07-22-46 Regular
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JULY 22ND, 1946
Regular meeting of the City Council of the City of Delray Beach was held,
in the Council Chambers at 7t30 P. Y. with llayor JI. Y. DeWitt in the Chair, and
City llanager H. P. Edmond, City Attorney J. W. Nowlin, and the following Council-
men present: B. C. Butler and J. B. Smith, a quorum being present.
The minutes of the meeting of July 8th were presented and approved as
written.
The following letter from Yr. W. o. Wino, City Auditor, was read by the
Clerk:
July 2nd, 1946.
Honorable Mayor & Councilmen
City of Delray Beach
Delray Beach, Florida
Gentlemen:
In compliance with your instruotions, I have carefully checked the books
and records of the City of Delray Beach, Florida, which have been under the
care of Mrs. Catherine Strong for the past two and one half years; and
I HEREBY CERTIFY, t.hat I find all the records to be in balance, and all
the funds properly and fully accounted for.
I have made a report of the City operations for the current year, from
October 1st, 1945 to June 1st, 1946, which includes Profit & Loss Statement,
Receipt!! and Disbursements Statement, and Balance Sheet at June let, 1946, and
I further Certify that, in my opinion the City records of Receipts and Dis-
bursements are in the clear and there will be no unaccounted receipts of any
kind showing up at a later date.
Respectfully submitted,
(SiJl:ned) W. O. Wino
Public Accountant"
Councilman Smith moved that the above report be accepted by the Council,
and incorporated in the minutes of this meeting. The motion was seconded by
Councilman Butler, and upon call of roll carried unanimoUSly.
Application of Mr. Herbert L. Hively for building permit for an addition
to the Bue Station on South Federal Highway, was presented by City llanager
Edmond, who advised that the proposed construction wOuld meet the requirements
of the Building Code, and upon motion of Councilman Butler, seconded by Council-
man Smith, unanimously carried, permit was granted.
An application for a building permit having been requested by Mr. John
Banting, to construct a Citrus Packing House with Display Room and Office in
the front of the building, was considered. The construction would be frame with
a concrete floor.
As the Building Code docs not permit the construction of frane buildings
,"-\:,~e
JULY 22ND, 1946
in business areas, the City llanager was instructed to infonn the applicant
that his plans can not be approved.
. A request for dock space at the City Yacht Basin was read by Jlr. Edmond,
who explained that the present coodition of the .Yacht Basin would prevent the
renting of dOckage space, and he recolllJl8nded that estimates be obtained for
removing the existing piling between the dock and the bridge.
Council agreed to make a study of how the do.cks can be repaired to be
made useable for the winter season, in order to accOllllllOdate boat owners.
. The Resignation of Mrs. Alice Helveneton was presented, to become effective
on August 15th.
Mr. Edmond reoommended that Mrs. Helveneton be paid for two extra weeks
and not be required to return from her vacation which ended on July 22nd, and
upon motion of Councilman Smith, seconded by Councilman Butler, the recollllD!lndation
of the City llanager was approved, check: for two extra weeks salary to be paid at
the end of the month.
Council was adYised by the City llanager that the term of office of Mr.
Frenk Seeley as Tax Assessor expired as of July 15th.
City llanager Edmond reported on his investigations of different types of
parking meters, all using l~ and 5~ pieces for different periods of time, and
rec<Xlllllended that the City install autall!ltic meters, preferably the Dual Parking
Jleter at a price of $ 68.00 per meter.
Police Chief R. C. Croft, having checked with different cities using parking
meters, also recommended the installation of autall!ltic meters.
The Dual parking meter is equipped with a Seth Thomas clock and is com-
pletely closed to moisture and dust, and the clock can be set once a week or
whenever the money is cQ]J.ected from the meters. The proposal submitted by the
Dual Parking Jleter Co. was considered the be,st for the City.
Mr. Edmond further stated that he thought the City should be allowed to
retain 50% of the revenue from the meters, the Company to be paid 50% to be
applied on the purchase price of the meters if the City decides to keep them
after a trial period of six months. The City will have the privilege of can-
celling its contract with the Company by resolution of the City Council after
six months haw elapsed, the Company to reDDve the meters at its own expense
within fifteen days, and repair whatever damge has been caused to sidewalks
and streets by the installation of the meters. The Company will also train a
manto repair the meters, and will make an allowance of 25~ per meter per month
for this service.
After discussion, it was the cansensus of opinion of the Council that the
automatic meters would probably prove the best for the City, whereupon a motion
was made by Councilman Butler, seconded by Councilman Smith, that the City enter
into an agreement with the Dual Parking Meter Co., as recommended by the City
llanager and the Chief of Police, on a 50% basis for a trial period of six months,
and that the llayer and City Clerk be authorized to sign the necessary papers.
Upon call of roll the motion carried unanimously.
.
2..10<\'
JULY 22ND, 1946.
Mr. R. R. Saunders, Attorney for the Peoples Water & Gas Company of Miami
Beach, addressed the Council, stating that his Company was desirous of extending
. their services north to include Delrsy Beach to furnish gas for all purposes,
and they would like to obtain a franchise for that purpose, that they had ample
capacity at their Fulford plant to serve this territory.
Mr. Th0Jn8.S, Technical Engineer for the Peoples Water & Gas Co., offered to
answer questions concerning their proposal, and explained that rates for gas con-
sumption were considerably lower than electric rates, stressing the point that
gas service is never interrupted in case of a storm or disaster. Gas appliances
are handled by the Compa~ and are more economical to buy and to maintain.
lIayor DeWitt, after some discussion, stated that the Council would neet
more time to consider this proposition and to work out a franchise ordinance which
would have to be appro'VlSd by a Freeholder's election.
The matter was taken under consideration, to be brought up at the next Council
meeting.
A communication from the Delray Beach Zoning Board was read, with reference
to the rezoning of the north half of Block 159, as follows:
"Delray Beach, Florida
July 9, 1946.
Delray Beach City Council,
Gentlemen:
At the time the Zoning Commission made a recommendation for rezoning property
along Gleason Street it was intended that the north half of Block 159 be included
in ;l;he recommendation for rezoning to Apartment District to conform to the ad-
joining property on the north.
For sOllIe reason the North half of Block 159 was not included in the recommenda-
tion, but the undersigned members of the Zoning Commission have considered the
matter and all agree that this property should be in Apartment Zone.
Yours truly,
(Signed) C. W. Garner
Chairman
(Signed) Samuel Ogren
(Simed) Lewis T. Greist
(Simed) John A. Thaver "
The City Attorney was inst~cted to prepare an ordinance covering this zoning
change, to be presented for first reading at the next Council meeting.
2..6 q y
JULY 22ND, 1946.
The following ordinance was then brought up for second and final reading,
and saJIB was read in full:
..
AN ORDINANCE OF 'mE CITY COUNCIL
OF THE CITY OF DEIRAY BEACH, FLORIDA,
PROVIDING FOR PARKING ON ATLANTIC
AVENUE .
WHEREAS diagonal parking has heretofore been authorized on certain
portions of Atlantic Avenue in the City of Delray Beach, Florida, and
WHEREAS the City Council is of the opinion that on certain portions of
Atlantic Avenue, this diagonal parking should be prohibited and parallel park;-
ing instituted in lieu thereof,
Ncm, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as fQ]J.oWll t
SECTION 1. That from and after the effective date of this ordinance all
parking on Atlantic Avenue from the Ocean Boulevard to Swinton
Avenu,e shall be parallel parking except that portion of the south side of Atlantic
Avenue from The Florida Intracoastal Waterway to a point 163 feet west from the
west right of way line of said Florida Intracoastal Waterway, which shall be
diagonal parking.
SECTION 2. The proper officials of this City are authorized and directed to
see that Atlantic Avenue is properly marked off for such parking
when this ordinance shall become effective thirty days after its passage upon
second and final reading.
PASSED on seoond and final reading on this the 22nd day of July, 1946.
(SiJ(ned) M. M. DeWitt
President City Council
APPROVED:
(Silmed) Y. Y. DeWitt
Mayor
A~T:
(Si.tned) Ruth R. Smith
City Clerk
(SEAL)
A motion was made by Councilman Butler, seconded by Councilman Smith, that
the foregoing Ordinance No. G-6 be adopted on second and final reading, and upon
call of roll the motion carried unanimously.
The followil'ig ordinance was then brought up for second and final reading,
and same was read in full:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DEIRAYBEACH, FLORIDA,
PLACING CERTAIN PR<PERTY IN CERTAIN
nTC!'l'DTf''I'Q ffT\tnlM) 1JU1i' "T'1'V '7nllTTl.T("I rfDn,"-TA'lTt'I'D"
2.6Q 3
JULY 22ND, 1946.
Following discussion, action on the foregoing ordinance, which would change
the zoning regulations of certain property on Atlantic Avenue. 'east of the Seaboard
Airline Railway, was withheld until an agreement is reached pertaining to the ex-
tension of water service to this location, and right-of-way to be deeded to the
City by Hr. Fred Sellers, owner of the property in question.
City Attorney Nowlin addressed the Council with reference to the validation
of the Water Revenue Certificates, recommending that an ordinance be passed by
the Council, that it would be of some advantage, to the City in case anyOlJ! wanted
to fight the validation. '
The ordinance was brought up for first reading, and same was read in full:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DEIRAY BEACH, FWRIDA,
AUTHORIZING THE ISSUANCE OF $350,000
WAmR SYSTEM REVENUE CERTIFICATES,
SERm 1946, OF THE CITY OF DEIRAY BEACH,
PROVIDING FOR THE SAIE '!HEREOF, PROVIDING
FOR THE PAYMENT OF SUCH CERTIFICATES AND
ENTERING INTO CERTAIN COVENAN'lS AND AGREE-
MENTS IN :!HAT CONNECTION.
A motion was made by Councilman Smith, seoonded by Councilman Butler, that
the foregoing ordinance be passed on its first reading, and upon call of roll
the motion carried unanimously, Councilmen Butler, DeWitt and Smith voting in
favor of same.
A contract between Mike Blank Nurseries and Powell Brothers, Inc., of Ft.
Lauderdale, Florida, for sub-latting a portion of their contract pertaining to
the under water crossing of the Intercoastal Waterway, was presented and ordered
filed with the data concerning this meeting.
A letter from Smith & Gillespie, Engineers, was presented and read as follows:
IIJuly 16, 1946
The Hon. llayor and City Council
Delray Beach, Florida
Gent 1emen:
This is to advise that upon receipt of the executed contract for engineering
services upon the new water improvements contemplated under the bond issue recently
sold, we are willing to begin engineering studies at once and to furnish you with
plans and specifications for letting contracts for the elevated tanks at earliest
possible date, and to wait for the payment on this work until the bonds are sold
or until the construction work is financed in som other manner.
Yours very truly,
Sl4ITH and GILLESPIE
By (SiJ!ned) W. Austin Smith
W. Austin Smith"
2.bqq
JULY 22ND, 1946.
Upon motion of Councilman Butler, seoonded by Councilman Smith, the Mayor
and City Clerk were given authority to execute a contract with Smith & Gillespie,
Engineers, for improvements and extensions to the water system, the above letter.
dated July 16th, 1946, to be made a part of the contract. Upon call of roll the'
motion carried unanimously.
The Clerk presented a request from Mr. J. N. Kabler for an adjustment of
unpaid City taxes covering Lots 1 to 15, Block 1, and Lots 1 to 6 and 23 to 32,
Block 2, Baldwin Heights Subdivision, for the years 1926 through 1930, during
which time this Subdivision was within the City limits, the principal amount of
the taxes being # 203.78.
A motion was made by Councilman Smith, seconded by Councilman Butler, that
the Council agree to make a settlement of $ 50.00 covering these taxes in full,
and upon call of roll the motion carried unanimously, the Clerk being instructed
to so notify Mr. Kabler.
The following applications for occupational licenses were presented for the
approval of the Council:
Electrolux Corporation
Kenneth Jacobson
Herbe rt L. Hlbvely
" II
- Solicitor's license
- Architect - Atlantic Ave. & N.E. 2nd Ave.
- llanufacture of Ice Cream at Bus Station
- Merchant's license for sale of magazines,
tobaccos, etc.
- Interior Decorators, 3ll E. Atlantic Ave. _
- Tailor Shop - S. E. corner of Atlantic Ave.
and S. W. 5th Ave.
- Filling Station at Atlantic Avenue and
Seaboard Railroad
- $ 15.00
25.00
25.00
Van Sweden, Interiors
Cedra B; Bowleg
15.00
10.00
15.00
15.00
Robert Glass
As the above applications were all in order, Councilman Butler moved that
the licenses be approved. The motion was seconded by Councilman Smith, and una-
nimously carried.
Current bills totaling $ 7,499.52, Nos. 3557-79 and 3982, having been approved
by the Finance Committee, were ordered paid.
Upon recommendation of the Finance Committee, 5th estimates of the NuWay
Plumbing Co. and Mike Blank Nurseries for Water Works Improvements, having been
approved by the Construction Engineers, were ordered paid as follows:
NuWay Plumbing Company - $ 11,414.09
Mike Blank Nurseries 3,534.03
Mr. John A. Talbot, Jr., President of the Airpark and Personal Aviation
Development Corporation, Inc. of Washington, D. C., addressed the Council with
reference to the construction of the Delray Beach Airpark, presenting detailed
plans as to the construction of the field. Mr. Talbot explained that they were
ready to build the first phase of the master plan, but to avoid waiting for the
construction of the road at the north end of the Airpark which the County and City
have agreed to build, they have decided to build on the back end of their land,
using Barwick Road for the present. They have contracted for the construction of
the first runway, which will be started within a month. They plan to build a small
JULY 22ND, 1946.
'2..6'ls-
administration building and one hangar which will provide facilities for
servicing two or three planes, Mr. Talbot stated that they have room for
3000' runways, and eventually want to put in 4000' runways if they can buy adjoin-
ing land. He also informed the Council that he had been promised abstracts and
title insurance to the land by a Title Company, and as soon as the Contractor's
estimates have been approwd by their Board of Directors they will be able to
start construction of the buildings, which will be probably in about a month,
and limited operation can be started about two months later.
Mr. Talbot stressed the necessity of the road being built by the City and
County which will lead to the Airpark on the north, as this will save a con-
siderable distance to the Airpark, and will be the only access to the seaplane
base which they propose to build at a later date, and the road will also be a
benefit to property development in this vicinity.
Council discussed the project with Mr. Talbot at length.
Council then adjourned.
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