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01-28-57 JANUARY 28th, 1957. A Regular Meeting off the City Com~lssion was held in.the Com- mission Chambers at 7:30 P.H., with Hayor Warren in the Cha~, City Hanager W. E. Lawson Jr., City Attorney Harry T. Newett and the follow- ing Hembers being present - R. J. Holland, Dugal O. Campbell, Catherine E. Strong and Hartha K. Holland. An opening prayer was delivered by Att'y. Neil E. HacHillan. An Amerioan Flag, originating in Washington D. C., .was presented to the Com~ission and the City of Delray Beach, by the Veterans of Foreign Wars and sanction~ By Senator G~P~e SmathePs, to be displayed daily in the City Pa~k. Co~issionev Campbell moved for acceptance off ~e Fla~ and letter off~ a~p~eciation to be sent to the V.F.~., and Senato~ S~thers, ~otion was seeonded by Co~[ssioneP H. K. Holland and ~imously ca,Pied. Co~issionev H. J. Holland moved for approval of the Hinutes covering the Jan~ry 14th meeting, as w~itten. Hotion was seconded by Co~lssioner Strong and ~imously card,ed. ~opointemt off an Inter-Racial Co~ittee ~as deflected mtil ~e next ~egula~ meeting. Co~issione~ I. J. Holland ~oved for appointmmt off the ffollow- lng Co~ittee - g0~ CO~IT~E Fred HcNeece Chaim~ B. C. Butle~ ~. H. DaCamara Pete Cole Hotion ~$ seconded by Co~issioner St~on~ and upon Call Co~iss~one~s R. J. Holland, Cathe~e E. St~n~ and Hartha K. Holland voted .in favor thereof, Co~issioners Du~al G. Campbell and George ~a~ren bein~ opposed. Hotion carried. Co~issioner Stron~ ~efferred to the Charter off the City of Delray Beach wherein provision is made ~o~ the appointment off a ff~ve (5) me,bev Golf~Co~ittee, and concurred ~th Comisstoner H. J. Holland who c~ted the satisCactoPy operation, and financial results thereof, of the Co~t~ Club ~de~ the guidance off the p~es~t Co~ittee which the Co~issioner u~ently ~equested be allowed to remain intact. Commissione~ Campbell moved for appointm~t of ~e ffollowin~ be~ship compr~s[n~ the Beach Comittee - H. J. Holland C~i~ Catherine E. Stron~ ~. J. Snow George HcKay Jos. A. Baldwin Hotion was seconded by Co~lssione~ H. J. Holl~d ~d ~animously Hr. Hay Roberts and Hr. L. C. Smythe discussed prelim~nary steps to be taken with the City Comission toward a possible ff~anch[se a~ree- ment conce~ln~ a Natural Gas distribut[on system (l~ne) in th~s area. Such a t~ansmission ffPom the Houston Texas Gas ~ 0il Comply into north- ern Florida and thence south to Hiam~ has already passed the initial sta~es and been approved by the Federal author~ties. Hr. Roberts f~ther mentioned ad-valorem taxation of appreciable property would ulti~tely ~esult in the a~eas lncorporatln~ as well as a utility tax comparable to the preset 6~ tax on electric f~anchises with the Florida Power & Li~t Company. JANUARY 28th, 1957. Further consultation on this matter was postponed until lo:00 A. M. Wednesday, February 6th. Commissioner ~trong cited the~need of immediate attention con- cerning improvements of alleys, running Both north and south from Atlantic Avenue to aid in the serious traffic problems in the down- town areae Co~missioner Campbell favored attention be given Street provement Orior to the Alleys, But would, however, sanction a com- bined Street and Alley imorovement program to be undertaken im- mediately. City Hanager W. E. Lawson informed the Commission of already having obtained Plans and Surveys with reference to the improvement off N. E., & S. E. Second Streets from Swinton Avenue to Federal Hig]mlay, and was requested, by.the Commission, to prepare estimate of cost for such improvements together with cost estimate for oil- sealing of alleys within the area, for consideration at an informal meeting to be held Wednesday, February 6th, at 10:00 Hr. Jack Dorson, of Delray Shores S/D, had intended to.review, with the Commission, his intended advertising program relating to development of Delray Shores but this advertising material was un- available for this meeting and will Be presented at a later date, Discussion followed concernin~ the requests from Carver P.T.A., and the Delray Beach Civic Leagu~ for better traffic control as well as pedestrian protection. The City Manager inforuned the Commission that, as requested in a previous meeting, the ChSef of Police, as well as the Fire Chief, had submitted a Report, following a study and conference with the City Manager Lawson, indicating need ofcertain additional ~quip- ment and aid for their respective departments. Commissioner Campbell desired to inform all those present at the meeting that police protection around the clock, is now, and has been in effect in the west sector of the city. The Commissioner was assu~ed By the Chief of Police that an additional Negro Officer, if granted, would Be used in improving the 11:00 P.M. to 7:00 shift for the betterment of control on the ~estside. Commissioner Holland moved that the City Hanager be instructed to advise the Commission at the next meeting if sufficient funds could be provided for an additional officer to be assigned to such shift as referred to above. Motion was seconded by Commissioner Strong and unanimously carried. The City Manager was requested to furnish cost estimate for sidewalk construction on N. W. 8th Avenue from 2nd Street to Carver High School, to be available for the February 6th unofficial meeting. Commissioner M. K. Holland moved got immediate installation of a Caution Light at N. W. 8th Avenue and 2nd Street. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Campbell moved that proper Crossing Harkir~s ( (ligns) for better control and safety of pedestrian trafffic be in- stalled at the intersections of Atlantic Avenue with S. ~. 6th, 10th and llth Avenues. Motion was seconded by Commissioner and unanimously carried. The City Manager was requested to report on the proceas con- cernin~ the two (2) preceding directives at the February 6th Caucus. Commissioner Campbell moved that the request for the closing of N. ~. 2nd Street from the Seaboard RR to Swinton Avenue ~be, tenied Until such time as a more dire need for such action warrant consider- ation. Commissioner R. J. Holland seconded the motion which carried with unanimous approval. JANUARY 28th, 1957. City Manager W. E. Lawson read a letter f~om Att~ys Byrd & Whitley, concerning the request of Hr. Fred L., and Mrs. Nancy Strozier for the abandonment of the following easements of reco~d, necessary before such adjoining lands could be considered for a possible future school site; S 25 ft of the S~ of ~E¼ of SW¼ of SW~ of $e0.17-46-43; and N 25 Ct of the E of Lot 17, Section 20-46-43; and S 25 ft.of the E! of Lot 17, Section 20-46-43; Colissioner R. J. Holland moved that the City Attorney pre- pare a Resolution abandoning said easements, shown above, conditioned upon and subject to said abandoned land being used ONLY for school development purposes and that if any school project, now beln& con- sidered, fails to materialize, said easements of record shall revert to the status as reflected, prior to any such sbandonment, in the Court of Records in and for Palm Beach County, Florida. Motion was seconded by Commissioner Campbell and unanimously carried. City Manager Lawson read Hesolution No. 1034, providin~ for an official depository or depositories for funds of the City of Delray Beach, Florida. BESOLUTiON NO. 1034. WHEREAS, Section 76 of the City Charter of the City of Delray Beach requires the Colission to deslF~ate an official depository or depositories for funds of the City of Delray Beach. NOW, THEREFORE, BE IT RESOLVED by the City Comission of the City of Delray Beach, Florida, that the following Banks are hereby designated as the official depositories for the City of Delray Beach: 1. First National Bank of Delray Beach Delray Beach, Florida, 2. Irving Trust Company New York City, N. Y., 3. The Chase Hanhattan Bank New York City, N. Y., 4. Harris ?rust and Savings Bank Chicago, Illinois, 5. Boynton Beach State Bank Boynton Beach, Florida, 6. First National Bank in Palm Beach Palm Beach, Florida, 7. ~tlantic National Bank of West Palm Beach. West Palm Beach, Florida, 8. Delray Beach National Bank Delray Beach, Florida, 9. Lake Worth Federal Savings & Loan Association Lake Worth, Florida, 10. First Federal Savings & Loan Association of ~PB West Palm Beach, Florida, 11. First Federal Savints & Loan Association of Delray Beach Delray Beach, Florida, and JANUARY 28th, 1957. BE IT FURTHER RESOLVED that the City Hanager of the City of Delray Beach, is hereby ordered to use the above named Banks as orificial depositories for all City monies received for deposit except in cases where the City Co~mission may specifically direct otherwise. PASiEDANDADOPTED by the City Commission of the City of Delray Beach, Florida, on this the 28th day of January, A.D. 1957. George V. Warren '* MAYOR ATTEST: ,L/s./ R. D. Worthins City Clerk Commissioner Strong moved that Resolution No. 1034 be passed and adopted on first and final reading. Hotion was seconded by :Com- missioner ~. K. Holland~and unanimously carried. The City Manager then read Resolution No. 1035 pertaining to authorized persons to open Checking and/or Savings accounts, in those Banks designated as official depositories, and that funds deposited therein may be withdrawn upon a check signed by any two (2) of the authorized individuals indicated therein. ~ESOLUTION N0. 1035.. BE IT ~ESOLVED, that the Cit~ Hanager be and he is hereby authorized to open a CHECKING and/or SAVINGS ACCOUNI~ in those Banks designated as official depositories; and that funds deposited therein may be withdrawn upon a check signed by any ONE of .the following: NAHE TITLE Harie W. 14illtams Treasurer Carl J. Gessler Director of Finance and countersigned by any ONE of the followin~I NANE TI TLE W. E. Lawson~ Jr.. ~itY Hanager George v. Warren Ha~or whose signatures shall be duly certified in said Banks, and that no checks drawn against said Banks shall be valid unless so signed. BE IT FURTHER RESOLVED, that said Banks is hereby authorized and directed to honor and pay any checks so drawn, whether such checks be payable to the order of any such person signing said checks, or any of such persons in their individual capacities or not, and whether such checks are deposited to the individual credit of the person so sitnint said checks or to the individual credit of any of the other officers or not. This resolution shall continue in force and said Banks may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth JANUARY 28th, 1957o in the certificate of the City Clerk of Delray Beach, Florida, accompanyin~ a copy of this resolution when delivered to said Banks or in any similar subsequent certificate, until written notice to the contrary is duly served on said Banks. PASSED AND ADOPTED by the City Co~mission off the City of Delray Beach, Florida, this 28th day of January, A.D., 1957. /S/ George V. Warren Hayor (S~AL) ATTEST: , ,,/s/R. D. orthin City Clerk Co~missioner Campbell moved that Resolution No. 1035'be' Passed and adopted on this, the first and final reading. Motion was seconded by Commissioner R. J. Holland and unanimously carried. City Manager Lawson then read Resolution No. 1036 authorizing the openin~ and maintainini of a Payroll Account in the Flrst National Bank of Delray Beach, Florida, and that funds deposited therein may be withdrawn upon a check si&ned by any ONE of the authorized individuals indicated in said Resolution. RESOLUTION NO. 1036. BE IT BESOLVED, that the City Manager be and he is hereby authorized to open a Payroll Account in the First National Bank of Delray Beach, Florida, and that f~mds deposited therein ~ay be ~$th- dPa~ upon a check s$~ed by any 0~ of the N~ TI~ Ha~ie ~. ~illiass Treasurer Ca~l J. Gessler Director of Finance Whose si~at~es shall be duly certified to said Bank, and that no checks d~a~ a~ainst said Bank shall be valid ~less so si~ed. BE IT ~THEH ~SOL~, that said Ba~ ts hereby authorized and directed to' hono~ and pay any c~cks so d~a~, whether such checks Be payable to the order off any such person si~ said c~cks, or any off such persons in their ~dividual capacities or not, and whethe~ such checks ape deposited to the individual credit of person so si~in~ ssid checks or to the individual c~edit the other officers or not. ~is ~esolution shall continue ~ force and said Ba~ ~ay consider the Facts concerning the holders off said offices, respectively, ~d their si~at~es to be and continue as set Forth in the certificate of the City Clerk off De~ay Beach, Florida, accompanyin~ a copy off this resolution when delivered to sa~ B~k In any similar subsequent certificate, until written notice to~ ~e contrary is duly served on said Bank. PASS~ ~ ADOPT~ by the City Co~ission of ~e City off Delray Beach, Florida, this 28th day of J~nuary, A.D., 1957. (S L) yor ATT~T: /s/ a. D. city JANUARY 28th, 1957. Commissioner R. J. Holland moved that Resolution No. 1036 be passed and adopted on first and final reading. Motion was seconded by Co~missioner M. K. Holland and unanimously carried. The City Attorney was instructed to urepare an Ordinance .limit- ing the daily work hours for construction within the corporate limits of the City of Delray Beach for presentation at the next regular meeting, said hours to be 8:00 A.M. to 5:00 P.M. Monday through Satur- day effective from December 1st through April 30th, as authorized by the City Commission at its:regular meeting held on May 28th, 1956. The. City Manage.~ then read the followin~ Reports from the Planning/Zoning Boa rd. Item 1o Concerning Petitions received for rezoning of a large portion of currentl, y zoned R-1 to H-2 lands in the S~ part of the City, the Planning/Zoning Board was requested to reconsider this request when the present proposed plans of the County School Boaed, effecting this immediate area, become a reality and all facts per- taining thereto become known. The City Clerk was instructed to in- fo~m Att~y. Neil MacMillan of any proposed meeting for further~ con- sideration of this request. Col. Andrew Fabens, Chairman of the Planning/Zoning Board, informed the Commission that the Boa~d's Report of January 24th relative to this matter, had been formulated at a meeting held prior to any knowledge of the County School Board's interest in possible expansion of school lands to this area, in view of which the Board of Planning and Zoning would be happy to reconsider the' issue if so requested by the City Commission due to recent develoP- ments o Item 2. "Widening and set-backs on N. W. Fourth Street." Commissioner R. J. Holland moved for acceptance and adoption of the Board's recommendation in its entirety, namely, as follows; "R/~ be increased to eighty (80) feet centered on the section line between Sections 8 and 17 immediately north of Block 49 and 57 and west of the swing with the existing pavement slightly to the north of West. The present roadway being entirely south of the section line, it is recommended that 15 feet be asked of the properties on the south thereof and 40 feet f~om the north thereof. The Board further recommends that set-backs of sixty-five (65) feet from the ~)roposed c~ter line on the section line be ordered, effect- ive at once without regard to proposed acquisition of right-of-way, which may take some time." Motion was seconded by Commissioner Campbell and unanimously carried. Att'y. Neil Mac~illan informed the Commission concerning the desire of the Presbyterian Church to obtain permissive use, for church purposes, of lands in the North half of Blocks 49 and 57, possible acquisition of said lands being assured by the current.~ o~ners if the Church decides to effect purchase thereof. Commissioner Campbell moved that the Presbyterian Church be~' granted permissive use, for Church purposes, on the following scribed lands, subject to recognition of and compliance w. ith the set-back requirements as outlined in Item Two (2) ~er~of. North- Half of Block 49 and the North 215 feet of Block 57° Motion was seconded by Commissioner Strong and unanimously carried. Item 3. "Deviation - Lot 5A, Block 21 - Robert Helle." Commissioner Campbell moved, in acceptance of the Plannin& Board*s recommendation, to grant Robert Helle limited deviation on Lot .SA, Blk. 21, namely, allowance for construction of a one (1) or two(2) family dwelling thereon ~rovided the minimum side, front and rear set-back requirements as established are conformed with. Motion was seconded by Commissioner R. J. Holland and unanimously carried. JANUARY 28th, 1957. Item 4. Commissioner R. J. Holland moved that approval of part of Blk. 164, zoned C-I, for Car Rental purposes be granted, as recom- mended by the Planning/Zoning Board's Report of December 17th, subject to it Being understood that NO PROCESSING, NO SERVICING nor GARAGE fa- cilities be available. Hotion was seconded by Commissioner Campbell and unanimously carried. Item 5. Commissioner Campbell moved that the Deviation Request of Mr. George Talbot, concerning part of Lot 9, Block 1, 0sceola Park, be deferred for further study and consideration at a special meeting to be arranged by the City Manager. Motion was seconded by Com- missioner R. J. Holland. Unanimously carried. City Hanager Lawson informed the Conznission that Dade-Common- wealth Mortgage Company had offered to pay 80~ of the total cost for paving and improvement of N. W. 13th Avenue from 2nd Street, northward one (1) Block, to the south Bo~mdary line of Jefferson-~anor S/D, which portion of cost for such improvement on this type of highway, to be borne by parties other than the City of Delray Beach, is in accordance with established policy. Commissioner R. J. Holland moved for approval of construction and improvement as outlined in the preceding paragraph and subject to Dade- Commonwealth Mortgage Company paying eighty (80) per cent of the total cost thereof and the City of Delray Beach paying the remaining twenty (20) per cent of said cost. Motion was seconded by Commissioner Strong and upon Call of Roll - Commissioners R. J. Holland, Catherine E.Strong, Martha K. Holland and Mayor George V. Warren voted in favor thereof,Com- missioner Dugal G. Campbell being opnosed. The Commission requested that the matter of Taxi-Cab operation and consideration of Amendments to Chapter X of the City Code, relat- ing to the regulation of Taxi Cabs and other motor vehicles, be tabled for further study and requested the City Manager to arrange for inter- ested parties concerned, specifically ALL Cab operators, to be in at- tendance at the next regular meeting for consideration of this subject. City Attorney Harry T. Newett advised the Commission of having requested an opinion from the Attorney General, concerning annexation of Tropic Isle S/Ds, but that no reply had, as yet, been received. The City Attorney further informed the Commission of an excerpt in the Ord- inance of annexation for said S/Ds, pertaining to provision outlined therein for legislative validation of said Ordinances. Commissioner R. J. Holland moved that Bills in the amount of $47,871,41 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Campbell and unanimously carried. Commissioner R. J. Holland moved that Saturday, February 2nd, 1957, be declared "Thrift Shop Day" for Seacrest High School, as re- quested by Miss Sellers. Motion was seconded by Commissioner Strong and unanimously carried. Discussion followed concerning alleged hardships on the Merchants of S. E. 3rd Avenue, due to the "NO LEFT TURNM Sign at Atlantic Avenue and said 3rd Avenue. Commissioner Campbell moved for the removal of this particular MNo Left Turn" Sign and requested the Police Chief to effect a study of this situation in order that the best beneficial results may be obtained. Motion was seconded by Commissioner M. K. Holland. Unani- mously carried. City Manager Lawson advised of being in the p. rocess of obtaining bids for clearing Lot 14, Palm Beach Shores Acres (Bathing Beach) and ~ould present various and alternate bids For making this public beach useable and satisfactory, at the earliest possible date, possibly for the proposed Wednesday caucus. 22' JANUARY 28th, 1957. The City Manager agreed to have Resolution prepared for initial steps conce~ning improvement of S. E. 5th Street, eastward from Federal Highway appPoxiemtely 320 feet. Also for an early conference with affected property o~ners relative to desired tension of S. E. 7th Avenue. City Manager Lawson further advised that bids for clearing of the vacant portion of Block 85, lying east of the F.E.C. will be available at the next meeting. The City Manager informed the Comnission of having received per diem rates for municipal work and specifically for Audit of the City of Delray Beach for the current fiscal year, as follows: Bateman & Jeffries. W.E. Keen Himes a Himes Cert. Public Acct's. $ 45.00 S 50.00 S 65.00 Senior Accountants 35. O0 40. O0 45. O0 Junior " 27.50 25. O0 35. O0 ** Plus ~5.00 per day for Transportation expense. Co~missioner Campbell moved for the appointment of Bateman & Jeffries as Auditors for the City of Delray Beach for the current fiscal year. Motion was seconded by Commissioner M. K. Holland and unanimously carried. City Hanager Lawson presented the Reports, one from the Police Chief and one from the Fire Chief, as requested by the Commission on January 14th, incorporating additional aid and equipment felt neces- sary to improve efficiency in operation of their respective depart- men ts. Commissioner Campbell, recognizing the seriousness of the situation, and the apparent possible need for a portion of the con- tents of said reports, requested the Mayor to appoint a Committee to confer with the City Manager and submit a report of their comendations at the earliest possible date. Mayor Warren appointed Commissioner Dugal G. Campbell and. Col. Andrew F. Fabens to confer with City Manager W. E. Lawson Jr. at their early convenience. Att'y Chas Byron, speakinl on behalf of a Taxi-Cab operator, relative to a recent application for an additional Certificate off Convenience by another Cab operator was assured that a meetin& will be held this Thursday, January 31st, at 2:00 P.M., in the Comnission Chambers and the City Manager was requested to .invite all Cab Oper- ators to be present. _ City Manager Lawson informed the Commission of havin& appoint- ed an experienced engineer as Supt. of Public. Works, effective. Feb- ruary 1st, 1957, in the person of Hark C. Flemin&. Meeting adjourned. /s/a. D. Worthin& City Clerk APPRO%rED: MAYOR