11-23-53 223
November 23rd, 1953
Regular meetin~ of the City Council of the City of Delray Beach was held
in the Council Chambers at 7:30 P.M. with Mayor R. J. Holland in the Chair,
and Acting City Attorney Harry T. Newett, City MAnager Robert Lovelace, and the
following Councilmen present: John N. Kabler, J. L. Saunders, and Mrs. Alma K.
Woehle, a quorom bein~ oresent.
Upon motion of Councilman Kabler, seconded by Councilm~n Saunders, and
unanimously carried, minutes of special meetings held November 17th and
November 19th were approved as written.
Mrs. ~oehle suggested that the Plannin~~ Board be requested to immediately
consider the improvement of S. E. 3rd Ave. ~nd N. E. 2nd Ave. and moved that
the Board obtain plans and soecific~tions for these two street projects as soon
as possible, so that work can be started. The motion was seconded by Counci!m~n
Kabler, ~nd carried unanimously.
An application filed by Ruben Mack for permit to build and operate a small
grocery store on the corner of N. W. 2nd St. and 10th Ave., which is a residential
zone, w~s presented by the City Manager who recommended that the request be
referred to the Planning Board for consider.~tion, as a hardship case.
Upon motion of Councilm~n S~un~ers, seconded by Councilman Kabler, and
unanimously c~rried, the request was referred to the Planning Board for
consideration at its next regular meeting.
The following Ordinance was brought up for second and final reading, the
same w~s read in full~
ORDIN.~!CE NO. G- 1S2
AN ORDINaNcE OF ?HE CITY COf.~JCIL OF THE CITY OF D~RAY
BEACH. FLO~IDA, LEVYING ?HE ASSESSMENTS AS SHOWN BY THE
ASSESSM~2~T ROLL SUBMITTED BY THE CITY ~.L~AGER OF SAID CITY,
CONCER~.~I~O TN~ GRADING A~D RESURFACING OF CERTAI~ STREETS.
WHEREAS, the City Manager of the City of Delray Beach, Florida, has,
in pursuance to the Charter of said City, submitted to the City Council for
approval, a re~ort of the cost, and the assessment roll, for the grading and
resurfacing of N. W. 7th Street, from N. W. 1st Avenue west for a distance of
approximately Four Hundred Fifty Feet (450'), to a width of-twenty-eight feet
(28'); N. W. 1st Avenue from 7th to 9th Streets, to a width of twenty-two feet
(22'); N. W. 8th Avenue from N. W. 2nd to N. W. 4th Streets to a width of
twenty-two feet(22'); Gleason Street from East Atlantic Avenue to Casaurina
Road to a width of thirty feet (30'), including siphon, culverts, and catch
basins; Miramar Drive from Ocean Boulevard to Gleason Street to a width of
twenty feet (20'); Nassau Street from Ocean Boulevard to Gleason Street to a
width of twenty feet (20'), and Sea Spray ~venue from Andrews Avenue west to
the circle, to a width of twenty-two feet (22'), and
WHEREAS, said report and assessment roll were approved by the City Council
in regular session on the 14th day of ~eptember, A. D., 1953, and
~HEREAS, DUE NOTICE CONCE~ING SAID ASSESS~,~T ROLL WAS GIVE~ BY
ADVERTISemENT BY THE City Clerk, in accordance with the City Charter of said
City, for the purpose of hearing objections to s~id assessment roll, and
WHF~EAS, no sufficient objections were received to the confirmation of
said assessment roll.
NOW, THE~EFOHE, BE IT O~D~INED BY THE CITY CO%~CIL OF THE CITY OF DELRAY
BE~CH, FLO?~IDA, AS FOLLOWS:
SECTION 1, The assessments, ms shown by s~id assessment toll, Which is
annexed hereto ~nd made a part hereof, are hereby levied against the oroperty
shown and in ~mounts shown on said assessment roll, said assessments to be
paid. in five equal annual installments, together with interest at the rate of
8% per annum, the first installment becomin~ due and pa~ble on November 23rd,
1953, and on the 23rd day of November for the next ensuing four years; and said
soecial assessment so levied shall be a lien from the date the assessment becomes
effective, upon the respective lots and parcels of land described in said assessment
roll, of the s~me nature ~nd to the same extent as the lien for general City
taxes, and shall be collectible in the same manner and with the same penalties
and under the s-me nrovisions as to sale ~nd forfeiture as City taxes are collectible.
224
NOVEMBER23rd, 1953
PASSED in Reg lar Session on second and final reading on this the 23rd day
of November, A. D., 1953.
/S/ R, J, Holland
Mayor
ATTEST :~
/s/ Ruth R.
City Clerk
1st Reading - November 9th, 1953.
2nd Reading - November 23rd, 1953.
Passed and Adopted - November 23rd, 1953.
A motion was made by Councilman Kabler, and seconded by Mrs. Woehle, that
the foregoing Ordinance be passed and adopted, ~nd upon call of roll carried
unanimously. _
City Manager Lovelace submitted a letter from Frederic Dunn-Rankin &Co.
with reference to making a detailed audit report, for the fiscal year ended
9/30/53. He explained that it is well to make a complete auditl.periodically,
and ~s this firm are soecialists in Municipal ~uditing, ~nd as there will be
surplus funds from last year's operations to cover the expense, he recommended
that they be instructed to procee~ with this detailed audit~at the prices
quoted.
After consideration by the Council a mOtion was made by Mrs. Woehle that
the recommendation of the City Manager be approved and the Auditors be instructed
to proceed with a detailed audit for the past fiscal year. The motion was
seconded by Councilman K~bler and carried unanimously.
^ list of the uncollected personal property taxes for the year 1946 and
previous years, prepared by the Tax Collector, and totaling $1,141.46, was
submitted, and the Council was asked to authorize, the cancellation of such
taxes as being uncollectible, upon the recommendation of the Auditor.
The ~bove recommendationwas approved by motion of Councilman Kabler,
seconded by Mrs. Woehle, and unanimously carried.
A revised assessment schedule to be used in assessing Filling Stations,
as preoared by the Tax Collector, was filed by the City ~nager for approval.
Mr. Lovelace exolained that the present method of assessing such businesses has
been out of line with other businesses, and with schedules used in other Cities,
and that even this proposed schedule is higher than other Towns are using.
Mrs. Woehle did not approve of decreasing assessments on any type of
property, as she felt taxes might need to be raised in the near future in order
to make badly needed improvements in the City. She asked that the matter be
tabled until the next meeting.
Mr. R. D. Worthing, Tax Assessor, exp~lained that the present rates were
establsihed in 1949 and have been in error since, being approximately 122%
hi~her than those in Lake ~orth, West Palm Beach, and other Cities in this
vicintiy. He ~lso stated that the oroposed schedule would be in line with
assessing personal property in other lines of business in the city.
After further discussion, a motion was made by Councilman Kabler that the
matter be deferred until the next meeting, and that Mr. Worthing be asked to
prepare a report showing the comparison of the method of assessing Filling
Stations with other types of business in the City. The motion was seconded by
Mrs. Woehle, and carried unanimously.
A proposed assessment schedule for new Subdivisions, as prepared by the
Tax Collector, was filed by the City Manager, who recommended its approval.
11/1 / 3
To: CITY MASSAGER - - - CIFY CO~JCIL
APPROVAL Requested for the following Front Foot Unit Values for
Property Assessment purposes.
WARD II Bellview Manor S.W. 8th Street & ) $7.00 ff
S.W. 8th Court )
Bonniecrest S/D N.E. 16th Street )
N.E. 1st Avenue ) $8.00 ff
Highland Lane )
Bonnie Briar Lane )
Heather Lane )
1
November 23rd, 1953
Breezy Ridge Est. Delray Road 6.00 ff
S.W. 2nd St. 4. O0 ff
Carver Square (Formerly Block 7) 3.00 ff
Chevy Chase S/D Except Beverly Drive lO.P0 ff
Beverly Drive 8.00 ff
Seacrest Park S/D Northridge Road 6.00 ff
20th, 21st, & 22nd Sts. 6.00
W. Pineridge Court )
E. Pineridge Court ) 8.00
N.E. 3rd Avenue 4. OO
/S/ R. D. Worthing
TA.K ASSESSOR
Upon motion of ~rs. ~loehle, seconded by Councilman Kabler, and unanimously
carried, the above schedule for assessing property in new Subdivisions was
approved.
A report from the Planning Board with reference to certain requests which
had been referred to the Board for recom~endation, was read as follows:
November ll, 1953
Delray Beach Planning Board
City of Delray Beach, Florida
Gentlemen:
The City Council has referred four current questions and propositions to you:
1. The question of bulk storage of butane, and a possible special exceptional
permit for that land use.
(Such land use is now prohibited by Ordinance within the City limits, but
the site in question, property of Fred Sellers, is right at the City l~m~ts north
of the Seaboard R. ~. Station. Other ~pplicants, with proposed sites nearer town
and along the F. E. C. R. R. have been administratively denied).
2. The question as to whether beer and wine licenses in excess of the one-
to-a-block quota should be allowed where such license is incidental to a bona fide
restaurant operation - the instant case is the Beach Shack, under the new
management of Emil Gerner, operator of the "Cottage" on the Federal Highway. In
connection with this, see written request Miss Dorothea Galvin presents you,
a tta ched.
3. The question of an access road to Pete Snow's property south of Atlantic
Avenue, and between the Seaboard R. R. and the R/W for State Road ~9. City property
lies to the east and north of the Snow property. The question - by what means can
he be given access with the City's best interests being protected?
4. The proposition that a consulting Engineer be engaged to prepare design
and construction standards for City streets. The Council has authorized you to do
this at City expense, subjectto reasonableness of expenditures.
Yours very truly,
Robert Lovelace
City Manager
November 20, 1953
Members of the City Council
Delray Beach
Florida
Ladies & Gentlemen:
The ?lanning Board met on November llth, 1953, and the four propositions
submitted to the Board were considered and dealt with in the order in which they
were oresented$
1. The question of bulk storage of butane, and a possible special exception
permit for that land used on the Sellers property east of the Seaboard Station
November 23rd, 1953
seems to oresent no benefit to the City, and the Board does not feel that a
soecial exception should be allowed.
2. The question as to whether beer snd wine licenses in excess of the one
to a block quota should be allowed where such license is incidental to a bona-
fide restaurant oper~tion~as considered and decided in the affirmative, and the
recommendation of the Board is that the Ordinances governing beer and wine be
amended to allow such incidental and subordinate use to a restaurant operation.
3. The question of access to W. J~. Snow's property, south and west of the
City on property lying between State Road No. 9 right-of-way and the Seaboard
railroad tracks, will be considered further by the Planning Board with a view
toward the ultimate development of the entire tract, and a recommendation will
be forthcoming.
4. 'The quthorization by the City Council for the Planning Board to engage
the services of a Consulting Engineer in the matter of street d-~sign and construction
standards is received with thanks. The Engineer so engaged will be used much as
the City Planning Consultant is used at present; that is, with volunteer
laymen embodying the raw material, and with the Engineer used only in the more
profitable role of analyst, expert adviser, and ultimate designer of
recommended standards.
D~LRAY BEACH PLA~NING BOARD
/S/ Andrew L. Fabens, Vice Chairman
Robert F. Blake, Chairman
As to the request for oermission to store butane or petroleu~m on the Fred
Sellers property, north of the Seaboard Railroad Station, a motion was made by
Councilman Kabler, seconded by Councilman Saunders, and unanimously carried~ that
recommendation that Ordinance prohibiting this land use be enforced was approved.
With reference to the recommendation that beer and wine licenses be granted
to a Restaurant, where the sale of beer or wine is incidental to the operation
of the restaurant, amotion was made be Councilman Kabler, and seconded by Mrs.
Woehle that this recommendation be approved and the City Attorney instructed to
prepare an amendment to the Liquor Ordinance to allow the issuance of such license.
Upon call of roll the motion carried, Mayor Holland, Councilman Kabler, and Mrs.
Woehle voting in favor of the motion, and Councilman Seunders, voting against it.
A letter from the Beach Tax Payers League was filed protesting the granting
of an additional Beer and Wine license on Ocean Blvd.
Mrs. Woehle then moved that items C and D on the report from the Planning
Board be accepted with appreciation. The motion was deconded by Councilman Kabler,
and carried unanimously.
Request for a soecial permit, filed by Mr. W. Cottingham Allen, to remodel
a small building on the rear of the former Bransfield property on East Atlantic
Ave. in Block 164, was submitted by the City Manager. Mr. Lovelace explained
that there were several deviations from regulation; the sixe of the building is
too small, the ceiling height is too low, and it is of frame construction in a
No. I Fire Zone. He felt that bF approving this application, the Council would
be obliged to allow a reasonable use of the building for the life of the building,
even thou~h the applicant would agree to remove the building at the end of a
certain time.
Mr. Allen agreed that he would remove the building ~t the end of a two or
three year period, or before, and that he intended, to use it temporarily as an
office for the Gulfstream Hospital Association, as well as for an office for
his own business.
After consideration, a motion was made by Councilman Kabler, and seconded by
Councilman Saunders, that the City Manager and City Attorney be authorized to
draw up a contract granting a temporary permit to Mr. Allen to remodel and use
the building for a two year period~ the contract to be submibte~] to the Council
at the next regular meeting for approval.
Application for permit to build a Car Washing Sta ~,ion and office building
on West Atlantic Ave., Block ~5, in connection with the Golf Driving Range to be
operated in this block, was approved upon motion of Councilman Kabler, seconded
by Councilman Saunders, and unanimously carried, the only deviation being in
the height of the ceiling.
A he,ring was scheduled to be held on December l~th, on the application for
227
November 23rd, 1953
certificate of public convenience and necessity, to operate one addttionalTaxi-Oab
in the~colored section, Shedrick Fashaw, applicant.
One letter of protest against the granting of additional Taxi-Cab licenses was
read by the City Manager, which will be considered at the Public Hearing.
Action on application for license to sell beer abd wine at 900 East Atlantic
Ave., Gladys Howard, applicant, the business to be operated as Tropical Sundries,
was deferred until the next regular meeting, upon motion of Councilman Kabler,
seconded by ~s. Moehle, and unanLmously carried.
City i~nager Lovelace advised the Council that he contemplates changing over
to Post Card billing iu the Water Department, and a Billing Machine is included
in the current budget. Two bids on machines were submitted as follws: National
Cash Register Co. - $3,535.00; Burroughs Adding Machine Co. - $3,595.00.
Mr. Dun~-Rankin, the Auditor, recommended the National machine, and he felt
it would be the most satisfactory machine for the purpose, Mr. Lovelace stated,
and upon motion of Councilman Kabler, seconded by Councilman Saunders, the purchase
of billing machine from the NRtional Cash Register Co., for $3,535.00 was authorized,
in ~ccord~nce with proposal submitted.
An application filed by the Al~a Corporation, for permit to construct a Golf
Driving Range on the north side of East Atlantic Avenue, Muck Lots 140 ~ndl48,
and to move the small office building formerly used by John B. Reid as a Heal
Estate Office, to this location for an office, was referred to the Planning Board
for recom~endation, upon motion of Councilman Saunders, seconded by Councilman
Kabler, ~nd unanimously carried.
City ~nager Lovel~ce advised the Council that a situation exists in the
Police Department, caused by the replacement of a Desk Clerk on the day shift, to
a six day basis. It is now necessary to change all Desk Clerks to a six day shift,
which will require the employment of a relief Desk Clerk three days a week. He
felt the only alternative would be to hire an additional Policeman at $251.00
per month, who could be a part-time Patrolman and a part-time Desk Clerk in the
Police Dep~rtment. He asked the ~uthorization of the Council to employ one extra
Policem~n, and to transfer funds from the Contingency Account to the Police
DepPrtment for this exm~ense.
A motion was ma~e by Councilman Kabler and seconded by Mrs. Woehle, that a
new position be established Rs outlined by the City ~nager, and that a transfer
of $2500.O0 ffromthe Contingency Fund to the Police Department be authorized. Upon
call of roll the motion carried unanimously.
A proposed plat of Block. 9. in the colored section, to be known as Paradise
Heights, was referred to the Planning Board for approval, upon motion of Councilman
Saunders, seconded by Councilman Kabler, and unanimously carried.
A letter from Mr. Frederic Dunn-Rankin, who is auditing the City books with
reference to the bu~ning of City of Delray Beach Refunding Bonds, Series A and B~
issued in 1938 and 1940 respectively, was read as follows:
"November 21, 1953
Mr. Robert Lov~lace
City Manager
City of Delray Beach, Florida
De~r Sir:
We have examined the following bonds:
Series A:
Nos. 1/656 and 658/1029
Series B:
Nos. 1/356
1951 Issue
Nos. 1/82 and 313/317
all of which have been redeemed or refunded and are properly cancelled.
We recomuend bhat these cancelled bonds, together with cancelled coupons, be
cremated, with yourself, ~nd at least one member of the City Council present.
It may be noted that bond ~657 of Seri~s A in the amount of ~1,000.00, and
November 23rd, 1953
bond #357 of Series B in the amount of $50.00 are not at hand and that the fiscal
agent, Irving Trust Company, indicates that there is 91050.00 in escrow to cover their
redemption.
Very truly yours,
/S/ Frederic Dunn-Rankin"
City Manager Lovelace advised that the bonds had been b~rned at 7 P.M.
as scheduled.
Mayor Holland requested the appointment of the Election Board for the
General !~lection, at the polling place at 415 h~ 1st Street, in the colored
section, be reconsidered, as he had received complaints that the Board
consisted of members of the Negro Civic League, ~nd the Clerk of the Board
was also President of the Leagae.
LeRoy Baine, President of the Negro Civic League, being in the audience
st2ted that he had resigned as Clerk of the Board at the Primary Election,
and Ozie Youngblood had acted in his place, in order to avoid criticism. L. L.
Youngblood offered to serve as an Inspector, and after discussion the Election
Board for the General Election was revised as follows:
Ozie Youngblood - Clerk
L. L. Youngblood - Inspector
Alberta PaLmer - "
Rosa Lee Williams - "
Anthony Holliday - Alternate
Spencer Pompey - "
Prof. Spady - "
The meeting then adjourned.
City Clerk
APPROVED:
Mayor