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11-25-46 Regular 10") NOVEMBER 25th, 1946. Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers with Mayor M.M. DeWitt in the Chair, City Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following Councilmen present: B.C. Butler, F .B. McNeece, J .B. Smith and C.J. White, a quorum being present. The minutes of November 11th, 12th, 13th, 18th and 19th were presented for the approval of the Council. As there was an item in the minutes of the 12th, referring to the billing for electricity used at the Memorial Field to the City, these minutes were not approved until a check is made on this point. All other minutes were approved as written. Councilman Butler, Chairman of the Finance Committee, reported that the following Refunding Bonds, Series "A", had been purchased by the City: From H.B. Moloney, City Bank Farmers Trust Co. of New York City, July 1st, $10;000.00 City of Delray Beach Refunding Bonds, Series "A", due/1968 @ 99 - $ 9,900.00 Interest from 7/1/46 98.32 $9,998.32 Certificates Nos. 243, 244, 245, 246, 357, 358, 359, 360, 361 and 804 (All $1,000.00 Bonds with Coupons Nos. 17 to 60, inclusive, attached). From William Clancy, Lumbermen's Credit Association, Inc. of Chicago, Ill. $9,000.00 City of Delray Beach Refunding Bonds, Series "A", due July 1st, 19li8. @ 99 - $ 8,910.00 Interest from 7/1/46 85.39 $8,995.39 Certificates Nos. 792, 793, 794 and 796 ($1,000.00 Bonds with Coupons Nos. 17 to 60, inclusive attached) . Certificates Nos. 733, 735, 736, 738, 7391 740, 741, 743, 744 and 745 (OP500.00 Bonds with Coupon Nos. 17 to 60, inclusive, attached). A motion was made by Councilman Butler, seconded by Councilman McNeece, that the bonds be cancelled by detaching therefrom the signatures of the Mayor and City Clerk, which signatures shall be destroyed, and that the interest coupons attached to the bonds shall be desyroyed after a record has been made of the Numbers of the coupons attached to the bonds. Upon call of roll the motion carried unanimously. A suggestion was made by Councilman Smith that a Juvenile Court be establish- ed, to operate in connection with the Municipal Court, to handle youth problems of the community, ..mereby boys and girls could be brought before a Juvenile Probation Officer instead of into the regular Court. This would avoid a police record in a great many cases. Mr. Smith stated that he had someone in mind ..mo had had twenty-five years of experience in this work, ..mo would handle this work gratis. Action was deferred until the next Council meeting, to give time for throught on the project. >( - b" NovEmber 25th, 1946 An application of H. Silber for a Special Pennit for ninety days to operate a novelty business in his dwelling on the southeast corner of N. Federal Highway and 3rd Street, to dispose of a stock of novelties which he had on hand, was presented. After discussion by the Council, a motion was made by Councilman McNeece, seconded by Councilman White, that pennit be denied, and that the Clerk be instructed to inform Mr. Silber that it is not the policy of the Council to go against the Zoning Ordinance by granting special permits. There would be no objection to Mr. Silber selling out the stock he had on hand to dealers, but no display or advertising of his merchandise would be allowed at this location. City Manager Edmond presented a request for a permit to build a shelter on the parking lot being operated on S.E. 4th Avenue by W.F. Deaderick, the build- ing to be used as a small office and shelter. Council asked that Mr. Deaderick be instructed to bring in a plot plan and sketch of the proposed building, and that he be required to sign an agreement with the City that he would remove the building at any time, if requested by the City to do so. Mr. Edmond read a letter from the Dual Parking Meter Company stating that material for the installation of the parking meters had been shipped on November 14th, 1946. A letter from Attorney C.Y. Byrd, requesting the extension of the City limits to include Seagate Section "B" was presented, and read as follows: "Noveml:e r 14, 1946 Mr. H.P. Edmonds, City Manager, Delray Beach, Florida. . Dear Mr. Edmonds: My clients, Mr. and Mrs. H.A. Helm, are planning to subdivide and place on the market an additional portion of the Seagate Subdivision lying west of State Road No. 140, and immediately joining that portion of said subdivision ..mich is now in the City limits; they have authorized me to negotiate with you and the City Council on the following propositions: .~ :. I:' ,. i 1. To t ake this additional portion of Seagate, known as Seagate Section "B", into the City limits as of January 1, 1947 by Ordinance, upon the same conditions and considerations that Seagate Section "A" was taken into the City limits, excepting as to taxes. It is my clients' desire to have said lands brought into the City, said lands are shown on the subdivision plat of Seagate Section "B", said lots to be levied and assessed for taxes the same as other lots in Section "A", that is, subject to operating taxes of the City on its current rolls, l:e ginning January 1, 1947. 2. That the action of the City Council in taking said lands into the City by Ordinance be ~atified and approved by Special Act of the Legislature at its 1947 Session. Ip'\ November 25th, 1946. 3. That the master water meter--which is now located at the north portion of Seagate Section "A", be moved to the extreme south line of the new Section "B" so that water used outside the City limits can be metered at the master meter; this would eliminate the loop in the water circuit which is now going north from the new water main across Seagate Section "A" and coming south through the old water main. Mr. and Mrs. Helm would like to know the approximate City tax on the remaining seventeen lots which they own in Section "A". You will recall there is an agreement existing between my clients and the City to pay a lump sum in taxes on Seagate Section "A" until such time as all of the lots have been sold to new owners. If it is possible for you and myself to approximate these taxes, and the same is not too high, it is the desire of my clients to have all of their property in both Sections "A" and "B" set up on the tax rolls on a current basis. At your convenience I would like to have a conference with you and the City Council to discuss these propositions on the behalf of my clients. Very truly yours, CYB:H" (Signed) C.Y. BYRD The Council was informed by the City Attorney that it would not be possible to pass the necessary Ordinances to extend the City limits to include this Sub- division in time to include this territory on the 1947 Tax Roll, as it would re- quire two separate ordinances, and at least ninety days time. Ci ty Manager Edmond reported to the Council on the work required to be done at the Beach, as follows: Three or four men and a foreman should be placed on the beach immediately, for three or four months, to clean the beach and care for the beautification, etc., until equipment can be obtained to do this O<<lrk. The side walks over the whole mile of beach should be resurfaced, as they are dangerous to walk on. They should be resurfaced with sand asphalt and rolled. Eight shower heads should be installed, four north and four south of the pavilion, located preferably at the heads of the abutting streets, with ramps or steps built up to the shower heads. The Board walks and the wooden benches should be repaired, and the pavilion painted. The pavilion should be reconditioned to be made more attractive, and two dressing rooms and rest rooms should be installed. Mr. Edmond recommended that the material for the resurfacing of the side- walks be purchased by the City, and that the work be done under contract, whereby it would be possible to have the work finished by January 1st. After consideration, Mr. Edmond was instructed to place an order for the material required immediately, and to advertise for bids for the laying of the sidewalks, bids to be received not later than 7:30 P.M., Monday, December 2nd. It was the consensus of opinion of the Council that it would be best only to repair the sidewalks and install the needed shower heads with bases and ramps or steps as necessary, and to clean up the beach, and that Mr. Edmond I s recommendation be accepted, he being instructed to go shead with the entire project as quickly as possible. I:> November 25th, 1946 A letter from the Sanitary Engineer of the State Health Department was presented, with reference to certain improvements which must be made to the Municipal Pool, or the pool must be closed. The letter was read in full, as follows: "Mr. H.P. Edmond City Manager Delray Beach, Florida Re: Palm Beach County SWP, Delray Beach November 20, 1946 Dear Mr. Edmond: Reference is made to a letter dated January 18, 1946, from Mr. David B. Lee, Chief Sanitary Engineer, Florida state Board of Health, which states that on July 1, 1946, all temporary swimming pool permits will be terminated and permanent permits issued only to pools meeting the requirements of Chapter XX of the Florida State Sanitary Code governing Swimming Pools and Bathing Places. Since July 1, you have been operating a swimming pool without a permit which is contrary to the Florida State Sanitary Code. Numerous inspections since that date show that no effort has been made to comply with these regulations to make the following changes: 1. Install mechanical chlorinating equipment. 2. Change inlet filters so that pumps may be operated at all times. 3. Repair scum gutter-drainage system. 4. Operate as a flow-thru type pool. This wOl'k must be started by January 1, 1947, and completed as soon as possible thereafter or the pool must be closed. If I can be of further service in this matter, please contact this office. Yours very truly, (SIGNED) ROBERT L. QUICK Sanitary Engineer, SEFHD" Mr. Edmond stated that the estimated cost of chlorination was approximately $1,500.00. The intake line should be extended at an estimated cost of $2,500.00 and as it now takes all night to drain the pool, the size of the drain pipe should be increased. A rough estimate of the needed improvements to the pool to meet the requirelle nts of the State Board of Health would be about $6,000.00. Mr. Edmond stated further that the pool had been operating at a loss of approximately $1,000.00 annually, and suggested that it might be made a profitable project by remodeling the locker rooms and putting in a cold drink and sandwich concession. After discussion, Council recommended that the foregoing letter be published in the local newspaper to advise the people of the town of the situation, and to get the reaction of the public. The following letter from County Commissioner C.Y. Byrd was presented and read in full: ~ November 25th, 1946 Honorable M.M. DeWitt Mayor, City of Delray Beach Delray Beach, Florida "Delray Beach, Florida November 19, 1946. My dear Mayor DeWitt: Enclosed herewith is copy of Final Decree entered by Judge White on October 22, 1946, wherein title to certain lands located in palm Beach County became vested in the Board of County Commissioners of 'Palm Beach County on October 22, 1946. You will note that there are some tracts or parcels of land set forth in said Decree which are located in the corporate limits of the City of Delray Beach, Florida. Please make a careful examination of this Decree and advise me within the next week or ten days if the City of Delray Beach is interested in having any of these lands dedicated for public purposes. Your immediate attention to this matter will be greatly appreciated. Very truly yours, (Signed) C.Y. Byrd County Commissioner Fourth District, Palm Beach County, Florida" City Manager Edmond was asked to mark off the property mentioned in the above list on a City map, and to report to the Council on December 2nd. Councilman White reported a complaint which he had received on an electric sign in front of Varno's on Ocean Boulevard, which has been erected on City property, and which disturbs guests in the Sea Crest Hotel. As the erection of the sign would comply with Ordinance No. 410 governing the erection of signs advertising businesses located on the same site, providing the support for the sign was placed on the owner's property, Mr. Adams, Building Inspector, was instructed to notify Mr. Varno that his sign must be removed from City property, and that he must obtain a permit to r e-erect the sign. The proposed ordinance granting a franchise to the Florida Power & Light Co., for a period of twenty years, was again brought up. It was explained by the City Manager that the Ordinance would be accepted by the Council with a few minor changes which could be worked out before the Ordinance would CD me up for final reading, vID.ereupon the Ordinance was presented and read in full, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO. ",\ November 25th, 1946 A motion was made by Councilman McNeece, seconded by Councilman Butler, that the ordinance be placed on first reading, and upon call of roll the motion carried unanimously. Bills totaling $25,369.20, having been approved by the Finance Committee, were ordered paid, in a motion made by Councilman McNeece, seconded by Council- man Butler, and unanimously carried. City Manager Edmond reported that the.new aerators were being installed at the Water Plant and would be in operation by December 2nd. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-16. AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF DELRAY BEACH, FLORIDA, PLACING CERTAIN PROPERTY IN THE SPECIAL HOTEL DISTRICT AS DESCRIBED BY THE ZONING ORDINANCE OF THE CITY OF D ELRAY BEACH, FLORIDA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, as follows: '~-:'" SECTION 1. The following described property in the City of Delray Beach, Florida, is hereby placed in a Special Hotel District, as described by the Zoning Ordinance, to-wit: ALl that property lying between Andrews Avenue and the Ocean Boulevard and lying North of Atlantic Avenue and South of Thomas Street, also all lots abutting the Ocean Boulevard South of Atlantic Avenue and North of the South line of Williamson-Diebel SUbdivision, except Lots 1 to 7, inclusive, Block 1, Ocean Park, also all Beach lots South of Williamson- Diebel Subdivision and North of Nassau Park Subdivision. PASSED in Regular Session on this the 25th day of November, A.D., 1946. (Signed) M.M. DeWitt President of City Council APPROVED: ATTEST: (Signed) Ruth R. Smith City Clerk (Signed) M.M. DeWit.t Mayor (S E A L) A motion was made by Councilman White, Seconded by Councilman Smith that the foregoing Ordinance No. G-16 be passed and adopted as read, and upon call of roll the motion carried unanimously. l '0'-1:. November 25, 1946 / The Council instructed the City Manager to advertise for bids for a Ii Ton 6x6 Used Dodge Truck, Model WC-6243A, bids to be received not later than 7:00 P.M., Monday, December 2nd, 1946. Council then adjourned. 2, Q R-St ~-:: /JO City Clerk Mayor