04-17-47SpMtg APRIL 17th, 19d7
A Special Meeting of the City Council of the City of Delray Beach was
held at 2 P.M. in the Council Chambers in the City Hall, with Mayor M. M. DeWitt
in the 6hair, and City Manager H. P. Edmond, City Attorney J. W. Nowlin, and the
following Councilmen present: B. C. Butler, F. B. Mc Neece, J. B. Smith and
C. J. White, a quorum being present.
This Special Meeting was called as a Public Hearing to obtain opinions
of interested property owners on Atlantic Avenue, as to whether or not they
favored enforcement of the present set-backs as required by Zoning Ordinance,
whether they favored repeal of these requirements, or a modification of the
existing requirements.
A notice had been sent to all property owners on Atlantic Avenue from
Swinton Avenue to the Ocean Boulevard, aS follows:
"CITY OF DELRAY BEACH
April 12th, 19d7
TO OWNERS OF ATLA[.iTIC AVi~NUE PROPERTY:
The present zoning ordinance effecting setbacks of all structures on
Atlantic Avenue was adopted in 1938. This ordinance respires;
(a) All new structures be set back a distance of ten (10) feet from the
front property line.
(b) No lot maybe put to the use and no building or part thereof may be
erected, constructed, reconstructed, moved, repaired, extended, converted,
altered, maintained or put to use, except in conformity with the required set
backs.
(c) In modification of the set back requirements of any particular lot
in any business district, the minimum set back requirements may be modified
as follows; If the set back of the existing building on the directly adjoining
lot is less than five (5) feet, then the set back may be reduced providing it
is at least five (5) feet greater than the existing ~dJoining building.
There have been several applications for remodeling some of the present
buildings on Atlantic Avenue which do not make any provisions for meeting the
set back requirements. These applications have been rejected by the Council as
they do not meet the zoning ordinance.
In several of the blocks the set backs have been made that increases the
side walk from five (5) feet to seven (7) feet. In other blocks the buildings
have no set backs which makes a very narrow sidewalk.
The question to be decided is whether the present ordinance should be
repealed, modified or enforced. To help the Council reach ~ decision as to a
solution to the problem will you please answer the following questions.
(1) I favor enforcement of the present set back requirements. Yes. No.
120
April 17th, 19~7
(2) I favor repeal of the present ordinance in regard to set back
requirements. Yes. No.
(5) I favor modification of the present set back requirements that
will require new buildings to set back and allow remodeling of the present
buildings without any additional set backs. Yes. No.
Will you please check your answers and return as soon as possible.
The City Council will hold a public hearing on the above questions at
the City Hall April 17, 19~7, at 2 P.M.
Yours very truly,
(Signed) H. t~. F~kmond
H. P. EDMOND
City Manager"
Mayor DeWitt explained that under the present restrictions, no
remodeling could be allowed unless the front and side set-back requirements
were complied with. Replies had been received from twenty-seven (27)
property owners, in responseto the foregoing notice, as follows:
Favoring enforcement of the present set-back requirements - 7
" repeal " " " " - 9
" modification " " " " - ll
Mayor DeWitt asked for discussions from the audience.
Mr. Sidney Zuckerman addressed the Council, recommending complete
repeal of the set-back reeuirements in the Zoning Ordinance which effect
commercial buildings on Atlantic Avenue, stating that workable regulations
could then be established.
Mr. Aaron Smock suggested a five foot-set-back, for all new construc-
tion on Atlantic Avenue. He also favored permitting remodeling of existing
buildings without a change of set-back.
Mr. Zuckerman proposed that each block be considered separately, new
construction to conform to the existing building line in that block. This
would keep all buildings in one block in line and make a more attractive street.
Councilman Smith agreed that it was unjust to enforce a lO' set-back
when an existing building is being remodeled, when new construction has not
always been required to comply with this set-back.
City Attorney Nowlin suggested that if over 50~ of a block is built
up new buildings be constructed in line with the existing buildings, otherwise
new buildings be required to set back 5' existing buildings to eventually
,
conform to this line
121
API~L 17th, 1947
It was pointed out by City Manager Edmond that where the set-back is
most needed it would never be obtained under such a regulation. In blocks
where buildings ~re built on the lot line, other construction would be built
on this same line, and there would never be a set-back.
After considerable discussion between the Council and the audience,
the City Attorney was instructed to prepare an ordinance, as follows, to be
brought up for 1st reading mt the next Council meeting:
1.To permit remodeling or repairing of existing buildings without
any set-back requirement.
2. Minimum set-back requirement for new construction on Atlantic
Avenue from the Intracoastal Canal west to Swinton Avenue to be
5',east of canal 10,.
3. New construction in a block over 50% built up to conform to the
existing building line, otherwise to be set back 5' from the
front line. Remodeling to be allowed without an additional set-
b~ck if 50% of block is built up, otherwise building must be set
back 5'.
4. Minimum set-back of 5' on side streets off of Atlantic Avenue.
Additions must set back 5' from side street lot line, but existing
structures need not be changed.
In a motion made by Councilman White, seconded by Councilman Smith,
the following bills were approved, subject to the approval of the Finance
Committee:
Smith and Gillespie, E~tgineers - $ 3,0~0.00
Wade Roberts - 55.00
H. M. Sharpe - 37.50
Dale Knox - 68.75
Councilman Mc Neece was appointed a temporary member of the Finance
Committee in the place of Councilman Butler, who had retired from the meeting.
In a motion made by Councilman Smith, seconded by Councilman Mc Neece,
and unanimously carried, the purchase of one $ 1,O00.OO Refunding Bond from
B. J. Van Ingen & Co., Inc. was authorized.
A letter from Frederic Dunn-Rankin & Co., Certified Public Accountants,
offering to make semi-annual audits of the City books for a fee of $ 1,2OO.00,
payable $ 600.00 at the completion of each semi-annual audit, was presented b~r
City.Manager Edmond, who recommended that the audit contract be given to this
firm.
A motion was made by Councilman White, seconded by Councilman McNeece
that the recommendation of the City Manager be approved, and that Frederic Dunn-
Rankin & Co. be given the contract to audit the City books for the current fiscal
year at a fee of $ 1,200.00. Upon call of roll the motion carried unanimously.
Mayor DeWitt then read the following letter from Mm. Frederic Dunn-
Rankin with reference to the charges made by Mr. W. O. Winn, former City Auditor,
in a letter to Mayor DeWitt dated November llth, 1946:
122
APRIL 17th, 1947
"FREDERIC D~'~N-RANKIN & CO.
Certified Public Accountants
Frederic Dunn-Rankin, C.P.A. 1507 Pan American Bank Bldg.
Eleanor M. Ryan, C.P.A. Miami 32, Florida
Telephone 9-4756
April 10, 1997
Mr. H. P. Edmond, City Manager
City of Delray Beach
Florida
Dear M~. Edmond,
We have examined the correspondence between Mr. W. O. Winn, former
city auditor, and the Hon. N. M. De Witt, Mayor of the City of Delray Be~ch.
Reference is made particularly to the letter of November ll, 19~6,
addressed to the Mayor from Mr. Winn. We found that the Firemen's Pension
Account was not out of control. We found that on December 2, 1946 Buchanan
Contracting Company paid $2706.00 to the City ~t which time the street filling
contract was completed. We found that a certified check for $10,500.OO, ~ich
represents a deposit on purchase of w~ter lien certificates was deposited at
the time when all of the certificates were paid for. It seems, under the
circumstances, that the allegations are ill-founded.
We found at the time we made our examination of the fiscal year ended
September 30, 1946, that the books and records were indeed in a deplorable
condition, ond we believe that responsibility for that situation rests on
the change of personnel during the year ~ud the employment of a decidedly
inadequate accounting system.
We have rendered our report, and in that report we have made recom~end-
ations for improvements. Also, as part of our engagement, we have inaugurated
revisions of the system. We think it is essential that further revision and
endeaver toward improvement be carried out.
Very truly youys,
FREDERIC DU~N-R~KIN& CO.
?D-R/ss By(signed) Frederic Dunn-Rankin"
Mayor DeWitt also read the comments contained in the audit for the
p@riod ending 9/30/~6. which was prepared by Frederic Dunn-Rankin & Co.
A motion was made by Councilman ~ite, that the Mayor be authorized
to secure space in the Delray Beach News for the publication of the fqregoing
letter, the balance shee from the audit report for the period ended 9/30/~6,
and the Auditor's comments as set forth above. Upon call of roll the motion
carried unanimously.
!
1 '2 3
APRIL l?th, 1947
The following letter from City Manager Edmond was presented, with
~eference to the cost of operation of the Municipal Golf Course for the
period October 1st, 19~6 through March 30th, 1947:
"OFFICE OF CITY MANAGER
CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA
H. P. Edmond
City Manager
April 16, 1947
Mayor M. M. DeWitt ~nd City Council
Delray Beach
Florida
Gentlemen:
As instructed at the last Council meeting, I wish to submit the following re-
port showing all Beceipts and Disbursements of the Golf Course operation, with
an estimate of the cost for construction of an additional nine holes to the
present golf course.
(1) These receipts and disbursements cover the period from October 1st, 19~6
to March 31st, inclusive, with comparison of last year's operations for
the same period of time.
Family Membership $2,&O0~OO $1,200.00
Single Membership l, 800. O0 l, 900. OO
Monthly Membership 220. O0 215. O0
Locker Rents 105.00 85.00
Green Fees 7,031. O0 7,264.0.0
Total: $11,606. O0 ~lO, 664. O0
Disbursements ~ 6.64g.O2 ~ 6.327.78
Amount - Receipts above Disbursements ,~ 4,951.9~ ~$ .4,336..22.
(2) Estimate of cost for construction of an additional nine hole golf course:
Unit Item
Acre' Clearing & G----~bbing 75 ~i$25.00 ~ 1,875.00
Cu. Yds. Grading lO, 000 .30 3,000.00
Cu. Yds. Marl & Black Dirt 25,0OO .90 22,500.00
Sq. Yd. Grassing & Seeding 2~O,OO0 .O~ 9,600.00
Lump Landsc aping --- Lump 3,125 · OO
Lump Watering System --- Lump 6,000.00
Lump Fertilizer & MisC. Items. --- Lump 2. 500.00
Sub-Total: $~8~ 600. O0
Repairs and Enlarging Club House 11,400.00.
Sub-Tot al: 60, OOO. OO
Requiring additional 20 Acres 5,000.90
TOTAL: -- -$~5,000.O0
124
APRIL l?th, 19&?
Note: This estimate is made without plans and should be considered only
as a rough estimate. I would like to recommend that if there is any con-
sideration given the construction of this additional nine holes, at this
time, that authorization be given me to make a topographical survey and
prepare layout and plans, so that an accurate estimate can be orepared.
Yours truly,
(Signed) H. P. Edmond
H. P. E~OND
City Manager
HPE:CVB"
The Clerk was instructed to incorporate the foregoing letter in the
minutes of this meeting, a copy of same to be sent to the Junior Chamber of
Commerce.
The meeting then adjourned to the next regular meeting to be held at
2 P. M. on Tuesday~ April 22nd, 19&7.
Council then adjourned.
,.,
City Clerk