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11-04-47SpMtg NOVEMBER 4TH, 1947 A Special Meeting of the City Council of the City of Delray BEach was held in the City Manager's office at 2 P.M. to certify the candidates for the Election to be held on November 18th, and for any other necessary business, with Mayor M. M. DeWitt in the Chair, and City Manager H. P. Edmond, City Attorney J. W. Nowlin, and the following Councilmen present: B. C. Butler, F. B. McNeeoe~ J. B. Smith and C. J. White, a quorum being present. The following letter from City Attorney Nowlin with reference to the quali- fications of the Candidates for the Primary Election was read in full: "November 1, 1947 City Council Delray Beach, Fla. Gentlemen: Re: Qualifications of Candidates. At your request ! have checked the qualifications of candidates for City CounCil. I find that the following candidates for Council have owned improved real property in the City of Delray Beach for more than one year and that the deeds conveying the property to them have been on record for more than one year prior to October 28, 1947, te-~it: L. H. Brannon B. C. Butler John N. Kabler, Jr. Neil E. Maclttllan Fred B. McNeeoe J. B. Smith W. O. Winn I am returning herewith the deeds belonging to these candidates which were left with me for examination. Very truly yours, (Signed) J. W. Nowlin J. W. Nowlin City Attorney. JWS/d" Mr. Nowlin explained that Neil E. Mac Millan had not paid 1946 taxes on the property which he had filed with the City Clerk, as required by the City Charter, as he had purchased the property from the State of F.~orida in of 1946 and taxes had been exempt while owned by the State. however, Mr. Mac Millan had owned the property, and deed had been recorded, for more than It was the consensus of opinion of the Council t__h~t this technicality . would not disqualify Mr. MacMillan. NOVEMBER 4TH, 1947 In a motion made by Councilman White, seconded by Councilm-~ Smith, and upon call of roll unanimously carried, the foregoing candidates were certified for the Primary Election to be held on Tuesday, November 18th. A motion vas then made by Councilman McNeece, seconded by Council ~m-~ Butler, that the City Manager be authorized to have ballots printed for the election, and that the appointment of the following Election Board be approved, members of the Board to serve from sunrise to sundown, and to be paid $8.00 for their services which would include meals during the day. Upon call of roll the motion carried unanimously. Election Board a~p0inted: Clerk~ B.F. sundy Inspectors: King s. Cone L. F. Ranson W. A. Jacobs A letter from Allen W. Stewart, Manager of the Golf Course, with reference to a request of the Women's Golf Association for free use of the Course for holding their Golf Tournaments, vas read as follows.' "Delray Beach Golf Club Delray Beach, Fla. Nov. 3rd, 1947 Honorable --Marshall M. DeWitt--Mayor Delray Beach, Fla. Dear Sir .- -- It comes to my attention that the Ladies Golf Association of the Golf Club is planning to entertain the County Association at our Club. This is a repre- sentative ~oup within the Club and, as such, it is my humble opinion that these visiting Ladies from Palm Beach, Lake Worth and Belle Glade should be recognized as guests of the City and should not be required to pay green fees on this occa- sion. This courtesy will be cue of simple reciprocity as, I am certain that, n~ charge would be made our Ladies when they play as visitors at any of these Cities. This exchange, of courtesy between Clubs is a prevailing custom through out the Nation. Yours respectfully. Signed Allan Stewart Allan Stewart----Professional Mr. Stewart, being present, expla..ined that the Women's Golf Association was asking that only the green fees be waived, and that they would hold their Tournaments on .days when there was the least.play on the Course, and would start early enough in the morning to be around the Course before the afternoon players 197+7 came. ~r. Stewart further stated that this was a courtesy extended by other Cities in the County, and recommended that the City adopt this policy for both the Women's and Men's Golf Tournaments, explaining that it would be worthwhile from the adver- tising received, and might interest new members for the Club. The Clerk was instructed to advise the Women's Golf Committee that the Co, soil would be agreeable to allow them to hold their Tournaments at different times during the year~ waiving all green fees, and that final arrangements should be made with Mr. Stewart, the M~mager of the Club House. Mayor DeWitt reeo....aended that a Golf Committee be appointed, to consist of a member of the Club, a member of the Council, and a tax-payer, or to be formed in some way acceptable to the Council, the Committee to act as in former years, and make their rec~nmendations to the Council for approval. ~r. Edmond suggested that the Ccmmittee be selected by the Club members each year, and become an Associatiem of the Club. It was decided that recommendations for the selecting of a Golf Committee could Be worked up with Mr. Stewart, Manager of the Golf Club, and presented to the Coun- cil at a future meeting. City Attorney Nowlin advised the Council that he had received a letter from ~r. Scott M. Loftin, Trustee of the Florida East Coast Railway Co., which letter was read, as follows: "FLORIDA EAST COAST RAILWAY C~AN~ St. Augustine, Fla. November 1, 1947 File 317 D --64 DEIRAY BEACH - Crossing Protection at Atlantic Avenue Mr. J. W. Nowl~, City Attorney, Delray Beach, Florida D~u' Mr. Nowlin: We are writing to acknowledge your letter of the 31st, in reference to +.he discussions that have taken place Between members of the City Council and repre- sentatives of the Railway regarding c~oseing protection at Atlantic Avenue cross- ing in Delray Beach. The last discussion I understand was held at the regular City Council meeting on October 28th. We are requesting a report of the discussions that have been had, and par- ticularly of the one held on the 28th, and when this is received will write you further regarding this m~tter. Very truly, (Signed Scott M. Loftin Trustee. n Mr. Nowlin also advised the Council that when the F.E.C. control tower at the Atlantic Avenue crossing was removed, whilenegotiations were pending for the manual operation of the traffic gates, he called Mr. Loftin on the telephone, and was advised that orders had been sent out three or four weeks ~efore for the re- moral of the ~atchman's tower, which was supposed to have been removed as aoon as the automatic gates were i~stalled and operating satisfact~ri~. The foll~ Resolution was then introduced, amd same was read in fulll "RESOL~TIO~ NO. 638 RESOLUTIO~ OF THE CITY COG~CIL OF THE CITY OF DEE~AY REACH, FLORIDA, CROSSING PROTECTION AT ATIAI~rIC AVENUE AND. T~E FLORIDA EAST COAST RAILWAY IN T~E CITY OF DELRAY BEACH, FLORIDA. WHEREAS, for sometime the members of the City Council and the representatives of the Florida East Coast Railway have been trying to work out an agreeable plan crossing protection at Atlantic Avenue and the Florida East Coast Railway in Delray Beach, Florida, az~ WEEREAS, sometime ha~k automatic gates were installed at this crossing by the Florida East Coast Ril~ay, and WHEREAS before and after the installation for such aut~tic gate, the City Council had requested that the gates be so constructed that 'manual operation be possible and that an operator be in charge of the gates during the daylight hours and WHEREAS members of the Council and representatives of the Florida East Coast Railway Coa~y met om O~tober 28th to discuss the mat%er of ~anual operation of the gates during the daylight hours, an~ WHEREAS after such meeting the City Attorney of the City of Delray Beach re- ceived the following letter from Scott M. Eoftin, one of the Trustees of the Florida East Coast Railway Compe~y, to-wit.' "We are writing to acknowledge your letter of the 31st, in reference to the discussions that have taken place between members of the City cil and representatives of the Railway regarding cross~Bg protection at Atlantic Avenue crossing in Delray Beach. The last discussion I u~derstand was held at the regular 0ity 0ouncil meeting on O~tober 28th. "We are requesting a repert of the discussions that have been had, and particularly of the one held on the 28th, and when this i~ received will write you further regarding this matter." W~EAS, without notice to the City Council the manual control tower of the crossing was dismantled en or about November 3 or 4, 1947. NC~, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That we hereby vigorously protest against the removal of the manual control tower of the crossing of the Florida East Coast Railway, particularly due to the fact that at the time said tower was di~w~ntle~ negotiations were pending betwee~ the City of Delray Beach and Florida East Coast Railway for the manual operation of the crossing gates during the daylight hours and that the removal of such tower at this time does not indicate good faith on the part of the Railway paw representatives and to the comtrary indicate an attitude of total disregar~ for the wishes of the City Council of the City of Delray Beach. NOVEMBER 4TH, 1947 2. That we insist upc~ the immediate erection of a new toter or ot~er adequate structure for the manual operation of the crossing gates during the daylight hours. 3. That a copy of this Resolution be mailed to Mr. Scott M. Loftin, one of the Trustees of the Florida East Coast Railway Company at St. Augustine, Florida. PASSED in Special Session on this the 4th day of November, 1947. (Si~med) M. M. De~it~ President, City Council (Si~ned) M. M. de, itt Seal Mayor Attest: (Si~ned) Ruth R. Smith City Clerk " A motion was made by Councilman Butler, seconded by Councilman ~hite,' that the foregoing ResolutA~ No. 638 be passed and adopted as read, and upon call of roll the motion carried unan/m~usly. The following Ordinance was then brought up as an e~ergency measure, to pre- hibit the construction of a motion picture theatre within 300' of church property and same was read in full~ "EMERGENCY ORDINANCE NO. 6-36 AN ORDIHANCE OF THE CITY COUNCIL OF THE CI~/ ~F DEIRAY BEA~ FLORIDA, LIMITING THE LOCATION OF MOTION PICTURE T~EATRES. WHEREAS, an emergency exists inthe City Of Delray Beach, Florida, due to the fact t_h~_~t there is no provision limiting the loeatic~ of motion picture theatres within the business districts in the City of Delray Beach, Florida, it is necessary for the preservation of public health and safety that such an ordinance he passed. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That no motion picture theatre shall be erected~, established, maintained or operated within 300 feet of any lot or parcel of land on which is located a church building used as a place of worship. SECTION 2. That Section 1 of this ordinance shall become a part of +.he City Code of Delray Beach and shall become Subsectic~ X of Section 2 of Chapter XX of said Code. SECTION 3. This is an emergency ordinance and it s~-]~ become effective Ammediately upon its passage on first reading. PASSED on first and final reading in Special Session on this the '4th day of November, 1947. N~~th, 19A7 (S ed) M, a, Eitt, President, City ~unctl Approved: .~.~~_M, M. DeWitt Attest: (Siemed) Ruth R. Smith City Clerk s A motion was made by Councilman Smith, seconded by Oouncilmn White, that tbe foregoing Ordinance No. G-36 be passed and adopted as read, as an emergency meas- ure, to become effective immediately, and upom call of roll the motion carried unanimously. Mr. H. B. Adams, Building Inspeeto~, presented an application filed by Mr.K.R. Robinson, for the construction of two duple~ buildings on Lots 54 and 55, Hofman Addition, on the northwest corner of N. E. 7th Ave. and 5th St., stating that Mr. Robinson planned to face one building on 5th Street and one building on ?th Avenue, and asked for permission to resubdivide the two lots to allow this construction. As Mr. Robinson's plans would not meet the set-back re~-~ement on the inside lot line by 2'2", the request would have to be considered by the Planning B~ard, and a Special Permit would have to be recommended By the Zoning Board, whereupcm a motion was made by Councilman Butler, seconded by Councilman Smith, that the application be referred to the Planning Board with the request that the Zoning Board sit in on the hearing, and if the resubdivision of the two' lots is approved~ the granting of a Special Permit be reccmmended to the Council. Upon call of roll the motion carried unanimously. An application to install additimnal bathrooms in an apartment building located on Lot 23, Block 81, filed h y Geo. G. Anderson, was presented by the Building Inspector, who explained that the building had a set-back of 10' whereas the mini- mum requirement is 25'. In a motion by Councilman Butler, seconded by Councilman Smith, the request was referred to the Planning Board for their consideration and recommendation te the Council. Mr. H. B. Adams, Building Inspector, advised the Council +_.~t the Red Cross would rebuild the Turnbull house at 314 S. E. 5th Ave. ~ which was badly damaged in the hurricane of September 17th, but at this would be a major repair Job he could not issue a building permit unless the building would he set back to meet the terms of the Zoning Ordinance. Mr. A,~-,,,, was instructed to issue permit for the work only if the requirements of the ZoningOrdinance pertaining to set-backs were complied .with, otherwise the City will take action to have the building removed, after proper notice has been given. 1947 Mayor De, itt advised the Council that Bernarr Hendricks, a patrolman, had resigned from the Police force as of November 15th, and Police Chief Croft had reco~nended that Elgin A. Holsapple be employed to replace him also that Roland C. Keen be employed as a Motorcycle Patrolman. Upen motion of Councilman Butler, seconded by CouncA~m, Smith, unanimously carried, the recommendations of Police Chief Croft were appreved as submitted. In a motion made by Councilman Butler, seconded by Councilman Smith, iously carried, the next regular meeting of the City Council, scheduled to be held on November 1/th, which is a Legal Holiday, was changed to Honday, November 10. ~ith reference to the Council's req,,~rement that all Tax/Cab operators file an insurance policy paid up for one year before an occupational license is issued to him, Mayor DeWitt explained that due to the increased insurance rates, and the new ~aurance laws governing Taxi-Cabs, some taxi-cab operators ware having diffi- culty in complying with this requirement. Mayor DeWitt recomaended that a present insurance policy be allowed to run until its expiration, and then a new policy be filed, x-,-~g from that date to September 3Otb. In this way all policies will expire at the end of the fiscal year, and yearly policies must be filed with the City Clerk before the renewal of the license for the next fiscal year, to comply with our Ordinance controlling this class of business. This reco,.,endation was approved by the Council. City Manager Edmond presented an application for permit to build an addition to the present building occupied by Ruth's Restaurant on the South Federal Highway, Just north of Germantown Road, stating that they were plA~.~.g to build a 14' addition .~n the hack of the building. Ail set-back requirements and Build~-~ Code regulations would be complied with. .Upon motion of Councilman Butler, seconded by Counci]m~ Smith, ~d upon call of roll unanimously carried, permit was granted as requested. City Manager Edmond then outlined his plans for the beach reconstruction, stating that the original plan had been to start at the north end of the beach and work south, but some reaction had been received to the plan of establishing a sidewalk line, and he nov suggested that work be started at Atlantic Avenue, and sidewalks, parkways and curbs and gutters be completed on the west side of the roadway as far south as Mir*m~r Drive, a distance of aPproximately 700', noti- fying the property owners as work progresses as to what is considered their build- lng line. Both sides of the roadway could be completed with sidewalks and beau- tification wherever possible. If property owners protest aga~-,t the location of the sidewalk and establishing of this line, their property to be skipped, to be completed later and assessed against the property. Sidewalks will be built 6" higher than the present pavement. After consideration by the Council, a motion was made by Councilman Butler, seconded b y Councilman Smith, that Mr. Edmond be instructed to preceed with the construction of sidewalks, curb~ and gutters on both sides of Ocean Boulevard from Atlantic Avenue south to Miramar Drive. Upon ca~ of roll the motion carried unanimously. Council then adjourned. ~~. ~ APPROVED.- Ruth R. Smith City Clerk