11-25-46 Regular
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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. >(
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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:
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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.
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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.
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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:
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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.
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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:
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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.
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November 25, 1946
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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