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01-25-54 JANUARY 25, 1954 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Mayor Catherine E. Strong in the Chair, City Manager Robert Lovelace, City Att. orney Nell MacMillan, and the following Council members present. R. J. Holland, Mrs. Alma K. ~oehle, Glenn B. Sundy, and ~. Cottingham Allen, a quorum being present. The minutes for the meetings held January 8, ll, and 20th were approved as written. City Manager Lovelace read a report from the Planning Board recommending approval of the following: 23 January 1954 The Honorable Mayor and City Council Delray Beach, Florida Gentlemen: The Planning Board has taken action on matters recently re- ferred to us as follows: 1. Mr. Alex Gr~nier's ~equest to upgrade certain lots on SE 5th Street east of the FEC Railroad, and: 2. Messrs. Albert V. Pope and Lee S. Vance request ~o rezone certain lots in Delray Manor Addition from existing Residence B to Residence C zone. $CTION: In its capacity as a zoning commission, the .Board has cali~d a public hearing on these requests in accordance with City OrdinancA #365, to be held in the Council Room at 8 P.M. January 27, 1954. 3. The request by the American Tel. ~ Tel. Co. for a non- conforming land use on NE Fifth Avenue at N.E. 6th Street (a coaxual cable booster station). DISCUSSION noted that such installations as here requested mus't occur from time to time for the better~aent of utility ser- vices in the city, and that special consideration should be afforded them in the interest of the community. It was generally agreed that enough land was available to render the small build- lng inoffensiv~e by plating if necessary. Mr. McKean felt that before a waiver of zoning requirements were granted, the building exterior should be restudied in a design more compatible with probable future apartment structures in that zone. A.C.T. ION: The Board voted 4 - 1 to recommend a waiver of zoning requirements in this Apartment Zone to allow construction of the booster station, Mr. McKean dissenting on the grounds noted above. 4- The Cornell Request for paving N.~~. Second Avenue between 9th and 10th Streets was taken under advisement for further study as part of the general street programme. 5. The Alga Corporation request for rezoning certain land south of Lowry Street between the canal and the residence A zone west of Seabreeze Avenue. This request is considered a question of paramount importance to the welfare of the city, and the Board has undertaken a care- ful study of the case. Mr. George~ Simons, proftssional city pla~ner from Jacksonville, and adviser to the Planning Board, dis- cussed the case with us on Tuesday mo~ning December 19th, and will submit a report based on sound City Planning Procedure, with special consideration to local circumstances, the character of the city, probable tax return, etc. The Planning Board will contact interested parties during its study, and will cor~uct a public hearing as requred by law as soon as the study has been completed. Sincerely /s/ Robert F. Blake II, Chairman Mrs. Woehle made a motion that the report of the Planning Board be accepted. Councilman Allen seconded the motion which was unanimously carried. City Manager Lovelace then reported on the sale of obsolete radio equipment, stating only one bid had been received, for $350.00. He made recommendation the bid be accepted from the State Forest and Wild Life Service. Mrs. ~oehle asked if the equipment can be sold on one bid and the City Manager replied that it could. Councilman B°lland made a motion that the bid be accepted and Councilman Allen seconded the motion which was unanimously carried. The City Manager then explained that there had been an arguement regarding the motor for the new garbage truck packer, and that there was a clerical error in typing but that the truck would be delivered with the ~ecommended horsepower motor. He reported that Earl Wallace Ford ~Company was the low bidder and recommended the contract be awarded to that company for an F 800 truck. Councilman Allen asked if there had been any other questions regarding the purchase of a truck other than that of the motor. to which the City Manager replied the type of body was questioned and he expl~ained a Garwood body had been reserved by the prior Council. ~e stated that they had invited compet~ebids .from those who would supply the true~k. Councilman Allen stated the City was not committed to any- thing the previous Council had done and the City Manager stated they had had good success with the Garwood trucks since 1946. Councilman Holland made a motion that the low bid be accep- ted. Mayor Strong asked the City Manager if there would be a big savings by purchasing a Garwood truck and what the difference in costs were. He furnished figures for the Rio and Do~ge trucks and explained that the Garwood was the lowest bid. ~ayor Strong then asked City Attorney MacMillan if, when the Council advertises for bids, they have to state a certain type and if they can ad- vertise for certain types. Mr. MacMillan replied that it is within the Council if they want to standardize a certain type and that they can get more than one bid. Councilman Allen stated the City is trying to standardize. After further discussion regarding the Garwood chassis meeting specifications, Councilman Allen seconded the motion made by Councilman Holland, the motion carrying unanimously. A tabulation of bids received at noon on January 22, 1954 for Automobiles to be used by the Police Department and for a Garwood Load Packer to be used by the Sanitation Department, which bids were opened by the City Manager on January 22nd, in the presence of Mrs. Marie Williams and Mrs. ~ergaret Bart, was filed as follows: Automo. b. ile s Gross Trade, In Ne_..~t Adams Chevrolet $4295.20 $ 945.20 ~3350.00 ~elray Beach Doherty-Snyder Motors 4732.00 1000.32 3700.00 Delray Beach JANUARY 25, 1954 Gar Wood Load Packer Mak_._~e Model Priqe ~ General Truck Sales Inc. 1954 624-36A $8926.56 Miami, Florida GMC Freeman & Sons, Inc. 1954 F22R-C2 8368.98 30 days Miami, Florida Reo Joe Blank Motor Co. 1954 3 Wks. W. Palm Beach, Fla. Dodge T. V-8 8379.20 30 days Earl Wallace Ford, Inc. 1954 Delray Beach, Fla. Ford V-8 FS00 7929.13 Faircloth Truck & Tractor 1954 Co., W. PalmBeach, Fla. Interna- R-1855 8400.00 3 Wks. tional Sam B. Gann 1954 622-23000 W. Palm Beach, Fla. Diamond T 8492.00 15 Days City Manager Lovelace then reported on bids for two police cars stating the bids had been received and show Adams Chevrolet as the low bidder. He recommended that the contract be awarded to Adams Chevrolet. Councilman Holland asked the City Manager wha-t the maintenance records have been and he replied that the Pontiac's are good but that the City would like to try Chevrolet's. Mayor Strong asked if action on the purchase of the police cars had to be taken imediately and the City Attorney replied no. Councilman aolland asked if any other bids had been received and the City Manager stated there had only been two. Councilman Allen suggested the item be deferred until the Council had had an opportunity to discuss further another arrange- ment for the police cars. Councilman Holland asked how soon the police department needed the cars and the City Manager stated they could delay the purchase. Councilman Allen suggested a thirty day delay and Councilman aolland stated they could wait until the next Council meeting. The Council agreed to delay until the next meeting. The Public Employee's Blanket Bond was then discussed. City Manager Eovelace explained the Honesty Bond and Faithful Perfor- mance Bond; the choice between Multiple and Aggregate limits; Eligibility, regarding a separate bond for any employee who should have both a Blanket Bond and a separate bond; and the terms of one year, three years in advance, or a three year installment term. He stated there should also be a separate bond on the CityT~asur- er for $25,000. City ManaKer Lovelace recommended a 910,000 Mul- tiple limit, an Eone~ty Blanket Bond, the separate bond for the City Treasurer, and a three ~ear installment term. He stated the cost would be approximately ~250.00 for one year or $600.00 for three years in adyance, and that it would be close to ~700.00 a year for an installment term. Mrs. Woehle suggested the City try to get bids on that basis from other companies stating they are not subject to accept the bonds as outlined by the report from the City Manager. Councilman Allen also suggested getting bids for longer terms and the City Manager explained that three years is the maximum limit. Councilman Holland made a motion that the City advertise for bids on the bonds. Councilman Allen seconded the motion which was unanimously carried. City Manager Lovelace then read the following Ordinance: ORDINANCE NO. G-185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 22 OF ORDINANCE NO. 132, AS AMENDED, TO PERMIT THE SALE OF WINE AND/OR BEER, FOR CONSUMPTION ON PREMISES, RESTAURANTS AS INCIDENTAL TO AND IN CONJUNCTION WITH THE SALE OF FOOD IN SUCH RESTAURANTS. Mayor Strong asked for discussion stating she thought the CitY had a sufficient amount of places selling alcoholic bever- ages. Councilman Sundy asked, if a place of Business which has a seating capacity of forty people, could sell beer and wine, and the City Manager replied yes. City Attorney MacMillan ex- plained that if the restaurant ceases to be in operation, the license can not be transferred. Atto~rney John Moore addressed the C~uncil atating he did not think the Ordinance was unreasonable. Mayor Strong stated if the City allows any number of places to operate, they may start selling to minors. Mrs. Woehle said that that was an enforcement of the law and that i$ ~ca~~ not be included in an Ordinance. Attorney Moore further stated the Ordinance calls for a bonafide restaurant and that the beer and wine would have to be served with meals. Councilman Holland stated it was his opinion that there was nothing wrong with the Ordinance and that the City can not restrict trade. Mayor Strong stated she wished to go on record as being opposed to the Ordinance for additional beer and wine licenses being allowed. Mrs. Malmquist addressed the Council saying there were hun- dreds of people in Delray Beach who prefer not to eat where beer and wine is served. Councilman Holland mate a motion the Ordinance be placed on first reading. Mrs. Woehle seconded the motion. Upon call of roll Mayor Strong and Councilman Sundy voted against the Ordinance and Council members Holland, Mrs. Woehle, and Allen voted in favor of it. The following letter was then read: January 21, 1954 Me'tubers of the City Council Delray Beach,' Florida Gentl amen: On behalf of Mr. Mike L. Blank, Mr. W. H. DaCamara and myself, the remaining members of the Golf Course Commission~ we would like to recommend for appointment to said Commission the names of Mr. B. C. Butler, and Mr. Fred B. McNeece. The appointment of the above two will bring the C~mmission up to a five man commission. Very truly yours, ~/s/ C. J. Manson, Member Golf Course Commiss~ on km Mrs. ~oehle made a motion the request be accepted and asked who would be Chairman of the Committee. City Manager Lovelace replied they want to get five members before deciding on a Chairman and that he would advise the Council. Councilman Holland seconded the motion w~ch was unanimously carried. JANUARY 25, 1954 The following letter was then read: January 14, 1954 Honorable City Council Delray Beach, Florida · .adies and Gentlemen: As I expect to be out of the City the biggeet par~ of 1954, I feel it to the best interest of the Civil Service Board that I tender my resignation to be effective as of February 1st. T thank you for the honor of being appointed to this Board and hope that my services have been satisfactory. Respectfully 'yours, /s/ John I. Thieme J T/cr The City Manager stated that Mr. King Cone had been recom- mended to replace Mr. Thieme. Councilman Allen made a motion the resignation of Mr. Thieme b.e~ accept~$d with a vote of thanks for services rendered. Council- man Holland seconded the motion which was unanimously carried. Councilman Holland then made a motion that Mr. Cone be appointed to replace Mr. Thieme. Councilman Sundy seconded the motion which carried unanimous'ly, The Council then discussed a request made by Mrs. Oliver, real estate agent for the Williams property on S.W 8th Avenue, stating Mr. Williams desires to build on that street. The City Manager explained that the right-of-way in question is the only one not already dedicated to the City. He said the owner had offered it for sale for $340.00. Mrs. Woehle suggested the City buy the property. Councilman Holland made a motion the City purchase th~prop-  erty, subject to the City Manager and City Attorney's approval. ouncilman Allen seconded the motion which carried unanimously. The City Manager read the following petition: Delray Beach, Florida January 15, 1954 PETITION We, the undersigned property owners respectfully petition the City Council of Delray Beach, Florida to rezone Lots 1, 2, 3, 16 and 17 Block 6, Osceola Park S/D, Delray Beach, Florida to Residential zone as it originally was, prior to Burnup & Sims purchase of land. We have paid our ~15.00 fee to the City for process through the Planning Board. Signed: Owner - Property Description Walter K. Lennom Bk 1 S 80' of N 105' etc Rose A. Lennox Cr SE 3rd Ave. & sE 4th St. John R. Stamminger Lot 1 Block 1 Sec 21 Twp 46 So Isabel Stam~inger Range 43 E & North 193' Louis T. Conrow Blk 6 Lot 6 & 7 Owner: Property Description Irene C. Springer BkJ6 Lot $ & 9 William ii. Dickmann Blk 4 Lots 1-2-3-4 E. Greda Dickmann 302 SE 4th St. J. L. Straight 323 SE 3rd Ave. Nammie G. Straight 323 SE 3rd Ave. Ellen J. Malmquist 406 SE 4th Ave. Lot ? & 8 B 4 Mrs. Alice Buhner 310 SE 5th St. Morris E. Buhner 310 SE 5th St. Alexander Srenier ~'ot 10-11-12-13-14-15 Bk 6 Mrs. T. J. ~illiamson Lot 4-5 Blk 6 Fred Nelson 2 lots Third and 5 St. Frank Roush Lots 23-24 W~ 25 Blk 6 T.M. 0'Neal Lot 6-21-46-43 Nest of FEC RR less parcels ~. V. Croft Pres. First Bap~ C~iurch Inc T. Bruder Lots 31 & 32 Block 13 Osc Pk Florence Bruder " Robert Fleming 930 SE 5 Ave. Sarah Fleming 930 SE5 Ave. Frank J. Ryan ,605 ,S,E 3rd Ave. Birdie Ryan " Mr. Grenier addressed the Council explaining that he had purchased the property ten years ago and had done an extensive amount of work cleaning the land and making the streets desir- able. He stated there are numerous new houses being built in the area and that any industrial buildings being allowed in the neighborhood would hinder the further development of a residen- tial section. He asked the Council to consider keeping the area in question as Residential C zone. Mrs. Woehle asked the property owners involved if they would attend the hearing of the Zoning Board the folldwing Wednesday night and they replied yes. Councilman Holland made a motion the petition be referred to the Planning Board together with the notes from Mr'. G~enier. Councilman Allen seconded the motion which carried unanimously. Bills in excess of $500.00 were presented for approval. After discussion regarding the Charter covering~ the approval of vouchers, Councilman Holland stated that unless the purchases are made the same day in express of $500.00, they do not need approval. Mrs. Woehle suggested they be approved by some Committee and Councilman Allen recommended appointment of a purchasing agent. Councilman Holland made a motion the vouchers be approved. The motion was seconded by Councilman Allen and unanimously carried. The appointment of Election Boards for the Referendum elec- tion February 9, 1954 followed. City i~ianager ~ovelace read the names of the Boards available CIVIC CENTER - sE 4th Ave. 415 NW 1st St. Clerk - Robert Fleming O.F. Youngblood- Inspectors: Frances Heald A. Blanche Lamb Alberta Palmer ~. E. Wilcox L.L. Youngblood Councilman Holland made a motion the above Boards be accepted. Councilman Allen seconded the motion which carried unanimously. Mr. Marshall B. Wood addressed the Council, representing Mrs. Lucy Helm, with regard to rezoning of the north poortion of Seagate subdivision, east of A1A Highway. He stated Mrs. Helm has used her property for apartments and that the property across the street should be zoned for apartments only. JANUARY 25, 1954 Councilman Allen stated he was familiar with the property and that he thought the request was Justified. Councilman Holland stated the matter would have to be re- ferred to the Zoning Board and Councilman Allen m~de a motion to this effect. Councilman Holland seconded the motion which carried unanimously. The use of City trucks for hauling rock on NW 7th Avenue was then discussed. City Manager ~ovelace stated the Job was not on the priority list and that it is the practice for the City to do street Jobs with no assessments or charges to abutt- ing property owners. He further stated the City would do the Job if the rock was furnished butthat Ozzie Youngblood had re- quested the City haul the rock as ~ell. Mr. Youngblood had made arrangements with the County Commission for approximately 500 yards of rock, sufficient for the project in question. Mr. Stephenson addressed the Council stating he had paid a street assessment twice for Gl~ason Street paving and asked if the City was going to put the rock on the street now in question. He asked why the City does not pave all the streets. The City Manager replied that it involved a labor cost. Mrs.~oehle asked the City Manager 'if he would not rather have the rock put somewhere else for a priority job and he re- plied that the City had to do work as it comes through on prior- ity and that this particular Job was not on the list. Councilman Holland stated there was no point in having priorities if the City defers from them. Mayor Strong asked Mr. Youngblood if he would be willing to pay for the labor if the City furnished the trucks. He replied he would be willing and that he wanted t~e work done immediately so as to rent new d~plexes he has constructed. After discussion of the labor charges and the yardage in- volved, Councilman Allen made a motion that, with the understand- ing 0zzie .Youngblood would be personally responsible for paying the driver and machine operator for hauling the rock, that he be granted permission to use the City trucks. Councilman Holland seconded the motion which carried unanimously. Mayor Strong stated she had had several requests from col- ored people for an additional colored patrolman and recommended another man be employed. She stated Chief C~oft had been con- sulted and that he desires additional help. Councilman Holland suggested the Job be seasonal instead of permanent and Mayor Strong recommended the patrolman be hire d for a period of six months. The Council then discussed the salary for an additional man and the City Manager stated t~e seasonal Job for a patrolman would start at $252.00 a month. Councilman Allen asked Chief Croft if he considered it a vital need, based on past experience. Chic f Croft replied that there should be two policement for the colored section. Councilman Sundy suggested hiring a patrolman for four months, making a motion that the patrolman be hired on a tempor- ary basis for this period. Councilman Allen seconded the motion which carried unanimously. City Attorney MacMillan recommended that the City Manager be iven authority to secure estimates from accountants in Palm Beach ounty, or elsewhere that he may see fit, in connection with an opinion on (1) whether the audits the City has had in the past have been in conformance with accepted practice (2) and to advise the City as to the present Internal Control. Mayor Strong suggested theCity give Palm Beach County CPA's an opportunity to furnish the information. Mrs. Woehle asked about the status of the Codification of Ordinances and the City Manager replied that the contracts had been returned and that the price for additional copies would be ~3.00 each. He stated the contract would be executed February 9. JANUARYs25, 1954 Mrs. 'oehle made a motion that Mr. Mac Mi l lan ~ s recommenda- tion be accepted and that the City Manager write letters to all Cert-ified Public Accountants requesting their opinion on the audits. Councilman Holland seconded the motion which carried unanimou sly. Mrw. Lucy Helm addressed the Council with regard to install- ing a blinker light at the southern limits of A1A in Delray Beach, stating it was .a dangerous curve and that there had been several accidents. She requested the Council consider having a blinker light or a sign installed that could easily be observed at night as well as in the day time. Mayor Strong advised the sign would be installed. Mr. Stephenson addressed the Council in regard to paving assessments on Gleason Street, asking if the Council had had the opportunity to reconsider the question. The Council members replied they had not had the opportunity to consider it further. Mr. Hank Cohen addressed the Council requesting that a blinker light at the 8th Street intersection of North A1A High- way be changed to a traffic light. Mayor Strong stated the light would be cha~ed. The meeting then adjourned. APPROVED: ATTEST: city Oler~ "'