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07-09-51 JULY 9TH, 1951 Regular meeting of the C~ty Council of the City of Delray Beach was held in the Council Chambers at 7:30 i:~.'''. with ~layor J. L. Saunders in the Chair, and City Attorney Jolm Moore, City Manager I(obert Lovelace, and the following ~ouncilm~ present: }{. J. Holland, ~4. A. Jacobs, John N. Kabler, and Walter A. a quorum being present. Minutes of the meetings of the Council held June 25th and 27th were apnroved as written. Col. E. F. Altman, Director of Civil Defense for Palm Beach County, addressed the Council, end explained the law re- cently passed by the State Legislature, which provides that the City Council shall constitute the Civil Defense Council for each Municipality. The Mayor of the City shall be the local Civil Defense Director, who may ap:~oint any citizen, ~ holds an appointive of Cice, to aid him in the I)rogram. He stated that he had asked the State for funds for equipment, such as medical, fire £ighting equipment, etc., which would be needed in an emer- gency, for which the Federal Government will furnish 50% of the cost, and the Cities will pay the other 50~0. He suggested that the City furnish him with a list of such equipment as they will need. Col. Altman asked the Council to adopt a Resolution at this meeting creating a Civil Defense Council and Director, to conform to the State law as it now exists. Upon motion of Councilman t'{oth, seconded by Councilman Kabler, and unanimously cad-Pied, the City Attorney was instruct- ed to draw up such a Resolution, to be presented at a Special Meeting within a few (lays for adoption. The following letter from Attorneys Gringle, Gezelschap ~ Grand, representing Zook i-'alm Nurseries, with reference to payment of delinquent City taxes on Lots 23 through 35, in- clusive, Block 89, was read by the City )ianager: "July 3rd, 1951 City Co~mcil Cityof Delray Beach, Florida Gent lemen: ~4e represent Zook Palm Nurseries, owners of Lots 23 through 35, inclusive, Block 89, City of Delray Beach, Florida. Taxes for the years 1929 through 1939, inclusive, plus penal- ties, amount tn $582.14. We ask that your body consider abate- ment of these taxes and i)enalties for the following reasons: 1.This property fronts on the Florida East Coast Railroad tracks, and on the west there is a 25 foot street which is not accessible at the present t~e. This 25 foot right-of-way was accepted by the City of Delray Beach at the time the Pl~t was recorded and accor,~ing to the information which I can gather, it has never been improved or made accessible to the adjoining property owners or the ~ublic at ~rge. 2. The Zook Palm Nurseries have owned this property since the boom days and are entitled to some consideration for the fail- ure of the municipality to maintain this right-of-way. 3. The Zook Palm Nurserie are forced to offer this property for sale at a reduced price because of its inaccessibility, as ment ion ed above. Therefore, we ask your body to abate these taxes so that the tax- payer is treated equitably. I.t is to the advantage of the City of Delray Beach to make it possible for the present owners to sell this property to someone who has ~he ability to develop it, and we believe by th§ abatement of taxes this may be accomplished. We should also like to formally request the opening of this 25 foot right-of-way, so that the property may be accessible to the owners thereof, RespectfUlly yours, GRINGLE, GEZELSCHAP & GPJ~ND BY: /S/ Paul E. Gringle Attorneys for Zook Palm Nurseries" M~. Lovelace reconnnended that no further abatement of taxes be made on this ~roperty, as the amount billed represented a compromise in line with the policy of the Council. He a/so re- cnmmended that the alley through this block be opened, as it was a dedicated alley, hut not improved. After consideration, a motion was made by Councilman Kabler, seconded by Councilman Holland, that the recommendation of the City Manager be accepted, and upon call of roll carried unani- mo us ly. A plat of a proposed ~ubdivision, lying between 5.%~. 8th and loth Avenues, and between 1st and 2nd Streets, filed by Leo Rosen, as President of the Boca Raton Housing Corporation, %o be known as Lincoln Park, was presented by the City ~anager for approval. The size of the lots, and width of alleys 8nd streets were all in order as shown, Mr. Lovelace advised, and he reconm]ended accept- ance of the plat. A motion was made by Councilman Roth, and seconded by Coun- cilmm~ Holland, that the plat be accepted on the reconnnefldation of the City Manager, and upon call of roll carried unanimoUsly. The following [{esolution was then introduced: RESOLUTION NO. 804 A RESOLUTION OF THeE CITY COUNCIL OF THE CITY OF Db~RAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS Ahl) ESTIMATE OF COST OF INSTALLING STORM DRAINS ON SEA SPRAY AVENUE, FROM NORTH OCEAN BOULEVARD, WEST TO THE CANAL. WHEREAS, owners of property liable to be assessed for the installation of storm drains to drain Sea Spray Avenue, have petitioned the City Council for such improvement, and WIIEREAS, due to accumulated surface water after rains it is deemed necessary by the City Council that such storm sewer drains be installed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida., as follows: SECTION l: That the City Manager be required to submit plans, specifications, and an estimate of the cost of such im- provement to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 9th day of July, A.D., 1951. /S/ J. L. Saunders Mayor ATT~S T: /S/ Ruth R..Smith City Clerk (Seal) Upon motion of Councilman Kal)let, seconded by Co~cilm~ ~ I{ollanB, ~e] ~animously car]-ied, the foregoing i{esolution No. 804 was passed and adopted as read. The following [lesnlution was then introauced: RESOLUTION N0. 805 A ~SOLUTION 0F THT~ CITY C0.,LCIL ,~.2 CITY 0F DELIL~Y B~CH, FL0~I1)A, IIEoUIIi~G P~tXS, ~,~,.~,,.~ 0F COST 0F IN- GLEASON STREET ~ A POINT 266 FE~T WEST 0F GL~ASOR STREET WI[qREAS, o~ers of property liable %o be assessed for the installation oF a storm drain on Nassau Street, wes% of Gleason S%peel, have petitioned the City Co~cil fop such improvement, and WUE~iEAS, due %o acc~ulated surface wa~er after ra~s, i% is deemed necessary by the City Council %hat such storm sewer drain ~e installed, NOW, T;I~R~FOR;{, BE IT !I',]SOL~D by the City Co~cil of %he City of Delr~y Beach, Florida, as follows: SECTION 1: That %he Ciiy Manager De peqaired to submit plans, specifications, and estimate of cos% of such imp~vemen% to be ~de, and thai the same shall be placed on file in the office of the City ~anagep. PASSED AND A'~)OPTr~D by %]~e City Co~cil of the City of Delpgy Beach, Florida, o~ thjs the 9th day of July, A.D., 1951. /S/ J. L. Saunders ~layo r /S/ ~tut~ ~. Smith City Clerk A letter from Attorney Paul C,.~<o.~ers, who represented ,'ir. and Hrs. Edward A. Schellenberg in the suit of l~e City of I)elray Beach vs. ~che]~o~qberg, was read as follows: "July 6, 1951 To the Honor~l~l.e Payor and Town Codicil City of Delray Beach, Florida }le: City of Delray Beach v. Sc'hell.berg Our File No. 1114 Gentlemen: · ~ ( A~ you ~ ~a~e, th~ City o~ D~lr~,y ~ob posted ~ ~nd in said j~otion and dismissed the bill o~ oomplaint. , Attomn~y~' ~e~s 7~0.00 ~,~e ho~ that w~ ~my ~ettle this m~tte~ amiably a~l avoid th~ City Attorney ~i~h Lh~ view possible, what compromise figures they would accept on the list o~ d~mages as su]~mitted~ and to re~ort at the ne~t re~lar meet- ing. The motion ~as seconded ~y Councilman ~oth~ and u~on call o~ roll carried ~mnimously. City Attorney ~h)ore then informed the Council that the posted by the City stated t~,at it ~a~ to inde~i~y the ~e~end- ant if the C,~urt declared !he temporary innunction was wrong- fully iss~ed~ w~'~.ich it did not. A letter from the Animal Rescue ~ea~e of West Palm ~ea, ch, asking the Council to increase their monthly donation to ~{50.00 per month, start~g October 1st, was read, as: follows: 'J~me ~0, 1951 Mayor Saunders and )~remhePs of the City Co~ission Delr:..y ~leach, Florida De~r :~1I S, I~ ~reparing your ~ud~et f~r the year 1U~I-IU~, we ~ru~ tha~ you wil~ includ~ an ~em of a~ lea~ F~f~y DolI~r~ (~0.00) per mo~ to ~s~ us ~ our ~ork - caring for ~he ~nima~ of Delr~y ~each. We ~c~ as ~ poun~ for your city, m~king many ~ps ~here ~o ~ick up anim~l~, as wei1 a~ toking care of all a.nim~,l~ brough~ i~ ~y owner~. We m~ house, Cee~ or dispose of the~e animals whSch costs us money. ~closed find our rn,jort for the year 1950. F~nl this re- port, you can see that our wopk is incre~:sin~ from year to year. As each commtmity grows, the work off carJ~g for the animals in that commu~,ity nlso increases. Thanki~g you for your past co-operation and trusting that we may have a favorable ~eply~ we are Yours very truly AN1}.B~L I{ESCU~ LT.;?G[V:] OF T]I'I~ iL~N BI~,.C}IES, INC. /~/ ~frs. C.Raymond Durkee, President P.S. In the First Five months of 1951, we have taken care of 2,081 animals.' Two letters l)ert:~i~ing to the care oF injure~ ~d infected animals were then read: "J~e 30, 1951 ~fr. Robert Lovelace, City Delrv, y 2~ach, Fla. Deaf )~Ps. Lovelace: Th~s is to ct, nFirm our taler)hone conversation oF yesterday afternoon, in w]~ieh. I re~uasted t?mt you place on the next Cc, un- oil Neetin'.,: agenda a discussion concerning inj~efl m'~d infected animals straySn.~ within City li.~its. ~X~ayoP ,I~ck qa~lders }las expressed his a;,~ov,~l o~ a ~,~lan to have at such meetin~ a ~c,_r~ent, tive o~ the ~nlm~l ~scue League yours vePy t~uly, /SI G. ~oore Lapham Delray ~each Fews ,:~d~t~r~,l A. ssociat "July 4, 1951 ][onnPa])le ~,'b~yor d Co~mcil :~(-~lrvy ~each, Fla. Dea. p ~]iP: Af'teP rea~ing the disgraceful ~ticle about the inh~raan treat- meat tl~e noo~~ dual) a.~im:,ls ~eceive in oar town I c,~'t.~inly think steps hould be t~q, en a~d c,)nsidered to elimina~_e this ble ct-,~,~ and co~?diti-ns. Yours t,m, ly, /~/ ,.,harlotte~' ,~.~ ell enbri~,k'" ,,ep~ese~,t,.t~.ves of t~;e ~].mal Rescue LeaAue addressed the Co~lncil, and ex,.qaJned tt~e need For a,,protn~iate shelters to keep stray or injured a~;inm, ls in the City until they can be picked up ~y them. They stpted that it must l~e a ~umane place, where ani~mls ca~ l,e Fed and caped for, and also ,)rovide Ptlii-ways ,~;ale and female do,~s an~ Fo~ cai. rs Y}]~v of Fete(, ~..o instPuct anyone on ~,ov: to l~nndle injur, ed ~nd viscious dogs. It was sug- ~a.':ted t,a.,~t do~s be req~lJred t(, l~e inoculated ]~(.Fope City tags ape iss~ted. It wa~ al~so su.~Zest, ed thr~t in vepy ul'~ent cases animals be tp~<etl ir, ':r. ~{usso i~ Imke Worth, and the ~knimal cue Lea,ale will pick tl~em up fpo~ the~e. Ci{y }InnDq~er Lovelace then stated that in his opinion a Full- time ;~o~ Catcher was not. ne~ded.~e suggest, ed, .. that the .DPeSeIlt inadeqitate keu,~els be ,~,oved to the City Dump ~d im?~ve(~, wh~e a present City emn]oye,? co~]ld r)ick up stray aninmls and cape For _ ,~x,,n s other duties, and be [)aia ;2,50 O0 them there,together ,"~' ~,-r ~ . addil, ionnl s:,la.ry pep m,'mth, 91us an allowance f'oP the ~me his cap. An5msls could he kept thero until picked up ])y the Ani~,al ~lescue Lea.~ue, ur~l. ess i~tjured, in w~ich case they would be t'-ken di~-ectly to ~fest Y'alm ].ler~ch. Iqr~. Dwi:zht ~h-s.dshaw, locpl PepPesentative of the Animal ~escue League, offered to meet with the City ,mna~,~er and discuss the ppeps rs ti on of an adequa, te s~e]_ter. Affter further disa~ssfi,~u~ .... ]~v~ t~te Coumcil ~md t~e audx.n'~ ce,, a taotion was made ]~y Councilman ks?,lep and seconded by Com~cilman Iioth, thp.t the ~hove Pecom~ondation of the City iffana~ep t)e approved, and thst the k_.m,e]s . 'e ' be ,t~c, ved to the City 3ump ;md im~)~-oved as ne- cessaPy, and that I;(,se ,Ne]son, a City employee, be employed as part-time !)og Catcher, t.o~;ether with ~,is present duties, to be paid ~50.00 addi~i,'mal s~lary per month, plus mi allowm~ce For the use of ~'~s car. Upon call of ,'oll t]~e moti,-,n ca~;'iad unanim, usly. A hiffber license fee For ~spaved Female ,;ogs was ,also dis- cussed, ]~ut n~ ac~i(m ws~ ts~:e~ ~t. this meeti~,g. A motion wa~ ~,ho~ made 1,y Cuuncilma~ liableP th.a; s donation oF .,c,O.O{] ,~e~ mon~.h be made to the Anffmal ',[e:~cue Len~e, star'ting 0ctol~er 1st, as req~ested, which was seconded by Councilman, ;loth. Upon call of rol.] the motion capried, Cotutcilman ]iolland, kabler and Rot}~ votin~ favorably, and Counci. l~en .Yacol~s and .qaunders w,t. in~ a~s]nst tl~e motJ_on. City ~[anazer Lovelace s ~itted tentative .~lpns FoP the extension and i~'lppove,~ent of jail facilities, prepared by Ken- neth ,lacobson, Apcl~itect, and u~on raotio~ of Countilmau seco,,ded by Council)na~ kal~le~-, and ~nanim,-.~lsly~trried, he was a~t?~orJ_zed ~,(', select the a~ost s~ita~le ,,lan and adv(,rtise .for bids or~ co,~structJ_o~q. A letter From the I~ter~mti,.,nal City >ianagePs' Association, with reference to the 37th Annual Conference of the As::;oci~;[ion to be held at ~oland Snrjn~s "' , -o,, ,,a.]~ie, September 9- 13, 1951, was read as Follows: "Jul2 2, 1951 The itnnorah]e :qa. yor and Council This is a cordial invitatio~ to y,,ur city to be represented by your c~.ty manai~er at the 37th Annual Conference of the Inter- nati,~nal City >Ianager's Association to be held at ?olancl ~lsine, September 9- 13, 1951. This cor~fe~-.uce For c' ief municipal administrators should Be of considerable Benefit to your city and your manager, par- tieularly at this time. Amon~ the major topics of discussion will Be the problem of civilizn defense, as well as to pica on how to plsn, staff, a.~d Fly, once the many i:nprove;~ents and ser- vices with which every cotnmunity is Faced. ~e conference ::)rogram ~ill t,e made up ;~lmost c-,tirely From suggestions sent in by t';e managers who will attend the meet- 5ng. ~ separate request is goi~g to your mtmager, inviting to send in l~is s,~,~a~tions~.o~,~ as soon as possible, together, with h-is eor~fereuce a'tte~dance plans. This will ass~re him an portunity to have discussed any sepci~l [~roblems of urgent con- cern tn your co~nm~ity. I know you will a~[)r,:,ciate the benefits that your city ~ill derive From having your manager at tbff s meeting, and we would like to heap, at your early co]~.venience, what action is taken a~Ithor- JzS. ng his attend~,~ce, in order that we may complete the for wh,,.t should be a w.Ty valuable meet~'~g to every tone, unity represented. Resp~ctgully yours, /S/ Clarence ~. flidley Executive bit ,)ctor" NP. Lovelace informed t?~e Co,moil that he ,.,~ould like to attend this conference, that he felt it ~uld be be~efitial to ]~im and to the City, ~d tl~e a ct~al cost would ])e the only ex- pense to the City. tie was asked to ?:et ~m r)stima, te of the ~st for later eonsi{]eration. City ~fanager Lovelaee advised the Council of the need for an Accounting :'iacbinel lie ha~] asked Fop bids fi-'om the three 7/9/ 1 134 ca~';cerllS in this ;~rea w'aic]~ F',.lrlliS~ s~lc~q machLnes~ :~,~ stated~ hut }~a~ only received two prnposals, [~s follows: Underwood ~strand Class 1~ Aeeom:~ting 2;achine fully , -.~,,1,483.00 less 10~ disct .......... ~:1, 334. 70 equip~ed ~.~: ~ .... ~,~ Cash~,~ster ~,ookke~ pin.~_ ~'k~chsne ~lodel 30610 (120) 18" 2kB 5~ delivered & installed ....... 3,8G0.00 Net Hr. Lovelaee recm~ended the proposal o? the NaLional Cash ~egisteP Co. be ac,~epted, a;~ t' eir ma. hine ould handle all accountinz work, except tax bil]in~, mtd als,, make possible en- c~berance accountin5. tlc felt it would represent Peal eco~mmy now and in the future.. After consideration, a m,~ti,,n was made by Co~mcilmau i~at)ler, and seconded By Councilman Iloth, to instruct the City ~ttorney to ?~el)are a ~e.,olxtion to accept this reeo,mendation of the City 5~anager, and upon call or roll tBe motion ear ied mmnim,,usly. Upon motion of Uouneilman ttolland, seconded By Coancilm~ K~hler, and uBanimonsly carriod, t~uilding ,',ermit was a~p~¢ved flor ttne constpuction of a ~0' store !,uilding on tlne W. 40' of the E. 142.5' of the ~: 185' of Block B, John B .... ~d's village~ subject to tt~e filin.~[ of complet~ plans and specifications with the Building InspectoP, which were aeee~tahle to l~im. ~eco~mendation of the Zoning Board wi~ reference to a proposed plat, Filed with tlne Council at a previous meeting by ~4r. J. W. Ga. llor~ay~ and re~erped to this Board for Pecommndatio¢~ wes pea. d as ffnllows: "July 7, 1951 To the UonoraBle ~la.yor and }rembers of t!ne City Co,mcil City o~ ])elpay Beach~ Fla. G en t 1 e me n; Yo ~lp 7 - onxn,~, Board met at 10:00 A.H.~ Friday~ July 6~ 1951~ t,o consider your request to sturdy tI~e plat o~ Galloway's S.D. ~I~.Galloway was ?p~sent and a:0ter co~sidePatSon~ we recr)mmend that no a. ctiot~ 1,e taken on the acceptm~ce o~ this plat until r4r. qalloway hns o])tnined a replat x~q. th an entrance to Atlantic Avenue and c~xa.nge the street ri:,ht-o~-ways to conform wi~ City peq ~ipement s. ;k~e Peel that this will increase the w~]ue of the l,rope~ty to Hr. Galloway and provo more satisf~ctory to futt~e owners. Very truly yo~s~ CITY ()F D~qLI}z'X '~" /~/ l(enneth Jacobson~ Chairman" Upon motion of Councilman ~ahler~ seconded by Coancilman Ja- co],s~ and unanimously ca, pried~ ~he Zoni~.g Board's recommendation wa~ ap,]~povod. Another letter from the Zoniu,~ ]'~oa. rd, endors-' ,~ ,. lno a pro pos ed City Fla~ni;~ pro.~xram, was read as follows: "July c 1 951 To the Uonorahle Hayor and of the City Council City of Delray ~Beach, Fla. Ge,at 1 emen: Your Zoning Board met in the City Co~tcil Room at 10:00 A.M., ,lt,~ reference ~o your letter of >lay 31,. 1951 July 7, 1951. ~"' a.s~,lng us to consider the letter of the Delray ,~each ?roperty Owners"rot~c~].vea ' ' A~sociation, Inc. for a preparatory program for City Pla~nj.n~, we c~me %~ the followin~ conclusion: The ~onz~,K goa, rd is ~n favor of City Planriing ~{1 f,ml that an advisory i/la.n~in,~ Commission should be organized, composed of the Planning Board ~d two members from each Civic Organization, thereby formiu~ a workiu5 ~ro,-u3 %0 ohtl]in public opinion as to the seq~ence of pm~jec%s }~ased on %.,elr im~]ediate benefit to the Community, method of financin.~, and last ]~u% most im?ortant, create pu]~lic acceota, nce so as to ~ve us reasonable assurance of the completion of any ~mojeet ])afore expend~S ~'~u],lic Funds. Kuch a ~nission would create a cor~tinttal increase in Ci~c pride a,l~d insure the garrying out r;f our recommendatiolis in .Lssoc~a.t~on s letter. a,~swer to tl]e Uroi)ep~y Owners ~rotective n · · VePx %puly XouPs, /S/ Kenneth Jacobson, ehaipm~m" City Nana~eP Lovelaoe agPeed that citizens p~pticipation in such a pPogpnm is esse~tia, 1, ~nd oFfleped %o wopk ~4th v~sopy committee when opganized, in cPeating ?ublic accepta~,ce to a planning. .~_npoject,_ and upon motion oF Councilman Kablep, se- cr. nded by Councilman Holland, and ~s.nimously carpied, the ream mendation of the Zoniu.5 Board was a~)l)~ved, and the City was instructed to ~,roceed accordingly. Mr. Low, lace then ,~resented a request from the Nerchm,ts Division of the Chamber of Commerce for ~:~ermissio~. to s~ck, or close oFF, parking ~tars o~. their :~lan?ed Twilizht :Ual es Days starting Friday, July 20th, and occurring every two weeks during July and August, a total oF f,,ur sales days. He stated ti;at this had Been done ve]~~ successfully in other Cities, ~tnd recom- mended that the request be ~ou~c~lman *~ab!er, sec~deCt by Comtcil- A motiot~ was made by t' ~ ' man Ylot'n, to accept the fore:joins p,?eommendation of the City }lana.~er, a~2(] ttpon call of poll tb~ ,notion cappied mmnimou, sly. The Po llo~,5~g 0r~in~nce was the~ l)rou.ght up by the City Attorney, and same was r(~ad i~ f'tll: .... A re~mesent~t~ve ,)f tim Electrolt~x Cor~>or;~tJon a. ddres~;ed tl~e Council, claiming thHt t~is orurnization is ;na~e of local citizen,s . ~ ~' ~r' ... _ - . -' that Co,~,!,auy Im.s thousands of (lolla, rs worth of eq.iipment in t!~is City, . ':J : uld work a great ;~ardship on ti:em. City ;~ttolney Hoor~ t,. ,v~lsed thai e Or-,in;race m~ly a~,lied tO ]lOllSe-to-l'lOll. S() 'oddl.i. ng~ imil~vit, od~ a. ud that sales, oil COLil(] m~s~er oalls. Ue stet, ed ~het the Crdi~m]oe was p~tterned an i~rJSna.~ce w!~ich l~as ",e~n held w, lid 1~,.: the ]~:u-eme that peddlJ~2: is beco'qJnS a serious 9~mble-, _ii{ ev,:,ry City. .'Ir~mn~nts were ,,~P~-~mlte~] Fro,~ the ',' '~ the passa.,%e of the Ordinance. Councilmar Jacobs felt that it wnuld be a mist[,ke to try to ~c snqjsested prew:mt people in our Town frnm makJnz a livJJ~j "~ t!nat act~ort l~e dofarred on tine CrJinance to allow time for more t h o u,sht. City }lana~er. Lovelace believed tI~:t ]t was ,rarely ;~ matter of policy For the ~)est interest of tlm City as a whole, aud only a a~estion of ~d~ether t}~e '~,So?le do or do not wm..i it. ~ motion wa~ then made !V~ Co,moil,aH :k,th and sec ~ded Councilmm~ "~t, l!snd, tha, t the t;r,-~inance be [:laced ,~n. fi.~t, . lTporl C:~]l of roll l,}~e ~,~(,tion carrier] An ~,~pli. csti. or for Buildino' ,~ermit filed b- ,.. ,.mrrow, to r..~mm,~ lei the existin.? *,u~ldir~. .. . on the n,,rtheast coFner of 'C. At]antic Arc. arid 5th .',ye., w',icl~ would external the roof line arnund the present canopy over the gas,,]ine :;:~mps, was pr..sented hy the 2uS!diu:Z Inspector. '-l¢ns showed thst this would leave nnly a 5}~ set-lmck on Lt]antic Averne, although the ~ot om the "' ' . ~I~(,OWS WO~ll.d be set back 9' As this ~uld ~)e a deviatSon of set-back reeuirements, it wo~tld ro~LtJ, rea sp-,eja] permit, end t,~e Cc, tmcil refellel the apr, lication to tiao Znninz r:oard for stll(t}' anO reco,n,endati,,n, by motion of Councilman kahl')r, seconded by C~,'- '- una~Jm,~usly carried. An application For q~';tildirL~ permit, filed by Earl to cr, nsl.r:;ct a sto?e l~u~ldinq on Lots 10 and 11, Block 1, Odman's :-,ub" rlivision, oTM .... thp N.E co~mep of West 'tlantic Ave. and 14th Av,mue, was pr~,sented By the :nuilding Inspector. ~.,~. ilu.~baon a,lxS_sed that the plans co~:fopmed to all req~dre- ment~, anJ upon motion of Col~lciln~aa; ,,abler, seconded by Coan- eilma.m llolland, and unanimously caprJed, permit was approved. A .)ropsectus off next year's proHosed advertising ca~;paign had ?.eon filed, City :qann~er l,ovelace stated, whic], included a review of tlm pres~mt year's activities, showing a rettlrn of 50~ for evem~ f.~l.O0 spent for advertis~ing. They w,~pe requesting an appropriotion ,,f on~ ~,'il! For ad. vert:i, sin~ For the next fiscal n,. avai ~ ;~l)le on the Council ~]esk ,mtil '~ime For c~.~sideration. A co~mnicatio;: From the Southern Building Code Congress, out]_i~,ir~{ t~te ~,~lva~tt~ges to Be d~rived l,y the City By affilia- tin~ ~,,ith t"~eir Institution, was re;~d a~ follows: "J[uie 12, 1951 ~[r. Charles ]. Rlack, City i~[~r. Del ray Beac~, Fla. Dear ~4r. RI.ack: The 2outhern 2uildin~ Code Co~'~gress extends to you and your City a very hearty invits, tion to ]~eco,,e affiliated ~t~ this 8outhern Institution. T~is Association is co,~?rised of m~icipalities from oue enr] of thef~outh to the other. Here are a few rea. sons why it is adwntac~eous to you: 1. To support a Southern Institution dec'ica'ted to the building ~rogress of the go~lth. 2. Throu,~h association we accom01ish t~mt w]~ich could never be done By the individu~.~l city ]~ec~use of the costs involved. 3. Your membership assures you that you ~ill always ]mve a modern Southern Southern basic building code, evaluat~-d scientifically upon ~outhern ~.uildi~s; ~nditions om climatic factors. ~l~s means in this Nation. It will do so without sacrific~g fire or st~mc- rural safety. It is just another achievement of ?rog~essive South%rn City Offficinls. 4. You~ mem~epship ass~es you a constant souPce of info~mag tion on ne~ ])uJ. lding developments, tests and the like, which passes along advants~es of research to the citizens. 5. Your membership helps to pPovide a colmnon ground at .annu~ meetings to i[ain knowledge and to discuss [mutu~:l problems By officials that will '~ove o5' great value in solvin~ the daily complex problems that go with the rational~o wth of youp cit~ In conclusion, pememBer the f~outhepn Stand. amd Buil~ng Uode be- longs to the membership cities of t]~ organization and ~emember the membership governs eadn and every Pevision tl~ough its duly elected offficials. Cert~i~lly a ]~uilding code o,~'ned a'ad main- tained by the cities themselves Unrough association is the only Fair and sound solution: to the building t~gress of your city. lfe are onclosing an ap plic ~ ti on For y~ur considemation. Cordially yours, /S/ ~. L. Client, Director" It was explained by the City Manager that the yearly member- ship fee would be $25.00, and in his opinion ~e City would gain more by using a code adaptable for this area, and which covers southern Florida architecture, than the one prepared for the Pacific Coast, wl~e}t is now Being used. He stated that the Building Inspector also approved this ~ange. The Co~cil agreed t~t this was Becom~g an importer is- sue, and upon motion of Councilm~ KaBler, seconded by Council- man Roth, and unanimously carried, the City Manage~ was authorized to pay membership Fee of ~25.00 for association ~th the Southern ?/9/51 136 Building Code Congress. Upon motion of Councilman Kabler, seconded by Councilma~ ~oth, and unanimously car~'ied, installation of a street light at the corner of N.M. 3rd Avenue and 3rd St. was a~proved. Bills totaling ~57,384.25 were approved for payment, subject to the ap.nroval of the Finance Committee, upon motion of Council- man Jacobs, seconded by Councilman Holland, and unv~imously carr- ied. Upon motion of Councilman Holland, seconded by Councilman Kabler, and unanimously carried, a policy was established whereby the City Manager shall fix a time and date to close the ~genda for rezular Council meetings, namely the preceding Friday noon, and nothing shall be added after that time. City Attorney ~loore advised the Council that he had talked with Attorneys Chapman and Cutler of Chicago, the approving Attor- neys on the issuance of t~e Golf Course }{evenue Certificates, who advised him that the Resolution authorizing the issuance of the Certificates could be amended upon approval of the First i~ational Bank, holder of the Certificates, and that funds over the amount required for the next payment of principal and interest could be released to the City. This in his opinion would not impair the validity of the Certificates if agreed to by the Bank and its Attorneys, and stamped on the face of the Certificates. A letter from Mayor Saunders, resigning as City Councilman, and as Mayor of the City, was read as follows: "July 9, 1 9~1 City Counc il Delray Beach, Florida Gentlemen: As you know I have decided to enter the ministry and have made apDlication to the Candler School of Theology Emory University. I have just been notified I have been accepted, therefore please accept my resignntion as councilman and Mayor. The two and one-half years I have served as councilman have been most interesting and educational ~nnd it has been a pleasure to serve with each of you. I want to express my sincere apprecia- tion to each of you and to all the City employees for the fine cooperation you have given me. I have no fear of the Future of Delray Beach under your guidance. Yours sincerely, /S/ j.L. Saunders" Councilman Oacobs expressed his high regard for ~. Saunders, having seen him grow from a small boy, he stated, to his present high standing in the Community, and wished him continued success in his new endeavor. A motion was then made by Councilman Moth that the resigna- tion of Mr. Saunders be accepted with regret, with the Council's wishes for the best of luck in his new undertaking. The motion was seconded by Councilman Holland, and upon call of roll carried unanimously. Councilman Jacobs moved that Vice-Mayor Roth be named ~iayor . to £ill the unexpired term of Mr. Saunders. Councilman i, abler seconded the motion, which was unanimously carried upon call of roi1. ' Mayor lkoth then asstraed the Chair, pz'omising to act to th e best of his ability in the interest of the City, as ~qayor. The meeting then adjourned. City Clerk APP ROVED: Mayor