09-24-56 SEPTEMBER 24th, 1956
A Regular Meeting of the City Con~nission was held in the
Commission Chambers at 4:00 P.M., with Mayor Mike Yargates in the
Chair and the following Commission Hembers prespnt; Catherine E.
Strong, W. J. Onow, Emory J. Barrow and floward Lee Cromer, a full
Commission being present. Also present were City Hanager W. E.
Lawson Jr., and City Attorney John It. Adams.
Commissioner Snow moved that the Minutes of the September lOth
meeting be approved as written. Motion was seconded by Commissioner
Barrow and unanimously carried.
Mr. Robert Blake appeared on behalf of the Delray Beach Play-
house to discuss leasing of City owned land, south of S. E. loth Street,
upon which sald Group desire to construct a bullding suitable for
the needs of the Playhouse activity as well as being designedfor
various use~, ali of which are considered to be advantageious to
the City of Delray Beach. Following a general discussion on this
matter it was agreed that the Commission meet with the Board of
Directors for the Playhouse Group on Thursday at 4:00 P.M. in an
effort to work out some agreement that might be satisfactory and
beneficial to both the City and the Playhouse group.
Att'y ~hea Whltley appeared on behalf of Hr. & Hrs. L. B.
Harrison, registering a complaint relative to re-modeling
activities of Sea-Ray, 1nc., at the Seagate Cabana Club which appear
to exceed the permit granted as per the minutes of regular Commission
Heating held on May 2$th, 1956.
The Commission, desiring to check into this matter, agreed to
meet with Att*y. ~hitley, as well as representatives of the Sea-
~ay Corporation, concerning Seagate Cabana Club, on Thursday at
5:00 P.M.
Following the suggestion of Con~nissioner Cromer, the Commission
agreed that, in the best interest~ of the City of Delray Bemch,
Florida, all plans, sketches and prints hereafter approved by the
Commission, tentatively or otherwise, be properly marked for
identification.
City ~anager Lawson informed the Commission o~ having re-
ceived the following BIDS for opening, grading and paving that part
of SoW. 6th Ave., lying between Germantown Road and Spofford St:
Jack Carver ~3,168.16
Hardrive s, Inc., 3,394.72
Commissioner Strong moved that Contract, for said opening,
grading an~ paving, be awarded to the low bidder. Motion was
seconded by Commissioner Cromer and unanimously carried.
The City Manager further advised of having received the
following BIDS for re-surfacing ~fl~e Sidewalk, approximately one
mile, on the east side of Ocean Blvd., along the public beach:
Jack Carver ~,800.00
llardrives, Inc., ~,050.80
B. B. Boldt ~3,273.82
l-~ubin Constr. Co., ~3,995.00
Commissioner Cromer moved that Contract, for said sidewalk
resurfacing, be awarded to the low bidder, and that the City
Hanager be instructed to provide for completion of said Contract
not later than October 20th, 1956. Motion was seconded by
Con~issioner Strong and unanimously carried.
City ~anager Lawson then recommended that u~med funds in the
current Budget in a General Fund account be used for this purpose
rather than appropriate funds from "Unappropriated Ourplus~*, to
which the Comm~ission agreed.
176
SEPT~I~IB~ ~It~ 1956
The Merchants of Delray Beach in conjunction with the
Merchants Division of the Chamber of Commerce approved a city
wide sale on October 15~ 19~ 20 and 22nd, and requested FRLE
PARKING during this period.
Commissioner Snow moved for approval of lhe Merchants request
andgranting of Free Parking for said period. Motion was seconded
by Commissioner Strong and unanimously carl-led.
The Commission agreed to accept the recommendation of Police
Chief R. C. Croft and extend the ~Free Parking" privilege~ on the
City Parking Lots, to November lst~ 1956.
Resolution No. 1022, passed and adopted on August 27th~ lg56,
in part provided that the City Commission would sit on September 24th,
1956, for the purpose of allowing owners of lots identified therein
to show cause, if any, why the "Nuisances" as outlined therein
should not be abated.
There being NO objections presente~, concerning Resolution
No. 1022, the City Manager then read Resolution No. 1026:
RESOLUTION NO. 1026
~t~SOLUTION RE~UI~{ING OWNEi{S OF CEi[TAIN D~S-
CI~IB~D LANDS TO 'ABATE NUISANCES TIIE,~ON OR
BE ASSESSED COST Ti1E,I.EOF I~qOl( ABATENENT BY CITY.
WIIEIIEAS, the City Co~mission did, in regular session held
on the 27th day of August~ 1956~ enact a resolution declaring the
existence of a nuisance upon certain lots or parcels of land for
violation of Chapter 15 of the City Code and Ordinance G-147;and
WHE, d~AS, pursuant to said resolution, the City Clerk of the
City of Delray Beach, Florida, did furnish each of the owners of
the lands therein declared nuisances with notice that the City
Commission would sit on September 24th, 1956, at 4:00 o'clock P.M.
at the City Hall in Delray Beach~ Florida, for the purpose of
allowing said owners to show cause, if any, why said nuisance de-
scribed in said resolution should not be abated; and
WHE~d/AS, pursuant to said resolu%ion~ the City Commission
of the City of Delray Beach, Florida, did on September 2,1th, 1956,
at 4:00 o'clock P.M. at the City Hall in Delpay Beach, Florida,
hold the hearing provided for in such notice, and did consider
such reasons and facts as were presented by the owners of said
lands, and such other material and pertinent evidence as was ad-
duced before it.
NOW~ THE~if;FO~E, BE IT ,IESOLVISD that the existence of a
nuisance for the reasons hereinafter set forth~ be and the same
is hereby adjudged upon the following lands in the City of Oelray
Beach~ Florida, to wit:
(* See Nature)
Sec. 15-2,
15-3, 15-4
Chapt. 15,
Yiolation
O~,~Eit ADD,tESS LOT, BLOCK & S/D. C. it~ Code
Wray & ~ilma 18061 Santa Barbara Lot 10 & S 33.3' 2 & 4
Bailey Detroit 21, Mich. of Lot ll.
Seabreeze Park
Mrs. Josephine Elizabethtown ice & Lot 1 & S 25' 2 & 3
H. Brown lee Cream Co. of Lot 2.
Elizabethtown, Ky. Ocean Breeze Est.
(*See Nature)
SEPTE}~ER 24th, 1956 Sec. 15-2,
15-3, 15-4
Chapt. 15·
Violation
OWNEtt AD0~[ESS LOT, BLOCK & S/D. City Code
George W. Talbot, 125 N. Ocean Bird. Lot 4 2 & 3
Jr. Delray Beach, Fla. Ocean Breeze Est.
Frederick C. & c/o First Nat'l Bank Lot 16 2 & 3
Esther Muddiman Hollywood, Fla. Ocean Breeze Est.
R. E. McCabe Box 346 W 300' of Lot 9· 2 & 3
Cha~-leston, W. Va. & Lot l0 Less
E 300' ·
Ocean Beach Lots
Frederick C. & c/o First Nat'l Ban{.: Lot 8 & S 5.5 of 2 & 4
Esther Muddiman ttollywood, Fla. Lot 7·
Ocean Beach Lots
Florence B. 1435 W. 27th St. W 200' of N 60' 2 & 4
Jowett Sunset island #2. of S 65.5' of
Miami Beach, Fla. Lot 7.
Ocean Beach Lots
Harry O., Jr. & 5 S. E. 5th Avenue Lot 46, 2 & 3
liope H. Watts Delray Beach, Fla. Delray Beach
Esplanade
Beatrice S. 321 Grey Park Ave. Lot 3, 3
~itter Amsterdam, N.Y. Sea ~pray Est.
Frederick C & c/o First Nat'l Bank Lots 1, 2 & 3, 3 & 4
Esther Muddiman ttollywood· Fla. Vista Del liar
F. V. & Margaret Box 852 Lot 2· Bleck D. 3 & 4
P. MacFarlane Delray Beach, Fla. The Village
* Nature of Nuisance Specified: "2" means there is a collection
of water or trash in which mosquitoes are likely to breed. "3"
means there are trees· debris· or vegetation· which· by reason of
height, proximity to neighboring structures or physical conditions
are hurricane hazards; "4" means there are weeds exceeding 18 inches
in height· and which either exhale obnoxious odors or constitute a
likely source of disease or physical distress .to human beings.
AND· BE IT FURTftER ~SOLVED that the City Clerk of the
City of Delray Beach, Florida, furnish each of the owners of the
lands hereinabove listed and described with a copy of this reso-
lution at their last available address within ten (10) days from
the date this Resolution is adopted.
A~ND, BE IT FUiiTtiEtl HESoLVED that each of said owners be and
they are hereby notified that they are required to abate the
nuisance hereinabove adjudged and specified within thirty {30)
days from the receipt of a copy of this resolution; otherwise, in
default thereof, the City of Delray Be~ch, Florida, w~11 enter upon
said lands and abate the said noisance hereinabove specified and
will levy the cost of such work as an assessment against the proper-
ty hereinabove described.
APPROVED this 24th day of September, 1956.
· -- M A Y]3 R--
SEAL
A'rTEST: frS/ R.D. Worthing
City Clerk
S~PTE~Eit 24th, 1956
Commissioner ~now then moved that Resolution No. 1026 be
adopted. Hotion was seconded by Conenissioner Barrow and unanimously
carried.
City Manager Lawson then informed the Commission that this day
had also been scheduled to consider and hear any and all complaints
concerning Nuisance Abatement Costs assessed as per Resolution No.
1023, and presented letters of exception from two I2) owners of
property affected and contained in said Resolution, namely --
Mr. J. B. ~eClere and Mr. Ii. R. ~heaffer, both of whom felt that the
"Cost" was excessive,
Commissioner Cromer, Following information from the City Manager
as to the Basis of assessed Abutment Costs contained in said
Resolution, moved for approval of Resolution No. 10~3 as same was
presented to and adopted by the City Commission on August 27th, 1956.
Motion was seconded by Commissioner Barrow and~unanimously
carried.
The City Manager then read the Report of the Planning Board relative
to the request of Mr. ~organ F. Koyen for a teton lease on a part of
the City owned land between S. Federal Hwy and the Waterway in
Section 21-46-43, now being used in part by the Sportsmen's Club.
Following a general discussion of this property with Hr. Koyen
as to his intentions and proposed construction, and to comment
of ~r. Jobz~ Breze, speaking on behalf of the Sportsmen's Club and
their intentions of further expansion and useage of that parcel of
land, Conunissioner ~now moved that this matter be tabled For further
consideration, notion was seconded by Commissioner Cromer and
unani,~ou sly c~rr'ied.
The City Manager then read the see,,nd a.n~ f.[n;~l :it,.,~ :in
Pla.u:~:~,~ bo~',,'s e,,:o~t with refere:',ce to the request of Mr. J. Wells
concerning land use of Lots 16, 17 and 18 in Block 79;
"The proposed operation comes under "processing of
cement products" in C-3 Industris.1 or Manufacturing
zone. The Board feels very strongly that no new in-
dustrial use should be permitted in this area, and
that such uses should be relegated to the presently
zoned C-3 areas near' the Seaboard railroad and pro-
posed Highway ~9."
"Since this highway development has apparently been
delayed, and no other direct access exists to the
C-3 area south of Atlantic Avenue, it is recommend-
ed that the City take steps to provide paved access
to the area to promote its development and allow
proper police patrol for developed properties here.
It is the intention of the Board to make definite
recommendations for such access in the near future,
after study and discussi ,n with Mr. Oimon."
Commissioner Strong then moved For acceptance of the Planning
Board's recommendation, shown above, motion bein'g seconded by Com-
missioner Cromer and unanimously carried.
There followed a discussion concerning possible future
4-1aning Delray West Road and also West Atlantic Avenue in view of
anticipated traffic problems resulting from the future Turnpike
installation.
Commissioner Barrow moved that ~his matter be referred to the
Planning/Zoning Board ~or its study and recommendation. Motion was
seconded by Commissioner Onow and unanimously carried.
The City Clerk was instructed to initiate proceedings toward ob-
taining additional i(ight-0f-Way along ~est Atlantic Avenue from the
Seaboard. Railway to Swinton Avenue.
Commissioner Onow moved that ~ills in tlae sum of ~38,409.42 be
paid subject to the approval of the Finance Committee. Motion was
sedonded by Con~nissioner Barrow and unanimously carried.
City }ianager Lawson presented a Bill amounting to ~25.00
SEPTEMBEi[ 24th~ 1956
covering services rendered by the Palm Beach Abstract ~ Title Compa~y
concerning title search, requested by the City Attorney, .on land
lying west of the Swimming Pool in Block 1, Ocean Park S/D, Delray
Bench, ownership of which is claimed by Melville F. Riley, Jr.
Commissioner Barrow moved that this bill, in the amount of
~25.00, be paid. ~'~otion was seconded by Commissioner Cromer and
unanimously carried
Commissioner Strong moved that request be granted for the
moving of a frame house to Lot 20, Block 6, ~tlantic Gardens S/D.
on S.W. llth street. Motion was seconded by Commissioner Barrow and unan-.
imously carried.
Commissioner Snow, inquiring as to progress being made toward
city wide clean-up, was advised by the City Manager that the Men's
Garden Club and the Women's Garden Club are working together on
this program, and that the City has been divided into five ~5)
sections. Definite action in this connection will begin October 1st
in Section (area) 5 which lies west of West 4th Avenue and extends
to the City ~imits.
City Manager ~awson then read a letter from the 'Port of Palm
Beach" wherein that body requested support of a ~(esolution seeking
creation of additional depth for its harbor facility by the United
States Corp of Engineers.
Commissioner Strong moved for endorsement thereof and the pre-
parstion of a ~esolution in support of this project. Z'~otion was
seconded by Con~nissioner Barrow and unanimously carried.
Mr. aartman, o£ N.E. 2nd Avenue and 2nd Street, appeared before
the Commission relative to Sidewald elevation at the intersection,
particularly on the N.W. Corner thereof.
Commissioner Barro~ moved that this matter be tabled until
next meeting. Motion was seconded by Commissioner Strong and
unanimously carried.
Meeting adjourned.
./S/ ~. D. Wmpthin~
City Clerk
~PPi~OV~D:
MAYOR