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02-24-53 FEBRUARY ~J~TH, 1953 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 L. D. Kern in the Chair, and Attorney Harry T. Newitt, Acting City Attorney, .'CityManager Robert Lovelace, and the following .Councilmen present: W. A. Jacobs, John ~. Kabler, and Mfs.Alma K. Woehle, a quorum being present. Upon motion of Councilmau Jacobs, seconded by Councilman Kab- let, and unanimously carried, minutes of meeting held February 9th were approved aswritten. Mr. W. C. Burton appeared before the Council with reference to the operation of the Atlantic Avenue bridge. He claimed that the bridge had been opened on several occasions when automobiles or pedestrians were on the bridge, inside of the gates, and seri- ous accidents could have resulted. He urged the Council to take some action to have the County instruct the bridge opera- tors on closing and opening the gates to avoid any possible disasters. The matter was referred t o the City Man.ager with instruc- tions to report this condition to Mr. Ben Sundy, County &om- missioner, and request that immediate action be taken to see that the bridge is operated safely. Mr. Burton also filed a letter from the Property Owners Protective Association asking that the resurfacing of Gleason St. from Atlantic Ave. to Casaurina Road be postponed until May 1st. The letter was read as follows: "February 20th, 1953 City Council of Delray Beach Delray Beach, Florida Dear Sirs: The owners of apartments on Gleason Street feel that the paving program scheduled for March 15th should be delayed until at least Mai 1st. These owners have been inconvenienced the past two seasons be- cause of improvements on Atlantic Avenue. Actual work on Gleason and adjacent streets would create a serious burden on these pro- perty owners. The occupants of the apartments, winter visitors to Delray Beach, will not remain in the apartments~ when they are subjected to the excessive noise of the heavy machinery and won't tolerate the resultant dust and dirt. We urge you to delay thisprogram as suggested. Ahese winter visitors are a vital part of the economy of Delray Beach, a nd we feel that every consideration and courtesy should be extended them. Further, these property owners willpay their tax assessment quicker and with more pleasure if the work is performed later, and their good will should also be considered by the Council. Thank you for your consideration and action. Very truly yours, /S/ Wm. Mizelle Secretary' Mayor aern agreed that the Council should do everything pos- sible to make it convenient and attractive for visitors during the winter season. Cit~. Manager Lovelace explained that it had been intended to use funds in the Beach Disaster Fund to finance this project, but in order to use this fund the work would have to be com- pleted and assessments paid before June 1st, the beginning of the 'storm season', which would mean that work must be started by not later than March 15th. In this way the Disaster 2'und EBRUARY TH, 1 953 could be turned over once this year, and thereby increase the number of improvements that can be made. Letters were also read and filed from the Beach Taxpayers League, and Mr. Arthur ". Brooks, requesting the Council to postpone work on this project until at least April 15th. After consideration by the ~Council and affected property owners in the audience, a motion was made by Councilman aabler that the ~ontractor be requested to delay work on the resurfac- lng of Gleason St., Nassau Street, and Miramar Drive until M~ 1st and to proceed with all other projects under his contract. The motion was seconded by Councilwoman Woehle, and upon call of roll carried unanimously. City Manager Lovelace then presented a petition containing 27 signatures a~king that the sidewalk on the east side of Ocean Blvd., adjoining the public beach, be smoothly surfaced for the benefit of pedestrians and bathers. ~he petition was read as follow s: =February 21, 1953 To t he Clerk of the Council of Delray Beach About five years ago the sidewalk on the ocean front was laid. This walk was never surfaced properly. It was left with an irregular surface of rough pebbles and shells which makes it very hard on the feet and ankles of the people who walk on it, same ~even have been injured. This mile of ocean walk should be one of the most enjoyable walks on the East coast. But in its present uneven and rough con- dition it is one of the most painful instead. We believe if this walk was resurfaced it would add greatly to the pleasure of the people who come to your city to enjoy the beach. Respectfully submitted, /S/ by 27 people (who have been spending their winters on the ocean front, and who have formerly enjoyed this walk.) Committee, Robert M. Kerr, Chairman w~. p. Hemphill S/ John ~. Oush' Mr. Lovelace advised that the sidewalk is slightly rough, although not in bad condition, and outlined two methods of im- provement: 1. Seal coating with oil and sand, which would be undesirable during the season. 2. Applying a thin coat of hot mix asphalt, a t an approximate cost of $6500.00 for the entire mile. After consideration the Council decided to take no action at this time, but to include this item in the' budget for the next fiscal year, and instructed the City Manager to so instruct the petit loners. A Public Hearing was held to receive objections to the clear- ing of certain lots listed in a survey made by the Fire Chief and filed with the Council on February 9th. No objections were filed, and the following Resolution was presented: RESOLUTION NO. 892 A RESOLUTION REQUIRING OWNERS OF CERTAIN DE- SCRIBED LANDS TO ABATE NUISANCES THEREON OR BE ASSESSED COST THEREOF FOR ABATEMENT BY THE CITY. FEBRUARY 2/~TH, 1953 WHEREAS, the City ~Council did, in regular session held~i0n _D~e~c.e~ber 22, 1952, enact al res0!utio~ declaring the e~ist?nce~of a muisance upon certain lots or parcels of land for violation of the provisions of Ordinance No. G-147; and WHEREAS, pursuant to said resolution, the ~it2 Clerk of the ~ity of Delray Beach, Florida, did furnish each of the owners of the lands therein declared nuisances with notice that the City Council would sit on February 24th, 1953, at 7:30 P.M. at the City Hall in Delray Beach, Florida, f or the purpose of allowing said owners to show cause, if any, why said nuisance described in said resolution should not be abated; and WHEREAS, pursuant to said resolution, the City .Council of the City of Delr~ Beach, Florida, did on February PR%th, 1953, at 7:30 o'clock P.M. at the City Hall in Delray Beach,Florida, hold the hearing provided for in such notice, and did con- sider such reasons and facts as were presented by the owners of said lands, and such other material and pertinent evidence as was adduced before it. NOW, THEREFORE, BE IT RESOLVED 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 Del- ray Beach, Florida, to wit: *0rd.G-147 Section OWNER LOT N0. BLOCK N©. V~iolati on . O.D. Priest, Sr. Heisley Estates Box 314, City 8 54 2 & 3 Paul E. & Eleanor N.Gringle 0sceola Pk. Box ~8, City 12 4 1 & 3 J. P. & ~arie Robertson 9033 N. Lake Dr. 0sceola Pk. Milwaukee, Wisc. 9 & 10 4 1 & 3 C. B.Houston,II Spring Oak Farm Box 190,Woodstock,Va. 18 Ocean Breeze Est. 1 & 3 Frederick Chas. & Ester Muddiman 1st Nat'l Bank Hollywood, Fla. 16 Ocean Breeze Est. 1 & 3 Ralph S. & Anita B.Sollitt % Sollitt Oonst. Co. South Bend 24, Ind. 11 Ocean Breeze Est. 1 & 3 Anna Webb fetter Bal ndville Rd. Paducah, Ky. 12 Ocean Breeze Est. I & 3 Lucy MacLeod & H.A.Helm Seagate 2 & 3 Box 1916, City 1,2,7 ~2 Spencer H. & Nancy M.Logan Box 428 Seagate Great Barrington,Mass 5 3 2 & 3 Ernest L. & Ruth Keppel' 3005 NAarshall St. Seagate Richmond,Va. 8 3 2 & 3 Mrs. J.W.Miesse 203 Gregory Ave. Seagate West Orange, N.J. I 4 2 & ~ John J.& Frankie M.Mires Seagate Box 786,Deland,Fla. 2 ~ 2 & 3 FEBRUARY 4TH, 195B Lucy MacLeod & H. A. Helm Seagate Box 1916, City 3,4,5 4 2 & 3 Frank J. Kelly 111 Greenboro Lane Seagate Pittsburgh 20,Pa. 6,7 4 2 & 3 Porter Fearey, Jr. Seagate Box 633, City 9,10 4 2 & 3 Lucy MacLeod & H.A.Helm Seagate Box 1916, ~ity 1 5 1 & 3 Pauline P. Williams % Fred A. Williams Cannon Mills 70, Worth St. Seagate New York, N.Y. 6 10 1,2 & 3 Spencer H. & Nancy M.Logsn Box 428 Seagate Great Barrington,Mass. 1 10 1,2 & 3 Lucy MacLeod & H.A. Helm Seagate Box 1916, City 2,3 & 4 11 2 & 3 Lucy MacLeod & H. A. Helm Seagate Box 1916, City 4 12 1,2 & 3 Lucy MacLeod & H. A. Helm Seagate Box 1916, City 4,5 13 2 & 3 Erwin Straehley, Jr. 5949 Salem Rd. Seagate Cincinnati 30, Ohio 2 14 2 & 3 Lucy ~acLeod & H. A. Helm Seagate Box 1916, City 2 15 2 & 3 Laurance H. & IdaB. Young Seagate Box 333,Bloomington,Ill 3 15 2 & 3 Walter &Elise A. Dietz Seagate Delray Beach, Fla. 4 15 2 & 3 Lucy MacLeod & H. A. Helm Seagate Box 1916, City 5 15 2 & 3 Hal R. & Burdeen Sheaffer 412 N.Y. Blvd. Seagate SeaGirt, N.Y. 6 15 2 & 3 Clark & Augusta C.~ungerford 25 Picardy Lane Seagate Clayton, Mo. 3 16 2 & 3 Thomas F. & Dorothy E. Brown 120 Broadway, Rm. 2536 Seagate New York 5, N.Y. 8 16 2 & 3 * ~Nature of l~uisance Specified: '1' means there are trees, de- bris, or vegetation, which, by reason of height, proximity to neighboring structures or physical condition are hurricane hazards; '2' 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; "3' means there is trash or filth which is likely to be detrimental to the health and safety of the inhabitants of the City.) AND, BE IT FURTHER RESOLVED THAT the City Clerk of the City of Delray Beach, Florida, furnish eaeh of the owners of the lands hereinabove listed and described, with a copy of this resolution by registered mail, return receipt requested. FEBRUARY 2~TH, 1953 AND, BE IT FURTHER RESOLVED 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 Beach, Florida, will enter upon said lands and abate the said nuisance hereinabove specified and will levy the cost of such work as an assessment against the property hereinabove described. APPROVED this 24th day of February, A.D., 1953. ~S/ L.D. Kern Mayor ATTEST: /S~ Ruth R. Smith - City Cl k" ( SEAL ) Upon motion of Councilman Kabler, seconded by Councilwoman Woehle, and unanimously carried, the foregoing Resolution No. 892 Was adopted as read. A tabulation of four bids received at noon on February 19th, 1953, for the construction of three water supply wells, which were opened by the City Manager in the presence of Ruth R. Smith, City Clerk, Mrs. Margaret Bart and a representative of t~e Layne Atlantic Co., one of the bidders, was filed as follows: Libby & Freeman, Orlando, Florida Item No. 1 $ ,4,900.00 Item No. 2 eno Reduction) 1~,700 ©0 Item No. 3 " " _ 5.100~00 Total for 3 Wells $14,700.00 Central Florida Well Drillers ,Orlando,Florida Item No. 1 $ 5,930.00 " " 2 $5,763.00 less 5% 5,474.85 ~" " 3 6,198.00 " " _ ~,888.10 Total for 3 Wells $17,292.95 Layne-Atlantic ~ompany,0rlando,Florida Item No. 1 $ 6,86~.78 " ' 2 $6,541.08 less 5% 6,214.03 " " 3 7,211.66 " " 6.85.!.. 08 Total for 3 Wells $19,934~.89 Stevens Southern Company, Jacksonville, Florida Item No. 1 $ 7,172.00 " " 2 $6,600.00 less 5% 6,270.00 " " 3 7,700.00 " 5% _ 7.315:00 Total for 3 wells $20,757.00 Smith & Gillespie, Consulting Engineers, recommended that contract be awarded to Libby & Freeman of Orlando, Florida, Mr. Lovelace advised, as they had submitted the lowest bid, in the total amount of $14,700.00, and they are a reputable concern. A motion was made by Councilwoman Woehle and seconded by Councilman Kabler, that contract be awarded to Libby & Freeman of Orlando, Fla. in the ~nount of $14,700.00 as recommended. Upon call of roll the motion carried unanimously. FEBRUARY 24th, 1953 Re.commendation of the Zoning ~nd Planning Board with reference to request of Mr. Robert Fleming for a permit to construct a can- vas car-porte on his property which would be erected on the front set-back area, was read as follows: ~Februar2 21, 1953 Members of the City Council Delray Beach Florida Gentlemen: The Zoning and Planning Board also met to consider the granting of a Special Permit to Mr. Robert Fleming to erect a car-shelter on his property which would be in violation of set-back regulations, and we recommend that this request be de- nied. Very truly yours, D.B.ZONING AND PLANNING BOARD BY: %S/Kenneth Jacobson,Chairman" · Eouncilman Jacobs contended that since the car-porte con- sists of only six metal rods with a canvas covering, it can not be considered a structure, and the Council does not have the .right to deny a man the use of his land for such purpose. He claimed that is was only a temporary shelter for his own use, and there is no Ordinance to cover it, therefore Mr. Fleming should not have to apply for a permit. Mr. Lovelace, however, explained that the Zoning Ordinance requires that set-back areas shall be kept clear. He stated that permission to erect a car-porte of ~his type had been grant- ed once or twice, which encroached on set-back areas, but only because there was no alternative, and the surrounding property owners were agreeable. In this case the car-porte could be placed on the rear of the property, which would be in compliance with all regulations; and the property owners adJoinSng had com- plained of the car-porte being erected out to the sidewalk line. He recommended that permit be denied. After further discussion, a motion was made by Councilman Kabler that the recommendation of the Zoning and Planning Board be accepted, and permit as requested by Mr. Fleming be denied; and also that the City Manager notify all similar violators to either remove their car-portes which are erected in a set-back area, or apply to the Council for a variance. The motion was seconded by Councilwoman Woehle, and upon call of roll carried. Mayor Kern, and Mrs. Woehle and Mr. Kabler voted in favor of the motion, and Councilman Jacobs voted against it, explaining that he did not believe there is an Ordinance which covers the matter. City Manager Lovelace advised that the ~own of Gulf Stream had asked this City to furnish fire protection, and also Jail service, to their Town, and had agreed to a charge of $500.00 per year plus the cost of meals, for Jail service. He recom- mended that such contracts be entered into, although he felt that the $ 500.00 fee was low but could gradually be raised. Councilman Jacobs moved that contracts be approved as out- lined, and Mrs. Woehle seconded the motion. Councilman mabler, however, stated that this has come up many times before and that the Town of Gulf Stream would get the benefit of lower insurance rates, etc. with no investment in fire equipment and no over-head. He felt that while we realize the moral obligation to help them if needed, a contract should be based on the number of homes and square miles to be served in comparison with the number of homes and square miles served in this City, and the fee should be in proportion. City Manager Lovelsce agreed to prepare such a survey, and Councilman Jacobs withdrew his motion, with the understanding that this City will respond to their call if needed during negotiations. With reference to the purchase of an Altitude Valve to be used on the small water tank in the N.E. Section, Mr. Lovelace FEBRUARY 24TH, 1953 read a letter from Smith & Gillespie, Consulting Engineers, recommending the purchase of a valve which Mr. Howard Cromer has on hand, at a price of $ 4,587.00, as these valves are dif- ficult to obtain and slow in delivery. He felt. it was a question of the best Judgment on getting the work done without unnecessary delay. It was the consensus of opinion of the Council that com- petitive bids should be secured before accepting this one bid submitted, and the City Manager was instructed to secure bids by telephone if possible, on the altitude valve required. A report of the Plumbing Examining Board on an examina- tion recently held, was. read asfollows: ~February 23, 1953 City Manager Members of City Council, Delray Beach, Florida Gentlemen: The Plumbing Board recommends that a masters License be given to Mr. Harry Trotsky and Mr. Carl McEwen. These two men have satisfactorily passed the Master Plumb- ers Examination which was given them on Saturday, February 21, 1953, and are entitled to the license. Very truly yours, /S/ Ralph A. Hughson Plumbing Inspector" Upon motion of Councilman Kabler, seconded by Councilman Jacobs, and unanimously carried , the foregoing report was accepted and Master Plumber's licenses were approved for Harry Trotsky of West Palm Beach and Carl "'. McEwen of Miami, r'lorida. A tabulation of bids forpainting the City Hall building, received at noon on February 24th, and opened by the City Manager in the presence of I~arie .Williams, Acting City Clerk, was read as follows: W. H. Davis $882.00 Delray Mercantile 862.00 McElveen 1953.59 - Ha gge ns 676.00 Ha ggerman 957 · 66 Mr. Lovelace recommended th at contract be awarded to Hagen's of this City, w. ho submitted the lewest and best bid, in the amount of $ 676.00, and upon motion of Councilman Jacobs, second- ed by Mrs. Woehle, and unanimously carried, contract for paint- lng the City Hall building was awarded to Hagen's in the above amount City Manager Lovelace advised the Council that Mrs.L.C.W. Davis who owns the property- adjoining the City Hall on the south, had offered to sell this land to the City at a price of $33,500.08. Mr. Lovelace felt this land would make a good parking area if it could be purchased for about $25,000.00. No action was taken at this meeting, but the matter was taken under advisement. Councilman Kabler. recom, mended that an extra policeman be employed for day-time duty on the Beach, to be stationed at the intersection of Atlantic Ave. and Ocean Olvd. to help children crossing the street, answer questions, and control traffic. Mr. Lovelace stated that revenue as estimated was conserva- tive, and it was apparent that the amount budgeted would be ex- ceeded, and an extra policeman could be employed if the Council felt it necessary. A motion was then made by Councilman Kabler and seconded by FEBRUARY 24TH, 1953 Mrs. Woehle that a policeman be put on day-time duty in the Beach area until April 15th, subject to the approval of the City Mana- ger and the Chief of Police. Upon call of roll the motion carried unanimous ly. The meeting then adjourned. City Clerk APPR 0VED: Ma y or