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09-10-51 SEPTE?~BER 10, 1951 Regular meeting o£ the City Council of the City of Delray Beach was held in the Council. Chambers at 7:30 P.M. with Mayor Walter A. Rot~ in the Chair, and Acting City Attorney ~eil E. MacMillan, and the following Councilmen present: H. J. Holland, W. A. Jacobs, John N. Kabler, and W. C. Musgrave, a quorum being present. The following Ordinance, amending Ordinance No. G-121, pertain- ing to the Civil Defense program, which was brought up for second reading on AUgust 13th and held in abeyance to clarify certain points with Col. E. F. Altman, the County Director of Civil Defense, was again brought up a~d read in full as follows: ORDINANCE NO. G-121 AN ORDINANCE OF THE CI'l"/ COUNCIL OF THE CITI OF D~.RAY BEACH, FLORIDA, CREATING THE OFFICE OF D~TOR OF CIFIL DEF~$E, OUTLINING THE DUTIES AND AUTHORITY OF THE DIREOTOR4 PROVIDING FOR DECLARATIONS OF EMERG~fCIES AND PROVIDING FOR P~ALTIES, FOR FIOLATIONS OF THE ORDINANCE AND FOR VIOLATIONS OF FEDERAL AND STATE RF~ULATIONS INCORPORATED HEREIN. ~2~EAS, There is an existing and increasing possibility of the occu~amce of disaster or emergency, of unprecedented size and distructiveness resulting from enemy attack, sabotage, or other hostile action, or from natural cause, and in order to insure that preparations of this City will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect ~be public peace, health and safety, and to preserve the lives and property of the people of the City, it is necessary that the office of Director of Civie Defence be ~ created, ~OW, ~HERE~ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF D~.~AY BEAOH, ~LORIDA: SEC?ION 1.' ~hat the office of Director of Civil Defense is hereby ere,ted by the City Council.. The Director of such office shall be appointed by the Mayor, and the appointment shall be approved by the City Council. He shall serve at the pleasure of the City Council. SEOTION 2 ~ The duties and authority of the Director of Civil Defense shall be as follows ~ a. He shall be autborize~ to appoint an Exective Co,w~ttee,whic~ shall include the City Manager, Chief of Police, Chief of ~he ~ire Department, and a local representative of ~he Palm Beach County Red Cross ~irst Aid Cow~ttee, and ~he Public Health Officer of the City of Delray Beach, and shall also i~clude such other individuals as the Director shall designate. b. He shall have such authority as implied and set forth by Federal or State laws or directives. c. He is instructed to cooperate with the County Director of Oivil Defense in the protection of unincorporated territory lying adjacent to the City. d. ~e shall, by himself, or together with his Exective Board, be the ruling body over all Civil Defense for this City. 3. He shall set up such ~Organization as he deems necessary, or is directed by the State or Federal authorities to set uP, for the proper defense of the City, and shall Set up and ~ maintain an organizatiOnal chart in the Civil Defense office. He shall have the authority to make'all appointments, and his appointees shall serve at his pleasure. f. He shall hold a ~egular monthly meeting of his Executive Committee, at such date as he shall set and the City Council shall be notified of the time and place of holding such meetings. Ail such meetings shall be open to the public. He is also authorized to hold such other meetings at such time and place as he shall deem necessary. g. He shall maintain a per,~ent suggestion file, ~_~ which all suggestions for Civil Defense by ~e public, or others, shall be filed. The Director and his E~ecutive Board shall act on all suggestions at each regular meeting, which have not been acted on to date. Each suggestion shall be either dismissed, filed for future consideration, or put into effect. h. He shall maintain, at City expense, a Civil Defense Office at all times, within the City l~m~ts of Delray Beach, Florida. He shall determine what hours the office shall be open and shall post a notice to that effect at such office. i. He shall spend such City money for Civil Defense as approved by the City Council, and shall set up a yearly budget and SUbmit same to the City Council at the proper budget time. J. He shall submit to the City Council, in very brief form, a monthly report of all non-secret defense measures and procedures in current operation. Such report shall be amde available to the press. k. He shall submit to all local newspapers such directives, educational information and reports as he deems necessary to properly educate and inform the general pUblic om Civil Defense and the necessary precautions to be taken. 1. He shall be authorized to conduct such registration as he deems necessary of all persons and material that exists within the City limits of this City. ~EC~.ION 3: The director shall use such insignia as is designated by State and Federal Civil Defense authorities. Unless an emergency has been declared, no identification, insignia, eqt~ipment or supplies shall be issued to any one who has not completed the m~..,m course of training for that activity as prescribed by the County, State or Federal Office. S~C~ION ~.~ Upon the declaration of an emergency in the surround. ing area, the City Manager and Director of Civil Defense are authorized to take such measures as they deem necessary to cooperate fully in bringing relief to the affected area. SEC.T. ION 5: Local emergencies existing in the City of Delray Beach shall be declared by the Mayor, City Council, City Manager, of in case of the absence of the foregoing, by the Director of Civil De lense. 85CTION 6; Any person who shall use Civil Defense insignia without authority, and any person who shall violate any of the provisions of this Ordinance or any of the provisions of Federal and State laws, regulations or directives so as to endanger the common defense, public peace, health and s~fety of this City, shall upon conviction thereof be punished by a fine of not exceeding $ 100.00 or by imprisonment in the City Jail for not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the Municipal Judge. PASSED on second and final reading on this the 14th day of May, A. D., 1951. /~/ ~. L. Saunders Mayor $ ATTEST: /s/ %th R. City Clerk Col. Altman, being present, approved of the amendment with the exception of the last paragraph which states that the Mayor, the City Council, or the City Manager shall have power to declare an emergency. He explained that only the Governor of the State has the power to declare an emergency to exist under the auspices of Civil Defense. If a disaster occurs, an emergency is declared in that territory by the Governer, and the State takes over the situation and bears all expenses, under the Civil Defense program. Col. Altman further stated that he considered our original Ordinance No. G-121 to be one of the finest in the State of Florida, insofar as duties and authorities are outlined, but that the City Council mast be designated as the Civil Defense Council, with the Mayor as Director, although a sub-Director may be appointed by the Council, to function at all times. He also advised that Federal funds had been allocated to Palm Beach County for needed materials and equipment, in which Delray Beach will participate. After consideration by the Council, and upon motion of Councilman Kabler., seconded by Councilman Holland, and unanimously carried, the Acting City Attorney was requested to redraft the above proposed Ordinance, omitting the last paragraph, to be passed at the next regular meeting as an emergency measure, to avoid further delay. The Clerk then presented a resolution adopting an operating budget for the fiscal year 1951 - 1952, as prepared by the City Manager and approved by the City Council at a public hearing held on August 27th, which was read in full as follows .' RESOLUTION NO. 813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DY.RAY BEACH, PALM BEACH COUNTY, FLORIDA, ADOPTING ITS ANNUAL BUDGET OF ESTIMATED EXPENSES ~OR THE FISCAL YE~._R.~.i_~5t - 1952, AND LEVYING A TAX ON ALL PROPERTIES WITHIN THE 0ITY OF DELRAY BEACH FOR MAINTENANCE AND OPERATION, AND LEVYING A TAX FOR A PA]24ENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS AGAINST THE PROPERTY LOCATED IN THE FORMER CITY OF DELRAY, AND ALLOCATING AND APPROPRIATING SAID COLLECTIONS THEREUNDER. WHEREAS, the City Council of the City of Delray Beach, Beech County, Florida, has prepared its budget of estimated expenses for the fiscal year 1951-1952, and has also determined the amount of millage necessary to be levied on all property in said City for the maintenance and operation of said City and for the payment of bonds and the interest thereon, for the payment of which, under the provisions of the City Charter, a tax should be levied against that portion of said City which constituted the former City of Delray, NOW, THERF~RE, BE IT RESOLVED, by the City Council of the City of Delray Beach, Palm Beach, County, Florida, that the following budget of estimated expenses for the fiscal year of the City commencing October let,1951, and ending Septe~r 30th,1952, is hereby agreed upon and adopted, and the amount of money fSr all of the respective purposes set forth below is needed for the operation and/or maintenance of said City during the said fiscal year, and there is hereby appropriated to such respective purposes the amount of money set opposite such respective purposes .' 1951 - 1952 Anticipated Expenditures Administration ............ $ 49,602.00 Department of Public Safety ..... 68,495.00 Public & Recreational Facilities ---- 80,935.00 Department of Public Works ---------- 110,573.00 Legal and Prison ..... 4,530.00 Donations ........... 15,600.00 Miscellaneous = - ------- 50,402.33 TOTAL ..... $ 380,137.33 BE IT FURTHERRESOLVED that the estimated amount of revenue to be used for maintenance which will be derived by said City during said fiscal year from sources, other than current tax levy, is as follows~ Interest and Fees .... $ 2,000.00 Utility Taxes ....... 35,000,00 Franchise Taxes -- - -- --- - 14,000.00 Occupational Licenses ..... 35,000,00 Fines and Forfeitures ...... 6,500.00 Permits ....... - - - ..... ------ 6,000.00 Pool Receipts ...... .- 1,000.00 Tennis Receipts ..... 1,500.00 Dock Fees ........ 2,000.00 Parking Meter Collections ----------- 5,000.00 Police Radio Rental ...... 700.00 Sale of Oemetary Lots ..... 100.00 Rents Received ...... 1,000.00 / Sept.lO,1951 ') S Tobacco Tax ..... 55,000'00 Delinquent Taxes ----------- .... 1,000.00 Use of Public Works Equip.by Water Dept. 4,000'00 Golf Course Receipts .... 25,000.00 $ 194,800.00 Revenue to be produced by an operating Tax Levy of 12.6 Mills on net assessed valuation of $ 14,709,312,00 --------- 185,337.33 TOTAL - ---~ $ 380,137.33 Debt Service Interest and Sinking FUnd - 6 Hills on assessed valuation of $ 14,286,578.00 ----------- $ 85,719.47 BE IT FURTHER RESOLVED ~hat there shall be and is hereby appropriated for the payment of several items of eXpenditure~oteling the aggregate sum of$ 380,13~.33, the revenue derived from the Tax of 12.6 Mills which is hereby levied on all taxable property within the City of Delray Beach for the fiscal year 1951-1952, the assessed valuation on all taxable property for operating purposes within the City of Delray Beach being $ 14,709,312.00 for operation and/or maintenance expenses of General Government, and also in addition, all revenues derived by said City during said fiscal year from all other sources than the Tax Levy for current bond service, and that part of collection of delinquent taxes levied for bond service. It is further found that the amount of money necessary ~o be raised for bond debt service for bonds and interest which constitutes an indebtedness of that portion of the City of Delray Beach, which was formerly the City of Delray, and that there is hereby appropriated for the payment thereof, all revenues derived from the ~ax levy of 6 ~ills hereby levie~ for that purpose for the fiscal year 1951-1952 'upon the taxable property in that portion of the City of Delray Beach which was formerly the City of Delray, the assessed valuation being $ 14,286,578.00. PASSED AND ADOPTE~ BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, THIS l(~th DAY OF SEPTEMBER, A. D. ,1951. /M/Walter A. Mayor S ATTESTs City 01erk A motion w~.s made by Councilman Holland and secOnded by Councilman Jacobs, that the foregoing Resolution No. 813 be passed and adopted as read. Upon call of roll the motion carried .unanimouAly. A resolution setting up an operating budget for the Water Department was then presented, and read as follows: RESOLUTION NO. 814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA ADOPTING .ITS ANNUAL BUDGET OF ESTIMATED EXPOSES AND R~r/t~UE OF THE WATER SYSTE~ REV~I~UE ACCOUNT AND ALLOCATING AND APPROPRIATING SAID COLLECTIONS THEREUNDER. WHEREAS, the City Council of the City of Delray Beach, Palm Beach County, Florida, has prepared its budget of estimated revenue and expenses of the Water System Revenue Account in accordance with Ordinance No. G-Il0 NOW, THEREFORE, be it resolved by the City Council of the City of Delray Beach, Palm Beach 0ounty, Florida, tha% the following budget for the Water System Revenue Account for the fiscal year of the City commencing October lst,1951, and ending September 30,1952, is hereby agreed. Upon and adopted, and ~here is hereby appropriated to such respective purpose the amount of money set opposite such respective purposes. 1951 - 1952 PUR~O. SE Anticipated Expenditures ADI/INISTRATION ......... $10,344'00 PLANT OPERATION ..... 15,500.00 ~ CERTIFICATES-Int.&Retirements- 16,160.00 MAINTENANCE & METER READING---------- 15,908.00 CAPITAL IMPROV~/E~TS - -., 68.488.00 $ 126,400.00 1951 - 1952 SOURCE Anticipated WATER S~ T.~..~ TAPPING CHARGES --- ..... --: -- 6,000.00 SERVICE CHARGES ....... 400,00 $ 126,400.00 PASSED in regular Session on this the lOth. da7 of September, A. D., 1951. /S/ Wal~er A. Ro~h MaTor ATTEST ~ /s! uth R. Cit7 Clerk Sept.lO, 1951 ~ ~ Upon motion of Councilman Kabler, seconded by Councilman Holland, and unanimously carried, the foregoing Resolution No. 814 was passed and adopted as read. The Council then considered a recommendation of the Zoning Board to require a minimum height of 12' for all buildings in business districts. Miss Dorothea Galvin, a member of the Zoning Board, explained that thief reason for this recommendation was to insure a uniform building height as side streets are developed in business sections, and also to provide sufficient ventilation, especially if one store space should be divided into several _~_all stores. Mr. Ralph Hughson, Building Inspector, also endorsed this r~commendation, stating that in a Special Business Zone on the Federal Highway a 12' building height is required, but beyond that Zone there are no restrictions as to height or width of b~ildings. He felt restrictions should be extended over the entire buS,ness section.. Mayor Roth did not feel that regulating the building height would control the ceiling height, and believed that it would impose a hardship on property owners. Councilmen Musgrave and Kabler were also opposed to such restriction. Mr. Xabler felt that on Atlantic Ave. and the Federal Highway, where this building height is required, property is expensive, and it is a reasonable requirement, but persons investing in cheaper property on side streets, sbuu~d have a chance to build smaller buildings. Councilman Holland considered present regulations discr~m~uatory, and Councilman Jacobs also favored approval of this recommendation as a step toward f~ture planning. After further discussion, a motion was made by Councilman Kabler, seconded by Councilman Musgrave, and unanimously carried, that action be deferred for further study, and the Acting City Attorney was requested to furnish a report on the legality of such restriction in all business districts. ~he following memorandum from the Tax Assessor, with reference to certain uncollectable items on the personal property Tax Rolls, was read .- As there was a question of the authority of the Council to cha~ge off Taxes Which were legally assessed, a motion was made by Councilman Kabler, and seconded by Councilm~n Holland, that the City Attorney be - instructed to confer with the Tax Assessor as to these recommended charge-offs, and report at the ne×t meeting. Upon call of roll the motion carried unanimously. With reference to parking space in front of the Lutheran Church School on N.E. 5th. Ave., between Atlantic Ave. and 1st. Street, Mayor Roth ~xplained that there are parking meters on the West side of this block only, and cars are allowed to park on the East side all day, making it impossible to load and unload children in front of the School. He asked that a space be marked off as a ~School Zone", to correct this situation. Upon motion of Councilman Holland, seconded by Councilman Kabler, and unanimously carried, the City Manager was instructed to have two parking spaces marked off in front of the Lutheran School, to be designated as a" School loading and unloading Zone.", Councilman Kabler then moved that the following policy be established "Ail marked-off zones within the City limits shall be left to the discre%ibn ~of the City Manager". The motion was seconded by Counci!m~n Holland, and was unanimously carried. Councilman Jacobs advised the Council that he had received many complaints on the early morning c~llection of garbage. He stated that there was no occasion for starting garbage collections in residential areas at 5 A.M. while people are still sleeping. He felt it was abusing the rights of citizens, and asked that collections be made at a time when they will not interfere with~ other people. After consideration, a motion was made by Councilman Kabler to instruct the City Manager to make a survey and report, whereby the collection of garbage in residential areas can be eliminated before ? o'clock in the morning. The motion was seconded by Councilman Holland, and carried unanimously. A letter addressed to Councilman Holland, from Mr. & Mrs. D. O. Seabloom,with reference to the location of a gagare on thief property, was read as follows~ Dear Mr. Holland: We, my wife and I, are taking this liberty in writing you personally concerning a situation which has arison over a request, by the Delray Development Co. Represented by Mr. Nail MacMillan, to move our garage which has been encrouding upon lot 24 -Block B, on Swinton Ave. in the Pineridge Heights Section. The Delray Development Co. Stated in their letter of July 31,1951 that the encroachment was 18 inches which was incorrect. A correct survey by Mr. ~eorge S. Brockway of West Palm Beach, verifies the statement as only seven-tenths more or less of a foot encrochment. After consulting the Build/_~g Inspector, Mr. Ralph Hughson, for a moving permit, we were informed that a permit was unnecessary if the cost was under $50.00. He also told us to move it only the desired number of inches required to clear the adjoining lot. This we did on Sept. 1st. 1951. Mr. Hughson notified us that the moving of our garage was a violation to the City Ordinance and that we must make the correction of moving to the ~ feet. We bought this property in 1945 and this house and garage were. i. built 27 years ago. Therefore to move this garage again to the required 7~ fe~t according to the building code' it will not only place the garage practically over the septic tan~, but work undue hardships financially. This will also destroy our shrubbery and make it impossible to drive a car into the garage. We therefore appeal to the City'Council for a special permit to leave it at it's present location. Very truly yours, D.O.Seabloom Helena L. Seabloom Mr. Ralph Hughson, Building Inspector, explained that he had discussed this with the Chairman of the Zoning Board, who felt that due to the fact that the garage is an old building, the City COuld not make her move it back to COnform to present requirements. However he was latee informed that he was wrong, and had advised Mrs. Seabloom that she must move the building back 7~' from her Side property line. Attorney MacMillan pointed out that the Zoning Ordinance provides that a violation of a set-back of a building constructed before 1938 can stand, but if the building is moved it must comply with ~e present regulations. Councilman Holland contended that as long as the building had been moved a few inches without a permit from the Building Department, the Council had no authority in the matter. Councilman Holland then moved that if Mrs. Seabloom wishes to pay the fee required for application for a Special Permit, the matter be referred to the Zoning Board for consideration and recommendation back to the Council. The motion was seconded by Councilman Kabler, and carried unanimously. Upon motion of Councilman Holland, seCOnded by Councilman Kabler, and unanimously carried, bills totaling $40,881.42 were approved for payment, subject to approval of the Finance Committee. An Ordinance to amend the City Code with reference to the hours during which liquor can be sold within the City, was brought up for first reading, and read in full as follows.' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 11 OF CHARTER Vlll OF THE CITY CODE OF THE CITY OF DELRAY BEACH, FLORIDA, AND AM~DING SECTION 10 OF CHARTER Vlll OF THE CITY CODE OF DELRAY BEACH, FLORIDA, PERTAINING TO THE HOURS OF SELLING, SERVING, CONSUMING, DELIVERING, OR PERMITTING TO BE SOLD, SERVED, CONSUMED OR DELIVERED ANY ALCOHOLIC BEVERAGE CONTAINING OVER 1% OF ALCOHOL BY WEIGHT, IN THE CITY OF DELRAY BEACH, FLORIDA. Upon motion of Councilman Musgrave, seconded by Councilman Holland and unanimously carried, the foregoing Ordinance was placed on first reading. The meeting then adjourned. ~PPROVED: City Clerk Mayo~ ............