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05-12-41 Special 1.703 COUNCIL CF.Alffi],'R May 12, 1941 The Council met in regular session City Attorney and all members present. presided. at 7:W P.M. with the Acting-l,!ayor E. H. Scott, By motion regularly made, seconded and carrie d the minutes of the regular meeti16 of April 28th and the special meeting of April 30th Were approved as read. A Co,mmunicaticn was read from the 10C'aLAmerican Legion, Milton-Myers Post No. 65, requesting the Mayor 1m issue a pro- clamation calling Delray Bea ch cit izens' attent ion to Nat! onal Memorial Day, May 30th, and asking that they suitablv observe it by taking part in the ceremonies to be sponsored by the American Legion and Auxiliary, SChedUled to commence at 3 P.M. and to be conducted at the e.meteryarit beach, as in past years. It was accordingly reconmended that the Hayor issue such proclamation asking the merchants to co operate in such observance to the fullest exten t pos sible. A letter was also received from the Garden Club apprOVing the burning of vacant lots as an aid towards eliminating fire hazards and mosquito breeding spots, but recommending that.suoh burned-over lots be given a final cleaning after such burning. The Club felt this \llould greatly improve, the appearance of such propartie s. Hr. ;racobs, Cha irman of the' Sanitary Committee, stated he was heartily in accord with the suggesticn but to do much more along the line of cle aning, additional financing would be required to cover labor and truck expense, as the city forces ware already working to capacity. On MT. Scott's reoommendation, it was moved by Mr. Miller too t the Clerk reply to the oommunication, advising the club that the City is doing all possible, under the circumstances, and with the finances on hand at the present time. Mr. ;racobs seconded the motion, which carried unanimously. A letter from the Chamber of Commerce was read, in which the Board of Directors offered full support of any feasible, workable plan the Council may adopt in the raising of additional funds for garbage collection purposes. lilr. Scott said it was nice to know the City will haVIi the sup:oort of the Chamber whenever the me,mbers decide to make pIDDvision for raising ad~itional revenue to take C8r(!l of garbage collection costs. The Chairman of the Sanitary Commit tee stated he was unprepared to maJ(t; recommendation in this regard at the present tir~, but would give the matter consideration and studYI before next meeting of the Council,and be prepared to make sane report thereon. A further communication hom the Chamber of Commerce, was ordered filed ror future reference, together with an enclosed copy 1:70g' May 12, 1941 of a suggested planning commission ordinance drafted by the Planning Boa rd Committee of the Chamber of Commerce, for the perusal and guidance of the City Counc il, in t',e drawing of an ordinance setti~ forth t~ duties and authority of such a planning conmission, should the City Council decide to set up such legislation. The City Attorrwy advised that the final draft of the Planning Commiss ion Act, as prepared fb r passage, would be submitted to the .Council for approval, before presentation to the Legislatur e. The following recommendation made by the Zoning-Planning Commission on the request of Shor~ Acres property owners for the re-zoning of tlleir property into an "AA" :3one was submitted and read by the Clerk: Provided these owners will deed to the city, the 'Jest 25 feet of Lots 1 to 13, Block "E" Shore Acres, for a street along theVes t 11 no of said property and further prow1.ded that a right-of-way be opened up both on Market Street and along the North ,line of Lot 1 Block "E" Shore Acres, to link up this 'Jest street wilh the Ocean Boulevard, then, It is rBcommended that a new "AA" Zone' be created for Block "E" Shore Acres, extending 'Vest for a distance of 383 feet 1'rom C/L of to'!; Ocean Boulevard, which zone slhail be restricted to one-family dwellin"S with necessary appurtenant houses of the foil owing areas: If a onE story hous E, not less than 2,200 square feet of ground floor livable 81'ea; If a one an1 a half story house, not less than 1,600 square feet of {gIl1ound floor livable area; or if' a two story house, not less than 1,200 square feet of ground floor livablE ar~a. That front line set backs for buildings in said zone, shall be not less tffin 108 feet 1'rom the present C/L of the Ocean Boulevar but in no instance shall any structure extend more than 20 feet in front of an existing structure on any ad,joining lot. Side line set-backs shall be the same as required in Zone "A" provided such set-backs allow for a la-foot space between all build ings . Private drivevrays fran Ocean Boule:g-ard in "AA" Zone shall be used to SErVe enly those nsidences located in said "AN' Zone. That the rear of s:ilid lot s 1 to 13, Blo ck "E" Shore Acres, re- main in' Class "A" Zorw, and that acceS~3 thereto be from the street proposed to be constructed along the 'Vest li~ 01' said lots." 1.'705 Hay 12, 1941 The Cooncil declined to take imr~ediate action on the recommendation, however, the memebers stating they would -go efer to look into same rrore thoroughly before acting in the matter. The follOwing re commendation regard to permitting the erection Deming property was also read. by the Zoning Commission in of a business building on the I "Inasmuch as a public hearing has been held in the matter of re-zoning for business, that section of Atlantic Avenue lying betweEn t he canal and tllo Ocean Boulevard, arit the Zoning Commission haS', at present, the matter under consideration but is not yet prepared to make final recommendations on the entire proposed plan, it recc:mnends that, Provided the owner of' said Lots 1 and 2 and the E. 25' of' 3 Block 3, Ocean Park will dee d to the City the North 10' thereof for street, and/or, sidewalk purposes, vvith no further setback required, That the City Council issue a special permit to construct a bus iness structurl! on s aid proper ty, providing sa rre ot herwise conforms to loeal business restrictions according to uhe ,. Building Code in effect at the time said building is erected." It was moved by Mr. Sabath tha t t he above re conmendation be approved, ani that a special permit be granted in accord with the proVisions of the Zoning COJlmission's recommenda tion. ITr. Miller seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. ;racobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carrie d. The Clark of' the Water Departm"nt requested the advioe of the Council in re~ard to the outstanding water account of A. F. Baggett, amounting to $18.30, Which the department had been unsuccessful in collecting. After discussion it was moved by Councilman Hill that Mr. Baggett be notified that the current month's water bill must be paid by the 15th of May, and that he must make arrangerrnnts With the City Council, before the end of" the month, for the payment of the balance of' his outstanding account. Mr. Sabath seconded the mot ion, which on roll cal], caITied unanimously. A lengthy d.,tailed report on the activities and financial standing of the Delray Beach Tennis Association was read, in which it was requested that the City take carE! of an outstanding bill of the Association's amounting to :;172.90, due ;roe Priest for marl and materials supplied in the re-condi tioning and construction of' new courts in the Fall of 1940. It was also asked that the City 1.706 May 12, 1941 agree to pay ~25.00 :per nonth towards the salary of the tennis professional for a period of seven months, next season. After dis cus sian, it was moved by Mr. Sabat h tha t the Council inc lude in its 1941-42 budget, an appropriation of $175.00, to cover seven month's salary for the Tennis Professional, with the distinot understanding that this inomlY is pa id to cover instruction at the weekly child's clinics, as conducted in the past. Mr. Hill seconded the motion, which on roll oall oarrito d unall!limously. It was moved by Mr. Millar tba t the City take care of the Tennis Association's outstanding acoount of $172.90, inasmuch a~ this covered the purchase of red clay used in the extension of courts, on which a chEap price red been obtained because of the quantity purchased, and stnce a considerable p~tion of the Clay still remained on hand for future re-conditioning. Mr. Sabath seconded the motion a nI on roll oall the vote was as follows: Mr. Hill yes, Mr. ;racobs yes, l.!r. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. Mr. S. R. Hart, Florida State Exhibit repre~entative, next addressed the Council, in the interest of this year's exhibits asking that the City make a dona tion tow.rds same in the amount 01: $185.00, which he stat ed was in pro-rata proportion of the City'S popUlation. After some disoussion, it was moved by Mr. Miller th~1; thll City donate the sal!l: amount as last year, said amount of $100 .00, to be set up in this year's budget for pub- licity. Hr. Sabath seconded the motion, and on roll call the vote was as follows: Mr. Hill yes, Mr. ;racobs yes, Hr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. Councilman Hill brought up the matter at fireworks, stating that he had been asked if the Counc 11 was going to ~rmit the s hoot- ing of fireVltlrks in town this year. Other members said if the dischfilrge of fire\l\Oncs Was tgQimg to be 'permi tted, then they fel t the local merchants should be allowed to sell them. Upon request, the City Attorney agreed to look into City ordinan ells arit recent State legislation gov erni~ the sale and use of firll works, and repor' back to the Council at next meeting. Hr. Miller reported having had comple.int from J. W. Newbury in regard to the overgrown dondition of the property lying East of S. E. Third Awnue, opposite h:ls hOl!l:. Mr. ;racobs also reported having investigated this c anplaint and said he had .found a thick tangle of growth which cut off the air from residents on the west side of !the street. He felt a clean-up program was desirable but questioned the possibility of financing same. He agreed to talk" to propl'lrty owners in the locality, to see if they would be willing to stand a portion of the expensE! or to take improveIllllnt lien certificates ccnering the cost of the work, and report baok at next meeting. / 1.707 May 12, 1941 Mr. Sabath. said, as Chairman of the Parks Corrmittee, he would like to recommend that thE Council take under consideration the cleaning up and bcautifica tion of the watcr plant. The City Engineer submi ttcd sketch of' the proposed plan of beautification, which he estimated \~uld cost around $400.00, not including the rocking of the road, but I1Erely staking of it. Mr. Sabath said it would be necessary to hirE! machinery for thE! grading of' the grounds and recommended that a nursery supply the top soil find plant tm hedge. The City Engineer, in reply to an enquiry of' Mr. Miller, stated that 111e work could be done more satisfactorily and cheaper by contract than by city foroes. After discussion, it was moved by Mr. Hill that the Chairman of the Parks Committee be authorized to contact nurseries, and secure plans and specifica- tions and prices, sarre ~o be submitted for approval at nExt mee ting. Mr. Milllfr seconded the motion, which carried unanimously on roll call. The Chairman' of the Parks Conmittee stated George Hardin had brougp.t to his attention the coritition of the royal palms on East Atlantic Avenue, stating t'-atif' they d:ld not receive imnediate treatment bligp.t \~uld dE!stoy them. The m<<mbers all agreed that the trees should be fertilized and treated at once, and it was suggested tha t this be done by city firemen, using their lIxhns ion ladders, if practicable. Finally Mr. Miller moved that the matter be given immediate allrtiantion arit the Parks Committee be given authority to act in this regard. Mr. Hill seconded the motion, v.hich carried uanimously on roll call. On motion regularly made, seconded and carried the :following ordinance was placed on its first reading: ORDINANCE 391 AN ORDINANCE OF THE CITY COUNCIL OF 'I'RE CITY OF DELRAY BEACH, FLORIDA, REGULATING THE BU3TIiESS; OCCUPATION AND/OR PROFFSSION OF PHOTOGRKPHY IN THE CITY OF D:ELRAY BEACH, nOR IDA, DEFINING DIFFERENT CLASSIFICATIONS OF PHOTOGRAPHERS, PROVIDlliG FOR A LICESNE FEE AND PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORD llillFCE. ' The ordinance having been read in full, it was moved .by Mr. Hill that it be pa~sed on its first reading. l~. Sabath seconded the motion, which carried unanimously on roll call. On motion regularly made, seconded and carried the following ordinanCe was placed on its first reading; :1708 May 12, 1941 ORDINAlJCE 392 AN ORDINANCE (JF THE CITY COUNCIL OF THE CIT'T OF DELRAY BEACH, :FLORIDA, REGULATING TH3 SOLICITATION OF ORDERS FOR TTE SALE OF GOODS, "fARES AND F:BRCHAN::J ISE AND/OR THE PEDDLING OR HAWKnm OF Si~UE AND PROVIDING FOR PENALTIES FOR THE VIOL.ATION OF THIS ORD INANCE. The ordinar ce having be~ read in :tUll, it was moved by Mr. Hill, seconded by Mr. Miller, and on roll call unanimously carried, that the ordinance be passed on its first reading. On mot ion of Mr. Miller, seconded by Mr. Hill, and on roll call unanimously carr:l.e cl the followi ng regu:W,t ion was adopted 1 RESOLUTION 395 A RESOLUTION OF THE CITY COUHClJ" me 't'l'm Ci}'T'"V OF DEL"iAY BEACH, FLORIDA, OR'D"$TN'G'THECITY-l1lrGINEER TO PREP1Ul~ PUANS AND SPECI- FmAT'IDN1~nB'{}R STREET IMPROVEMENT \IURK ON s. \V. 2nd STREET FROM SOUTH S'VINTON AV-mITE TO S. 'V. 5th AV"SNUE. On motion of Mr. Miller seconded by Mr. Hill, am on roll call unanimously car:" ied th! following resolution was also adopted: RESOLUT ION 394 A RESOLUTION OF THE CITY COUNCIL OF 'IHE CITY OF DEL'iAY BEACH, FLORIDA, ACCEPTING PLANS AND SPECIFICATIONS OF THE CITY ENGnmER FOR CERTAIN STREET 11'PR01fEMENT 'ilO'lK TO BE COMlTRUCTED ON S.,V. 2nd STREET A''f;) ALSO THE ESTI!'ATED COST OF THE PROil; PQ.'3ED DTR0 Vl!}nNT, WHICH IS SET FORTH IN SAID PLANS AND SPECI- FICATIONS. . The City Attorney reported having given t~e Contractor's Lieensl Ordinance some t hooght, but since there seemed to be so much differenc of opinion as to what constituted contracting, he recommended that tl Council meet in spe cial session to decide definitely wtat shall ee classed as contracting in the propos ed ordins nee. It was ae- cordinly agreed to meet in adjourned session, Monaay night, May 19th to :take up this me tt er and also to me et with loc'al plumbers for the purpose of 'Norki~ out a rew plumbing ordinance, and slftting up an examining board in conjunct ion therewith. A letter was read from George Riley, for the Lions Club, re- questing an extl}ns10n dlf' time on the mvving and building permit is ued for their cJub builo. ing, which is in course of re-construction The Building Irepector sta te<i. it was a hazard and uns :ightly, and that it had not been finished as agreed upon when permit was issued. It was there fore moved by Mr. Hill that the Lions Club be given a sixty days" extension of time am that they b e notified that the old structure must be substantially completed at the en<i. of that 1.709 lc;ay 12, 1941 period. Mr. Sabath seconded th(' motillli\, vb.ich carrierl unanimously on roll call. It was moved by Hr. Miller that taxes be adjusted on Lot 2 to 10 in the sir of Block :B, for ~llO.OO as of:tl"erEd by ;r. B. Evans, since this was in excess of 20% of the amount outstanding, and covered all years required to be paid in c8sh. 1~r. Hill seconded the mot in which carrie d una imously on roll call. It was moved by Mr. Dab:ath, s.ecomed' by Mr. )11i11iir'i a:m:d'on; in' r611cillll unanimously tiaqried that; .bills ntln1bered 6862 to 6910, having been approved by the Finance Committee, be re turned to the Council and ordered paid. A letter received. from the Lake .forth Drainage Distridt stated that under the terms: of a bill introduced. at the present session of the State Le(Sislature, taxes for 1940 and 1941 would be canc",lled on the City's (Solf ccurse property. The communication was CFdered ~iled. Thl'ire be ing IDr further business to come before tm meeting, it was regularly moved, seconded and carried that Council adjourn to meet again in adjourned session, Monday ni(';ht, May 19th, to take up miscellaneous mB tters of business. ~ r> ~ . fA rY7N1r CITY CL:3RK APF:"OVED : ~~ MAYOR. '\