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01-14-57 JANUARY 14th, 1957. A regular meeting of the City Commission was held in the Com- mission Chambers at ?:B0 P. M., with Mayor Warren in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry '[. Newett, and the following Commissioners present, R. J. Holland, Catherine E. S%ron~, and Dugal G. Campbell. An opening prayer was delivered by. Chaplain James T. Hayes. Commissioner Strong moved for approval of the minutes ,of the January ?th meeting. Motion was seconded by Commissioner Campbell and ,manimously carried. City Manager W. E. Lawson Jr., had accompanied the agenda for this meeting with a copy of the audit for the fiscal year 19§5-56, as prepared by Bateman & Jeffries, and advised the CommissiOn that Mr. Wm. Jeffries was present to survey the Audit with the Commission. Commissioner Campbell moved that review of the Audit be post- poned until 1:00 P.M., on Monday, January 21st, 19§?. Motion was seconded by Commissioner Strong and mlanimously carried. Commissioner Strong moved that the City Manager be instructed to obtain per diem rates from Public Accounting firms-in the area for the purpose of providing an Auditor for the fiscal year ending September 30th, 19§?.- City of Delray Beach. Motion seconded by Commissioner Campbell and unanimously carried. Dado-Commonwealth Mortgage Company's request of January 8th for further considerations relative to development of Jefferson Manor S/D, was submitted to the Commission by the City Manager. Commissioner Strong moved that this request for various allowances and considerations concerning development of Jefferson Manor S~D be referred to the City Attorney for his study and recom- mendation to be contained in a report for Commission meeting to be held on January 28th. Motion was seconded by Commissioner Campbell and ,manimously carried. Commissioner Campbell requested that a vo{e be taken on the a~eointment of each committee. Commissioner Campbell moved for apDoin%ment of the following members of - BARBER - BOARD OF EXAMINERS, L. R. Blacke%er, Chm. Waldo C. ~usgrave, ~ilton Lee, Fred Kitchens. Motion seconded by Commissioner Strong. Upon Call of Roi1, Mayor Warren and Commissioners Campbell and Strong voted in favor thereof, Commissioner Holland abstaining. Commissioner Campbell moved for continuance of the present Members on - CIVIL SgHVICE BOARD J. C. Keen John Breze, King Cone Marie Williams · lames Grantham. Motion was seconded by Commissioner Holland and unanimously carried. Commissioner Holland moved for the appointment of the following Members of - ELECTRIC~LL EXAI~INING BOARD C. W. Rickerd, Insp. C. W. Trieste, Eng. J. Wm. Gearhart Matt Gracey ii, John R. Gregory Richard Hanna Motion was seconded by Commissioner Campbell and unanimously carried. 6 JANUARY 14th, 1957. Commissioner Holland moved for appointment of the following Members for - FINANCE COMMI TTE]~ Catherine E. Strong Col. Dugal G. Campbell Martha Holland Motion seconded by Commissioner Strong and unanimously carried. Commissioner Campbell moved for the re-appointment of the present Members and an additional Member for the - FINANCIAL ADVISORY BOARD Charles A. Crane, Chm. - C. Weldon Evaul Rhea Whitley Nathan S. Sharp Hot/on seconded by Commissioner Holland and unanimously carried.~ Concerning the Golf Committee membership, Mayor Warren referred to a unanimous agreement by the CommiSsion, at an informal meeting held on Thursday, January 10th, of effectihg a partial change of said Committee, since which time there appears to have been a change in the opinion of some Commissioners of which he had nSt been advised; Commissioner Campbell stated that, in his opinion, an agreement entered into by the bntire Commission should be honored and thmt'he left the informal meeting feeling there would be no change from a membership agreed upon at said meeting. Further, that, as a matter of procedure, the Mayor should have been informed of anY' intended change thereof and moved for the appointment of the following to' comurise the . GOLF COM}IIT TEE Fred. McNeece, Chm. ,. C. B. Butler Warren,,G. Grimes ~ Vinc e Canning ' John Pallor. Motion was seobnded by Mayor Warren, who temporarily re- linquished the Chair. Upon Call of Roll Commissioner Campbell and Mayor Warren voted in favor thereof, Commissioner Holland and Strong being opposed. Motion did not carry and was then deferred until a full Commission is present. Commissioner Campbell moved that apnointment of the "Inter- Racial Committee" be deferred until the next regular meeting at which time the City Manager was requested to recommend an eight party membership, four from the West sector of the city and four from the East sector of the City willing to comprise said Committee. Motion 'was seconded by Commissioner Strong and unanimously carried. Commissioner Strong moved for continuance of the present members on - PAIi/ BEACH COUNTY RESOURCES I)EVELOPMENT BOARD Calvin W. Garner Wm. F. Koch L. Stuart Lankton Robert V. Cameron Motion was seconded by Commissioner Holland and unanimously carried. City Manager W. E. Lawson, Jr., informed the Commission of the recent organizational meeting held by the Planning/Zoning Board at which time Col. Andrew L. Fabens was elected Chairmmn and James I Sinks as Vice-Chairman. CommissiOner Campbell moved for continuance of the following Membership for - PLANNING/ZONING BOARD Col. Andrew L. Fabens, Chm. James I. Sinks, Vice-Chm. Robert F. Blake Kenneth Jacobson Stuart Lankton JANUARY 14th, 1957. Ex-Officio Members Wm. E. Lawson Jr., and Mayor George V. Warren, the latter reolacing Ex-Commissioner W. J. Snow. , Motion was seconded by CommisSioner Holland and unanimously carried. Commissioner Strong moved for re-appointment of the following Board Members - PLUMBING BOARD William Tott erdale Ralph Knut sen Dr. M. E. Buerk James J. Priest Charles Clark ,~ Motion seconded by Commissioner Holland and unanimously carried. Commissioner Campbell moved that apnointment of the l{ecreation Committee be tabled for further study and consideration due to the recent apnointment of a City Hecreation Director. Motion seconded by Commissioner Strong and unanimously ~carried. Commissioner Campbell moved for re-aopointment of Dr. M. E. Buerk as-Health Doctor for the City of Delray Beach. Motion was seconded by Commissioner Strong and unanimously carried. Hr. George S. McKay and Mr. Ozzie F. Yo~mgblood commented on the needs for additional services on the West Side and agreed to submit specific requests, in writing, for consideration by the Com- mission, and Commissioner Holland requested that priority be re- flected in their request. Commissioner Campbell advised of having observed, while touring the west side, the urgent need for further traffic control in that area. Commissioner Cam.~bell, requesting the aid of the Delray Beach Civic League in. directing its attention toward bettering ;general con- ditions on the West-Side, moved for acceptance of the League's re- quest for study by the Commission and assured said League of consider~ ation thereof. Motion was seconded by Commissioner Strong and uaani- mously carried. Commissioner Campbell suggested that First Aid Kits might well be a wise addition to each Police Car and hoped that~ the City Manager and Chief of Police would consider this matter. Chief Croft thought that this action might not be necessary as the Depratment hoped to soon have an Emergency C9.r fully equipped in First Aid Equipment. Commissioner Campbell, commenting on the noticable violations in traffic and other laxity in the enforcement of heretofore establish- ed Hules and Hegulations, moved that the City Manager take necessary steps for the recognition and enforcement of ALL existing City Ordin- ances, as created. Motion was seconded by Commissioner Strong and un- animously carried. With regard to building set-backs on N. W. 4th Street, Com- missioner Holland urged for serious consideration relative thereto be taken at once. Commissioner Strong moved that this matter, due to current con- struction of the access road from Section 7 into the City, be referred to the Planning Board for immediate consideration and recommendation. Motion seconded, by Commissioner Campbell and unanimously carried. Commissioner Campbell moved that the City Manager be instructed to obtain estimates of cost for re-assessment of vacant property with- in the city from qualified and professional land appraisers. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Campbell moved to accept the recommendation of the City Manager and refer the recently received "Report" from Smith & Gillespie concerning improvements to the Source of Supply, Treatment and Distribution System of the Water Works to the Financial Advisory Board requestin~ their prompt action and careful study of the matter as well as the possibility of an urgent need for a revision of local water rates. Motion was seconded by Commissioner Strong and unani- mously carried. 8 JANUARY 14th, 1957. In view of violations of the City Code of Ordinances resulting in the Police Department having to close the East Coast Gardens, located at 27 N. W. 5th Avenue, on December 22, 1956, Commissioner Holland moved that Beer & Wine License No. 3~6, issued on October 1, 1956 for the sale of Beer & Wine for consumption on the premises, be revoked, but that permission be granted for the operation of the Restaurant at 27 N. W. 5th Avenue for the remainder of the fiscal year on a Probationary basis. Motion war seconded by Commissioner Campbell and unanimously carried. Commissioner Holland moved for acceptance of the City Manager's recommendation, approval and support of the Resolution submitted by the "Commission of Port of Palm Beach". Motion was seconded by Com- missioner Campbell and unanimously carried. RESOLUTION WHEHEAS, the Port of Palm Beach District is a Political subdivision of the State of Florida, with a mandate in its charter to maintain and operate a deep water port of entry, and to promote and develop water- borne commerce for the benefit of the citizens of the ' District and the Store of Florida; and WHEREAS, in furtherance of these purposes the Board of Commissioners of said District created a Special department at the Port facility known as the, Industrial Development Department; and WHEREAS, Captain Norvelle W. Sharpe, U.S.N.R.-R has served during the past year as manager of said department, during which time he has, intthts capacity, compiled and authored a document which is entitled "Industrial Indicators, Palm Beach County, Florida", which document contains and presents a comprehensive, factual picture of the economic status and develop- ment of the GREATER WEST PALM BEACH METROPOLITAN AHEA, which includes the coastal, suburban and everglades communities of Palm Beach Co~mty; and WHEHEAS, said document has been prepared with such great skill and is so comprehensive in scope and usefulness that the same has received public acclaim throughout the entire area; and WItEBEAS, the Board of Commissioner of the Port of Palm Beach District believes that said publication and its compiler and author deserve spec±al recognition and commendation, NOW, THEREFORE, BE IT RESOLVED BY THE BOAI~) OF COMMISSIONERS OF THE PORT OF PALM BEACtI DISTRICT AS FOLLOWS: 1. That "Industrial Indicators" is a monumental contribution for the further economic development of Palm Beach County. 2. That Captain Norvelle W. Sharpe, the compiler and author thereof, is hereby publicly commended. '. 3. That copies of this resolution, together with complimentary copies o£ said publication, be transmitted by the Secretary of the Port of Palm Beach District' to the following parties: 9 JANUARY 14th, 1957. Honorable LeRoy Collins, Governor of the State of Florida Honorable George Smathers, United States Senator Honorable Spessard L. Holland, United States Sen,ator Honorable Paul Rogers, Congressm~n of the Sixth Congressional District of Florida Board oC County Commissioners of Palm Beach County Resources Development Board of Palm Beach County Honorable Mayors and members of the City Commissions of West Palm Beach, Palm Beach, Lake Worth, Delray Beach, Boc~ Raton, Riviera Beach, Lake Park, Jupiter, Belle Glade, Pahokee, Canal Point. Honorable Edward Stumpf, ~ditor of the Palm Beach Post-Times Honorable John Knight, Editor of the Miami Herald Bureau of Personnel, Navy Department, Washington, D.C. 4. ~mt further copies of said "Industrial Indicators" shall be made to any and all other parties desiring the same at a cost which shall be no greater than the actual cost of printing the same plus postage. UNANIMOUSLY PASSEq) A24]) ADOPTED this 30th day of November, 1956, at the office of the Port of Palm Beach District in Riviera Beach, Florida. BILLY B. BURNS Chairman ATTEST: L. R. Bishop WIIJ.IAM H. DYER Secr et ary Commi s s ione~ (CORPORATE L.R. BISHOP SEAL ) Commissioner CERTIFICATE I, L. R. BISHOP, hereby certify that I am the Secretary of the Port of Palm Beach District, and as such, custodian of its records; that the fore- going is a true copy of a resolution which was duly passed and adopted by the Board of Commissioners of the Port o£ Pslm Beach District this 30th day of November, 1956. /S/ Lo R. Bishop (SEAL) Secretary (CORPORATE SE~L ) JANUARY 14th, 1957. Commissioner Campbell moved that the letter, dated January 3rd, 1957, received from Mr. Itarold E. Constant, citing various matters pertaining to the Ocean Ridge Beach property, be referred to the City Attorney for his study and recommendation, and that Mr. Constant be so advised. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Holland moved that the City Commission instruct City Manager Lawson to secure bids for clearing Lot 14, Section A, Palm Beach Shore Acres (100 ft. public beach) and making said beach accessible and suitable for use. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Holland moved that the matter concerning abandon- ment of any public beach project in PalmBeach Shore Acres, as further requested by Mr. Constant, be postponed and the issue remain status quo until the report of the City Attorney, on the items referred to in the preceding paragraph, be received and studied by the Commission. Motion was seconded by Commissioner Campbell and unanimously carried. Commissioner Campbell moved t]mt the request of Messrs. H. J. Post and H. B. Peterson, for abandonment of an easement in Blue Seas S/D, be referred to the Planning Board. Motion was seconded by Com- missioner Holland and unanimously carried. Commissioner Holland moved, in approval of the City Manager's recommendation, that the City Manager submit an estimate-of cost for construction of S. E. 5th Street Easterly from U.S. 1, as requested by Messers. Barf, Scott and DellaVolpe, at the next regular meeting. Motion was seconded by Commissioner Campbell and unanimously carried. Commissioners Campbell and Holland commented on the deplorable condition, concerning control of taxi operators and operations w~th- in the City, specifically the various excessive rates being charged as well as the over-loading of cabs and possibly unlicensed cabs being in operation. Commissioner Itolland moved that the City Manager confer with the City Attorney and arrange a conference with the various oper~~ ators to consider the feasibility of effecting a new schedule of rates if such is found to be warranted. Motion seconded by Com- missioner Campbell and unanimously carried. Commissioner Campbell moved that Ordinance No. G- 243, concerning U-Drive-It-Rental Cars be referred to the City Attorney for study and recommendation. Motion seconded by Commission- er Strong and unanimously carried. Commissioner Strong moved that the City Attorney be instructed to prepare a Hesolution concerning a gymnasium for Carver High School for presentation to the Palm Beach Co~mty School Board. Motion was seconded by Commissioner Holland and ~manimously carried. City Manager Lawson submitted the Report from the Planning Board. Item L. Commissioner Holland moved that the recommendation of the Planning Board be accepted and to ~eny the deviation request of Mr. Wm. C. Muzeroll on Lot 7, Block 11:- Motion was seconded by Commissioner Campbell and ,manimously carried.*Osceola Park Item 2. Discussion followed concerning the set-back d~viation request of Mr. J. Raymond LaTho.~as relative to Lot 13 and S 27~ ft. of Lot 12, Ocean Beach Lots and construction of the Manor House Apartments. Commissioner Holland warned against granting any set-back deviations unless due to hardshin cases as the ultimate result of such grants can prove very costly at a later date. JANUARY 14th, 1957. Commissioner Campbell, in accord with Commissioner Holland's comment, thought that, originally, there must have been poor planning to permit the present situation in the architects plans which reflect an approximate 19 foot violation. Commissioner Holland moved that, as recommended by the Planning Board, this deviation request be denied. Motion was seconded by Com- missioner Campbell and unanimously carried. Item # 3. Commissioner Holland moved that the deviation re- quest of Mr. Jos. W. Gwynn, concerning Lot 31, Block 6, Dell Park, be denied,as recommended by the Planning Board. Motion was seconded by Commissioner Campbell and unanimously carried. Item ~ 4. The request of Messrs. Leland Sterry and Henry Sage, concerning Car Rental Use activity in Block 164, fronting on East Atlantic Avenue, was tabled ,mtil the next regular meeting, to permit further s,?,udy of the intended activity and clarification of the Planning/Zoning Board's recommendation as contained in said Board's report of December 17th, 1956. Commissioner Strong moved that the Petition for Annexation of the Tropic Isle Trading Center and the recommendation of the l~lanning Board dated December 18th, 1956, be deferred and that the City At- torney be instructed to obtain an opinion from the Attorney General as to the legality of procedure relative to the annexation of Tropic Isel - Section 1 and Section 2. Motion was seconded by Commissioner Holland and mlanimously carried. Commissioner Campbell moved that the request of Mr. Wm. Wheatley, for Zoning change of the S. 100 Ft. of the W. 275 ft. of Ocean Beach lot 28; and Mr. Norman E. Hallberg property on the W. 37~ ft. of Lot 15, and all of Lots 16, 17 and 18, Wheatley's S/D. be denied. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Strong moved that the zoning change request of Mr. Dewey Morris, concerning the ~ 55 ft. of Lots 7 and 8, Block 75, from R-3 to C-2 be granted, as recommended by tile Zoning Board. Motion was seconded by Com,~issioner Camnbell and ~manimously carried. Co,~missioner Holland moved that the zoning change request of the Sea-R Holding Company, concerning Lot 5 of the Anderson Block be denied, as recommended by the Zoning Board. Motion was seconded by Commissioner Campbell and unanimously carried. Concerning the zoning change request of Mr. Robert V. Cameron For Lots 1 thru 7, Block 3, Southridge S/D, Commissioner Strong moved that Lot I be considered a corner lot and all property owners be notified of this request, in accordance with Zoning Regulations, Paragraph 29, Section 7, of the City Code of Ordinances. Motion was seconded by Commissioner Holland and unanimously carried. Concerning the request of Mr. George Talbot for deviation on part of Lot 9, Block 1, 0sceola Park, Commissioner Campbell moved that same be tabled until the next meeting and instructed the City Manager to contact Mr. Talbot with a view toward obtaining Hight- of-way for extension of S. E. 7th Avenue From 4th to 5th Streets. Motion was seconded by Commissioner Holland and unanimously carried. Commissioner Campbell moved that the petition of Mr. Harold P. Mueller relative to re-zoning of the East 75 Feet of Lot 38, Block 5, Seagate Extension from R-1AA to R-3, be denied, as recom- mended by the Planning/Zonihg Board. Motion was seconded by Com- missi&ner Holland and unanimously carried. Concerning the ~etition Of Mr. Neil E. MacMillan, presented on behalf of the First Presbyterian Church of Delray Beach, rela~ tire to request For permissive use as a Church Site on the north half of Block 49 and the north 215 feet of Block 57, Commissioner 12 JANUARY 14th, 1957. Holland moved that same be tabled to permit further study of this area, particularly as to sufficient rights-of-way. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Holland moved that Bills, in the Amount of ~54,034.56 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Campbell and unanimously carried. Commissioner Strong moved that the following eight (8) Appli- cations for Deviation or Zonin~ changes be referred to the Planning/ Zoning Board for study and recommendation: - Block 7, (Carver Square) (MCR 1517) Pt. of Model Land Co's Lot 1, Block 1, Sec. 21. (MCR 1515) Lots 23 & 24, Block 69. (MCR 1516) Lots 22,23 & 24, Block 72. (MCR 1514) Pt. of Ocean Beach Lot 29 (MCR 1495). Pt. of Ocean Beach Lot 30 (MCR 1496) Pt. of Block 30. (MCI{ 1492) Pt. of Block 21, (MCR 1571) Motion was seconded by Commissioner Holland and unanimously carried. Commissioner 9tron~ moved that a Public Hearing concerning the apnlication of the Acme Taxi for one additional taxi cab, be sched- uled for 7:30 P. M. Monday, January 28th, 1957. Motion was seconded by Commissioner Campbell and unanimously carried. Commissioner Campbell moved that the City Manager request the Department Heads to submit a report reflecting the department's need if any, for additional equipment or aid to enable each department to be able to enforce ALL Rules, Regulations and Ordinances as such affect each department. Motion was seconded by Commissioner Holland and unanimously carried. Comznissioner Campbell commented on the unhealthy and undesir- able condition of many vacant lots in the City ,nd was assured by the City Manager that the established Lot Clearing Program is under way and will continue to be fo]lowed through. The Commissioner requested City Manager Lawson to arrange for the immediate clearing of the N. 199 ft. of Block 85, lying East of the F.E.C. HR. R/W, and effect assessment for cost of clearing, if determined to be warranted. Commissioner Holland moved that the City Manager, Police Chief and Fire Marshall investigate living conditions as well as "Nursery" operations in the West sector of the City. Motion seconded by Com- missioner Strong and unanimously carried. City Manager W. E. Lawson Jr., read the following letter from - "Tommy Armour" expressing congratulations on the general operation and condition of the Delray Country Club. "TOMMY ARMOUR MEMBER OF THE ~CGREGOR PRO ADVISORY AND TECIINICAL STAFF Jan. llth. MacGregor Golf Co. 4861 Spring Grove Avenue Cincinnati 32, Ohio Delray Beach Council Delray Beach, Florida Gentlemen: I would like to congratulate you on the Delray Beach JANUARY 14th, 1957. Country Club, both the condition of the golf course and the manner in which the club itself is being run. I have been a resident here for many years, and I believe that this is the first time that I feel proud of the club and the golf course and take pleasure in inviting my friends to play golf here. Mr. Lang has done a fine job in bringing the course to a playing condition that is equalled by few courses in Florida. Mr. and Mrs. Raynor contribute greatly %o the atmosphere of the club and run it in such a splendid manner that it is a ~nleasure to go there. Yours Truly, /s/ Tommy Armour S 6. Grosvenor House Delray Beach" The City Mmnager read a letter from the City Attorney where- in the Commission wms advised of the approaching session of the Legislature: "}L~HRY T. NEWETT Attorney at Law 17 N.E. 4th Ave. DELRAY B~CI{, FLORIDA January 8, 1957 Mr. William E. Lawson City Manmger Delray Beach, Florida Dear Bill: In view of the apnroaching session of the Legislature this Spring, I feel thoughts should be directed toward any changes or additions in the City Charter that might he needed. As yet, I have not considered the matter at any great length; however, it would be adviseable, among others, to prepare a bill ratifying the recent annexations of land within the municipality. I am merely calling this to your attention in order that we might have such proposals ready For submission at the Legislative Clinics which have been scheduled. Yours very truly, /si .arty IITN/n liarry T. Newett" City Manager Lawson informed the Commission of tile coming Mid-year Meeting of the "Florida League of Municipalities" to be held in Jacksonville, Florida, February 16th and 17th, 1957, re- commending the attendance of those who may find it possible. Mayor Warren instructed the City Clerk to prepare a Procla- mation proclaiming January 25th, 1957, as Animal Rescue Day. 14 JANUARY 14th, 1957. Meeting ad journed. /S/ R. D. Worthing City Cie rk APPROV'~.~D: MAYOR