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08-10-54 AUGUST 10, 1954 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 2:30 P.M. with Mayor Catherine E. Strong in the Chair, City Manager W. E. Lawson, City Attorney Nail MacMillan, and the following Council members present: Glenn B. Sundy, R. J. Holland, and Mrs. Alma K. Woehle, a quorum being pre sent. An opening preyer was delivered by Rev. Lucy M. Stringer. The minutes of the meeting of July 2?th were approved as written, upon motion of Mrs. Woehle, seconded by Councilman Holland and unanimously carried. The City Manager presented the proposed budget for the 1954-55 fiscal year and explained that it was a brief breakdown and that the detailed budget would be completed by the end of the week. He suggested setting a date for a public hearing. Upon motion of Councilman HOlland, seconded by Councilman Sundy and unanimously carried, September 1st was set for a public hearing on the 1954-55 proposed budget, to be held in the Council Chambers at 2:30 P.M. The Council agreed to hold informal conferences to discuss the budget thoroughly when it is presented in completed form. Mr. Lawson presented a sketch showing drainage lines on Nassau ~*~ ~treet between Gleason and Venetian Drive, explaining that the drainage problem now existing was caused when Venetian Drive was constructed at an elevation greater than the west end of Nassau Street. He stated that attempts had been made to obtain easements from property owners but that in one case the ownership is involved in an estate and had advised him they ~ere unable to grant an ease- ment at this time. Mr. Lawson stated a temporary ditch had been placard in the area ~htch had given some relief. After discussion as to assessing the o~ners for sewers, the City Manager was instructed to contact the owners to determine if they would be willing to pay ~ r the installation, and also to con- tinue in an attempt to obtain the necessary rights-of-way. The Council discussed providing Social Security for eligible City employees. Mr. Lawson stated he had not as yet obtained all the necessary info meat. ion. Councilman Holland suggested including Social Security in the proposed budget so that it would be covered and to make further investigation. Mrs. Woehle felt the employees should be advised as to exactly what it involves and stated she did not feel it is as good as it appears. She suggested a meeting be held with the employees which was agreeable to the Council. A motion was made by Councilman Holland to amend the proposed budget to include Social Security for City employees. The motion was seconded by Councilman Sundy and carried unanimously. The Building Inspector presented a new list of persons who had agreed to serve on the temporary Code Board as recomended at a previous meeting - Charles Trieste, ~alter J. Seymour, Joseph Santa, Samuel Ogren, Jr., King Cone, John Gregory, and Richard Hanna. Mrs. Woehle asked what the duties of the members would be and Mr. H~ghson stated they would make recommendations for changes in the Code of the City of Delray Beach. After discussion a motion was made by Councilman Holland that the temporary Code Board be accepted as presented by the Building Inspector, to serve at the will of ~ Council. Councilman Sundy seconded the motion which carried unanimously. Mr. Lawson presented a sketch of Swinton Heights and a reques~ from Ken Bacheller for approval of staggered setbacks for residences between NE 17th and 19th Streets and Swinton Avenue and ~TE 2nd Avenue. AUGUS~ 10, 1954 Mr. Lawson explained that the Planning Board had previously recommended setbacks in Residential A zones being modified from 35 to 30 feet. Mrs. Woehle felt the planning Board should studW these streets again and after discussion made a motion that the request be re- turned to the ?lamuing Board for study. Councilmen Holland seconded the motion which carried unanimously. Mr. Lawson read a petition from property owners on BW llth Avenue request[ ng the street be opened, graded, and stabaltzed from Atlantic Avenue three blocks south. He stated that more than 50 percent had agreed to have the constructic~ of a rock road assessed _a~atnst their property. Mr. MacMillan stated he was one of the petition signers but that he would not be agreeable to being assessed for a rock road and later assessed when the street is paved. Mayor Strong felt it -would be unfair to assess the owners for rock when theCity spreads it elsewhere free of charge. Councilman Holland stated he felt the City should continue its policy whereby the owners obtain rock from the county and the city spreads same without assessments. A motion was then made by Councilman Holland that if the county does not furnish the rock, this project would become Prio- rity No.~ 2 and NW 6th Avenue between 3d and 4th Streets, Priority No. 3. The motion was sedonded by Councilman Sundy and unanimously carried. A request was read from John A. Thayer asking that the Delray Beach Publicity Bureau be considered as advertising counsel for the City of Delray Beach. Mr. Thayer explained to the Council that he desired to have the opportunity to recommend to the Chamber of Commerce how to spend the funds which are appropriated for them' by tbs City. Mrs. Woehle felt the bids should be left open and Mayor Strong agreed that everyone should have a chance to bid on advertising. Mr. MacMillan suggested referring the letter to the Uhamber of Commerce expressing the City's desire that they give Mr. Thayer every consideration. Mr. Lawson was also instructed to ask the Chamber to consider everyone in the city who is interested in ad- vertl sing. A letter was then read from the City of Boynton Beach and a resolution which they had passed. The letter requested Delray Beach to adopt a similar resolution which would be submitted to' the County Commission asking for necessary funds and rights-of-way to extend Noolbright Road to connect with Route 7, and Green Street north from the Boy,ton banal to the n~th city limits. The Council agreed that these improvements would benefit everyone and a motion was made by Councilman Sundy, seconded by CoUncilman Holland and unanimously carried, that the city adopt a similar resolution, to be submitted to the County Commission, to assist Boynton Beach in obtaining these roads. Mr. Lawson stated an investigation had been made by the Health Department at the residence of A. A. Lipscomb, Sea Sage Drive, who had advised him by letter that an unsanitary condition exists due to an overflowing septic tank. Mr. Lawson explained that the e]ewation of Seagate Extension is higher than Seage, thereby causing a drainage problem. Mrs. Woehle pointed out~ that the Health Depar~ent had in- structed Seagate Extension developers to user. an elevation of 7 feet above the wa~ er line and she felt the drainage problem was something fop the property owners in Seagate to work out themselves. Mr. Ralph Knutsen addressed the Council stating he did not feel Mr. Lipscomb's trouble was caused by the fill brought in by the development of Seagate Extension and he felt it could be corrected by a septic tank. Dr. F. 3. Huntington addressed the Council stating that ~hen 145 AUGUST 10, 1954 he p~rchased his lot the land was d~y but that after the new development, it caused a drainage problem on his p~operty also. Mr. Hughson explained that Mr. Lipscomb's residence had been constructed too close to the ground, thereby preventing proper sloping of the pipes. After further discussion, the City Manager was instructed to advise Mr. Lipscomb that he had a local problem, to be corrected by himself, and that if he desired to discuss it further to con- tact the City Manager or BuildinE~ Inspector. A letter was read frcm the Plumbing Board recommending the adoption of a new Plumbing Code, an increase in plumbing fees, and the appointment of a Plumbing Inspector. Mr. V. A. Genton, Chairman, addressed the Council and pre- sented a list of amendments which had been made to the new code. .He stated it would eliminate a great many hazards and recommended its adoption. Mr. MacMillan suggested including the code in the codification now being prepared. Councilman Holland made a motion that the Plumbing Board's recommendations be approved, subject to the City Manager and Build- ing Inspector's approval. Mayor Strong then stated she would like to study the cQde before approving same and Councilman Holland then amended the motion to read subJact to the City Manager, Mayor, andBuilding Inspector's approval. ..Mrs. Woehle seconded the motion and it carried unanimously. Bills in the amount of ~23,798.72 were approved for payment subject to the approval of the Finance Co~lttee, upon motion of Councilman Sundy, seconded by Councilman Holland and unanimously carrie d. The City Clerk read the following Resolution: RESOLUTION NO. 928 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA WHEREAS, the City of Delray Beach is presently served with railroad facilities by the Florida East Coast Railroad .and the Seaboard Railroad, and WHEREAS, the City of Delray Beach has g~own to such an extent that the Florida East Coast Railroad bisects the central busines~ and residential areas of said City, and ~EREAS, said Florida East Coast Railroad bisecting said City aforesaid does constitute a hindrance to the growth and orderly development of the City; does constitute a hazard to the safety of the citizens of said City; and a nuisance to said City, and ~HE~.AS, no adequate provision exists in said City for the interchange of traffic between said railroads as may be required by law, and ~HEREAS, Section 350.12 Florida Statutes Annotated does give broad powers to the State Railroad Commission requiring Joint freight and passenger tenuinals and other reli#f. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of De.lray Beach, Florida, as follows: 1. That the Council does hereby express its desire to see consolidated the facilities of the Florida East Coast Railroad and the Seaboard Re~ lroad by the use of the Seaboard tracks and tex~zinal through and in the City of Delra~ Beach. 2. That a copy of this resolution be forwmrded the State AUGUST 10, 1954 Railroad Co~r~ission, the Florgda East Coast Railroad and the Se ab oar d Ratlro ad. PASSED AND ADOPTED in Regular Session this the 10th day of August A.D., 1954. /s/ Catherine E. Strong Mayor ATTE ST: /s/ R. D. Worthing City Clerk A motion was made by Mrs. Woehle, seconded by Councilman Holland and unanimously carried, that the resolution be adopted. Mr. MacMillan pointed out that since the City is in the process of asking the FEC Railroad for use of their right-of-way for parking purposes, they may not be as apt to grant the request if the above resolution was presented at this time. Mrs. ~oehle read an article announcing that a meeting is to be held September 21st in Tallahassee, pertaining to Miami, and that all interested parties would attend. The Coundil dis- cussed sending a representative from ~elray Beach. The City Clerk read a letter from the City Manager's Associ- ation stating that a conference would be held in St. Petersburg December 5 through 8. The Council approved the request of Mr. Lawson to attend and suggested severa~ items they would like have discussed. A letter was read from H.V. Dally, Inc. offering the City a proposal to consider the purchase of Lots 19 and 20, Block ll? for a parking lot. Mrs. Woehle suggested .obtaining a list of lots which owners would agree to lease for this purpose. After discussion the City Manager was instructed to thank Mr. Dally for his proposal and to include the lots on the list for consideration. The City Clerk was instructed to ask Gracey Bros. to contact Mr. Fred Muddiman with regard to a lease of not 9, Block 109. A letter was read from Mrs. Georgia Jennings requesting the City to waive the assessment and taxation on her d~plexes in Nlock 7. She stated the water has been standing for long periods of time thereby prewenting her from renting the property. Mr. MacMillan stated the Council has no authority to waive an assessment this time of year and Mr. Lawson was instructed to so advise Mrs. Jennings. A member of the audience asked what action had been taken on the additional colored beach property. Mayor Strong stated it had not finally been decided but that at the meeting of July 9 with Boynton Beach and Boca Raton, each comnuntty agreed to pub- licize the need for additional beach property and try to ~btain the voters help. She stated the question would be on the ballot in the November election and that a million dollar bond issue would possibly be considered. A member of the audience complained to the Council with regard to excessive water bills for her property in the colored section. She was advised that the water meters would be checked. Df. Huntington again addressed the Council stating that the developers in Seagate Extension were using tractors to dig ditches which was pushing the water toward Seagate Road. The City Manager was instructed to determine if the ditches are on City property and to so advise Dr. Huntington. AIX;UST 10, 1954 Mr. Hughson presented a request frcm Mr. Denery for a set- back deviation on his property at the corner of NE 5th Street and the railroad. A motion was made by Councilman Holland to refer the request to the Planning Board. Councilman Sundy seconded the motion which carried unanimously. ~. ~ayor Strong inquired if the county funds for street repair had been forwarded and was advised that the money had been received. Ma*yon ~tron~ stated that at the meeting held regarding colored beach~~W~Sdecided that each community would publicize the project and that another meeting was to be h~ld the second Monday in September. Mr. MacMillan explained that each community would petition the Codnty Commission and submit a bill $o the State Legislature. Upom suggestion of the City Attorney, a motion was made by Councilman Holland that the City Council approve for further con- stderation and study the creation of a public beach and parking district, to be composed of the Fourth County Commission district, exe, luding the Glades area, and that the City Manager, Mayor Strong and M~s. Noehle be authorized on behalf of the City, to prepare a brochure of the proposed plan in order that it may be submitted to the local civic organizations to sedure their aid. The motion was seconded by Councilman Sundy and urmnimously carried. Mayor Strong stated she had received several complaints re- garding apartment house owners not abiding by the off-street parking ordinance and she felt it should be enforced. The Building Inspector advised that he was. planning to check the apartment areas to determine if anyone is violating the ordinance. The meeting then adjourned. APPROVED: ..... Mayor ..... ATTEST: ..... City clerk" '