03-27-61 109
MARCH 27, 1961.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in
the Chair, City Manager George Mingle, City Attorney Richard F.
Zimmerman and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B.
Sundy and John A. Thayer being present.
An opening prayer was delivered by Rev. Paul Smith.
Mayor Warren corm~ented as follows: "I would like to say our
meeting in this new City Hall is a combination of the desires and
efforts of present and many former city officials and citizens of
our City. It is a pleasure to thank the city employees for the ex-
tremely fine Job they did in moving in during this past week-end.
City Manager Mingle has spoken with great enthusiasm of the smooth-
ness and efficiency in which the city employees brought about this
quick transition and I think you will agree that they have done a
fine Job. I am convinced that the public and the city employees are
going to enjoy this fine building. You, the public, built it and I
feel confident that you will be glad that you did. It is true of
course that much fine history in De]may Beach was created in the
old building, called at times the Municipal Building. Built in
that old building, now to be called the Police Building, was a scene
of meetings and controversy which helped to effect the outstanding
g~owth which Delray Beach has experienced. In but a few months you
will also be able to enjoy this Community Center where b~oth youth and
adults will be able to enjoy pursuits both cultural and physical. On
April 30th, which is a ~unday, all of the refinements of the new City
Hall will have been completed, landscaping etc., and on that day the
formal opening of this fine facility will be accomplished. We plan
to make it a festive occasion, at which time many of the local citizens.,
former commissioners, mayors, etc., will certainly be recognized for
the efforts they put forth in accomplishing this building. Tonight
the new City Hall is in service and we thank you who are here and the
rest of the public who made this fine new building a reality."
On motion by Mr. Campbell, seconded by Mr. Sundy and unanimously
carried the minutes of March 20th and March '22nd, 1961 ~onncil meet-
ings were approved.
City Manager Mingle read the following letter from Palm Beach
County Sheriff Martin M. Kellenberger:
"I want to take this method of thanking you for the use of the
room in your police department as a Sheriffls Sub-Station· Your
past cooperation is deeply appreciated by the Sheriff's Dept.
"If we may be of assistance, please call on us."
Following a recent publication in the Sun Sentinel, alleged to
have been made by a representative of Russell & Axon, the Council
directed that said firm be contacted concerning same. City Manager
Mingle read the following reply from Russell'.& Axon:
"This is in reply to your letter of March 16, 1961, c.oncerning
the article which appeared in the March 13 issue of the Sun
Sentinel. It is rather interesting to note that reference is
made to engineering information contained in this editorial.
I am attaching hereto a copy of a letter written to the Pompano
Beach City Council which I believe may be interpreted as true
engineering information and is in direct opposition to the
article insofar as Quotations credited to having been made by
me ·
"It is interesting to note that in this article, the editor
concludes that a beach pollution condition must inevitably
result. This is directly contrary to the experience of those
fortunate cities on the P1orida east Coast now having ocean
outfalls, It is a fact that pollution of the inland water
ways does exist, both in your city and in other cities along
the lower east coast. It is also a fact that varied diffi
culties, in varying degrees, have been experienced in some
3-27-61
~IARCH 27, 1961
"of the cities using sewage treatment plants to which the
editor points to with pride. It is also a fact that no
modern sewage treatment plant, operating within the realm
of economical feasibility, will completely remove all
organic materials. Therefore, it follows that inc~'sed
population pressume may very well force the extension of
outfalls from the various plants, now in existence on the
east coast, out to sea if pollution of the inland waters is
to be prevented. In other words, for your city and every
other city on this lower east coast of Florida, it would
appear that in the end ocean outfalls are the inevitable
final answer coupled with adequate treatment before intro-
duction of sewage into the outfall. So that no misunder-
standing may be construed from this word ~adequate treatment~',
a short explanation is hereby offered. Adequate treatment
to the extent that no bacterial pollution and no aesthetic
nuisance result from the discharge of the treated sewage.
In the case ef properly designed ocean outfall systems, at
the present time, this consists of grinding, grease removal
and chlorination.
"In conclusion, again with reference to the editorial, it is
noted that the editor, Harvey A. Call, refers to the con-
struction of an ocean outfall as a calculated risk and states
that the stakes are high. In my opinion, the construction of
a sewage treatment plant alone is a much greater risk and
certainly in the long run a far more costly one.
"Since the appearance of the March 13 editorial, Mr. Call
has seen fit to further pursue the subject. I have written
two letters:concerning the editorials: one to the City of
Pompano Beach and one to Hr. Call. Copies of each are en-
closed. I would appreciate it very much if you would pass
both this letter and the attached copies on to the Council.
You are at liberty to release any or all of the contents
to the Press."
Hr. Campbell asked that these be made a part of the records as per-'
tains to sewers, also editorials from the Sun Sentinel and from the
Town News of Pompano Beach of Mamch 18th and the following letter
from the Pompano Beach Taxpayers Associations signed by Paul V.
Sunberg, Executive Secretary and dated March 21st:
"An item in the Fort Lauderdale News, dated March 6th 1961
under the by-line of Ed Eisen and entitled tCITY RAPS PIER
PLANf is of great interest to us here in Pompano Beach.
"We, in Pompano, ame considering a tsanitary sewert pro-
gram, also designed and presented to us by the firm of
Russell and Axon. To us, it appears that a very ,fast
s'elii~g ~ambakgn' is on to SELL us an 'Ocean Out-fall 'system.'
"Many of us here do NOT have the complete details and the
people are asked to vote on this in a referendum without
a ~NO, vote on Ap.~il llth---we have to vote for one of two
systems, the Activated Treatment Plant and the ~Ocean Outfall. ~
"The writer does not know whether or not you get our local
area papers, so am taking the liberty of enclosing two news
items.
"Trust the enclosed will put you on. your guard. Thank you
very much for you~ consideration."
Mayor Wsmren then read the following letter from Mr. Ward Robinson,
dated March 27, 1961 and addressed to Mayor Warren:
"It seems to me, a taxpayer and resident of Delray Beach, that
the time has come for the City Council to face up to the issues
in the matter of the sewage disposal situation, and to require
action appropriate to the. present and near-term needs, and to
the arithmetic of construction costs, operating expenses, and
financing expenses.
2 3-27-61
I~RCH 27, 1961.
"It is my understanding that the immediate need is the proper
disposition of sewage collected from some thousand or 1200
connections in the ~esent ~downtownt sewage sNstem, and that
the near-term possible nee4 might be the proper disposition
of sewage from an additional thousand or 1500 connections in
the ~downtownt general a~.ea.
"It would seem that, if the City is dealing with people of
good will, it should not be difficult to get an answer to
the a~ithmettc of any propospective costs and expenses of
any system which may be legitimately proposed, whether it be,
l). Ocean outfall with partial treatment
2). FUll treatment plant l0 miles west of town
3). Some other alternative.
"The seeming reluctance of the presently employed engineering
group to consider the alternative of a full treatment plant
to be located on any one of several City owned, appropriate
sites (either within the City limits, or Just over the limits
to the south) leads this taxpayer inevitable to the conclusion
that the presently employed group of engineers has outlived
its usefulness.
"It is therefor recommended that the City Council seek the
advise of some other group of qualified consultants (hope-
fully~ a firm entirely un~elated to any const~uction enter-
prise) which will produce a plan and estimate for a system
to meet most economically the needs as now immediately
forecast.
"The fee for such additional engineering would be small
indeed when compared with the extra financial outlay in-
herent in either of the first two noted alternatives."
M~. Thayer moved that this matter be given immediate attention and
action at the earliest opportunity, the motion being seconded by M~.
Sundy and carried unanimously.
It was reported that the committee appointed by Council for study
of possible annexations met last week and recommends that steps be
taken to provide for annexation of the following described lands:
"1. The area lying between the Intracoastal Waterway and
Andrews Avenue, bounded on the south by Delray Isle
Subdivision and on the north by the north line of
Lots 12, 31 and 30, being in Section 9-46-43.
"2. Those lands lying between State Road 5 and the
Intracoastal Waterway and bounded on the south
by the north line of Tropic Isle Subdivision and
on the north by the north line of Lots l0 and 26
in Section 21-46-43.
"3. Those lands in the southwest quarter of Section 8-46-43
lying east of Lateral ll L. W. Dr. Dist. not now within
the corporate limits of Delray Beach and less those
lands comprising Lake Ida."
Mm. Campbell moved that this committee report be received and said
committee be asked t~ contact the o~ners involved, making clear to
them the City~ desire to annex. The motion was seconded by Mr.
Avery and car~l~d unanimously.
Mm. Cam4~%ell then asked that said committee be asked to con-
tact the Army Engineers to see if there is any action that they will
partiei]~ate in whereby the spoil area, also between Andrews Avenue
and the Inland Waterway which lie~ within the property that is under
discussion in Item no. l, referred to above, can be taken over by the
City by making a swap with them or in any other way; and if a trade
could not be effected, ask them to clean it up. The motion was
seconded by Mm. Sundy and carried unanimously.
Mr. Robert Gracey, speaking in behalf of the owners of propePty
described in Item no. 1 pertaining to annexation, less the land des-
ignated as spoil area, said that none of these owners are opposed to
being annexed and wanted ~o go on record that these people are
3 2-27-61
M~RCH 27, 1961.
seriously interested in coming into the City but with three essen-
tial points that should be discussed and covered in annexing of said
property. These items being (1) Protection of Zoning, which is now
commercial; (2) Taxes, valuation being on an equitable basis per
acre, and (3) consideration regarding enforcing the lot clearing
ordinance when annexing low-lands. Mr. Gracey further asked that no
action ever be taken toward annexing this property without giving
the owners full opportunity to be heard.
Mayor Warren thanked the Annexation Committee composed of
Mr. Worthing, Mr. John Thayer and Mr. Stuart Lankton.
Concerning request of merchants on 5th and 6th Avenues regard-
ing Ordinance No. 293, Mm. Sundy moved thmt action be deferred con-
cerning said ordinance until there has been an opportunity for dis-
cussion with the merchants on 5th, 6th and Atlantic Avenues; that a
meeting be set up with the Planning Board and these merchants for
discussion of this Sign Ordinance. The motion was seconded by Mr.
Thayer. Mayor Warren asked that the City Manager set up a date for
said meeting within the next two weeks. The motion carried unani-
moms my.
City Manager Mingle informed the Council that it had been pre-
sented for their consideration, the possibility of moving the Scout
Hut, presently back of the new City Hall, to another location; that
in discussion of a few days ago with City Officials and Officials of
the Scout Group, the request was presented to the citY to consider
certain lands on N. W. 4th Street for use of this project and ap-
propriation of $?.5,000.00 for erecting a building on these proper-
ties, $10,000.00 of which amount has already been set aside by the
Council for this purpose; also that a land use be permitted for the
erection of a new scout building at this particular location. Follow-
ing discussion concerning where and when said additional $5,000.00
could or would be appropriated or derived from, Mr.. Sundy moved that
the requested location be referred to the Planning/Zoning Board for
their consideration of permissive use and if approved by them will ·
not come back to the Council for further consideration, the motion
being seconded by Mr. Campbell and carried unanimously.
Mr. Sundy then moved that the addi.tional $5,000.00 'requested
for the construction of a Scout Hut be given from the contingency
fund. Mr. Avery seconded the motion, .which second was later with-
drawn. Following discussion Mr. Sundy changed his motion as follows:
that the additional $5,000.00 requested for construction of a Scout
Hut be appropriated and that the finance department take care of
where the money is to come from. The motion was seconded by Mr.
Thayer and carried unanimously.
City Manager Mingle informed the Council that a drainage
situation had developed in Tropic Isle development area and as a
result l.~. Mellon was asked to discuss this matter with Mayor W~rren,
Director of Public Works and the City Manager. As a result of said
discussion the following letter was dictated by Mr. Mellon to the
Tropic Isle Development Company, dated March 23, 1961:
"This letter is being written at the request of the City
Council of Delray Beach to clarify a misunderstanding
dating back several years. The city has not kept abreast
of the various and several corporations that exist now, or
did exist, in the mile and a half stretch called Tropic
Isles.
"Plat # i of Tropic Isles, as we understand it, was owned
and developed in its entirety by Tropical Isle Development
Company. Several years back the city worked out a drain-
age solution for the drainage' of State Road # 5 through
an easement which ran from west to east on the southerly
border of Block B in Section 1, of which you were the
developers.
"At that time the city manager obtained the necessary
easements, pipe installations, etc., to bring the drain-
age solution to the point of. entrance in Block B. Also
at that time Mr. Gene Montgomery, who did the road work
and drainage work for your company, installed the necessary
manholes and appurtenances thereto on Spanish Trail to
3-27-61
"receive the size drainage pipe as called for by Brockway,
Weber &~ Brockway, engineers .'
"If you will examine the attached plat, which you no doubt
have a copy of, you will note that the drainage easement is
established by virtue of this filed plat. If you will further
examine the paving and drainage plat # l, which was made a
part of the filing at the time, you will note that it called
for 18" concrete pipe to be installed along that easement.
This 18" pipe, as far the plans and drawings filed, picks up
a manhole at the easterly end of Block B and from the instal-
lation of a clean-out manhole it extends again as a 21" con-
crete pipe to the manhole already placed and established and
in operation on Spanish Trail.
"As mentioned above, this last mentioned manhole was built
and designed to receive this 21" concrete pipe. Mr. McCleary
and the city manager, the mayor, council at that time, all
went along on promises because o~problems at the time were
mutual, but are now insisting that this installation be made
immediately before the rainy season, and if some action is
not taken by Tropical Isle Development Company they have
intimated that they will install the piping in accordance
with the filed plans and specifications and bill the present
property owners since no proper sale of this property could
ever have been made without a complete installation of drain-
age as called for under the original filed drainage plans,
and in additinn the city has intimated that they are now think-
ing of impounding water funds necessary to secure the cost of
this installation, or both.
"You will note a copy of this letter is going to both John
Tolar, who signed the original plat~ and Mr. Adler, who
signed the original plat, and yourself. I certainly feel
that this should not be dropped but immediately completed
as we have always had a friendly relationship with the city
and would like this relationship to continue.
"I am writing this letter with the full consent of the mayor
and council of Delray Beach, at a special meeting held
Thursday morning, March 23rd, in the city manager's office."
Mr. Campbell asked if the City had forwarded any letter, in keeping
with what is expressed in the letter Just read~ to the parties that
are at fault, and if there is any official action,believes that it
should be verified at an open meeting and notice be given to the same
extent. Mayor Warren stated that this was done to determine what
action to take, who to assess, etc.
Mr. Campbell then moved that the City Manager be instructed to
set-forth the city(s position"believing that it is in keeping with
what Mr. Mellon has set forth in the letter and authorizing the City
Manager to .take whatever action is necessary, promptly, if it isn't
volunteered by the present owner. The motion was seconded by Mr.
Avery and carried unanimously.
Concerning obtaining necessary right-of-way on N. W. 4th Street
from Swinton Avenue, Mr. Campbell stated that he had asked that this
be considered since the Lutheran Church will soon start building on
their property, and hopes that the boy scout location on N. W. 4th.
Street will be approved; and since there is a bottle-neck at the
corner of N. W. 4th Street and Swinton Avenue thinks there should be
some action to obtain additional right-of-way. Following discussion
it was moved by Mr. Campbell that Mm. Worthing be given the authority
through the City Manager to work with the owners in obtaining the
necessary right-of-way. The motion was seconded by Mr. Thayer and
carried unanimously.
Mayor Warren informed the Council that the Beautification Co-
ordination Committee, Jointly with the Chamber of Commerce, are
having weekly meetings at 10:00 A.M. at the Chamber of Commerce
Building and read the following excerpts from their March 23rd
minutes:
3/27-61
"A motion was made by Mr. Lankton, seconded by Mr. Bach, that
Mr. Merritt proceed with the unified civic club sign, using
standard thirty inch insignia signs and using landscape to
cover the metal frame work. Motion passed with one dissent-
ing vote.
"Mrs. Little reported each of the garden clubs would take a
section of the city in selecting persons to be awarded appreci-
ation certificates and that procedure was being established for
carrying out this program.
"The Seoreta~ywas instructed to extend an invitation to the
City Commissioners to attend the next Committee meeting to be
held March 30th.
"Considerable discussion was held concerning the Committee's
previous rec~endation and request that a Parks Commissioner
be appointed. A motion was made by Mr. Bach, seconded by Mr.
Lankton, that it be pointed out to the City Manager the serious
damage that could result in loss of the thousands of dollars
invested in landscaping the new city hall and the loss that
would result in donations made to the new city hall and nursery
through improper care and that the City Manager be requested to
attend the next Committee meeting to discuss this important
matter. Motion passed unanimously."
Mayor Warren informed the Council and the City Manager that they are
invited to attend a meeting of said committee this coming Thursday--=
and to be prepared.
Cit~ Clerk Worthing then gave the Equalization Board Report for
March 15, 1961. (Copy of report is attached to and made a.part of
the official copy of these minutes.) See page ll6-A.
It was moved by Mr. Avery, secnnded by Mr. Sundy and unanimously
carried that said report be accepted and ~approved.
City Manager Mingle presented bills for approval as follows:
General Fund: $10,386.95
It was moved by Mr. Campbell, seconded by Mr. Sundy and unanimously
carried that the bills be paid.
Mr. Avery stated that he had received a letter from Mr. Thomas
Burder and noticed that other councilmen had received letters from
him also; that his letter wants to bring to council attention the
lot clearing program and asked that these letters be referred to 'the
City Manager for the complaints to be investigated and carried through.
Mr. Campbell mentioned the dangerous condition of parking around
the telephone building and was informed by the City Manager that the
painting of parking spaces,.to take care of parallel parking, was done
today.
Mr. Campbell, as chairman of the Insurance Committee, reported
that the bids on employee insurance have been sent out and returned
and it now becomes necessary to evaluate the bids. He also reported
that the Insurance Committee recommends that authorization be given to
Finance Director Gessler to contact and make the necessary arrangements
with Professor William Howard of the University of Florida to evaluate
the bids that have been received, and so moved. The motion was second-
ed by Mr. Sundy and carried unanimously.
Mr. Sundy called attention to the fact that some of the alleys
had not been put in proper shape after the installation of the gas
line and an accident had resulted this week from that condition.
Sundy also inquired if there was a bond that would cover that work~
City Manager Mingle reported that he and the Director of Public Works
had investigated some of these conditions and planned to have some
repairs made.
Mr. Campbell moved that the City Manager together with the City
Attorney, and all department.heads that they feel necessary to bring
6 3-27-61
MARCH 27, 1961.
into the study, be requested and given the authority to make a check
on all commitments made by the City in relationship to Tropic PaLs
and Tropic Isles, study cf all ordinances that affect those areas;
bring up to date the City's position as to those areas and the origi-
nal developers and present developers, etc., in order that the City
may be in a position to discuss what the people of the area are
entitled to from the City and from the developers, making certain
that the people living in those areas receive the same services,
with the same p~omptness.that'people in the other areas of the City
receive. Mr. Campbell also pointed out that the~e are people who
have been living in that area for three years without city water,
one house was built in a spoil area, lots were sold in a spoil area,
there is a present request for water from a group down there and some
method must be worked out for billing of garbage as the developers
have an agreement with the City to furnish water in that area. The
motion was seconded by Mr. Aver~y and ca~ried unanimously.
The meeting~ adjourned at 9:25 P.M.
City Clerk
APPROVED:
? 3-27-61
?~ge 116-~
NARCH 18TH, 1981.
The EQUALIZATION BOARD for the City of Detray Beach, Palm
Beach County, Florida, convened on Monday, Tuesday and Wednesday,
Narch 13th, l&th and lSth, 1981, in the Council Chambers at the
City Hall in compliance with Section 88, Article XVI of the City
Charter, following local newspaper Public Notices of such Annual
Meeti. n$ to be held having been provided in accordance with Charter
prov.~.s~on contained in said Section 88.
During this scheduled a~ual meeting of the Equalizatiou
Board, ~. E~d P. Desrochers, who, with Ra~ond A. D~srochers,
o~ Lot M-9, Tropic Isle S/D, appeared before the Board seeking
tax relief through the lowering of the assessed valuation there-
of. Mr. Desrochers acknowledged to the Board that said property~
n~ely Lot N-~ of Tropic Isle S/D was valued at a much h~gher
mo~t than the assessed valuation, but in view of the retarded
velopment of the i~ediate area, requested whatever tax r~'~ ~ef
Board might consider applicable, particularly due to their plans
for extensive improvement thereon at such t~e as development of
the general area might warrant.
Following conclusion of the 'Hearing' and consideration, ~y
the Equalization Board, of the request submitte~~ by ~. Desrochers~
the Board determined that ins~ficient cause wa> established for
effectiDg any adjustment on the presen~t assessed valuation
ing to $80,970.00 of the property hereinabove identif!~d, and
quested the Tax Assessor to so advise the property o~mers.
No further requests for review of property valuation~ assess-
ments, being made during this Annual ~eeting of the Equalization
Board, said Meeting adjourned at 2:00 P.N., Wednesday, ~rch 18th~
1961.
APPROVE~ ~ ~ //~ City Clerk