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02-08-54 FEBRUARY 8, 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. wi_th Mayor ~atherine E. Strong in the Chair, City Manager Robert Lovelace, City Attorney Nell MacMillan, and the followimg Council members present: Mrs. Alma K. Woehle, Glenn B. Sundy, and ~. Cottingham Allen, a quorum being present. One correction was made on the minutes of the meetin~ of January 25th in regard to Ozzie Youngblood's property on NW 7th Avenue, cha~ng it to read that he wanted the work done immediate- ly so as to rent new duplexes he has constructed. Upon motion of Mrs. ~oehle, seconded by Councilman Sundy, the minutes were approved with this correction. City Manager Lovelace read a report on items ~htch had been referred to the Planning Board. 4 February 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. Nessrs. Albert V. Pope and Lee S. Vance request bo rezone certain lots in Delray Manor Addition from existing Res. B to Res. C. zone. A public hearing was conducted on the evening of January 27, and the minutes of the meeting are in the City files. Of the eight p. roperty owners notified in accordance with the City Ordi- nance ~365, four failed to appear four objected to the proposed change the petitioners were not represented. two property owners in the vicinity, but outside present city limits objected to t~e proposed change. Since city planning normally takes account of land adjacent to city limits, which could easily be part of the city in the future, these opinions are noted. DISCUSSION: The Board felt that the overall study of city development may very possibly contain a recommendation that areas adjacent and west of these lots be upgraded, and that S,E. 10th Street, on which they front, might becom~ a primary east-west street. The future of the area suggests a residential develop- ment of good grade. ACTION The Board voted unanimously to recommend that the petition be denied. 2. Mr. Alexander Grenier's request that certain lots on S.E. 5th Street east of the FEC railroad be upgraded to residen- tial from industrial zone. A P'ublic nearing was held on the evening of ~anuary 27 and the minutes o~ the meeting are on file. 'Of eleven property owners notified in accordance with Ordinance #365, five failed to appear four were in favor of the proposed change two objected to rezoning the lots twelve other property owners from the general area appeared and indicated their wishes as follows: eleven in favor ef.":the proposed change, one against. The Planning Board has inspected the area covered by the request and the entire area now zoned industrial along the FEC FEBRUARY 8, 1954 DISCUSSION: It was felt that the problem was of much greater scope than the upgrading of the six lots noted in the petition. Rezoning of these alone would break the continuity, of a continu- ous established zone, and would amount to spot zoning, generally considered as bad procedure in City Planning. Two basic considerations moved the Board to study the whole area now zoned industrial in this section of the city: a) An important concept of sound city planning is to form compact zones of industrial and business activity, of areas compatible with the size and character of the town, and with its facilities and production possibilities. Best authorities recom- mend avoiding strip zoning where possible. b) There are indications that the FEC railroad might be shifted entirely out of its existing R/W to operate in con- Junction with the Seaboard line from West Palm Beach to Miami. While such a move may not be imminent, its significance should not be overlooked in planning for the future. It was felt that the entire strip of industrial zoned proper- ty in this section should be studied for a possible rezoning of all of it out of the industrial classification, as a part of an overall city plan. ACTION: By unanimous vote the Board recommends that the petition for rezoning only six lots be denied, but that the re- zoning of the entire area be considered, and the procedure auth- orized by the Council. 3. Tb~ Cornell request for paving ~W 2nd Avenue between 9th and 10th Streets. DISCUSSION: The improvement of this street would readily fit in with the forthcoming recommendations of the ~oard on classifications for all city streets, with suggested priorities for improvements. Such a street woulc come under a "Secondary Street" classification, third in order from the top classifica- tion, with a recommended width of 22 ft. paving. ACTION: by unanimous vote the Board recommends that the petition be granted for paving as a Secondary Street. 4. Vallicourt Villas request that the city ordinance on signs be amended to exempt dead-end streets from certain ordi- nance restrictions. DISCUSSION: The Board felt that there is now much to be desired in the control of signs as existing in a community of the established character of Delray Beach, and that any modifi- cation of existing requirements could easily provide a precedent for further relaxing of controls. ACTION: The Board unanimously recommends that no change be made in the existing sign ordinance. 5. A Public Hearing will be conducted on the Alga Corpora- tion request for rezoning certain land south of Lowry Street, e_ast of the canal, qn the evening of February l?, 1954 in the Council Chamber,. a.n.~ notices are being sent out in accor~nce with rdinance ~365. · Sincerely, /s/ Robert F. Blake II Chairman Enclosure: Minutes of the Public Hearings noted in Sections i and 2. FEBRUARY 8, 1954 Motion was made by Councilman Allen, seconded by Mrs. Woehle and unanimously carried, that the Board's recommendations be accepted. A report on the Grenier petition for rezoning six lots in Osceola P~ark then followed. City Manager Lovelace stated the Board also recommended this petition be denied. Mrs. ~oehle ma~e a motion the Planning Board be given further time to consider the whole area and Councilman Sundy seconded the motion which was unanimously carried. The following Resolution was read: RE~ODUTION NO. 916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS, AND AN ESTIMATE OF THE C08T OF GRADING AND SURFACING OF NW 2ND AVE. FROM NW 9TH TO NW 10TH STREET TO A ¥IDTH OF 22'. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be necessary for the safety and convenience of the pub- lic to cause the grading and surfaci~ of NW 2nd Avenue from NN 9th to NW 10th Streets to a width of twenty-two (22) feet, and to assess the cost of such improvement against the lands abutting thereon, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, as follows: SECTION l: That the City Manager be required to submit plans, specifications, and an estimate of the cost of such improvement to be made, and that the same shall be placed on file in the office of t~ City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 8th day of February, A.D., 1954. /s/ Catherine E. Strong Mayor SEAL ATTE ST: _/S/ R. D. ~orthing city Clerk Upon motion of Mrs. Woehle, seconded by Councilman Allen, and unanimously carried, the above Resolution was adopted. A report on the Neely request then followed, Councilman Allen making a motion that the Council accept the recommendation of the Board for no change in the sign Ordinance governing signs to allow certain exceptions for dead-end streets. The motion was seconded by Mrs. Woehle and unanimously carried. A letter from t~e Florida ~eague of Municipalities was read by the City Manager and he stated a Resolution had been prepared for Delray Beach which is the same Resolution used by Jacksonville and Pensacola. Mrs. ~oehle suggested the Council obtain other opinions and further information. City Manager Lovelace explained that the Resolution aids free- FEBRUARY 8, 1954 dom in. handling bonds. Councilman Allen suggested the Resolution · be checked by the City Attorney, who then read the Resolution: RESOLUTION NO. 915 A RESOLUTION DECLARING THE OPPOSITION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, F~ORIDA, TO THE ENACTMENT IN THE 1954 SESSION OF CONGRESS OF PROPOSED LAY ELIMINATING TAX EXEMPTION ON BONDS ISSUED BY PUBLIC BODIES AND TAXING MUNICIPALLY O~NED UTILITIES. WHEREAS, many municipalities in the 'State of Florida and in the United States substantially reduce taxation upon the citizens thereof by the sale of public bonds issued by said ~unicipalities which are now exempt from Federal Taxation; and WHEREAS, many municipalities substantially reduced the tax burden upon its citizens by operating utilities located within said municipalities; and .~REAS, there is proposed by the Electric Institute Tax Policy Committee two bills to be introduced in the 1954 session of the Congress directed to the taxation of bonds issued by public bodies to finance the construction of utilities and to impose federal income tax upon municipally owned utilities; and WHEREAS, such proposal strikes at the very substance and independence of municipalities to which they are entitled and which has been recognized by the Federal Government as a field of government of equal dignity, close to the taxpayer and citi- zens and which the Federal Government has respected as essential and necessary for the welfare of the entire country, NOW, TH~I~EFORE, BE IT RESOLVED by the City Cpuncil of the City of Delray Beach· Florida; · ECTION 1. That the City Council of the City of Delray Beach does hereby unanimously condemn the proposal of the Electric Institute Tax Policy Committee, whereby the Federal Government will undertake to invade the historic prerogative of the munici- palities and does hereby go on record as being opposed to the encouragement by this committee of the taxation of municipal bonds and federal taxation of municipally owned utilities, and declare that such effort by the Federal Government will be the opening wedge whereby the smallest segments of government and the closest to the people will be dominated by the centralization of the Federal Dominion, and is one step closer to the confiscation of individual liberties of government. SECTION 2. Be it further resolved that a copy of this re- solution be forwarded to the Senators and Congressmen of the State of Florida together with an urgent appeal that they under- take the defeat of this type of legislation, and that they fight for the preservation of the integrity and~ individualism of stat~s, counties and cities. SECTION 3. This Resolution shall take effedt immediately upon its adoption by the City Council. BeachPASSED AND ADOPTED by the City CouD_cil of the ~ity~ 9f~. Delray · Florida, on this the ~th da~ of February, A.D., SEAL ATTEST City C£e k FEBRUARY 8, 1954 CounciLman Allen made a motion the Resolution be adopted, Councilman Sundy seconding the motion. Upon roll call, Mayor Strong and Councilmen Allen and Sundy voted in favor of adopting the Resolution and Mrs. Woehle abstained from voting. The following Resolution was then read: RESOLUTI ON NO . 914 WHEREAS, this City Council has been advised that the House Ways and Means Committee of the United States Congress, on January 20, 1954, provisionally voted to include in the General Revenue Revision Bill of 1954 provisions which would subject to Federal income taxation the interest received from certain types of municipal and state bonds, namely (1) municipal housing author- ity bonds to be issued in the future, and (2) revenue bonds issued · by states or municipalities for industrial development~purposes; and WHEREAS, this proposed plan of taxation is nothing more than an opening wedge in an attempt to destroy the constitutional tax immunity of state and municipal bonds, because if one type of muni- cipal bond can be taxed it will not be long before all will be taxed; if future issues of municipal bonds can be taxed, presently outstanding issues can also he taxed; and the next step will be an attempt to subject the revenues of states ~and municipalities to Federal taxation; and WHEREAS, the unsoundness of the principle of taxation attempted to be established by such action of said Congressional Com~ittee has been established in the past through full and exten~ive public hearings before committees of Congress, the latest being in 1951 when the House Ways and Means Committee refused even to report a measure of this character proposed by the Secretary of the Treasury and it was then thought that this fundamental issue of such grave import to states and municipalities had been settled for some time tq come; and WHEREAS, notwithstanding the serious threat to the economy, finances and ability of the sovereign states and their political subdivisions to perform their fUnctions and duties, apparent in such proposal to remove tax immunity from certain municipal and state bonds, said Congressional Committee took such action in an unprecedented manner at a closed or executive session without any heari, ng having been afforded state or municipal officials to be present to state their views that Federal taxation of their bonds would be unconstitutional, to show the devastating effect that such action would have on their future sovereignty and even solvency, andto demonstrate the increased financial load which would be placed upon their local taxpayers and their already overburdened local tax structure; and ~EREAS, the City of Delray Beach, together with the other cities, states and their political subdivisions of the nation, is most seriously and adversely affected by the action of said Con- gressional Committee and desires to do everything within its power ~to defeat at its inception this d~astic attempt by one sovereign government to inter,ere with the sovereign power of the states and their municipalities to control t~eir own financing in the perfor- mance of their local functions and duties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach,, Florida, that the City of Delray Beach does hereby express its unqualified opposition to Federal taxation of the in- terest received from any type of state or municipal bond. BE IT FURTHER RESOLVED that the ~ouse Ways and Means Committee of the United States Congress be, and it is hereby, respectfully requested and urged to reconsider the vote to which it provision- ally included in the General Revenue Revision Bill of 1954 provisions FEBRUARY 8, 1954 for Federal income taxation of interest received from future issues or.municipal housing authority bonds and revenue bonds issued by states or municipalities for industrial purposes, and to either delete such provisions from said Bill, or to afford state and muni- cipal officials an adequate and full hearing to give their reasons why such provisions should be defeated from said Bill. BE IT FURTHE~ RESOLVED that a certified copy of this resolu- tion be transmitted forthwith by the City Clerk to each Member of the House Committee on Hays and Means, House Office Building, Washington, D.C., such ~ommittee being composed of the following C ongre s smen: .REP .UBL.I. CANS DE.MOCRATS Daniel A. Reed, New York, CHM Jere Cooper, Tennessee Thomas A. Jenkins, Ohio Joh~ D. Dingell, Michigan Richard M. Simpson, Pennsylvania Wilbur D. Mills, Arkansas Robert W. Kean, New Jersey Noble J. Gregory, Kentucky Carl T. Curtis, Nebraska A.Sidney Camp, .Georgia Noah M. Mason, Illinois Aime J. Forand, Rhode Island Thomas E. Martin, Iowa Herman P. Eberharter, Penn. Hal Holmes, Washi.ngton Cecil R. King, California John W. Byrnes, .Wisconsin Thomas J. O'Brien, Illinois Angier L. Goodwin, Mass. Hale Boggs, Louisiana Antoni N. ~adlak, Conn. Howard H. Baker, Tennessee Thomas B. Curtis, Missouri Victor A. Knox, Michigan James B. Uti, California and BE IT FURTHER RESOLVED that a certified copy of this resolu- tion be transmitted forthwith by the City Clerk to Senators Spessard L. Holland and George A. Smathers, and Congressmen Charles E. Bennett, Courtney W. Campbell, James A. ~aley, A. S. Herlong, Jr., Bill Lantaff, D. R. Matthews, Dwight ~. Rogers and Robert L. F. Slkes, with our earnest request that each of them use his vigorous and wholehearted efforts to defeat this and any other proposed measure to subject interest received from state and municipal bonds to Federal taxation. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 8th day of February, A.D., 19~. - -/S/Catherine E. Strong Mayor ATTEST: _ /s/R.D. ~orthing City '-C~e ~k ...... SEAL Councilman Allen made a motion the Council adopt the Resolution, seconded by Councilman Bundy. The motion carried, with Mrs. ~oehle abstaining from voting, Mayor Strong, And Councilmen Allen and Sundy voting in favor of the motion. The City Manager then reported on a request for a on a license of the Bon Air Hotel, who had purchased their license in advance, but have not operated this year. City Attorney MacMillan stated it was a pOOrcPOlicy to refund any kind of license. Mrs. '~oehle said the ity had made refunds, to which Mr. Worthing replied there had been only one occasion. Councilman Sundy asked if the State Beverage Department FEBRUARY 8, 1954 refunds licenses and the City Manager stated that in this particu- lar case the Bon Air Hotel said they h~d been advised the State Beverage Department will cooperate. Councilman Allen suggested deferring the request until the next meeting of the Council. City Manager Lovelace then reported on b~ds received for the Public Employees Honesty Blanket Position Bond. Bids were as follows: TABULATION OF BIDS 1 Year Term 3 Year 3 Year Ad- Installment Vance Pay Adgate A. Lipscomb & Sons Etna Casualty & Surety Co. $270.68 ~734.16 $699.20 The P lastridge Agcy. Inc. Indemnity Ins. Co. of North America 266.76 700.24 666.90 Gracey Brothers Royal Indemnity ~o. 236.80 621.60 592.00 Amlin Insurance Agency American Casualty Co. 204. 00 535.50 ~10.00 THe City Manager made recommendation that the Council accept the low bid of Am_lin Insurance Agency, for whatever term the Council wished. Councilman Allen made a motion that the three year in-advance pay term be obtained and Mrs. Woehle seconded the motion which was unanimously carried. The City Manager then discussed a deed for a block of land in Currie Common which City Attorney MacMillan had secured from Banzai Currie, owner of the property. October 23, 1953 To: City Manager Re: Parcel of Land known as CURRIE COMMON (Part of Gov't Lots 2 & 3, Sec. 21-46-43) There is an existing 99 ~ear lease to American Legion (~1.00 per yr which is refunded~ on this and At the opening of the LITTLE LEAGUE early in 1953 Mr. Currie (Jr.) dedicated this land to the ~ittle League for playground purposes. In view of the above, it is the opinion of this office that the Paving Improvement Assessment, reflected on the attached Tax Card should be absorbed by the City, and authorization for its cancellation is requested. /s/ R. D. 9orthing Tax Assessor The City Manager made a recommendation that the Council accept the deed, subject to a lease, giving the land to the City, and that the City cancel the present assessment against the property. Upon motion of Councilman Allen, seconded by Mrs. Woehle and unanimously carried, the deed was accepted. Mrs. W~e hle made a motion that the assessment on the pro- petty be ,cancelled. Councilman Sundy seconded the motion which carried unanimously. The City Manager read a letter from Mrs. Ruth H. Kavanaugh, requesting permission to build a carport at 320 SE 5th Avenue. He Recommended that the Council delay action on the request until FEBRUARY 8, 1954 the results of the referendum election were obtained as to whether or not the City would have a Zoning Board of Appeals. Mrs. Woehle made a motion that action be delaye~ on the request and Councilman Allen seconded the motion which was unanimously carried. Mayor Strong stated Charles Erickson, local painting con- tractor, had discussed with her bids for painting for City work. Mayor Strong asked the Council to give their opinion on whether the City employees should do all the painting or if it would be possible to have larger jobs estimated by painting co nt factors. City Manager Lovelace said the policy generally adopted was to give the large Jobs to contractors. Councilman Sundy stated the City had an Ordinance pertaining to work exceeding $500.00 and Councilman Allen recommended the procedure be as generally practiced. Reports r~quested by the Council followed, and the City Manager discussed the water situation on NE 2nd Street by the ice plant. He stated the only solution to the problem was to install more storm sewer pipe. Mr. Ben Adams addressed theCity Manager stating the water had harmed his business and ths~ the water was backed up to 1st Street. He asked the Council what action was to be taken and said he was assessed for sewerage but that the sewer had not been opene~ since the past Monday. City anager Lovelace replied that the sewer had been checked by Mr. Cook the past Monday and that the line there was not good. Mr. Eugene Constans aAd~essed the Council stating that drainage to the north of 2nd Street was adequate but that some action should be taken on NE 2nd Street and the Highway. Mayor Strong asked the City Manager if there was some sol- ution and he replied another lateral of storm sewer would have to be installed. Mrs. Woehle suggested the street department of the Plann- ing Board be asked to check the situation as an emergency and to set a time for a temporary answer. A report on opening an alley in the rear of Garrett's Beauty Salon followed. The City Manager stated the established prac- tice was for the City to do the work if the people would furnish the necessary rock. He stated he would notify Mrs. Garrett of the procedure. City Manager ~-ovelace reported on Inventory Lists stating two lists are complete and that the others would be ready, possibly by the next Council m~eting. An Ordinance for Peddlar's was then discussed, the City Manager reporting that the Ordinance had been tried by Delray Beach about a year and a half ago but with no success. He said the Ordinance was upheld by the Supreme Court. Mayor Strong stated she thought the City should try the Ordinance again in Delray Beach. Councilman Sundy asked about truck peddlers and thle City Manager stated they are subject to a license fee. City Attorney MacMillan said the arguement in the past was that the fee on out-of-tow peddlers was too high and he said there are a great many people in the City who make their living se~l~ng from door to door. tie said the City can not discriminate without harming the people who are making an honest living. Mrs. Georgia L~apham addressed the Council saying there had been three complaints received at the local newspaper office and that she had been ~asked if it was permissible for religious organizations to solicit gifts. City Attorney MacMillans Aaid that the Consitution protects the people in those cases. Mrs. Woehle stated the City could not eliminate one and not all of the peddlers. Codncilman Sundy asked if an Ordinance had been drawn up for Peddlers and the City Manager replied no. Councilman Allen suggested the City Attorney be asked to draw up F H AHY 8, 1954 an Ordinance the same as the one used in Alexandria, Virginia. Mrs. Malmquist addressed the Council asking how they would discriminate. She stated there were so many different opinions on peddlers that it would not be fair to pass an Ordinance of thts typ e. A report on repairs to the walkway on the ocean beach fol- lowed with the City Manager stating taat guests at the Seacrest hotel had asked him to inspect the sidewalk last year. He said it would be an expensive Job and that he had contacted the Public Works Department to repair the holes. Mrs. Woehle asked about the cost of this work and the City Manager replied that it would Just be patching holes. Mr. Campbell addressed the City Manager asking why they were giving so much attention to a request from guests at a hotel when there were so many Jobs in the City which need atten- tion. Mayor Strong advised Mr. Campbell that in this case the holes were dangerous and that someone had almost been hurt while using the sidemelk. The City Manager then reported on street signs, traffic lights, parking lines, etc., stating the work was going along rapidly. A letter from George Courtney of the Ray Drive-In was ready by the City Manager,with regard to bidding on prisoner's meals. The City Manager made a recommendation that Ray's Drive-In be given an opportunity to bid on the meals. Cou$ciLman Allen suggested the recommendation be accepted on a trial basis. The City Manager read a petition from residents of SW 6th Avenue regarding street improvement. Mrs. Woehle made a motion the petition be referred to the Planning Board for approval. The motion was seconded by Councilman Allen and carried unani- mously. Bill for approval were presented and the Cit~ Manager made a recommendation they be approved subject to the ~'inance Commi- ttee. Mayor Strong stated since the bills were behind in payment the City was not getting a discount. The City Manager replied that the Clerk's office was behind in their work and that they generally had the bills paid in time to get a discount. Mrs. Woehle stated she felt the local firms should consider the fact that the City was behind in the work and that they should allow the discount. Councilr~an Sundy suggested the City take the discount before submitting the bills. The Council asked the City Clerk to check with the local firms regarding the discounts. Councilman Allen made a motion the bills be approved subject to the ~'inance Committee. The motion was ~ecanded by Councilman Sundy and carried unanimously. Ms, or Strong then discussed the minute books stating they were behind in indexing for several years. She stated the work should be done immediately and suggested hiring an extra person if necessary. The Council asked the City Clerk to have the minute books indexed. Ma~or Strong then referred to the survey of the land in Palm Beach Shore Acres which has been purchased by the City, aski~ng if monuments were installed at the time of the survey. TheCf ity Manager advised that monuments were installed. Mayor Strong then asked City Attorney MacMillan when regis- tered voters have not voted for five years and have been sent a notice by the City but have not returned the notice, if it is legal to remove the names from the files. Mr. MacMillan stated it was legal if the voters did not apply to be replaced on the voting list. FEBRUA 8, 1954 Mayor Strong asked the City Attorney how long it is neces- sary to retain old signed registration slips and the City Attor- ney replied he would advise the Council later. Mayor Str~g then asked if the Committees had been notified of their appointments and Mr. Worthing advised they had been. Mayor Strong asked the City Manager if the stop-light on AiA had been turned on to which he replied "yes". Councilman Allen suggested the Golf Committee be requested to advise the Council of an appointment of a Chairman, and Mr. Worthing stated the Golf Committee had appointed Mr. McNeece as Chairman. The City Manager then asked the Council to hold a special meeting with Mr. Dunn-Rankin in regard to the final bill for auditing services. The Council decided to discuss the bill at the meeting to be held February 9 for results .of the referendum election. The C it~ Manager, s resignation w~s then discussed and upon a motion by Councilman Allen, seconded by Mrs. Woehle and carried unanimously, the Council accepted with reluctance the City Mana- ger's resignation effective as of Ma~ch 15, 1954. The meeting then adjourned. AP P ROVED: Mayo~r - - ATTEST: City Clerk