers Corn any.
' P /S/ Francis K. Buckley
Mr. George Weiss, of the Marion Developers Company association,
in addressi~ng the Cguncil~, felt that it was reasonable to expect simi
treatment (tax wise) to that extended land developers and new annexa-
tions, and was advised by Commissioner Campbell that the Council has
established policies concerning taxation relative to new development,
terms of which are usually offered by the proposed developer or Peti-
tioner for annexation of lands.
At the request of Mr. Weiss, and on motion of Commissioner Campbell
seconded by Commissioner Talbot, the Council unanimously agreed to
table this matter until such time as Mr. Weiss and Marion Developers
may wish to discuss this request further with the Council.
The Council was then informed by the Tax Assessor that require-
merits, as set forth in the City Charter, make it.mandatory .that all
Property - both real and personal - be located wzthin the Czty and
the owner's name be determined, and that said property .be assessed at
its full cash value~ and that, therefore, no consideration for tax
relief concerning such property could be _extended without legislative
action amending the Charter - Section 85 which, in part reads as
follows:
"It shall be the duty of the tax assessor, between the first
yay of January and the first day of March of each year, to ascer.tain
diligent inquiry all taxable ~roper.ty .- real a.nd personal, rail-
roads, telephone and telegraph lxnes w~th~n the city, and the name of
_the person, firm or corporation owning the same on the first day of
January of each year, and to MAKE AN ASSESSMENT AT. ITS FULL CASH VALUE
sf all such taxa$1e property."
Comm~_ssioner Campbell then moved that due to requirements.as set
forth in Sect. ion 88 of th.e City Charter the City Attorney be ~nstruct-
ed to se. advise Mr. Francis K. Buckley, of Buckley & Bland, Lawyers
Building, Ft. Lau~erdale, Florida~ sending copy of~su.ch letter.to Mr.
George Weiss, 109. N9. Ocean Blvd., Delra.y Beach, Florida; Not,on was
seconded by Commss~oner Talbot and unanimously approved.
City Manager Lawson read the following letter from the Delray
Beach Chamber of Commerce:
May 9th, 1988.
"The Sales Committee of the Retail Merchants Division of the
Cb.amber of C.o.mmerce respectfully request that the City Commission auth-
orize no parking meter charge for the d~ates of May 15th - 24th, during
which time there wil.1 be a city wide sal.e in progress. . ·
Your consideration of this matter w~ll be greatly appreciated."
/S/ Roy Cunningham, Ch'mn.
Sales Committee
Commissioner Campbell, feeling that more than sufficient time has
elapsed since April 28th Council meeting, at which time the Chamber
was requested to confer with the City Manager in the near future con-
cerning parking meter control for the summer months, moved that ALL
.PARKING ME.TER CHARGES bo tenor.ed .on May lSth, 1958, until further no-'
t~ce. Mot~on seconded by Commissioner McNeece and unanimously agreed.
The City Manager was requested to arrange for a meeting b.etween
t.he Board of Directors for the ?elray Beach Library and th.e Cxty Coun-
cil to be held next Monday evening - May 19th, 1958, for d~scussion
of any plans the Boa;d may have relativ.e t? the vacant property just
north of and adjacent to the Library buxld~ng, and for any other mat-
ters of mutual interest which may come before the meeting~
The Council requested the Cit. y ~-nager to continue, correspondence.
with the Florida East Coast Railway .Company, concerning a possible
future crossing at N. E. 3rd Street ~n Delray Beach.
On motion ~f C.o~mmissi.oner Talbot and second.ed byCommissioner
McNeece, the ~ounc~l unannnously approved the City Manager granting
"Patrick Air Force Base" permission to conduct 'Patrick Ai~ Force Base
Youth Welfare Fund Drive, within the City of Delray Beach, during the
~eriod Nay 1st to June 30th, 1958, for a fund raisingcampaign, sub-
]ec% to al) personnel in connec.tion, therewith being IN UNIFORM of the
Patrick Air Force Base and no c~villans being connected therewith, in
such solicitation effort, in any manner whatsoever.
.City Manager Lawson read a letter from Mr. LeRoy E. Diggans, con-
corning the undesireableness of crematory operation continuance on
N. E.~th Avenue.
(~ motion of Commissioner Campbell and seconde~ by Commissioner
McNezce, the Council unanimously agreed that the City Manager be re-
9uested to confer with M~. Scobee relative to providing a solution to
8
the possible elimination of a crematorium within the residential area
of N. E. Sth Avenue, and, further, to advise Mr. Digsans of action
being taken which it is hoped will relieve this condition at an early
date.
City Manager Lawson informed the Council of having received a
Summons in Chancery - Chancery No. 38,793-C, 'Saddle River Oaks, Inc.,
as Complainant vs City of Delray Beach, concerning Setbac~ Require-
ments affecting Lots 2 and $, Blook l, of Ocean Park, a S/D within
the city of Delray Beach, Florida.
On motion of Commissioner Talbot and seconded by Co~missioner
McNeece, the Cmmcil requested the City Nanager to determine if the
services of Att'y. Henry ~. Lilienthal, to represent the-City of
Delray Beach in Chancer~yNo. $8,795-C, referred to above, are available
and if so, on a fee basis as practiced and established by the Florida
State Bar Association.
MEETING ADJOURNED.
APPROVED: R.D. WORTHING
~//~'-- ~'~~R ~~--' ~'~-/ ci't'y"clerk
MAY 12th, 1958.