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11-12-51 NOvember 12,1951 Regular meeting of the City Council o2 the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Mayor Walter A.Roth in the 0hair, and City Sttorney Neil E. Mac~illan, City Manager Robert Lovelace, and the following Councilman present.. R.J.Holland, ~.A.Jacobs, John N. Kabler, and W. C. M~sgrave, a quorum being present. The minutes of October 29th, an adjourned session of the regular meeting held on October 22nd, were approved as written. Mr. Frank P. Gracey again appeared before the Counc~_l, on behalf of his client, Mr. John Garrett, and explained that he and Mr. Garrett h~d aopeared at a special meeting of the Zoning Board held on November 'gth~ at which time the Board had agreed to recommend that a temporary ~- permit be granted to Mr. Garrett to constr~ct an addition to his home on Let 10, Delray Beach Esplanade, which would be over a 5' utility easement on his own property. The Zoning Board's written recommendation to the Council was then read, as follows.- Members of the City Council Delray Beach, Florida Gentlemen .' The Zoning Board has reconsidered the request filed by Mr. Frank Gracey, for his client Mr. John Garrett, for a special permit to build an addition to his home which would be over a 5'utility easement on the rear of his property, and make the following re co~maendation .- That a temporary permit be granted, with no time l~m~t, if Mr. Garrett will assume entire responsibility (until such time as it conflicts with any other element), providing he agrees to apply for an abandonment of the easement from the Utility companies. Very truly yours, K~2~NETH JACOBSON Chairmen - Zoning Board After consideration, a motion was made by Counc~m~ Holland that a temporary permit be granted to Mr. Garrett, subject to Zoning Board restrictions, and that the City Attorney be instructed to prepare such an agreement, which will be revoked if the building is ever abolished. The motion~as seconded by Council~mn Kabler, and carried unanimously. Mr. C. C. Townes, owner of a tract of land of appro~m~tely 11~ acres, immediately north of the Police Pistol Range, in section 18, November 12,1951 addressed the Council with reference to trading this land for approx- imately 14 acres of land owned by the City lying East of the Seaboard Railroad, in section 18; or if the Council was unwilling to make such a trade, to accept a plat of his acregae, to be developed as a colored subdivision. Although his land adjoins a colored area ~ he felt that the City did not wish to extend the colored section in this location, and also needed a right a way from Atlantic Ave. to the Police Pistol Range, therefore he was offering to make this trade. Mr. Townes was advised that a right-a-way to the Pistol Range could be obtained from the Lake !.Jorth Drainage District, and the City was not interested in acquiring his land. No action was taken on approving the plat submitted. Attorney John H. Adams presented a tentative plat of a Subdivision of a part of Lots 26 and 27, section 9, lying between Ocean Boulevard and Andrews Ave., if extended, and North of N.E. 8th. Street, to be known as "Blue Seas" Subdivision. City Mana'ge~- L~velace explained that .the '.develapers,~ Mr~ AdAmS. and Mr..R.P..Swe_~m~n,~ had agreed, to install water mains, and pave dedicated streets. A discrepancy in zoning had been discovered, whereby the City had Zoned Lot 27 less the 200' as an apartment zone. It now appears that Lot 27 extends to the old section line which is in the center of Ocean Blvd., leaving only 164' west of Ocean Blvd. in this proposed subdivision as a residential district. It was proposed to dedicate 40' on the west line of the Subdivision for the future extention of Andrews Ave. The plat was referred back to the City Manager for checking of required width of street paving, and other details, before final approval. Attorney L. H. Brannon appeared before the Council on behalf of Roosevelt 0ordon, operator of a restaurant at 108 N.W. 5th. Ave. He asked the Council to approve the issuance of a license to serve beer and wine in this restaurant in connection woth the serving of food only. It was explained to Mr. Brannon that more than one license for the sale of liquor, wine or beer on one side of any one block is prohibited by Ordinance, and as there is a license in this block already, the request had to be denied. Mrs. W. J. Ohland again addressed the Council, complaining of the noise at the Royal Palm Ice plant at N.E. 2nd. Street and 3rd. Ave., which is caused by cutting ice on the platform outside of the building, and is continual, day and night. It constitutes a serious nuisance to residents of the vicinity, she claimed. City Attorney MacMillan advised that he had contacted officials of the Ice Co. ~nd they seemed willing to try to abate any nuisance. He offered to write them again ~nd ask them to enclose their machinery, and also suggested that an individual take action against the Ice Co. Mayor Roth stmted that smoke from their plant is also a nuisance at certain times, and there is water run?ing out of the back of the building constantly, which should be drained into a sewer line. November 12,1951~ After Further discission, and uoon motion of Councilman Kabler seconded by Councilman Musgrave, and unanimously c~rried, the matter was referred to the City M-nager ~nd City Attorney with instructions to take necessary steps to have the Royal Palm Ice Co. remove the following three nuisances: 1. Water drainage. 2. Excessive noise of machinery on platform. 3. Smoke nuisance. City Manager Lovelace presented a request for the use of the Civic Center building on available Tuesday nights, by the Delray Beach Glee Club, for rehearsals only, without charge. Their concerts will be given in the High School Auditorium, and the City will receive no revenue. Only the Youth Recreation program has had free use of the building, Mr. Lovelace stated, although he felt that the City should encourage ftullest possible use of City property for civic benefit. Councilamn Jacobs objected to charging the Little Theatre for the use of the building snd letting the Glee Club use it ~ithout charge. Councilamn Kabler then moved to instruct the City Manager to recommend a policy for the use of the Civic Center building, for approval of the Council, and in the meantime permit the Glee Club to use it on available Tuesday evenings, subject to h~s approval. The motion was seconded by Councilman Holland, and carried unanimously. City Manager Lovelace then advised the Council that in connection with the recent Fireman's Convention held in this City, which was financed by the Fireman's Association, a deficit of $ 233.19 had been incurred. He stated that Mayor Roth had suggested that the City bear part of this deficit, as the Firem~_n benefit by these State wide activities, and the City had gained publicity from the convention. Upon motion of Councilman Kabler, seconded by Councilman Holland, and unanimoulsy carried, the Mayor's recommendation to reimburse the Fireman's Association in the amount of $ 233.19, the total amount of their deficit, was approved. Upon motion of Councilamn Holland, seconded by Councilman Musgrave, and unanimously carried, it ,~as agreed to discontinue waste paper collections for the benefit of the Library until the price of paper warrants such operation, as recommended by the City Manager. City Manager Lovelace explained that the price of paper had been $ 1.10 per hundred pounds, which did not cover expense to the City in pick- ing it up. With reference to garbage and trash collections in the colored section, Councilman Holland stated that he had received complaints from colored citizens that garbage collections were made only twice a week, whereas collections were made three times a week in other parts of t~e City. He suggested that the Council encourage a comDaign among these people thenselves to keep their garbage and trash picked up and put in containers, with a promise to pick it up three times a week, using the truck released from paper pick-up to make the third collection in this section. Upon motion of Councilman Masgrave, seconded by Councilman Kabler and unanimously carried, the mstter was referred to the City Manager for action. November 12,1951 Councilman Kable~ also advised of danger in the colored section to children walking to and from school, especially on N. W. 2nd. Street, between 5th. and 8th. avenues. Parents were urging the City to make some arrangement, either by traffic control, or sidewalks for the children to walk.on, to insure their safety. City Manager Lovelace suggested a part-time traffic policeman, or a school boy patrol. Police Chief Croft advised that they had school boy patrols, but it was impossible to keep children from walking in the street when there was no other place to walk. He recommended that e ~idewalk be built, and that in the meantime a regular policeman be put on duty there during the hours needed. Councilman Kabler moved that the City Manager be instructed to submit estimates of the cost of different types of sidewalks on N. W. 2nd. Street, from 5th to 8th. Avenues, and that alternate protection be put there until the sidewalk can be completed, as recommended by the Police Chief. The motion was seconded by Councilman Holland, and .~ upon call of roll carried unanimously. Councilman Jacobs requested that the existing sidewalk on this street, between 8th. and 10th Avenues, be cleared of weeds which have grown over it, so that children will be able to walk there. A report from th~ Plumbing Board on an examination held recently, was read as follows: November 10,1951 Honorable Mayor, Members of City Council, Delray Beach, Florida Gentleme~ .- The Plumbing Board of the City of Delray Beach wishes to inform you that Mr. Robert M. Logan has ~recently taken the Plumbing examination and his grades are as follows: 45% out of a possible 210% It is recommended by the Plumbing Board that no City License be .~ ~ issued to this applicant at this time. Very truly yours, Ralph A. Hughson, Plumbing Inspector, Delray Beach, Fla. City Manager Lovelace explained that according to the City Code, the final decision of the Plumbing Board is only a recommendation to the Council for approval or disapproval, although he had checked further in the oral and written examinations taken by Mr. Logan, and agreed with the opinion of the Board that neither was satisfactory to entitle him to a license. After consideration, a motion was made by Councilman Musgrave, seconded by Councilman Kabler, end unanimously carried, that~ the recommendation of the Plumbing Board be approved, and Mr Logan be November 12,1951 denied an occupational license as a Plumbing Contractor. The following letter from City Attorney Neil E. MacMillan, with reference to qualifications of candidates for the Primary Election to be held on November 20th, was read as follows: November 1,1951 Mr. Robert Lovelace City Manager Delrey Beach, Fla. Dear Mr. Lovelace: Pursuant to your request I have considered the qualifications of ~be following candidates for City Council: Mr. Kabler Mr. Holland Mr. Talbot Mr. Jacobs Mr. Thayer Mr. Priest Mr. Henderson They are all qualified. Yours truly, /s/Neil E. A motion was made by Councilman Musgrave that the foregoing candidates be approved, and that their names be placed on the Primary Election ballot. The motion was seconded by Councilamm Jacobs, and carried unanimously. The following Ordinance was then brought up for second and final reading, and sam was read in full.' ORDINANCE NO. ~-128 AN ORDINANCE OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, AMENDING SECTION 265 OF ORDINANCE NO. G-II AS AMENDED BY ORDINANCE NO. G-90, PERTAINING TO EEEMPTIONS FOR OCCUPATIONAL LICENSES. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: "Disabled veterans of World War 1 and World War 11 and the Spanish Was, all confirmed cripples, deaf and dumb persons, and invalids physically incapable of manual labor, widows with minor dependents, and persons sixry five (65) years of age or over shall be allowed the same exemptions as such persons are now or shall hereafter be entitled to by law in connection with State and County Licenses. Application for exemption ~hall be made to the City Council of the City of Delray Beach. Proof of disability as required for State and County exemption shall be submitted with all applications." SECTION 2 .' Ail 8rdinances and parts of Ordinances in November 12,1951 conflict herewith are hereby repealed. PASSED in regular session on the second and final reading on this the %2th day of No?ember, A.D.,1951. Walter A. Roth S ATTEST: /s/. City Clerk 1st. Reading - October 29th,1951. 2nd. Reading - November 12th,1951. Passed and adopted - November 12th, 1951. Upon motion of Councilman Holland, seconded by Councilman Kabler, and unanimously carried, the foregoing Ordinance No. G-128 was passed and adopted as read. City Manager Lovelace advised the Council that an item of $ 2500.00 had been set up in the current budget for new awnings and courts for the Shuffleboard Courts. However, the Club members were only asking that the buildings be painted, both inside and outside, and rewired over the courts to insure safety, at an estimated total cost of $500.00 He asked approval of this expenditure. Upon motion of Councilman Jacobs, seconded by Councilman Musgrave and unanimously carried, the Council approved improvements st the Shuffleboard, Courts, as outlined by the ~ity Manager. The following names were suggested to serve on the Election Board for the Primary Election to be held mm November 2Oth, and upon motion of Councilman Kabler, seconded by Councilman Musgrave, and unanimously c~rried, aDpointments were confirmed: Clerk - King S. Cone Inspector - Nellie E. Cameron " - Harry Ketler " - Miriam Brown Cohen " - Ellen A. Larey . - ~lm. Blanche Lamb " - L. F. Ranson The following recommendation, with reference to Architect's fee on the new Jail Building construction, was read: November 12,1951 November 12,1951 City 0ouncil Delray Beach Florida Gentlemen: I am attaching hereto a statement from Kenneth Jaco~son, Arthitect, for services in connection with additions and alterations to the City Hall for Jail facilities, and I recommend that payment be made in the amount of $680.40, or 60% of %he amount of bid, as this is a fee for specialized work, which ~myopin~n does not require competiti~e bidding. Very trulyyours Robert Lovelace City Manager Above statement is filed in Jail Construction file. · e. Councilman Holland moved that the recommendation of the City Manager be approved, and a payment in the amount of $ 680.40 bemade to Mr. Kenneth Jacobson, which motion was seconded ~ Counci~m~n Kabler and unanimously carried. Plans for the construction of a Cadillac Sales Agency and Service Station on Lots 21, 22 and 23, Haller& Groarman Subdivision, on the N. Federal Highway, between 4th and 5th Streets, Hoyle Cadillac and Oldsmobile, Inc., applicants, was presented by the Building Inspector, who stated that all set-backs and regulations would be complied with, according to plans and specifications filed in his office. Upon motion of Councilman Holland, seconded by Councilman Jacobs, and unanimously carried, plans were approved, subject to final approval of the Building Inspector. The following letter from Byrd &Whitley, Attorneys for No~thridge, Inc., developers of a subdivision to be known as "Northridge", lying immedeately north of the present City~.~m~ts and east of Swinton Ave. was read by the City Manager: November 2,1951 Mr. Robert Lovelace City Manager city Hall Delray Beach, Florida Dear Mr. Lovelace: I wish to confirm my conversation with you at the City Hall on November 1, 1951, and, that is to say: That Northridge, Inc. has authorized me, as its attorney, to submit the following proposition in re~srds to the installation o~ a complete water distribution system in its subdivision located immediately North of the present City limits of the City of Delray November 12,1951 Beach, and the annexation of a part of said subdivision into the ..... City ltm~ts of the City of Delray Beach by ordinance, and the following is the tentative offer which you and I agreed upon at said conference .' 1. That Northridge, Inc. would instell, at its expense, a complete water distribution system as laid out and recommended by its engineer, George S. BroSkway, which water distribution system wOuld include Blocks 1,2, 3,4, and 5 and 6, according to the Nor~hF~idge Subdivision plat, and said water dis~ributionsy~teTM would provide for two (2) six inch (6") connecting water mainS~ One at the South limits of the subdivision along Seacrest Boulevard, i.e.N.E. Second Ave., and one at the South line of the subdivision on Swinton Avenue..Said water distributi- on system would include proper valves, fire hydrants ~nd other water lines and mains necessary for proper service to each of the lots included in the aforementioned six blocks. 2. That when said .~ater distribution system has been installed by N~rthridge, inc. the City of Delray Beach would connect with said distribution systemeither ~t th8 Swinton Avenue connection or at the Seacrest Boulevard connection, or both, if in the opinion of the officials of the City of Delray Beach both connections are necessary and advisable to give proper water supply within the boundaries of the above described lands. That the City is in a position to make said water connections at its expense from its p~esent water mains on January 1,1952, or shortly thereafter, provided the developers have completely installed and are ready for said connection on that date. 3. That the users of water within the boundaries of the aforementioned described land would ~ay to the City of~ Delray Beach water rates on the same basis as are now being ~aid by users of City w~ter outside the City limits of the City until such time as the aforementioned lands sre taken into the City of Delray Beach by proper ordinance, provisions of which are to be agreed upon by the City and Northridge, Inc. 4. That the developers will cause to be paved, at its expense, according to specifications prepared by George S. Brockway, Engineer, streets shown on said Subdivision Plats as Swinton Circle and Seacrest Circle, with proper intersections with Swinton Avenue and Seacrest Boulevard. 5. That at such time as the aforementioned lands, namely Blocks l, 2, 3, 4, 5 and 6 of Northridge, Inc. Subdivision, are tsken into the City by proper ordinance, then at that time the users of water within said ~ubdivision will pay the same rate as is paid by users of City water within the City limits of the City. 6. That ~t such time during the month of January 1952, or shortly thereafter, when the City annexes and takes into its City limits the aforementioned six blocks of land lying within Northridge, Inc. Subdivision, the entire water distribution system as paid for by Northridge, Inc. and installed will be turned over to the City by bill of sale, and the City will take over said water distribution system as the property of the City and will maintain the ~ame as other City water distribution pipes and lines are maintained. November 12,1951 That shortly after January 1, 1952, the City will, upon the petition and with the consent of the owners of all of the lands lying within the boundaries of said Blocks 1, 2, 3, 4, 5 and 6 and abutting streets, take that portion of Northridge, Inc. Subdivision into the City limits on the following conditions: (a) That said lands will be taken into the City l~m~ts subject only to the maintenance And operation tax of the City, and will not be liable for any tax for the old bond issues of the present City, however, the lands will be subject to tax for such future bond issues as Are voted by the free holders of the City. (b) That said lands will be placed in Residential "A" Zone. (c) That no municipal tax whatsoever will be levied against said lands for the year 1952 as said lands will not be taken into the City until after January 1, 1952, however said lands will be subject to 1953 City taxes on the same basis as other lands lying within the present City l~!ts ( except present bond tax levies). (d) That when said lands have been taken into the City the water rate to be charged for water within said Subdivision will be the same qs that charged for users of water in the present City limits. (e) That all water mains and the distribution system for supplying users of water within said Subdivision will be turned over to the City by bill of sale by the developers as the property of the City. 7. The remaining portion of Northridge, Inc. Subdivision, namely Blocks 7, 9, 9, 10 ~nd 11, will not be taken into the City at the time of the inclusion ~nd annexation of Blocks 1. 2. 3, 4, 5 and 6, but that said lands will be taken into the City at such time as the developers have extended their water distribution system into that part of said Subdivision, ond have installed their paved streets and roads, and after a conference has been held between the developers and the City Officials as to proper Zoning. I would appreciate very much if you would have the above and foregoing matters approved by formal resolution by the City Council, or, if said matters have hereto~or been approved, then your approval on a copy of this letter under the seal of the City of Delray Beach would be appreciated at your earliest convenience. Very truly yours, BYRD &~JHITLEY After discussion, Councilman Musgrave moved that the proposals of Northridge, Inc. pertaining to the installation of water ~mains, water ~t~s to be charged, paving of dedicated streets, and annexation of a oortion of Northridge Subdivision to the City of Delray Beach, be accepted. Novembe~ 12,1951 The motion was seconded by Councilman Jacobs, and carried unanimously u~on call of roll. A communication from J. L. Parker, Chairman,.of the Delray~each Athletic Committee, was re~d as follo~? ~ ~ · ° November 8,1951 Hon. Walter Roth, Mayor Members of Delray Beach City Council Delray Besch, Florida Gentlemen: Since the consolidation of Deltay Beach ~nd Boynton Beach High Schools, a committee composed of representatives from the various civic groups in the Seacrest High School attendance are~ hss been orga~ized ~or the purpose of building an ~thletic field on the new high school grounds. Such a group w~s necessary because the Palm Beach County School Board does not budget money for these purposes. Th&s committee is known as "The Seacrest Field Committee". They hope to have the new football field ready for use next year. Since Memorial Field in Delray was built primarily for the High School, the Seacrest Field Committee has requested t!~at all field equipment be moved to the new dield at the colse of this football sesson. Our committee feels t~at the equipment should be kept in Delray Beach and maintained by the city for the benefit of the public. On the other hand since the field was built and equipped through public donations for high school purposes, we do feel that the eoui~ment rightfully belongs to Seacrest High School and sh°u~d be mad~a~ailable~to ~t~wher~ever it will benefit the students most. After discussing this problem with the Seacrest Field Committee and others concerned and agreeing on a reasonable value for this present stationary equipment on the field, including lighting equipment, sprinkler system, and building but excluding the bleachers, we recommend t~at the City of Delrsy Beach purchase this equipment from our committee at a price of forty-five hundred dollars, payable at fifteen hundred dollars per Near for the next three years, with instructions to us to donate these receipts to the Seacrest Field Committee. This will allow the city to keep the present field at a small cost snd st the ssme time help the $eacrest Field Committee to replace the equipment for High School use. Respectfully submitted, J. Z. Parker, Chairman Delray Beach Athletic Committee JZP:mm November 12,1951 Mr. Parker, being present, ~urther stressed the fact that funds with which equipment on the ^thletic Field was purchase~, were donated by local citizens, but that the City hsd profited greatly by the ' recreational facilities at the field. He felt t~at this field should be maintained by the City, and at the same time the Seacrest High School committee should be permitted to go ahead with their program ~t the Seacrest High School. Mr. King S. Cone, a member of the Athletic Committee, and Mr. George Stantonm representing the Veterans of Foreign Wars, urged the Council to purchase the equipment now on the Athletic Field, in order to keep this field in operation for the benefit of the City, as '~ well as to give the Seacrest High School Committee a Fund to aid in equipping a new ~ield at the Seacrest High School. City Attorney Macmillan advised that in his opinion the building, which is located on City Property, belongs to the City, but he felt that the aity might purchase the moveable equtoment, if the Council thought it advisable. It was pointed out by the City Manager that while the City had not contributed financially to the operation of the Field, it had contribute d materially by furnishing grass and water, building fences, and assuming the risk involved at the Field, for which it has received no income. In his oointon the equipment now on the Field should be considered City property, and whatever money is paid for it now should be considered a donation. After further discission, Councilman Jacobs moved that the City purchsse the fixtures ~nd equipmwnt on the Athletic Field as offered by the Athletic Committee, if proper title can be given for it. Mr. T. R. Jones, Principal of Seacrest High School, also addressed the Council. He explained that the Seacrest Athletic Committee planned to have its field completed by neet year, but it was their p~ltcy to spend money only as it wss ~votlable, and that by selling the equipment on the present field they will be able to put in lighting equipment on the new field, He felt that the Seacrest Committee did have a moral claim on that equipment, as people had believed they were donating to the High School Athletic Committee, and not to the City, when the equipment was purchase~, It was the consensus of opinion of the Council that the equipment should be retained for Future use on the Athletic Field, and Councilman Jacobs motion to purchase removable personal property, was seconded by Councilman Musgr~ve, Upon call of roll the motion carried unanimously. Estimate no. I from Jack E. Carver, Contractor on the Sea Spray Ave. storm drainage project, in the amount 'of $ 1,436.66, was presented by the City Manager, who recommended payment, and upon motion of Councilm~n Jacobs, seconded by Councilman Holland, and unsnimou~ly c~rried, this payment was apDroved. City Manager Lovelace presented an offer f~om the Carpenters Union, owners of Lot 13, Block lO1, to pay principal in ~ull on storm sewer assessment ~gainst this property, without interest, as required, claiming that they had derived no benefit from the storm sewer until m~nholes had very recently been lowered. November 12,1951 Mr. Lovelace stated that the accrued interest amounts to $ 66.86, and their offer to pay princioal only had been turned down, as he believed the Council has no authority to Abate interest on improvement liens. The storm drain has been installed, and while it doesN't drain the street actually at this time, when the street is repaved with new grades, it will drain e~ectively. In addition, the City has lowered the inlets at this loc~tion, and constructed one new inlet, and he felt that conditions of the special assessment were more than satisfied. Councilman Musgrave believed that the improvementwas not complete until the City drained the w~ter from the street recently, and that interest on the assessment should not be charged until that time. However, Mr. Lovelace contended tha~ the storm sewer had been put in according to soecific~tions, that the work was completed As proposed, ~nd the assessment should h~ve been p~id then. The City has since done extra things which it was not required to do, ~nd in his opinion the City must take a firm stand on collecting assessments. He recommended that the Carpenter's Union be required to pay interest ~t the regular rate in' full. After further consideration, a motion w~s made by Councilm~n Kabler that the City M~nager's recommendation be upheld. The motion w~s s,conded by Councilman Jacobs, and upon call of roll carried Councilman HollAnd, Xabler, ~Tacobs, and Mayor Roth voting in favor of the motion, and Councilm~n Musgrave voting against it. The Council instructed the City Manager to i~stitute necessary proceedings to provide for safe speed of traffic on Ocean Blvd. immediately, and while the Atlantic Ave. bridge is closed, uoon motion ~fi~Counc~lman KAbler, seconded by Councilman Holland, and unanimously carried. Upon motion of Councilman Holland, seconded by Councilman Kabler, and unanimouSly carried, bills totaling $ 61,343.71 were approved for payment, subject to approval of the Finance Co~ttee. The meeting then adjourned. /si City Clerk