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05-14-56 }~Y 14th, 1956 A Regular Meeting of the City Commission was held in the Commission Chambers at 7:30 P. M., with Mayor Mike Yargates in the Chair, City Manager W. E. Lawson, Jr., City Attorney John H. Adams and the following Commission Members being present; Catherine E. Strong, W. J. Snow, Emory J. Barrow and Howard Lee Cromer, the full Commission being present. An opening prayer was delivered by ~ev. J. T. Hayes. Commissioner Strong moved that the Minutes of Meetings held on May 4th, 10th and April 23rd be approved as corrected. Motion seconded by Commissioner Cromer and unanimously carried. Hr. Deutchman, consultant and designing engineer, then presented a revised sketch showing his recommended grade beam installation for the Sea tiay Cabana Club. Following considerable discussion by the Commission with Mr. Deutchman and ~obert Blake relative to the proposed grade beam construction~ the majority of the Con~nission Members believed such type of installation resembled a modified bulk- head to which they were opposed. Commissioner Snow moved that this proposed grade beam installation be referred to the Planning Board for its study and recommendation. Motion was seconded by Commissioner Cromer and unanimously carried~ and the City Manager was instructed to confer with the Planning Board and to make every effort toward having Mr. Stephen Middleton, County Engineer, participate in the meeting of the Planning Board in its consideration of this matter. The City Manage~r then read a letter, dated May 3rd, from Palm Beach County R/W Agent, Pomeroy L. Dunbar, with reference to progress o£ the County Conm~ission relative to creating the proposed ~/~ for "Lake Ida ~oad", an extension of N~ 4th Stree~ sald letter being accompanied by the Co,~nty Commission's tentative l(/~ map showing Lake Ida ltoad, as prepared by George S. Brockway. Mr. Dunbar had executed a CHD No. 1 l(ight-Of-Way Deed for a strip of land, approximately 80 feet wide, running in a gene~rally north-westerly direction from the SE Corner of the SE~ of Lot 5, Section 8, Twp. 46S, l{ge. 43E, to the of said parcel of land, identified as the SE2 of Lot 5-46-43 and owned by the City of Delray Bea, ch, Florida, this DEED to transfer said strip of land, for ~/W purposes in forming a part of, and to be incorporated in, the proposed "Lake Ida liOa d", Commissioner Snow then moved that the City of Delray Beach, Florida, dedicate the above described strip of land by official execution of the ~/W Deed submitted Mr. Dunbar on behalf of the County of Palm Beach, in conformance with the charter of the City of' Delray Beach. Motion was seconded by Commissioner Barrow and upon call of aoll, Mayor Yargates and Commissioners Snow, Barrow and Cromer voted in favor thereof, Conm~issloner Strong being opposed. Mrs. Jewel M. Courtney addressed the Commission on be- half of the Community Chorus, of which group Mrs. Courtney is President, requesting support and aid, to any possible extent, for the promotion of Community Chorus as a Civic project and Community Sing. Commissioner Strong moved that the Community Chorus be granted the use of the Band Shell and that the City Manager extend any possible aid toward furnishing a platform and Chairs for such program during the remainder of this fiscal year and to possibly work this worthy civic project into next year's aecreation Program. Motion was seconded by Commissioner Cromer and unani- mously carried. MAY 14th, 1956 Mr. George Talbot, Jr., having experienced rather of an unpleasant season, just passed, due to the "Noises" of con- struction from the Grosvenor House adjacent to the Talbot House, submitted a copy of Chapter 18, Sections i through 19, taken from the Ordinances of the Town of Palm Beach, and under the Ordinance pertaining to "Noises". Commissioner Strong moved that this matter be referred to the Planning/Zoning Board for its study and recommendation. Motion was seconded by Con~nlssioner Barrow and unanimously carried. City Manager W. E. Lawson, Jr., informed the Commission of having received a "Renewal Maintenance Contract" for the elevated water tanks, recommending, however, that before entering into any renewal contract, in view of the apparently very good condition of the tanks, it might be well to obtain an opinion from Smith & Gillespie as to their recommendation regarding amount, type and frequency of scaling, painting and general maintenance of these tanks. Cormmissioner Cromer moved for acceptance of the City Manager's recommendation and to refer this matter to Smith & Gillespie for whatever advice they might care to offer. Motion was seconded by Commissioner Barrow and unani- mously carried. Commissioner Snow moved that the Ordinance No. 212,. to- gether with a letter dated April 20th, from Shutts, Bowen, Simmons and Prevatt, concerning their client - The Royal Palm Ice Co., be tabled for further study. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Cromer moved that the zoning c, hange reque~ of Mr. Dewey Morris be referred to the Planning/Zoning Board. Motion was seconded by Commissioner Barrow and unanimously carried. Booth-Westerman, Inc., developers of "Delray Isle", had requested of the City Commission, through the City Manager, the adoption of a "NO WAKE" type of ordinance, pertaining to the waters of the Intracoastal Waterway, limiting the oper- ation of boats therein. The Commission agreed to table this request for study and to obtain ordinances pertaining to such activity from other Florida to~ns and cities. Commissioner Barrow withdrew his previous motion that this request be referred to the City Manager and Police Chief. The City Manager then informed the Commission that this Meeting of May 14th, had been scheduled as the day and hour for hearing objections, if any, to the clearing, Grading, and Base Construction of the following projects, previously authorized by ~esolutiOns indicated below: Nes. ~999 - SW 12th Ave., between Atlantic & 2nd Street " 1000 - NW 7th Ave. between Atlantic & 1st Street; and " 1001 - SW 3rd Ave. between First & Second Streets: There being NO objections offered relative to the three identified street improvement projects, Commissioner Strong moved for adoption of ~esolution No. 1003 - KESOLUTION NO. 1003. A ~ESOLUTION 0F THE CITY COM2MISSION OF TH~ CITY OF DELRAY BEACH, FL0~tII)A, AUTIIOttlZING THE CITY ~L~NAGE~ TO PttOCEED WITH THE CLEARING, GiiADING AND CONSTUCTiON OF BASE ON SOUTtl WEST TWELFTH AVENUE~ BETWEEN ATLANTIC AVENUE AND SECONI~ STKEET, TO A WIDTH OF TWENTY-SIX (26) FEET. I [[ ..... [[[ nn[ [ [ ~IAY 14TH, 1956 WHE~, the City Commission of the City of Delray Beach, Florida, did on the 23rd day of April, 1956, determine to pro- ceed with the clearing, grading and construction of base on South West Twelfth Avenue, between Atlantic Avenue and Second Street, to a width of twenty-six (26) feet, and ~tlE~EAS, the ~esolution providing therefor has been duly published as required by the City Charter, together vith a notice that objections to said improvement would be heard on this date, and, ~iiE,tEAS, no sufficient objections have been made to such proposed improvement, NOW, TIIE~EF0dE, BE IT ~SoLVED by the City Commission of the City of Delray Beach, Florida, that the City hanager be and he is hereby instructed to proceed with the clearing, grading and construction of base, on South West Twelfth Avenue, between Atlantic Avenue and Second Street, to a width of twenty-six (26) feet, according to the ~lans and specifi- cations heretofore filed with the City lerk, and a copy thereof filed in the office o£ the City ~anager and kept open for the inspection of the public. PASSED in ~egular Session on this the 14th day of ~ay, A. D., 1956. /$/ }like Yargates 51AYOH AT TLS T: /Sl ~. D. ~'ort!~ln~ City Clerk and KES~L~TI~N NO. 1004. A iiESOLUT1ON OF TIlL CITY CO}}ilSSION OF THE CITY OF i~[/~,[AY BEACH, ~L0~IDA, AUTIIOitlZING THE ti'fY }iANA(;,t~t TO PitOCEEO WITIt T[~ fLEA,lING, GrCaDING AND CONSTrtUCTION OF BASk ON NO~iTIi IfEST SEVENTH AVENUE, BET~EN ATLANTIC AV~,NUE AND FIiiST ST~tEET, TO A WIDTH 0F T~ENTY-SIX (26) FEET. ~t~tEAS, the City Commission of the City of Delray Beach, Florida, did on the 23rd day of April, 1956, determine to pro- ceed with the clearing, grading and construction of base on North West Se*enth Avenue, between Atlantic Avenue and First Street, to a width of twenty-six (26) feet, and ~HEIiEAS, the i/esolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on this date, and, WhEitEAS, no sufficient objections have been made to such proposed improvement, NOW, TH~tEF0}LE, BE IT KESOLVED by the City Commission of the City of Delray Beach, Florida, that the City Hanager be and he is hereby instructed to proceed with the clearing, grading and construction of base on North West Seventh Avenue, between Atlantic Avenue and First Street, to a width of twenty'six (26) feet, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof MAY 14TH, 1956 filed in the office of the City Manager and kept open for the inspection of the public. PASSED in iiegular Session on this the 14th day o£ May, A. D., 1956. /S/ Mike Yargates MAYOR ATTEST: /S/ R. D. Worthing City C'lerk and tlESOLUTION NO. 1005. A ~tESOLLTTION OF THE CITY COHHISSION OF THE CITY OF DELilAY BEACIi, FL0~iIDA, AUTtI0~IlZING-TIlE CITY MANAGER TO P~OCEED WITH THE CLEA~ING, Gi/ADING AND CONSTitUCTION OF BASE ON SOUTH VEST THIHD AVENUE, BETWEEN SOUTH WEST I~I~ST AND SECOND STREETS, TO A WIDTH OF TWENTY-SIX (26) ~3EET. WhEI~AS, the City Commission of the City of Delray Beach, Florida, did on the 23rd day ~of April, 1956, determine to pro- ceed with the clearing, grading and construction of base on South Vest third Avenue, between South Vest First and Second Streets, to a width of twenty-six (26) feet, and WHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on this date, and, WhEi&AS~ no sufficient objections have been made to such proposed improvement, NOW, THE~F0t~, BE IT ItESOLVED by the City Commission of the City of Delray Beach, Piorida, that the City Manager be and he is hereby instructed to proceed with the clearing, grading and construction of base on South Vest Third Avenue, between South Vest First and ~econd Streets, to a width of twenty-six (26) feet, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Manager and kept open for the inspection of the public. PASSED in Regular Session on this the 14th day of May, A. O., 1956. ___/S/ Mike Yar~ates MAY 0 ~ ATTEST: City Clerk Commissioner Snow seconded this motion which carried unanimously. City Manager Lawson, Jr., then read ~esolution No. 1007; ~Y 14T~, 19D6 ItESOLUTION NO. 1007. A t/~SOLtJTION Ob' THb~ C1TY CO~II~IlSSION OF' THL CITY OB DELi~Y BRACH, b~O~tlDA, P~tOV1NG THE Tt~SFL~, S~ AND EXCHANGE OF CERTAIN L~NDS OgNED ,$Y THE CITY FOR O~l~E~t L~DS ~10~ SUITED FOit HUNICIP~ USE. ~'tiEI~AS, GEO~tGE L. ~OSKINS aND VIVI~hN S. HOSKIN~, his ~ife, are purchasing Ali of ~lock 50, City of I)elray ~each (formerly Linton), Florida, as per plat thereof on File in the office of the Clerk of the Circuit Court in and for Palm Beach County, ~iorida, recorded in Plat Book 1, Page 3, and ~tEAS, GEOKGE L. HOSklNS and VIVIAN S. HOSKINS, his wife, have requested the City of Delray Beach, Florida, to swap and exchange ~th them For the above described property, the Following described property o~ned by ~e City of Delray Beach, t'lorida, said property being described as Follows, to-~t: Lot 20 in the subdivision of Section 20, Township 46 South, ~ange 43 East, Palm Beach County, ~lorida, and gt~Et~EAS, the City of Delray Beach, t~lorida, has dete~ined bv competent real estate appraisers, the ~spective property values, and, ~i~i~S, it has been determined that the Fair value the said Hoskins property is ~20,9000.00, ~d, ~EI~AS, it has been dete~ined that the Fair value the said m~nieipally owned property is ~16,000.00, an~, ~I{~I~AS, it is dete~ined by the City that the Hoskins property is more strategically located For municipal use and further, it is determined by the City that it is desirable to obtain a road right of way over and across the Following described properties which are o~ned by the said Hosklns', namely: Tract No. 1. The southerly ~ Feet of Lot 20 in the '~ubd'i'vi'siOn of Section 20, Township 46 south, i~ange 43 east, Palm Beach County, ~'lorida, and, Tract No. 2. The southerly 60 feet of the ~'est one- half of Lot 28, in the subdivision Township 46 South, ~ange 43 East, Palm Beach County, Florida, and, gH~t~AS, G~oitG~ L. HoSKINS and VIVI~N S. HOSKINS, his wife, as a part of this transaction, have agree~ to convey and dedicate the above desired road rights of ~ay as indi- cated in Tract No. 1 and Tract No. 2~ NOR, I'H~H~'OR~, B~ IT ~SOLVkD by the City Commission the ~ity of Delray Beach, Florida, that the City or Delray Beach, Florida, convey to G~OttGE L. HOSKINS and VIVI~N S. IIOSKINS, his wlfe, without cost to it, the Following described property: Lot 20 in the subdivision of Section 20, Township 46 South, ~tange 43 East, Palm Beach County, Florida, in exchange For the conveyance by G~ORGE L. HOSK1NS and VIVI~ S. HOSKINS, his ~ife, to the City of Delray Beach, Florida, the following described ~roperty: MAY 14TH, 1956 All Of Block 50, ~ity of Delray Beach (formerly Linton), Florida, according to the plat thereof on file in the office of the Olerk of the Circuit Court in and for Palm Beach County, ~'lorida, recorded in Plat Book l, page 3 · both of said conveyances being without cost to said City and both of said conveyances being insured by a reputable title insurance agency doing business in the Palm Beach County area; as well as the dedication by the said GEOitGE L. HOSKINS and · V1VI~hN S. HOSKINS, his wife, to the City of Delray Beach· Florida· of a road right of way over and across Tract No. 1 and Tract No. 2. BE IT FUH~I~t ~SOLVED that the appropriate municipal officials are hereby authorized and directed to enter into appropriate contracts and execute deeds of conveyances in compliance with this resolution. PASSED ANO AL~PTEI) by the bity Commission of the City of Delray Beach, Florida, this the 14th day of May, A. o., 1956. /S/ Mike Yargates M'A Y 0--~ ATTEST: /,~S/ ii. O. ~orthing City Cl~rk ! hereby certify that this resolution is an exact con- formed copy of the resolution passed and adopted by the City of Delray Beach~ ~'lorida, ~ MUnibipal Clerk Commissioner Cromer then moved that i{esolution No. 1007, providing for transfer of City owned Lot ~0, Section ~0-46-43 for Block 50, Delray Beach, in accordance with terms and conditions of transfer as outlined in ~lesolution No. 1007. Motion was seconded 'by Commissioner Barrow and unanimoulsy carried. City Manager Lawson then read the "i~eport" of the Planning Board, dated May 13th - 1. The Gerico Inc., request for e~tension of C-2 in that part of Lot 4, Sec. 9-46-43, lying East of the Federal Highway· which part is owned by Gerico, Inc., "The ~oard recommends that the C-2 zone be extended to the east line of the Gerico property, and that the east twenty- five feet of said parcel of land be deeded to and accepted by the City of Delray Beach, and that the owner assume to costs of Raving a minimum of ll feet width alonM east line". Commissioner Barrow moved to accept the recommendation of the Planning/Zoning Ooard and authorize C-2 Zoning recognition of that property owned by Gerico· Inc., and lying within Lot 4· Sec. 9-46-43, in accordance with Ordinance G-234, Sec. 13, Par. 5. Motion was seconded by Commissioner Snow and unani- mously carried. 2. RE. ~ad~plication for acquisition of county owned lands. "The Board recommends that steps be taken toward acquisition of anyavailable lands for public purposes, ~bkY 14Tii, 1956 , with specific uses to be determined at a later date, and in consultation with the Planning/Zoning Boards of' the communities involved". Commissioner Cromer moved for acceptance of the recom- mendation of the Planning Board in ~elray Beach and adjoining towns seeking County owned land in the Lake Ida area for public uses without mention of any specific land use. Motion was seconded by Commissioner Barrow and unanimously carried. City Manager Lawson presented Bills for approval in the total amount of $70,519.48. Commissioner Barrow moved that said Bills be paid subject %o the approval of the Finance Committee. Motion was seconded by Commissioner Cromer and unanimously carried. Commissioner Strong moved for acceptance, with regret, of the resignation submitted by Mrs. W. Cottingham Allen as Chairman of the pool Committee, and recommended that Mr. iialph Priesmeyer be appointed to the Chairmanship of said Committee. Motion was seconded by Commissioner Barrow and unanimously carried. The City Clerk was instructed to send a letter to Mrs. Allen expressing the appreciation of the City Commission the sincere effort and services rendered. The City Manager informed the Commission of having received the following Bids for the grading, r'ockin.~ and Plant Mix sur- facing of the Basketball Courts at Teen 'iown Center; Bert B. Boldt ~1,780.00 Jack k. Carver, Inc. 1,528.00 Hardrives of Delray, Inc. 1,865.00 Commissioner Strong moved that contract be awarded to low bidder, Jack E. Carver, Inc., for conditioning the Basketball Courts at Teen iown Center, in accordance with specifications called for by Mr. C. Spencer Pompey. Motion was seconded by Commissioner Snow and unanimously carried. Mr. & Mrs. ~obert Tetzloff, of 1124 Ocean Terrace, com- plained of the unsanitary conditions concerning vacant land adjoining their property, as well as the infestation of snakes and rats. The lots in question had been included in a prior "Lot Gleaning Project" but had not complied with the order to abate the nuisances thereon as ordered by itesolutions 979 and 989. Commissioner Barrow moved that the City Manager proceed with the clearing of certain Lots, ordered to be cleared br the Resolutions shown in the preceeding paragraph and which hmve not complied therewith, in accordance and conformance with said Hesolutions, assessing the respective property owners of Lots cleared by the City. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Barrow moved that the letters from Tolar & Bethel, regarding "Tropical Isle D~velopment" be referred to the Planning/Zoning Board for its Study and recommendation. Motion was seconded by Commissioner Cromer and unanimously carried. City Manager Lawson then read a letter from the Board of Public Instruction, Palm Beach County, wherein they protested the ~ssessment of ~arbage charge. Commissioner Strong moved for abatement of Garbage Fees to all Schools in the Delray area, Motion was seconded by Commissioner Cromer and unanimously carried. The ~ity Manager submitted an application for deviation con- cerning Lot 6, Block 1, Totterdale S/D. Commissioner Barrow moved that said deviation request be referred to the Planning/Zonin~ Board for consideration. Motion was seconded by Commissioner Cromer and unanimously carried. ~AY 14TH, 1956 City Hanager Lawson then read Bids having been received for 600 Ft. 2-~ 12~ inch Fire Hose 100 Ft. inch P~lre Hose Commissioner Barrow moved to reject all bids, Pc-write the specifications for best grade Hose of National Manufacturers and request bids therefrom of "top brand names" only. Motion was seconded by Commissioner Snow and unanimously carried. The City Manager informed the Commission that the motor servicing one of the large pumps at the Water Plant had burned - out and seriously reduces water supply. However, it was hoped that the motor could be repaired and returned to service in three or four days. HEETINu ADJOUF,.NED. /S/ R.,,,,~. Worthing , city Clerk APPROVED: