02-15-60 FEBRUARY 15th, 1960
A regular meeting of the City Council was held in the Council
Chambers at 8:00 P.M., with Mayor Glenn B. Sund~ in the Chair,
Acting City Manager R. D. Worthing, City Att'y. Richard F.
Zimmerman, and Councilmen Col, Dugal G. Campbell, Charles H.
Harbison, John A. Thayer, and George V. ~rren being present.
An opening prayer was delivered by Dr. Frank Jaggers.
On motion of Mr. Campbell and seconded by Mr. Thayer the
Council unanimously approved ~he Minutes of the February 8, 1960,
Council Meeting.
Mr. Worthing then submitted the following names of persons
who had agreed to serve on the Inter-Racial Committee:
R. J. Holland Leroy Baine
Charles Rooney Rev. N. A, Jenkins
Catherine Strong C. Spencer Pompey
John Van Sweden Lee L. Youngblood
Margaret Walsmith ~ 0zie F. Youngblood
Mr. Harbison moved that the Inter-Racial Committee b~appointed as
read. Motion was seconded by Mr. Warren and carried unanimously.
Mr. Worthing submitted a letter from the Building Inspector
that had been requested regarding an easement on Dr. deSilva's
property, Lots 167 & 168, Tropic Isle, and requested authorization
for the execution of a change of easement, location, Mr. Campbell
moved that the City Manager be authorized to execute the necessary
papers, the motions being seconded by Mr. Harbison, and unanimously
carried.
Mr. ~orthing informed the Council that Mrs. Eliza Reynolds,
her Attorney, John H. Adams, ,Mr. James T. Prillaman, and Assistant
Fire Chief J, J. Quinn were present to discuss Mrs. Reynolds'
request for consideration of the charge of $150 assessed for lot
clearing. Mr. Adams asked that some relief be given Mrs. Reynolds
in this assessment since she had already had some clearing work
done before Mr. Prillaman began work under contract with the City.
Mr. Prillaman said that the work done was of no aid to him in
fulfilling his contract for clearing. After further discussion
Mr. Campbell moved that the lien that the City holds be decreased
by Fifty Dollars. Motion was seconded by Mr. Thayer , and upon
call of the roll Mr. Campbell~ Mm. Thayer, and Mr. Warren voted
for the motion, Mr. Harbison~nd Mayor Sundy voting against.
Mr. PauLKmowles, Chairman of thePla~_uing Board, presented
a preliminary plat for the proposed right-of-way for Atlantic
Avenue west of the Seaboard Airline .Railway. Mr. Knowles stated
that he had talked over the recommendations with the County
Engineer, and planned to take them to the State Road Department
Office in Ft. Lauderdaleo Mr. Campbell moved that the necessary
authority be granted Mr. Knowles. Motion was seconded byMr.
Thayer and unanimously approved.
Mr. Worthing then submitted the following Bids received for the
improvement of N.W. 8th Avenue from Atlantic Avenue to 2nd Street
and N.W. 14th Avenue from 2nd to 3rd Streets:
Hardrives of Deltay, Inc. $ 10,445.38
Montgoniery-Barnett Const. Co. 11,127.60
Palm Beach Asphalt Corp. 12,281.50
Mr. Harbison moved that the low bid be accepted as recommended. The
motion was seconded by Mr. Thayer and carried unanimously,
FEBRUARY ~ ~
~th, 1960.
Mr, Wo.~thi~n$ presented a_ request by l/v. William F. Koch, Jr. ,'on
behalf of h~s client, M~. Butler, that the Council's action of Feb.
8th requiring an agreement for right-of-w.ay .acquisition if necessary,
be r.e-considered, and asking that the deviation request be Sranted as
submitted. On motion of Mra,..Campbell, seconded by Mr. Harb~son, th.at
the request ma.de by the Council on Februamy 8th, 1960, regarding tMs
matter be re.sc~nded and that the reques, t for deviation.be granted as
per the original request made, the motion carried unanimously.
Regarding the requested_abandonment of an existing easement on
the east six feet of Lot l, Seabreeze Park, Nr. Worthing reported
that he had discussed the matter with Russell & Axon, consulting en-
gineers for the sewerage study, and with Mm. Fleming, Director of Pub-
ic Works, both of whom would like tiTM to study the matter further.
M~. Campbell moved that the matter be tabled until such time as the
interested parties submit a report to the Council. Motion was second-
ed by Mm. Warren and carried unanimously.
The following Petition of property owners for improvement of the
East-West alley in Block 78 was read by Mm. Worthing:
"As it is customary for the City to pave the alleys
a.djacent to Atl.antic Ave., and since there is con-
s~derable traffic through the alleyway in B.lock 78,
between 1st Ave and 2.nd Ave., and it being xn a bad
state of repair, and ~n order to make better use of
the p.roperty along the alley, we the undersigned ask
the ~ty to pave said alley."
Respectfully
R. H. Craige
T. L. Jackson
C. W. Pierce
W. C. Musgrave
Mr. Warren moved that the alley be paved, per city specifications,
.and the motio.n was se?o.nded.by Mm. Thayer.. After discussion regard-
~ng al.ley pawng specxf~.cat~ons and condit~on.s of alleys adjacent to
Atlantxc Avenue, the motion and second were w~thdrawn by the makers.
Mr. Campbell then moved that the matter be tabled for one week, Mo-
tion seconded by Mr. Harbison and unanimously agreed.
Mr. Worthing then read caption of - ORDINANCE NO. G-SAS:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA TO ESTABLISH AN ULTIMATE RIGHT-OF-WAY
ON THAT PORTION OF N. E. FOURTH STREET LYING BETWEEN
SWINTON AVENUE AND N. E. SIXTH AVENUE, OTHERWISE
KNOWN AS FEDERAL HIGHWAY.
Mm. Campbell moved to place Ordinance No, G-S4S on first reading.
The motion was seconded by Mr. Harbison and unanimously passed.
Mr. Worthing then read Ordinance No. G-~42 in its entirety,
which is
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 29-11
OF THE CODE OF ORDINANCES OF DEIRAY BEACH BY
CREATING AND PROVIDING FOR BOARD OF ADJUSTMENT;
PROVIDING MANNER OF APPOINTMENT OF .MEMBERS; AND
REPEALING SECTION 29-12 OF SAID CODE, CHARTER
AND ALL ORDINANCES IN CONFLICT HERE~UTH; AND
PROVIDING AN EFFECTIVE DATE.
FEBRUARY l%th, 19~_:0.
There being no objections to Ordinance G-342, on motion of 1~.
Warren to approve and adopt the Ordinance on the second and
final reading, the motion was seconded by Mr. Thayer and carried
unanimously. ((~eeC°PYpages°f ~2d,~_ NaOn.d G-S4252_B) attached to these minutes)
Mr. V~orthing then read Resolution No. 1221:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELKAY BEACH, ~'LO~IDA, REQUI~ING PLANS,
SPECIFICATIONS AND ESTIMATE OF COST TO CON-
STRUCT A SIDE~!ALK ON T~T PORTION OF THE SOUTH
SIDE OF NORTHEAST EIGHTH STREET LYING BET~VEEN
NORTHEAST SEVENTH AVENUE A ND PAL~ TRAIL; AND-
ON THE EAST SIDE 0~' NORTHEAST EIGHTH AVENUE
FROM NORTHEAST EIGHTH STREET SOUT~/ARD A DIS-
TANCE OF 877,0~ F~ET.
(A copy of Resolution No. 1221 is attached to and
made a part of the official copy of these minutes.)
(See Page 52-C)
The Council, on motion of Mr. Thayer, seconded by Mm. Campbell,
unanimously approved adoption of Resolution No. 1221.
Mr. Campbell moved that the City Manager be given the authority
to meet with and act with the interested parties, property owners,
especially the..Catholic Church, to negotiate for the seven feet
that the County requested of the property owners, to the point that
he is authorized to go to the extent of offering them the building
of the sidewalk on N. E. 8th Street without cost to the Church,
but on 8th Avenue they would have to pay their proportionate share.
The motion was seconded by Mr. Harbison and unanimously approved.
Mr. VYorthing then read Resolution No. 1222:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF A SIDEWALK, FIVE (5) FEET IN VffDTH, ON THE
SOUTH SIDE OF NORTHEAST EIGHTH STREET LYING BE-
TWEEN NORTHEAST SEVENTH AVENUE AND PAL~ TP~IL;
AND ON THE EAST SIDE OF NORTHEAST EIGHTH AVENUE
FROM NORTHEAST EIGHTH STREET SOUTHWARD A DIS-
TANCE OF S77.04 FEET.
Mr. Harbison moved that Resolution No. 1222 be tabled until nego-
tiations for an additional 7' R/W are completed. The motion was
seconded by Mr, Thayer and unanimously carried.
Mr, Harbison reported that he had visited the Ice Plant area
and stated he felt that at the present time there is no proper or
permanent solution to that problem due to Northeast Second Street
being planned for use for sewer installation tied in with the
U.S. Highway ~1 improvements. After considerable discussion re-
garding salt deposits supposedly being in the alley and the rec-
ommendations of the Director of Public Works regarding street and
alley improvements in the area, Mr. Thayer moved the subject of
improvement of the area surrounding the Ice Plant be tabled. The
motion was seconded by Mr. Harbison, and on call of the roll
Harbison, Mr. Thayer and Mayor Sundy voted for the motion, Mr.
Campbell and Mr. Warren voting against.
Mr. V~rorthing presented bills in the following amounts for
consideration by the Council:
General Fund $ 11,814.20
Water Fund - Operating Fund ,349.8,,5
$ 12,164.05
Mr. Harbison moved that the bills be approved for payment. The
motion was seconded by Mr, Thayer and unanimously carried.
FEBRUARY l~th, 1960.
N~. Thayer bro~$ht up the subject of parking an~ no loitering
signs on West Atlantic Avenue,.and states that the City Nanager
was instructed to order the Chief of Police to place "No
Loitering" signs in the area of Fifth Avenue and West Atlantic.
The City Attorney advised that'there is no Ordinance which pro-
hibits loitering. N~. Thayer moved that the above stated order
be rescinded. Notion was seconded ~y Nr. HarbisOn, and upon call
of the roll, Nr. Campbell, Nrc Harb~son, and Nayor Sundy voting
for the motion, N~, Warren voting against.
Mr. Arthu~ Michael asked for some traffic control on No E. Bnd
Avenue to control speeding, and asked the Council observe other
conditions in the City that need rectifying.
Regarding the petition of Nr, Joe Rose, Jr., for water service
Nr, Worthing asked if it would not be well to authorize execution of
an irrevokable petition and consent by the owner for annexation of
such land, if and when it becomes contiguous to the City Limits.
After discussion, Nr. Campbell moved that Nr. Rose's request for
water service be granted on the basis that water has been extended
in the past, before Resolution No. lB00 was adopted and later
rescinded, alsothat this be treated~as an emergency, or an excep-
tion. ~otion was seconded by N~. Thayer and upon call of the roll
Nr..Campbell, N~. Thayer, Nr. Warren, and~yor Sundy voted for the
motion, N~. Harbison voting against.
Mr. Worthing then presented a request fromm. Roy Calamia
for the re-zoning of Sherwood Park subdivision from R-1AAA to·
R-1AA. Mr. Warren moved that the request be referred to the
Planning Board. The motion was seconded by Mr. Thayer and unani-
mously carried.
Mr. Worthing informed the Council that he had received bids
today on five pieces of automotive equipment that had been offered
for public sale as prescribed by the Charter, as follows:
CUshman Scooter $ $8.00
1984 Chevrolet Sedan 85.00
1988 Chevrolet Sedan 88.00
1958 Ford Sedan 88,00
1~$8 Ford Sedan 88.00
He also informed the Council they can accept or deny these bids,
and that the equipment is not useable by any Department of the
City government. Mr. Campbell moved that the matter be tabled
for at least one week. Mr. Warren seconded the motion which
carried unanimously.
Nr. Worthing then presented a request from the Southeastern
Palm Beach County Hospital District that directional signs for
directing traffic to Bethesda Hospital, and that signs be installed
on 8th Avenue at N. E. 8th Street; on N. E. Bnd Avenue at 8th
Street. The Board of Commissioners of the Hospital District stated
they would reimburse the City for the cost of making and hanging
the requested ~igns. Mr. Thayer moved that this request be granted
and that the C~ty bear the expense of preparation and installation.
Nr. Campbell seconded the motion which was unanimously carried.
Mr. Worthing announced that the Florida League of NunicIpal-
ities will hold a special meeting at Orlando on March BS, 1580, and
all Councilmen and City Official of member cities are invited to
attend.
City Attorney Z~mmerman presented the following report:
l~tJ.%, 1960.
"Re: Gas Stations and Assessments for Sewers
1. It would be unconstitutional for the City to prohibit
the erection of a gas station on a commercially-zoned
piece of property or to regulate the spacing o.f said sta-
tions, and would undoubtedly involve the City in a lawsuit
with a large oil company.
2. Owners of property in the area of the sewerage system
in question may be assessed if it can be shown that
they are especially benefitted. This is a legal truism,
firmly established."
Concerning a request by property owners in Rio Del Rey Shores
for street light installations at the corners of 8th St., ?th St.,
8th St., and lOth.St, along S. E. 8th Avenue was referred to the
Director of Public ~¥orks and the Florida Power and Light Company
on motion of N~. Campbell, seconded by N~. Harbison, and unanimously
carried.
Nr. Worthing read a letter from N~. John K. Glessner compli-
menting the work of the trash collections crews at the present time.
Nr. Warren inquired about the possibility of paving N.E. 3rd
Avenue from 2nd to 4th Streets, and when it is in line for paving.
He also stated that 2S-mile per hour speed signs and "No Truck"
signs should be placed on N. E. 7th Avenue. I@. Warren also asked
for information from the Department of Public Works as to why there
need be a gulley at N. E. Srd Street and ?th Avenue. N~. Worthing
said he will look into the matters.
After discussion by the Councilmen, ~r. Campbell moved that
the Director of Public Works be instructed to have the stones
and lawn on City R/W on the Northwest corner of N, E. 1st Street
and 1st Avenue removed and that the area be paved for parking.
Nr~ Warren seconded the motion, which carried unanimously.
The Council adjourned at 10:00 p.m, on motion by Nr. Thayer,
seconded by ~r. Harbison, and unanimously carried.
ROBERT D. WORTHING
CitY Clerk
APPROVED:
52-A