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08-26-57 AUGUST 26TH, 1957 A regular meeting ef the City Council was held in the Council Chambers in the City Hall, at 7:30 P.M., with Mayor George V. Warren in the Chair, City Manager W. E. Lawson Jr., Acting City Attorney Neil E. MacMillan, and the following Commissieners being present, R. J. Holland, Martha ~. Holland and Catherine E. Strong. An opening prayer was delivered by City Manager W. E. Lawson. Commissioner Strong moved that the minutes for the Regular Meeting of August 12th, be approved as corrected. Motion seconded by Comissioner R. $. Holland and unanimously agreed. Commissioner R. $. Holland, commenting on the over-all Youth Program and affiliated activities, stated that any such City program should be aided by parents recognizing their responsibility and leadership of their children, which cooperation would definitely minimize Juvenile delinquency. The Commissioner further felt that children, seventeen years ef age and under, during school semesters, through more control and supervision hy the parents, might wisely he spending mere evening hours at home with assigned school work which would .~urther tend to lessen cause for Juvenile delinquency, and during youth actxvity programs should be required to be home not later than eleven o'clock. City Manager Lawson informed the Council that he is in contact with the Florida League of Municipalities who have agreed to furnish him with curfew ordinances on file in the League's office. Commissioner t~. J. Holland then moved that the City Attorney be in- structed to draw up a 'Curfew Ordinance' after studying various curfew ordinances which the City Manager has arranged to provide. Motion seconded by Commissioner M. [. Holland and unanimously carried. The City Manager further informed the Council of having been advised by the Florida League of Municipalities that approximately 57 cut of 200 cities, now have Curfew Ordinances, copies ef which will be furnished City Manager Lawson who will turn thou over to the City Attorney for guidance, in the preparation of a curfew ordinance for the City ef Delray Beach. Coumissioner R. J. Holland further commented that failure ef parents to cooperate in the administration of a c~rfew ordinance would tend to lessen its effectiveness and benefits. Vice-Chairnan James I. Sinks, of the Planning Board, presented and commented on a tentative sketch for the Couuunity Center which will ul- timately tie in with the over-all program. Commissioner Strong Bored for acceptance of the proposed plan together with its recowmended site on the north end ef the City Park, Bleek 132, as submitted, and to instruct the Committee to proceed with the con- struction. Motion was seconded hy Commissioner R. J. Holland and unani- mously agreed. Mayor Warren read the following letter from the Delray Beach Business and Professional Women's Club which organization is opposed te any building in the City Park: August 23, 1957 CITY COMMISSIONEP~, Delray Beach, Plorida Gentlemen: The Business and Professional Women's Club wish to go en record as heing against any building in the City Park. Yours truly, /s/ M S. SUNNY SMITH Corresponding Secretary Mayor Warren stated that, in his opinion, the City of Delray Beach, as a whole, will appreciate the new Community Center, being intended to he a structure of desirable architecture and proper Banagement, and further felt that many objectors would not have been opposed to suc.h construction if they had realized that only approximately 6000 square feet in the north end of the City Park, which comprises approximately 180,0Oe scfuare feet, AUGUST 26th, 19~7. would he required for the 'Center'. The Mayor expressed the appreciation of the Cowmission for the commendable efforts of Vice-Chairman Sinks and the Co~ittee. ~yor Warren read a 'Petition ~or ~nexation' o~ Tropic s~mitted by Se~the~st ~velo~ent Co,ration. Mr. Henry J. Mellon and ~ul ~nder o~ Southcoast Develo~ent Cor~ration assured the Council of havin~ provided for satisFac- tory' drainage and would ulti~tely provide a proof school site, and further stated that a Future drainage syste~ would he ~ssible eas~ard and through Tropic Isle su~ivision to the Inlan~ ~ater- ~e Planning ~ard, through Vice-Ohei~n James I. Si~s, advised of having unofficially checked the plans for the pro,sod develop- ment and layout of Tropic Pa~ and to t~t extent approved the general plan. Co~issioner Strong moved for approval of the "Petition~ ject to amen~ents and ~hanges noted %herein, and reco~men~e~ Acting City Attorney ~cMillan, and its referral to ~he Pla~nin~ Zoning ~rd f~r its study and reco~endatiens concerning the pro~sed ~ning as ~utlined within the Petition, the ~r~ ~e vey its findings, at the earliest ~ssible ~te, to the City Attorney to e~ble h~ te p~e~re an ~rdinance providing for annexation of Tr~pi~ Pa~ for consideration at the next reeler meeting. Motion seconded by Co~issiener ~. J. Holland aha mous ly ~rried. Ci%y ~na~r ~ws~n s~mitted the ~sess~ent Roll ~verin~ the construction ufa sidewalk on the ~s~ Side ~f ~ 8th Avenae, northward fr~m ~ ~nd Street. Co=missioner ~. J. H~lland moved that said Assessment Re11 approved, and advertised in complianoe with the City ~arter, schedulin~ a ~lic Hearing thereon for objections, if .any, ~e offered, at ~he aext reeler ~eeting w~ich will ~ held oa Men~y, Septe~r ~th, at ~ P.M. Motion was seconded by Co~missiener M. ~. Holland and unani~e~ly agreed. ~yor Warren s~itted a letter from A~t'y. J. W. Nowlin where- in re,est f~r city wa~er so,ice was ~de ~n ~half of ~. ~rl Schakel who has recently purchased pro~rty J~t outside the ~i~ limits. Co~issioner Str~ng moved that this request ~ denied in view of established ~li~ for not extending water service ~un~ the city limits. Motion seconded by Co~issioner M. ~. Holland and unanimously carried. Co~issianer Strong suggested that ~. Schakel, along with Joining pro~rty owners, whose lan~ are tendinous to the ~rent cit~ limits, ~ forested to consider ~i~i~ning the City ~f ~lray ~ach for annexation. City ~nager ~wsen read the Planning ~rd's ~e~r~ ef 22nd, concerning the request of Ocean City ~und~ ~ Cleaners a ~it to ~umplete an addition to its The Planning ~ard had considered this te ~ a varian~ ef land use ra~her than a deviation as referred t~ ~ the Co~cil in ~erring this ~tter to the Planning ~r~ during the Co~=il's reeler meeting held on Aunt 12th, 1~. Acting City At%orney Nell E. MacMillan advised the Co~il that, in his opinion, ~he Planning ~ard ~y ~ssibly have ~en ~nf~ed due to the la~k ~f clarifi~tion in Se~i~n 2~-1~ of the Cit~ of Ordinances, in tha~ %he intent of the ~rovisions, contained therein, as reflected in Section X1 thereof, indicates n~ p~lic hearing is necessa~ n~r ~o ~ provided for consideration ef suuh a re,est. Co~issioner S~r~ng, in view of the opinion rendered ~ the City Attorney, moved the% the re~aest for ~it %o complete the tion referred to in the ~tition of Ocean City ~und~ ~ Cleaners be granted. Motion seconded by Co~issiener ~. J. Hollan~ an~ animously agreed. The City Manager then read Ordinance No. AN ORDINANCE ASSUMINg JURISDICTION OVER THE APPREHENSION, TRIAL, HEARINg AND DISPOSITION OF OFFENSES COMMITTED BY PERSONS UNDER SEWENTEEN YF2L~S OF AGE IN VIOLATION OF ORDINANCES RELATINg TO RE- GULATION OF TRAFFIC AND THE OPERATION OF MOTOR VEHICLES; PROVIDIN~ FOR CONDITIONS UNDER WHICH SUCH OFFENDERS SHOULD BE HEARD AND FOR THE IMPOSITION OF PENALTIES IN CONNECTION THEREWITH, INCLUDIN~ THE SUS- PENSION OF DRIVER'S LICENSES; AND PROVIDING FURTHER THAT WHEN IT IS DEEMED PROPER TO PLACE ANY SUCH OFFENDER IN CONFINEMENT, THE CASE SHALL BE TRANSFERRED TO THE /UR- ISDICTION OF THE J1PJENILE COU~T OP PALM BEACH COUNTY, FLORIDA, AND FOR ALL OTHER PURPOSES Rfi~SONABLY INCIDENTAL; AND RE- PEALIN~ ALL OTHER LAWS IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City of Delray Beach, Florida, does hereby assume jurisdiction over the apprehension, trial, hearing and disposi- tion of offenses committed in violation of ordinances of tlxe City of Delray Beach, Florida r®lating to the foliation of traffic and the operation of motor vehicles when such offenses are committed by persons under seventeen years of age, and over which the juvenile ~urt in Palm Beach County, Florida has heretofore been clothed with exclusive juris- diction, as authorimed by Chapter $7-$?7 (House Bill No. llSg), Laws of Florida, Acts of 1957. Section 2. When used in this ordinance, the following de- finitions- ~h~ll apply: (1) 'Juvenile Court' means the Juvenile-court of Palm Beach County, Florida. (2) =M~ni~ipal Court" means the municipal court of the City of Delray Beach, Florida. ($) "Child" means any married ~r mnmarried person ~nder the age of seventeen ~ears, or any person who is charged with a violation of law occuxrin~'~rior to the time that person reached the age of seven- teen years. (4) "Adult" m~ans a person other than a child. (5) "Parent" means the father or mother of a child or the natural mother bet net the natural father of an illegitimate ~hild. If a child has been le~lly adopted, the term "parent" means the adoptive rather than the natural mother or father. (~) "Legal c~stodian" means the legal 9~xardian efa child, or the person who stands in loco parentis to and has the c~stody of a child. (7) "Violation of law" mea~s vi~lation of any ordinance of the city of Delray Beach relating to the regulation of traffic and the opera- tion of motor vehicles. (8) "City" means the City of Delray Beach, Florida. Section $. (1) Any child taken into c-mstody for a violation ef law shall he released to a parent or legal custodian of the child upon agreement of the parent or legal .ustodian to predate tl%e child in municipal court at AUGUST 26th, 1957 such time as the court may, direct. (2) The person taking and retaining a child in ~mtedy shall notify the parents or legal custodians of the child at the earliest practicable time therea[ter. During the time the child is in custody, he shall net under any circumstances be placed in any police or other vehicle which at the same time contains an adult under arrest, nor in a Jail, police station, or other place ef de- tention, except on general or special order of the Judge~ providing, however, where the child is involved in the same offense er trans- action with adults, then such child may Be transported in the same vehicle with the adults so involved. (8) Whenever the person taking and retaining a child in custody is unable, for any reason, to obtain agreement of the parent or legal custodian to produce the child in municipal court at such time as the court may direct, then and in that event such person taking and retaining such child in custody shall, without delay, deliver the child, by. the most direct practicable route, to the juvenile court of Palm Beach County, Florida, or, if the juvenile Judge has so ordered, to a detention home or licensed child caring institution or county or city Jail, within the county or district, designated by the Juvenile judge, and shall at the earliest practi- cable time report in writing to the ~urt the facts by reason of which the child was taken into custody, as provided in Sec. $9.08 (8), Florida Statutes. (4) No child taken into custody shall be finger~rinted or photographed except by special order of the Juvenile court Judge, and no origiRal nor any copy of any so taken shall Be filed or recorded in any place other than the Juvenile court of Palm Beach County, Florida. Section 4. The Jurisdiction of the municipal court shall attach to 'the 'chi"l'd and case when the child is taken into custody for any violation of law within the scope ef this ordinance. Section.. 5, (1) Process and procedure shall Be identical as that followed for violations of law co~itted By adults, except that the age of the child shall Be alleged therein. The hearing upon the charge or charges brought against the child shall be held as soon as practicable after the same are filed, but reasonable delay for the purpose of investigation or procuring counsel upon recpaest of the child or a parent or legal custodian of the child shall, whenever practicable, be granted. (2) Hearings shall be conducted in an informal manner By the municipal Judge, applying the rules of evidence in use in equity cases in circuit courts, and adjourning the hearing from time to time as necessary. It shall not be necessary to the validity ef any hearing concerning a child that the parents or legal custodians be present; however, only the child involved in the case, the parents or legal custodians of the child, their attorneys, and sucuh other 9arsons as they may request or the municipal Judge may direct, shall be permitted to be present. Hearings in cases involving more than one child may be held simultaneously where the several children involved are related to each other or were involved in the same transaction. The child and the parents or legal custodian of the child may be examined separately and apart from each other. Se ct ion ...6. (1) If the municipal Judge shall find that the child named in the charge or charges filed is not guilty of the violation of law therein specified, the Judge shall enter an order so finding and dismissing the case. 241 AUGUST 26th, !9~7. (~.) If the municipal Judge shall find the child named in the charge or charges to be guilty of~i the violation of law Specified therein, then the municipal court shall have the power, by order, to: (a) Impose reasonable fines, costs of court, probation, and the suspension of any driver's license issued to such child, and the observance of any other special conditions which the judge of such court-~ay legally impose under the charter and ordinances of the city. In disposing of any such case, the municipal court ~ay also require any such child to attent the sessions of any school con- ducted for the instruction of motor vehicle drivers in Palm Beach County, Florida. (b) If it should appear necessary or desirable, in the discretion of the municipal judge hearing any such case, for any child to he detained or ordered confined for any period of time in lieu of any other type of penalty or punislunent, then in that event such case shall be transferred to the Jurisdiction of the J~venile court, which court may thereafter hear and dispose of the same ab initio, and such offender shall be forthwith delivered to the proper officials of such Jevenile court, and a report of the proceedings had in municipal court be made in writing to the said juvenile court. In. disposing of any such case, the municipal judge may exercise the right to suspend the driver's license of any such child for such time and under such conditions as may be within the dis- cretion of the Judge hearing and disposing of such case. SectAon 7- Upon adoption of this ordinance, the City Clerk shall promptly f'ile a true, correct~ and certified copy hereof with the Clerk of the Juvenile court of Palm Beach County, Florida, as evidence that the City has elected to take jurisdiction of the specific violations of law herein described. Section 8. Ail ordinances or parts of ordinances in con- flict herewith are hereby repealed. Section 9. This ordinance shall take effect immediately upon becoming la~. PASSED AND ADOPTED in Regular Session this 26th day ef August, 1957. ~eor~e V. Warren " Ma or ....... Attest: /S! R. D. Worthin, City Clerk First Reading Au~st~ 12.. 1957 .Se.cond.. Reading .Au~lst 26. 1957 PASSED & ADOPTED August ~.6~L 1957 Commissioner R. J. Holland moved that Ordinance No. ~-269 be passed and adopted on this second and final reading thereof. Motion secon- ded by Commissioner M. [. Holland and unanimously carried. City Manager Lawson read the proposed Ordinance No. G-270, prepared, in the main, from similar ordinances which have been in effect within West Palm Beach and Lake Worth for a number of years. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDIN~ FOR THE APPOINTMENT OF A BOARD OF EXAMINERS~ P~ESCRIBIN~ THE RI~TS, POWERS, DUTIES, OBLIGATIONS AND f~INCTIONS OF SAID BOARD; PROVIDIN~ FOR THE REGISTRATION OF CERTAIN CONTRACTORS, SPECULATIVE BUILDERS AND FEES THERHOF~ PROVIDING REGULATIONS OF THE BUSINESS OF CON- TRACTIN~ AND SPECULATIVE BUILDIN~ WITHIN SAID CITY~ PRO- VIDIN~ PENALTIES FOR THE VIOLATION OF THIS ORDIN~LNCE~ REPEALIN~ ALL ORDINANCES IN CONFLICT HEREWITH, AND PRE- SC~IBIN~ THE EFFECTIVE DATE OF THIS ORDINANCE. 242 Commissionor R. J. Holland moved that Ordinance No. G-270 be placed on first reading. Motion seconded by Commissioner Strong and unanimously agreed. Commissioner R. J. Holland moved that the prepared Resolution No. 1067, providing for the execution of contract with Smith & Gillespie, concerning the Water Works Improvements, be tabled until after Sale of Water Revenue Certificates has been effected. Motion seconded by Commissioner Strong and unanimously carried. City Manager Lawson presented a request from the Planning Board, dated Aug-ust 29., 1957, wherein the Board recommends that Para. 9., Article C, of Section 7 in the Zoning Ordinance for the City of Delray Beach, Florida, be changed to read as follows: "WHERE A LOT OR PARCEL OF LAND HAS AN AREA OR WIDTH LESS THAN THE ABOVE AND WAS A LOT OF RECORD AT THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE, SAID LOT MAY BE USED FOR A ONE OR TWO FAMILY DWELLING PROVIDED THE MINIMUM SIDE, FRONT AND REAR YARD Rt~QUIRE- MENTS AS SET FORTH HEREIN ARE CONFORMED WITH," authority for such change being outlined in Section 16 of the Zoning Ordinance. Commissioner Strong moved that the City Attorney be instructed to prepare an Ordinance providing for the "Change" in Para. 2, Art- icle C, Sec. 7, of the Zoning Ordinance for the City of Delray Beach, Florida, as recommended by the Planning Board in their recr~est of August ~.2, 1957. Motion was seconded by Commissioner R. 3. Holland and unanimously agreed. Mayor Warren referred to the proposed sale of the Golf Course and the various news items referring to petitions reflecting ob- jections to such proposed sale, though he had not been shown any such petition. Commissioner R. 3. Holland moved that the proposed disposal of the Golf Course continue in procedure as l~rovided for in Resolution No. 1065 SUB3£CT to the following "Amendment"8 "That prior to cons~w~tion of sale being effected, the proposed acceptance, by the City Council, of the highest bid received, be referred to the 'Freeholders' for approval, by Referendma." Motion was seconded by Commissioner M. K. Holland and unanimously =arried. Commissioner Strong moved that the proposed sale of the City Hall property including the adjacent parking lot, together with the city owned parking lot on the east side of SE 5th Avenue, across the street from the City Hall, as well as the old Civic Center pro- perry, be submitted to the "Freeholders" of Delray Beach on the November Primary Election, for an opinion. Motion seconded by Commissioner R. 3. Holland and unanimously agreed. Commissioner Strong moved that Bills in the amount of $31,676.54, sub~.itted by the City Manager, be paid subject to the approval of the Finance Committee. Motion seconded by Commissioner R. J. Holland and unanimously carried. City Manager Lawson presented two (2) 'Applications' for Removal of the following: 1. A two-Story Frame House to Lot 1SA, Block 1, Delray Beach, Fla. Z. A frame house to Lot (6) in Block 21, Delray Beach, Florida. Upon the report of the Building Inspector that NO objections had been received as a result of informing property owners in the general area, of said locations, that such applications had been made, Commissioner R. 3. Holland moved that said two (2) requests for re- moval of houses be granted. Motion was seconded by Commissioner M. ~. Holland and unanimously agreed. City Manager Lawson presented a bill from Elliott Gross & Asso- ciates, in the amount of $611.00, for services rendered in Survey and related Field Work concerning plans for possible Bulkhead Line along the Atlantic Ocean between the north and south limits of the city, which work had been authorized at the Council's meeting held on August 15, 1956. The City'Manager further informed the Council that following correlation of the Survey data obtained from the services of Elliott Gross & Associates with the County Engineer's Office, definite re- commendations regarding final establishment of a bulkhead line will be made, whereupon Commissioner Strong moved that said bill of Elliott gross & Associates, in the amount of $611.00, he paid from Unappropriated Surplus. Motion was seconded by Co=~issioner R. $. Holland and unsnimously carried. Commissioner Strong moved that the bill of Samuel O~ren, in the amount of $125.00, for architectural services rendered in connection with plans for the Bath House Facilities at the public beach in Palm Beach Shore Acres, be paid. Motion seconded by Cowmissioner R. $. Holland and unanimously carried. City Manager Lawson advised the Council of having contacted the Palm Beach County Public School Board, through Mrs. Hand, local Board Member, concerning possible annexation of Seacrest High School property, and while no definite decision has Been reached, the Board will Be happy to consider such annexation. Commissioner Strong requested the City Manager to arrange a meeting with the Beynten Beach Council for a mutual discussion and exchange of the feelings of both Councils regarding this matter. The Acting City Attorney suggested that possibly Boynten Beach and Delray Beach might resolve to share the expense of servicing this property in view of the fact that there would he no Tax Revenue in any event, this being County School Board property. The City Manager informed the Council that he had investigated the various steps and procedures concerning the Lot Clearing Pro- gram involving Mr. F. V. MacFarlane's property in the Village and found all procedures, as required hy the City Charter and Ordinance No. G-147 of the Code of Ordinances, to have been properly and legally effected, the low bid for clearing of the property accepted and said cost thereof, upon completion of the clearing, being assessed against the property. Conuaissioner Strong moved that the request of Mr. P. V. MacPar- lane, for adjustment of the Lot Clearing Assessment lien against his property, be denied as a result of the City Manager's findings. Motion was seconded by Commissioner M. K. Holland and unanimously agreed. Adjourned. /S! ~i~D~ W0rthinaclerk APPROVED: Mayor 244