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12-10-56 DECE~IBER 10th, 1956. A Regular Meeting of the City Commission was held in the Commission Chambers at 7:30 P.H., with Mayor Mike Yargates in the chair, City Manager W. E. Lawson Jr., City Attorney John H. Adams and the:following Commission Members being present - - Catherine E. Strong, W. J. Snow, Empty J. Barrow and Howard Lee Cromer, a full Commission being present. The Opening Prayer was delivered by City Hanager Lawson. The minutes of the November 26th and December 4th meetings were a0proved on motion of Commissioner Cromer, seconded by Com- missioner Snow and unanimously carried. The City Manager presented his re0ort of survey concerning parking meter enforcement which report was highly praised by the mayor for completeness and for recommended procedures as outlined therein. Commissione~ Cromer believed that the City should be somewhat more lenient than heretofore in penalization of parking meter vio- lation. Commissioner Snow moved for adoption of the "Report" as read. Hotion was seconded by Commissioner Strong and upon Call of Roll - Mayor Yargates, Commissioners Snow, Strong and Barrow voted in favor thereof, Commissioner Cromer being opposed. Mayor Yargates requested the City Manager to forward a copy of this report to Hr. Philip Stevenson, 17 Nassau Street, Delray Beach, Florida. City Manager W. E. Lawson then read a letter received from Smith & ~illesnie, dated December 3rd, 1956, concerning difficul- ties encountered with regard to test wells and the recommendation of drilling a new well equipped with a ten (10) inch screen rather than the eight (8) as in the existing well. Commissioner Cromer moved that the City Hanager be instructed to proceed with installation of a new well as recommended by Smith & Gillespie, who estimated the additional cost to be approximately $2,785.00, and to obtain as much credit as possible from the pre-' sent well house, Motion seconded by Commissioner Snow and unani- mously carried. The Citg Hanager then presented BIDS, as itimized below, for a half-ton (1/2) Pick-Up Truck intended for use of a foreman in the Public Works Department; Adams Chevrolet Co., ~1,586.05 De'arco Tractor & Implement 1,626.00 Earl Wallace Ford, Inc., 1~496.51 Co~missioner Snow moved that award for the furnishing of this half-ton Pick-un Truck be made to the low bidder. Motion was second- ed by Commissioner Cromer and unanimously carried. City Manager Lawson then oresented the BIDS received, as shown below, for T&C Galvanized Pipe: 1000' 5000' 5000' 1000' 2000' 2000' 1- 1-1/4- 1-i/2. 2. 2-1/2. .1387' .1906 .2540 .3078 .4124 .6332' Davis Met- er Supply. .1416 .1927 2568. .3112. .4170 .6405 Charles Sales Co. .1500 .2~0 .2880 .3415 .4580 .7190 Peninsular Supply .1560 .2240 .2990 .3540 .4750 .7a50 All State Pipe .1758 .2521 .3361 .3982 .5334 .8375 Finley's Supply DECEMBER LOth, 1956. Co,~,issioner Cromer commended the Purchasing Depratment for having obtained such satisfactory bids as reflected above. Commissioner Barrow moved for awarding contract to furnish the carload o~ pipe, F.O.B. Delray Beach, to the low bidder. Motion was seconded by Com~issioner Cromer and unanimously carried. Commissioner Barrow moved that the request of A. T. Holloway, in behalf of owners of property in Block 164, for variance in C-1 Zoning of that area be referred to the Planning/Zoning Board for their study and recommendation. Motion was seconded by Commissioner Snow and unanimously carried. City Manager Lawson read a letter received from the Clerk and Inspectors of the No. 27 Precinct, wherein they requested the Com- mission to consider an increase in remuneration for the services they render at Election time. Commissioner Barrow pointed out that such work is of a civic nature and should be so recognized, further stating that the City Commissioners only received half the amount paid the Election officials, namely $5.00 per meeting. Commissioner Snow mentioned that the pay granted those of- ficials has been standard remuneration for such services for many years. Commissioner Strong stated that the consideration, namely $10.00 per day, was and is the same as paid all similar election officials in the City of Delray Beach, and in continuance stated that inasmuch as there are no more elections to be held this year and under the present administration the matter should be tabled, allowing the incoming Commission to establish such a schedule as it may deem warranted. The Commission agreed to table this item. City Manager Lawson read a letter received from Att'y Nell MacMillan, inquiring, on behalf of the First Presbyterian Church, if present zoning of the North Half of Block 49, and the North 215 ft. of Block 57 permits Church construction thereon. Commissioner Snow moved that this request be referred .to the Planning/Zoning Board for its recommendation. Motion was seconded by Commissioner Barrow and unanimously carried. ~The City Manager presented BILLS, in the amount of $34,993.84. Commissioner Snow moved that said Bills be paid subject to the approval of the Finance Committee. Motion was seconded by Com- missioner Cromer and unanimously carried. City Manager Lawson presented a Bill received from Att'y. John H. Adams, in the amount of $15.00, for services rendered in connection with the preparation of Emergency Ordinance No.G-242. Commissioner Barrow moved that said Bill be paid. Motion was seconded by Commissioner Cromer and u,on Call of Roll - Mayor Yargates and Commissioners Barrow, Cromer and Snow voted in favor thereof, Commissioner Strong being opposed. The City Manager presented another Bill from Att'y. John H. Adams, in the amount of $85.00 covering charge for services rendered in connection with legal action necessitated in the collection of a Water Bill against the Grosvenor House amounting to $432.33. An additional bill from Att'y. John H. Adams, in the amount of ~60.00, covering service charge for the preparation of the domuments consti- tuting the "Lease of Golf Club House and Facilities." Commissioner Barrow moved that said two (2) Bills be paid. Motion seconded by Commissioner Snow and unanimously carried. City Manager Lawson presented a "Zoning Change Request" re- ceived from Att'yl Neil MacMillan on behalf of Mr. Fulton R. Gruver, concerning the SW~ of the SE¼ of the SW~ of Section 17-46-43, from R-1 to R-2. Commissioner Barrow moved that this request be referred to the Planning/Zoning Board for its recommendation. Motion was seconded by Commissioner Snow and unanimously carried. DECEMBER 10th, 1956. Commissioner Barrow moved that the three (3) Deviation Applications, shown below, be referred to the Planning-Zoning Board - e W. C. Muzeroll - Lot 7, Block 11~ Zone C-2. * Osceola Park. Joseoh W. Gwynn - Lot 31, Block 6, Dell Park S/D, Zone H-1AA: J. Raymond LaLamus (Manor House Apts) Lot 13 & Pt. of 12(Beach Lots) Motion was seconded by Commissioner Snow and unanimously carried. Commissioner Barrow moved that the "Request for Zoning Change", submitted by Harold P. Mueller and concerning the East 75' of Lot 38 in Block 5 of Seagate Extension, be referred to the Planning/Zoning Board for study and recommendation. Motion seconded by Commissioner Cromer and uaanimously carried. Mr. Sadowski, reoresenting Dade Con~uonwealth Mortgage Company, addressing the Commission, discussed the situation concerning Jefferson Manor S/D, its financial situation due to bankruptcy of its original developer, and current plans of limited development, particularly re- lating to the ten (10) homes under construction. Hr. R. M. Sadowski requested consideration of the City Commission relative to electrical and plumbing requirements which he understands have been amended since the origin of Jefferson Manor S/D, also re- quested aid in ~roviding the opening, grading and paving of N. W. 13th Avenue between 2nd and 3rd Streets.  s to a proposed distribution of water supply for this $/D., Mr. Sadows i was advised to contact the City E~gineer relative to the City's requirements, which the City Manager stated must conform to established policy with regard to water distribution provision in any development to furnish adequate service within the sub-division. The Commission informed Mr. Sadowski, relative to, opening, grading and paving of N. W. 13th Avenue, between 2nd and 3rd Streets, that he might hasten such progress if he would bbtain signatures of abutting property owners indicating their desire to support a petition for such opening, gradi~ng and paving as well as their willingness to accept lia- bility for 80~o of the cost thereof, the city to share expense of con- struction to the extent of 20% in accordance with established policy. ~ Mr. Grimditch, of Grimditch and Clark, speaking' in behalf of Tropic Isle Land Co., informed the Commission of another section therein to be developed and known as "Trading Center Plat", which lies between U. S. 1, (State Road No. 5) and the 01d Dixie Highway, proposed Olat of which Mr. Grimditch submitted to the Commission for study and pointed out to the Commission that it was a desire,to dedi- cate a large portion thereof for "Parking Area" and further that con- siderable land therein would be held by a non-profit organization and used for planting areas as well as providing drainage field for septic systems as indicated on the Road and Drainage Plat, all of which would aO~roximate 6~. acres of non-taxable land, leaving approximately 3~ acres, within this proposed "Trading Center Plat", for development of commercial property and ultimate taxation. Commissioner Snow moved that this matter be referred to the Plan- ing/Zoning Board for study and recommendation. Motion seconded by Commissioner Cromer and unanimously carried. Commissioner Cromer moved that the City Attorney be instructed to prepare the necessary instruments for annexation procedure concern- ing Tropic Isle T~ading Center. Motion was seconded by Commissioner Snow and unanimously carried. City Manager Lawson presented the "Re~ort" of the Planning Board dated 1)cc. 8th: "The Honorable Mayor and City Commission, 8 December, 1956 Delray Beach, Florida. Gentlemen: The Planning Board/Zoning Commission has taken action on matters recently referred t~it as follows; DECF~qBER 10th, 1956 "City of Delray Beach Delray Beach, Fla. ZONING COMH. 8 Dec., 1956 The Honorable Mayor and City Comission Delray Beach, Florida. Gentlemen: The Planning Board/Zoning Commission has taken action on matters recently referred to it as follows: 1. Paul W. Ledridge.· and others~ request that the City accept" title to an easement, 333.44 ft., running south from NW llth St. in part of E ~ of NW ¼ of Lot 9, Sec. 8-46-43. The Board wishes to draw attention to a provision in the City Charter requiring a subdivision layout wherever a. parcel of land is devided into more than 1 lot. (Section II, City Charter.) It is understood that property owners involved are now offering title to 25 ft. on either side of an extension of N~ Third Avenue. The Board recommends that, upon presentation and approval of the required plat, the City accept a 50 ft. R/W as an extension of N~ Third Avenue, provided: a) that area drainage be approved by the City Engineer, b) that the City receive satisfactory assurance from the owners that 22 ft. finished paving, installed in accordance with City specifications, be completed within one year from the date of acceptance of the R~W. 2. John Banting request for a setback deviation, Lot 14, Block 1, Swinton Heights S/D. This is a corner lot in R-IAA zone, requiring normally 30 ft. setback from both streets. Mr. Banting wishes to locate his residence to front on Swinton Avenue rather than on 18th St. This is a lot of record from previous zoning, and the old zoning would have allowed such a location on the lot. The Board felt that muc~ Of the neighborhood has de- veloped under the old zoning, and that the subdivision would be served by allowing this frontage on Swinton Avenue. It is therefore recommended that the request be granted, and that the setbacks be established as: 30 ft. from Swinton Avenue. 25 ft. from 18th Street 10 ft. from interior side lines. Sincerely, iS/ Hobert F. Blak~ II, Robert F. Blake II, Chairman" Commissioner Snow moved that the Commission accept the recommendations of the Planning Board. Motion seconded by Com- missioner Barrow and unanimously carried. DECEMBER lOth, 1956 Commissioner Snow moved to accept the recommendation of the Planning Board and accordingly grant the Deviation Request of John Banting, concerning Lot 14, Block 1, Swinton Heights S/Do Hotion seconded by Commissioner Cromer and unanimously carried. Hiss Rosella Rolle, speaking in behalf of the P.T.A., in the western sector of the City, requested additional signs and, if possible, police protection at various intersections to assist children in crossing of dangerous streets and traffic hazards. Commissioner Cromer moved that this matter be referred to the Police Chief for study and solution. Motion was seconded by Commissioner Snow and unanimously carried. The Police Chief was requested to recommend a solution to the above at the next regular meeting. Mr. Harold Constant addressed the Commission and inquired if the City Attorney had submitted a report of his findings concerning opinion as to whether or not the 200 ft. of proposed beach (Lots 12 and 13 - Block A) Palm Beach Shore Acres, is within the corporate limits of Ocean Ridge. City Manager Lawson read a report of the City'Attorney's findings, concerning this matter, which has been submitted to him just before tonight's meeting, which, in part, states that Lots 12 and 13, Block A, Palm Beth Shore Acres is within the corporate limits of Ocean Ridge, but that Ocean Ridge has been enjoined from collecting ad-valorem taxes thereon, such being contained in the Summary Judgement of Judge Morrow as presented on February 1st, 1956. Mr. Constant stated that in view of Judge Horrow's summary, it was in order for this Commission to cancel out the proposed purchase of the 200 feet h~retOfore, referred to. Mr. Constant further requested to be advised the reason for appearance on the Primary Ballot of the proposed 200 feet being de- scribed as not within the corporate limits of a town, also as to whom was responsible for the wording of said reference on the Ballot Slip. He was advised that the Ballot Slip reference to this matter, and its appearance thereon, was requested by the Beach Committee, a~ointed earlier in the year by the City Commission. Hr. Constant further stated that the 100 ft, now owned by the City, not suitable for the ~urpose intended, had become over-grown with weeds and needed attention badly, and, further, should be offered for sale at once, as it's present ownership and purpose for which it was originally acquired has retarded progress in that general area. Commissioner Cromer moved that steps be taken to dispose of this 100 feet, otherwise described as Lot 14, Block "A' Palm Beach Shore Acres. Commissioner Snow oointed out that four (4) Members of the present five (5) member Commission are leaving at the end of the year and he did not believe that the incoming Commission should be bound by such a final action of this Commission. No. action was taken due to lack of motion being seconded. Mr. Edward Calloway, of the Delray Beach News, requested in- formation concerning control of the sale and use of Air Rifles, Sling Shots, etc., and was advised that such information is contain- ed in the Florida Statutes, Juvenile Section. Mr. Calloway felt that parents might be informed, thru the newspaper, as to what is allowed and where responsibility may lie. City Manager Lawson reminded the Commission that the next regular meeting is scheduled £o fall on Christmas Eve. Commissioner Snow moved that the next regular meeting date be advanced to 7:30 P. H., Friday, December 21st, 1956. Motion was seconded by Commissioner Barrow and unanimously carried. DECEHBER 10th, 1956. Commissioner Barrow moved that the hours of the City Hall Employees be so changed that the working' hours of the usual'half- day before Xmas be advanced to Saturday A. M., December 22nd, as recommended by the City Manager in order that said Employees might have Monday, December 24th, to effect a better Christmas week-end of Sunday, Monday and Tuesday. Motion was seconded by Commissioner Snow and upon Call of Roll - Mayor Yargates and Commissioners Barrow, Snow and Stromg voted in favor thereof, Commissioner Cromer being opposed as he felt some provision should be made for an employee,in each department to stagger his hours in order that the office might be open for the convenience of the vublic. Upon the recommendation of the City Manager Lawson, Commission- er Cromer moved that City Employees be granted one day's pay as a Christmas Bonus. Motion was seconded by Commissioner Strong and un- animously carried. Meeting adjourned. /S/ R. D. Worthing City Clerk APPROVED: MAYOR