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01-11-492anuary Llth, 19~9 Re_~ular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at ~:30 p. m. with Mayor J. L. Saunders in the Chair, and City Attorney John Moore, City Manager Charles E. Black, and the following Councilmen present: L. H. Brannon, John N. Kabler, Neil E. MacMillan and Walter A. Roth, a quorum being present. Mr. Harold Izzes of the Guardian Title and Abstract Co. of West Palm Beach appeared before the Council with reference to Street Imorovement liens assessed against Lots 4 to 7, inclusive, Block 12, Dell Park in June of 1940, which he claimed were erroneously assessed as title to the property was in the State of Florida, under the Murphy Act of 1939. He claimed that when the title to prop- erty rests in t~e State it dan not be levied upon by any other taxing agency under Florida Statutes. City Attorney Moore stated that before a Municipality can impose an im- provement lien on lands owned by the State certain prerequisites must be com- plied with which were not complied with in this case, therefore in his opinion these liens were not valid, and he recommended that they be cancelled. A motion was made by Councilman Brannon, seconded by Councilman Roth that 1940 Street Improvement Liens assessed against Lots 4 to 7 inclusive, Block 12, be cancelled, and the owners notified of this action. Upon call of roll the motion carried, Councilman MacMillan not voting. The Clerk was instructed to furnish the City Attorney information regarding the balance of these liens, for his advice. Mr. Albert G. Khouri, Manager of Albert's Linen Shop at 812 East Atlantic Avenue, addressed the Council requesting the passage of an Ordinance to restrict the operation of Auction sales in the City, cla~ming they were unfair competit- ion to merchants operating in a regular manner. Mr. Khouri stated that an auction sale should be allowed only for the closing of an estate, c~ for dis- posing of merchandise, and not as a legitimate business, and urged the Council to take immediate action to prevent the granting of another license for an Auction Sale, similar to the one operating in The Village on East Atlantic Avenue. City Attorney Moore advised Mr. Khouri that he was studying Ordinances from other Cities, and an Ordinance would probably be passed by the Council to control this type of business, in the near future. Mayor Saunders then read his recommendations for appointments of Department Heads and Committees for the coming year. No changes in personnel were rec- ommended with the exception of the office of Building Inspector, and Mr. F. J. Schrader was recommended by Ma~or Saunders for this position to replace Mr. T. H. Popp. A motion was made by Councilman Kabler, seconded by Councilman Both, that the recommendations of Mayor Saunders be confirmed, and the appointment of F. J. Schrader as Building Inspector be approved. Upon call of roll the motion carried unanimously. Appointments of Department Heads City Manager City Clerk & Treasurer Tax Assessor & Collector Police Chief Fire Chief Charles E. Black 'Ruth R. Smith Alice A. Deaderick R. C. Croft John R. Gregory JANUARY llTH, 19~9 Building Inspector Plumbing Inspector Supt. of Public Works Municipal Judge Pool Manager Dock Master Auditor F. J. Schrader George Pinckney A. R. Cook W. E. Wilcox David Yates Frank H. Seely, Jr. Bids Finance & Ordinance Committee Streets & Lighting J. H. Kabler, Jr. L. H. Brannon J. L. Saunders Chairman L. N. Brannon, Chairman Walter Roth J. N. Kabler, Jr. Water Committee Sanitation Committee Nell MacMillan, Chairman J. N. Kabler, Jr. J. L. Saunders J. L. Saunders, Chairman Neil MacMillan Walter Roth Pa~ks~ Beautification, & ..Gqlf Coup. se Walter Roth, Chairman L. H. Brannon Neil MacMillan Tax Adjustment Board S. Eugene Burd King S. Cone W. J. Johnston Zoning Board Plumbing Examining Board Garland Thayer John MacNab King S. Cone Kenneth Jacobson R. Bruce Puckett George Pinckney, Plumbing Insp. J. L. Saunders Nell MacMillan Lacy T. Love' Fred Be~er Gus Anderson Electrical Examining Board F. J. Schrader, Electrical Insp. Dan Meadows, F. P. & L. L. ~. Brannon J. N. Kabler,~Jr. R. C. Keen R. J. McLaughlin Councils member of Golf Committee Mike L. Blank A motion was made by Councilman Brannon that Attorney John Moore be em- ployed as City Attorney for the current year, which was seconded by Councilman Kabler, and upon call of roll unanimously carried. The result of a recent poll of Golf Club Members to elect a Golf Committee was reported by the City Manager as follows: R. C. McFadden, George Tegeler, Mrs. J. R. Nieder and Mrs. George Boughton receiving the highest number of votes, the fifth member of the Committee to be appointed by the City Council. 5 JANUARY llTN, 1949 A motion was made by Councilman MacMillan, seconded by Councilman Kabler that ~{ike Blahk be appointed to serve on the Golf Committee as Chairman. Councilman Brannon opposed the naming of a Chairman of the Committee by the Council, as authority had been given them to name their own Chairman. Councilman Brannon recommended C. J. Manson as a member of the Golf Committee. At the suggestion of City Manager Black it was agreed that Mike Blank be named as Chairman Pro-tern in order that the Committee could start functioning, and upon call of roll the foregoing motion carried, Councilman Brannon opposing. The following letter from the Delray Beach Property Owners Protective Association was then read: "January 10, 1949 Mr. John Saunders - Mayor Members of the City Council, Dear Sirs, The Property Owners Protective Assn. wishes to go on record with a strong protest against allowing advertizing Bill Boards to be erected along our City streets. Such signs cheapen Delray and deface the landscape. The fine work of other organizations towards the beautification of our City is counteracted by having such signs along the residential streets. The P. O. P. A urges the Council to prohibit all BillBoards within the OityLimits and to order the removal of those already erected. Yours truly, (Signed) Dorothy D~y MitcheLl Secretary" A letter from the Delray Beach Garden Club was also read as follows: "January 7, 1949 The City Council Delray Beach, Fla. Gentlemen: At the last meeting of ~he Garden Club of Delray Beach, January 5, 1949, a motion was made that this club go on record as being opposed to the erection of bill boards, signs etc. on any of the city streets, especially U. S. # l, Federal Highway. The Garden Club is asking that you take whatever action that is permissible toward removing these signs and to prevent the erection of others in the future. Thanking you for your consideration in this matter, I am Yours very truly, The Delray Beach Garden Club By: (Signed) Mrs. Henry Gordon Cot. Sec. JANUARY llTH, 1949 A motion was +~hen made by Councilman Brannon that an Ordinance be drawn prohibiting any signs or bill boards of advertising nature on the Federal Highway · or Atlantic Avenue, and that requests for the erection of signs of any nature be brought before the Council before a permit is granted, except that extablished merchants be granted permission to erect signs parallel with the building, not to extend out over the sidewalk beyond the thickness of the sign. City Manager Black advised uhe Council that there is an existing Ordinance regulating the size and placing of si~ns, and requiring a permit for their erection but there had been violations of the ordinance. Mr. B. C. Butler, from the audience, felt that an ordinance reauiring the placing of all signs flat against the building would cause a hardship to merchants who already have expensive banking signs. It was explained that merchants would be, given a reasonable length of time to comply with the Ordinance, and the expense cf removing and replacing signs during a storm would be eliminated, as well as the hazard caused by falling signs. The foregoing motion was seconded by Councilman MacMillan, and upon call of roll carried unanimously. (No period of time to be allowed for compliance with this Ordinance included in the motion). Request of Louise S. Smith to operatie a dark-room in connection with her photography business, which is conducted from Lake Worth was denied, and she was asked to make formal application for such license from a business address and furnish two letters of reference. In a motion by Councilman ~rannon, seconded by Councilm~n MacMillan, unan- imously carried, the Council agreed to p~y the cost of electricity used by two flood lights to be installed by the Veterans of Foreign Wars to light the Memorial in the City Park. Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously carried the City Manager was authorized to place an order for an additional traffice light to be installed at the corner of the North Federal Highway and 8th. Street, at a cost of approximately $ 500.00. City Manager Black advised the Council of a request from Taxi-Cab operators that our License Ordinance be amended to provide for the purchase of a license for a Taxi-Cab for a period of from three to six months, instead of for a full year, because of the excessive cost of ~.~ insurance, claiming that by can- celling their insurance policies after the season they forfeit certain fees which makes the price of insurance excessive. Action on the request was deferred fc~ consideration of insurance reQuire- ments, the Council feeling that other business concerns might,feel justified in making the same request, ii' granted. A communication from the Zoning Board with reference to request for certain changes in zoning restriction in John B. Reid's Village was then read as follows: "January 5, 1949 City Council City of Delray Beach Florida Gentlemen: Your Zoning Board called a public hearing at 7:30 P. M. January 4, 1949 to JANUARY llTH, 1949 consider the request of Mr. C. Y. Byrd for his client John B. Reid regarding a change in zoning in the folio, lng parcels of the John B. Raid's Village sub-division: 1. All that portion of Block 150 and Block l&9, of the old plat of De]may, and now a part of Block C of the John B. Reid' s Village subdivision which is not now zoned as Limited Business be changed to Limited Business so that the entire Block C will be in Limited Business zone. 2. All that portion of the South half of Blocks l&l and l&9 of the old plat of Delray, now Block N of the John B. Reid,s Village subdivisionwhtch is not now zoned as Special Hotel and Apartment zone be changed from Residence "A" zone to Special Hotel and Apartment Zone. 3. All that part of Block 142 and 150 of the old plat of Delray, now Block D and Block M of the John B. Reid.s Village subdivision which is not now zoned as Special Hotel and Apartment Zone be changed from Residence "A" zone to Special Hotle and Apartmmnt Zone. ~. Ail that part of the North half of Block 143 and 151 of the old plat of Delray, now a part of Block E and L of the John B. Reid'S~illage subdivision and now zoned as Residence "A" be changed to Special Hotel and Apartment Zone. Each Item was considered separately and there were no objections presented to ;~ any of the changes requested; therefore, yoar Zoning Board recommends that the zoning changes requested be approved. A meeting of the Zoning Board will be held at an early date to give consider- ation to the minimum 35 foot setback for streets in business districts; also, to re-word the Ordinance governing side property line setbacks. Very truly yours, KBC: sab (Signed) Kir~g~ S..Cqne Chairman, Zoning Board" On motion of Councilman MacMillan, seconded by Councilman Kab!er, unanim- ously carried the recommendation of the Zoning Board was aoproved, and the City Attorney was instructed to prepare an amendment to the Zoning Ordinance to effect these changes. The following communciation from the Beach Taxpayers League, with reference to the control of Beer and Wine or Liquor establishments east of the Intracoastal Canal, was read as follows: "January 11, 19&9 City Council Delray Beach, ~lorida Gentlemen: At the last regular meeting of tbs City Co~r~cil on December 28, Mayor Brannon asked that the Beach Taxpayers League express their opinion as to liquor, wine and beer lecenses which would be considered for places of business east of the canal. JANUARY llTH, 19d9 The directors of the Beach Taxpayers League held a meeting on January 5. At that meeting the board of directors went on record requesting the City Council to notify the Beach Taxpayers League at least one month in advance of any consider- ation of a request for a wine, beer or liquor license or transfer of any such licenses east of the We will appreciate this courtesy from the present City Council. Sincerely, DEC/p (Signed) Dorthea E. Galvin Secretary . · Miss Dorthea Galvin, Secretary of the Beach Taxpayers League, explained that it was not their intention to try to prohibit beer and wine license from being issued on the Beach, but they were only asking for additional time to notify property owners after the application for a license to sell beer and wine, or liquor, on the Beach, has been filed. After consideration by the Council, the City Attorney was instructed to prepare an amendment to the Liquor Ordinance to provide for 30 days, instead of 15 days, filing of application with the City Council bef~e granting of a license to sell liquor and also beer and wine, in a motion by Councilman Brannon, seconded by Cou~cilman MacMillan, and upon call of roll unanimously carried. A letter from St. Paul's Church, asking that a flat water rate be established for churches, was read as follows: "January 6, 19~9 Honorable Msyor and Council, City of ~elray Beach, Fla. Gentlemen: The Wardens and Vestry of St. Pauls Church respectfully request that your body consider a proposition to charge Churches a flat rate on water bills. In the event that a Rectory, Parsonage, or Manse is owned by a church, that a flat rate apply to ~his also, whether or not it is located on the same parcel of ground. The Churches of Delray Beach are a great asset to the comm~ity, a~d well maintained grounds and landscapin~ add to th~ general beauty of the city. Your approval will be greatly aopreciated. Very sincerely yours, (Signed) LeRoy E. Diggans, Senior Warden'.' City Manager ~lack explained that the City is now paying the minimum bills for water used by ~h~rches, and that as accc~d~ng to our Water Revenue Certificates Ordinsnce all water sold must be paid for to the Water Department, therefore this ~equest would throw an extra burden on the General Fund in reimburs&ng the Water Department. He also stated that the St. Paul's Church is the only church using any substantial amount of water above the minimum. JANUARY llTH, 19A9 The question of subsidizing churches by paying even their minimum bill was discussed, although Councilman Mac~,~illan was in favor of charging all only the minimum charge to encourage them to beautify their property. A motion was made by Councilman Brannon that the Clerk be instructed to advise St. Paul' s Church that the Council re?retted they did not see f~t to change the present practice of charging churches for water used over the ~in- imum fee. Councilman Kabler seconded the motion, which carried upon call of roll, Councilman MacMillan voting against the. motion. Councilman Brannon then moved that water rates be increased from 10¢ to 1AC per thousand gallons/f~r City customers, and from 28¢ to 30¢- for customers over the minimum of 5000 gallons outside of the City, in order to justify the recent expense of Water Plant extensions, stating that the Qity is operating under water rates 15 years old. Mr. Brannon contended that a fund should be provided to replace this equipment when it is worn out, and it can be done by a small increase in water rates. City Manager Black also stressed the increased cost of operation and materials, ahd the increased oost of electricity for pumping and operating the. system. Mr. Ben Adams, from the audience opposed the raising of water rates unless the 50¢ maintenance charge, which he claimed was illegal, was taken off. He also claimed that people would not water their lawns if water rates were in- creased, and the City would suffer in this respect. Mr. B. C. Butler, a former Councilman, explained that nothing had been spent, nc~ any funds set aside for the enlargement and upkeep of the Water Plant for many years, making it necessary to sell Water Revenue Certificates to im- prove the water system. He favored an increase in water rates at this time, to put the water plant on a sound financial basis and provide a fund for the re- tirement of the Revenue Certificates and the replacement of equipment in the future ..~" Mr. W. A. Jacobs, from the audience, disapproved of the increasing of water rates. He stated that the Water Plant should be operated as a seperate business, and that the Council had no right to increase rates above the actual requirements for the operation of the plant and that no contribution should be made to the General Fund from the Water Department as has been done in the oast. Councilman Kabler, however, stated that in some Cities water and electricity plants carry up to 80% of the operation ~f the City. By increasing the millage on the tax roll, people allowed Homestead Exemption would not be touched, and he felt this was the best way of providing a depreciation fund for the Water Plant and equipment replacements. Councilman MacMillan still opposed an increase in water rates unless the revenue derived from the plant was not sufficient to maintain the plant. He felt that the contribution from the Water Department to the General Fund was unsurping the water plants depreciation reserve. A motion was then made by Councilman Brannon to amend his foregoing motion to read "that water funds be set aside hereafter in a special fund for the purpose of retiring water revenue Certificates indebtedness, and replacements and repairs to the existing water plant, and for improvements and additions to the existing water plant, and that rates on water be increased to 14¢ in the City limits and 30¢ out~ide of the City limits, and that all revenue from that source be so expended; also that the maintenance charge of 50¢ per month be droDoed, and the minimum rate be increased from $ 1.50 for the first 5000 gallons of water used to $ 2.00 for a 3/A" meter, and larger meters in proportion. JANUARY llTH, 19&9 Mayor Saunders, however, asked that the matter be referred to the Water Committee and the City Manager f or study .and recommendation, by the next meeting of the Council, and Councilmar~ Brannon withdrew his motion. A motion was then made by Councilman Brannon that the Council work out a plan whereby revenue from utility taxes co~zld be placed in a fund dpon which Certificates of Indebtedness may be issued to provide a fund for resurfacing City streets as soon as possible, and that these improvements be declared a necess- ity and assessable against the abutting property. The motion was seconded by Mr. Roth. Councilman Kabler asked for expressions of opinion from the audience on these ideas of the Council for the improvement of th~ Town. He stated that the City is interested in progress, and this would be merely a business project for the improve- m~.nt of the City. Councilman MacMillan felt it was a question of whether the public wanted im- proved streets, and stated that if they did not want it he would not be in favor of it. He asked that further study be made of the question.before any action was taken. It was then explained by Councilman Brannon that this would not be an extra tax. St was only a method of getting more and better streets and the cost would be returned to the City through assessments, in the meantime an average cost of $ 2,000.00 a month for street maintenance would be greatly reduced., and tnls re- surfac.~ng should last around ten years. Call of roll was then taken on the above motion, all of the Councilmen voting in favor of the motion, except Councilman MacMillan who voted against it. Councilman Brannon then moved that an immediate survey, similar to, and if · , ~possib~e, with the same engineering advise and plans that the City has, be conducted toward planning fc~ and determining the future needs of an adeeuate surface drainage system and sewerage disposal facilities for the City of Delray Beach. Mr. Brannon stated that this City is fast becoming a tourist City, and it is the duty of the Council to solve the drainage problem and the sewerage disposal problem, which may become health menaces. He asked the Council to anticipate the needs of the City for the next ten years, which plan could tie in with a master plan for the future of the City. City Manager Black advised that we have a sewer system plan, which may have to be slightly revised, but no plan for drainage. The foregoing motion carried unanimously upon call of roll. On motion of Councilman Brannon, seconded by Councilman Roth, unanimously carried an appropriation of $ 25.00 was authorized for advertising space in the ?rogram published by the Gladiola Festival and Fair Committee. A motion was then made by Councilman Brannon that the. Mayor be instructed to proclaim the Month of February as Local Sight Conservation and Aid to the Blind Month. The motion was seconded by Councilman MacMillan, and upon call of roll carried unanimously. A mot&on was made by Councilman Roth ~hat the Mayor proclaim the week of January l&- 21st as March of Dimes Week, and that 50% of the City's share of park- Lng meter receipts fc~ one day be donated to the March of Dimes Fund, the meters to be marked by suitable tags. The motion was seconded by Councilman MacMillan, and unanimously carried. JANUARY llTH, 1949 Bills totaling $ 27,2~O.9~ were approved for ~ayment, subject to approval of the ~inance Committee, on motion of Councilman ~rannon, seconded by Council- man Kabler, and unanimously carried. A letter from M. F. Riley, Jr. with reference to property owned by him and Walter A. Wallace, jointly, located on West Atlantic Ave. in Section 17, was presented and read as follows: "November 20, 1948 Tax Collector City of Delray Beach Delray Beach, Florida Dear Madam: Enclosed you will find my check for Sd. 56 which represents payment of 1/6 the taxes on property known as Section 17-~6-43 W½ NW~ NW~ SW~ (W~ lot 4). As the State condemmed over 5/6 of this property and settled same, assuming the taxes, I have taken 1/6 valuation as a fair assessment on the piece of land I have remaining and am paying my 1948 tax on a figure of $ 4.75, less 4% discount. If this does not agree with your figures please advise me. Yours Very truly, (Signed) M. F. Riley, Jr. P. S. Ie. all I have left is the E 51' of the above described property. MFR: h MR ', A motion was made by Councilman Brannon, seconded by Councilman Roth, that the letter be referred to t~ City Attcrney with instruction to return Mr. Riley' check in the amount of $ 4.56, and advise him that he owes th~ total bill. Upon call of roll the motion carried unanimously. The Council was advised of an application for permit to construct a small concrete building on property owned by J. W. Galloway, on East Atlantic Avenue just' east of the~ Canal, and also advised by the City Manager that permit for a concrete block building could not be refused if it meets all requirements. The City manager was instructed to ask Mr. Galloway to remove frame con- struction shack which was built on the site of a proposed theatre building on his property on East Atlantic Avenue, as permit for construction of the theatre has expired. ~ity Manager Black was instructed to prepare estimate of cost of paving N. W. 6th. Ave. ~rom W. Atlantic Avenue to N.W". 3rd. Street, by the next meeting of the Council. JANUARY llTH, 1949 Upon motion of Councilman Brannon, seconded by Councilman Roth unanimously carried, installation of the following street lights were authorized, and the City Manager was instructed to add these locations to the pending list for the Florida Power & Light Company to install as soon as possible, as the fixtures are already there: N. W. 6th. Avenue and 2nd. Street. · N. W. 6th. Avenue and 3rd. Street. The City ~anager and Fire Chief were instructed to make a survey of the colored section to determine where additional fire plugs are needed. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-65 AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF DEIRAY BEACH FLORIDA, A~ENDING SECTION 18 OF CHAPTER 8 OF THE CITY CODE , REGULATING THE SAlE OF INTOXICATING LIQUORS, WINES OR BEERS ~ WITHIN THE CORPORATE LINITS OF SAID CITY WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL OR CHURCH. BE IT ORDAINED by the City Council of the City of De]may Beach, Florida, as follows: SECTION 1. That Section 18 of Chapter 8 of the City Code be and the same is hereby amended to read as follows: "SECTION 18. No intoxicating liquors, wines or beers shall be sold within the corporate limits of the City cf Delray Beach, Florida, at any place of business, location or establishment within three hundred feet of any established school or church" SECTION 2. Said distance of three hundred feet shall be measured as follows: a. Pertaining to established schools: Three hundred feet from the nearest point of the building of said place of business, location or establishment to the nearest point of the school grounds in use as part of the school facilities. b. Pertaining to established churches: Three hundred feet from the nearest point of the bdilding of said place of business, location or establishment, to the nearest point of the church building or buildings. c. Said distance cf three hundred feet shall be measured by a straight line. passed in Regular Session on second and final reading on this the llth day of January, A. D., 1949. SEAL" (Signed) J. L. Saunders President - Ci!?~y Council ATTEST: APPROVED: (Signed) Ruth R. Smith City Clerk (Signed) J. L. Saunders Nayor 1st. Reading -December 28, 1949 2nd. Reading- January ll, 1949 14 JANUARY llTH, 19~9 A motion was made by Councilman Brannon seconded by Councilman MacMillan that the foregoing Ordinance No. G-65 be oassed and adopted as read, and upon call of roll the motion carried unanimously. In commenting on the above Ordinance, Councilman K~bler stated that in his opinion it was creating trouble which does not now exist, that he was in favor of the Ordinance for the future, but did not favor refusing license renewals. The Council then adjourned. · C' ty 'Clerk- ' ATTEST: Mayor