06-13-60 JUNE 13th, 1960.
A regular meeting of the City Council was held in the Council
Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair, City
Manager George Mingle, City Attorney Richard F. Zimmerman and
Councilmen Col. Dugal G. Campbell, Charles Harbison, John A Thayer
and George V. Warren being present.
An opening prayer was delivered by Elder Hoyt Simms.
On motion by Mr. Harbison, seconded by Mr. Thayer and unani-
mously carried, the minutes of May 23rd, 1960 were approved.
Mrs. Ruth Maloy, formerly of 405 S. E. 4th Avenue asked the
city to pay off a $5,000.00 mortgage on a house at that address.
Mrs. Maloy said she bases her claim against the city on a letter
from City Clerk Robert D. Worthing stating that First Federal
Savings & Loan Ass'n., of West Palm Beach paid her 1956 taxes
Just prior to a tax sale in 1957, and that the letter was used
against her in court by the association to foreclose against
the house. Mr. Harbison moved that this matter be referred to
the City Attorney for detailed study. The motion was seconded
by Mr. Warren and carried unanimously.
A request from the developer of Lanikai Village for the
approval of plans for ten additional buildings was presented by
City Manager Mingle with a memorandum from Building Inspector
Hughson that the plans meet .all the City building and zoning
requirements and specifications. It was moved by Mr. Campbell,
seconded by Mr. Harbison and unanimously carried to approve the
plans submitted for ten additional buildings in Lanikai Village.
The Council on May 16th asked that the Public Works Dept.
be instructed to make a study and recommendation of the possi-
bility of opening N. E. 5th Street from 5th to 7th Avenues and
City Manager Mingle read the following memorandum from the
Director of Public Works dated June 8th.
"In ~accordance with the recent Council request', a study
has been made as to the feasibility of opening, grading
and paving the subject street.
"There is no engineering reason why this street cannot
be opened as the Council desires, and it is my belief that
it will be an advantage to have it open during the construc-
tion of the new Federal Highway.
"Attached is a drawin$ showing that portion of N. E. 5th
Street lying between 6th Avenue and 7th Avenue, which has
been m~rked to show certain portions of this area which
are presently being used for private parking purposes."
City Clerk Worthing read a letter from Mrs. Doman objecting to the
opening of that portion of N. E. 5th Street. The City Clerk also
read the following petition signed by eight property owners in
that vicinity:
"We, the undersigned, strongly protest any contemplated
opening and paving of N. E. 5th Street from 5th to 7th
AVenue s.
"We feel the temporary d~nconvenience the work of widening
Federal Highway might cause any business thereon, woUld be
more than offset by the permanent opening of another access
street from Federal Hig~hway to a nice residential area to
the east, which should be protected as much as possible.
isp of for this emergency thru
"We feel there lenty access
4th Street and 6thand 7th Streets which are on the paving
program in the near future."
JUNE 13th, 1960.
Following discussion Mr. Thayer stated that since it is customary
for the property owners abutting a s~reet tO pe~itlo~ ~o~ the
improvement of same and unless the city feels at this time that
it is to the best interest of the.city to open this street, he'tHinks
the city should wait and see whether or not the abutting property
owners make such petition. Mr. Thayer then moved to table this
matter and that the City Manager be requested to notify the
property owners abutting N. E. 5th Street from 5th to 7th Avenues
what action had been taken. The motion was seconded by Mr. Campbell
and carried unanimously.
City Manager Mingle presented bids that were received for the
opening, grading and paving of N. E. 7th Street from 5th to 8th
Avenues as follows: Sta~..~ c.omp!ete
Hardrives of Delray, Inc. $ 4,384.30 10 days 45 days
Rubin Construction Co. 4,328.50 l0 " 45 "
B. B. Boldt, Inc. 4'828.33 10 " 30 "
It is recommended by Director of Public Works that the award be
given to the low bidder. Mr. Harbison moved to sustain the
recommendation of the Director of Public Works and award the
contract to the low bidder. The motion was seconded by Mr.
Thayer and carried unanimously.
City Manager Mingle read the following memorandum from the
Director of Public Works dated June 8th.
"Bids for furnishing and placing of approximately 5000
tons of asphaltic concrete sufface course for .maimtenance
of existing streets, were received by the City of Delray
Beach, Florida, at the office of the Director of Public
Works at 4:00 P.M., EST Friday, June 3, 1960 as follows:
Per Ton Start Complete
Palm Beach Asphalt Co. ~ ~--~s 45 days
Rubin Constr. Co. 6.69 10 " 30 "
Hardrives of Delray 7.49 10 " 45 "
South Florida Asphalt 9'45 At once 30 "
"It is recommended that the contract be awarded to the
Palm Beach Asphalt Co., low bidder at $5.90 per ton."
After question by Mr. Warren and for information to the public
Director of Public Works Fleming stated that more than eight
miles of paving is included in this street maintenance program
and all of the streets that have been worked on recently, by the
city forces, by grading and adding rock will soon receive the
final surface course and some of thestreets to be resurfaced at
this time are N. E. 4th Street from Swinton Avenue to the Railroad;
N. E. llth Street between N. E. 2nd and Swinton Argues also a
portion of N. W. 4th Avenue and a portion of N. W. 18th Street.
Mr. Campbell then moved to award the contract for asphaltic surface
to the low bidder, motion being seconded by Mr. Warren and carried
unanimously.
City Manager Mingle read the following memorandum from the
Director of Public Works regarding sewer- cleaning machAnes:
'~ubJect: Recorm~ended purchase of sewer cleaning machines.
"As you know, the City Council, acting on the recommendation
of Russell & Axon, Engineers, has expressed a desire to re-
pair and put in operation tb~ city,s existing sewerage
disposal facilities.
"Estimates are being obtained on the purchase cost of the
new machinery required, as well as separate estimates for
its installation. This cost, as well as the cost of a
sludge truck and plant operator, will be included in the
recommended budget for t~he next fiscal year.
2
JUNE 13th, 1960.
"Another necessary feature of rehabilitating the present
system is the cleaning and repairing of the existing
sewer lines. It is difficult to get an accurate estimate
on the cost of this work until the actual cleaning operation
has been underway for a period of time. Rough estimates
indicate that a complete cleaning program for the city's
eight miles of sanitary sewer would cost somewhere between
$18,000 and $33,000.
"It is my belief, however, that this sewer cleaning Job can
be done much more economically by city forces. In fact, by
scheduling this work to fill in the time between major street
repair jobs, it can be performed without any additional labor.
"Since our sidewalk repair program for this fiscal year is
almost completed, this work could be started immediately,
provided the Council is willing to allocate from the con-
tingency fund an additional $2700 for the purchase of two
Stewart Engine-Driven Pipe Cleaning Machines and pertinent
equipment.
"There is, in the present budget, an unexpended amount of
$1000 for the purchase of a small power roddi~g machine.
The total cost of the necessary equipment is $3700, leaving
$2700 to be allocated from the contingency fund."
The City Manager reported that he and Mark Fleming, the Director
of Public Works,have seen the recommended equipment in operation
in Lake Worth. The0~are well pleased with its three years of oper-
ation for them. '~r. Warren moved that $2,700.00 be appropriated
from the contingency fund for the purchase of the two pipe clean-
ingmachines and pertinent equipment. The motion was seconded by
Mr. Campbell and carried unanimously.
0nApril 25th the Council authorized the purchase for $12,000~00
of S-647 .as a yacht basin from the Florida Inland Navigation District
if it was available to them for purchase. The six property o~.ers
adjoining this yacht basin who had been offered the purchase of
from the F. I. N. D. for $12,000,00 are agreeable to the sale of
said area to the City of Delray Beach subject to the assuranco'by
the City and being incorporated in the deed from the F. I. N. D.
that the area will never be filled, sold or leased to private
interests or put to any use other than a yacht basin. Mr. Campbell
moved that the City continue their efforts to purchase said yacht
basin subject to the restrictions that the abutting property owners
have requested, that it be held for public use and that it be con-
tinued as a yacht basin. The motion was seconded by Mr. Thayer and
carried unanimously.
Mr. Warren, in a report on the housing survey that has been
made in the west sector of Delray Beach in an effort to obtain
financing from the federal Housing and Home Finance Agency, stated
that letters are being written to the regional offices of the
H.H.F.A. which will complete the work that the City had under-
taken in making this H.H.F.A. money available for loans in Delray
Beach.
A request from Charles F. Mckirahan and Associate, Architect~
for Mayfair Manor Hotel was presented for relocation of the bullet, ad
line which would cut off a 75 foot corner of the yacht basin to pro-
vide a location for a swimming pool. City Clerk Worthing remindsd
the council that the requested strip lies within the yacht basin
area that was deeded to the City in 1952 by John B. Reid and a
covenant of the deed was that the deed be accepted with the con-
dition that said property shz!l be held as such by the City of
Delray Beach for its perpetual use, enjoyment and convenience of
the public as a waterway and yacht basin. Mr. Thayer then moved
that the request for relocation of the bulkhead line be denied.
The motion was seconded by Mr. Campbell and carried unanimously.
City Manager Mingle presented a request from the Delray Beach
Club of Zonta International to erect two Zonta emblems, one at the
North end and one at the Sout~ end of to~m in the general area
occupied by the signs of the other service clubs. Mr. Harbison
3
158
JUNE 13th, 1960.
moved to grant the request for placing of the two Zonta emblems,
motion being seconded by Mr. Campbell and carried unanimously~
City Clerk Worthing presented a request from Henry J. Mellon,
President of Mellon Land Corporation, dated May 25th as follows:
"Re: TrOpic PalmSo. SUbdivision.
"TrOpic Palms~has received from tbs City of'$elray. Beach~
certain real estate tax advantages regarding itsownership
of lots in Sections 1, 2, 3 and 4. The city taxes on these
lots have been pegged for tax purposes at $10.00 each for 10
years. We have no such arrangement with the County however.
I have had several discussions with Robert Worthing, City
Clerk, and have concluded that where the ground has not been
improved as to roads, water and drainage, city taxes, at the
present time, do not exceed this figure. When we improve
these lots as to streets and water, we still enjoy this tax
of $10.00 until the lot is sold and deeded to another party.
This sale then voids this tax arrangement. We feel that there
is some tax saving after the lot is fully improved and is still
unsold in our inventory.
"Our house and lot sales have been extremely poor this past
year as has been the case in most areas. I have an oppor-
tunity at this time to sell a large group of lots, approxir
mately 400 or more, to one party who has requested that he
continue to receive this same tax arrangement with the City
of Delray Beach since he would actually be in our place.
He has suggested the vacating of the areas and having it
return to acreage for a year or so until house sales pick
However, with the amount of work and effort put in by myself,
the City Council and Colonel Fabens of the Planning Board, I
have suggested that we first get the city.s feeling about
permitting the sale of these lots in bulk, and transferring
this tax arrangement from Tropic Palms to the purchaser for
the unexpired period remaining.
"We have, in escrow, the necessary funds to complete the
water, streets, drainage, etc. entirely in the 1st Section
of Tropic Palms. We also have the necessary funds to com-
plete the roads, water and streets in at least half of the
2nd Section of Tropic Palms. In addition, if we complete
the bulk sale of lots as mentioned above, we would place
enough funds in escrow and secure a bond from Hardrives of
Delray, Inc. to complete Lindell Boulevard in its entirety,
both as to streets and water main. This would be a great
help to Tropic Palms as it would permit a flow of traffic
directly from the Federal Highway entrance of the subdivision
to Germantown Road. It would also give us a northern feeder
line of water to our subdivision as provided for in the plans
and specifications adopted between the city and Dr. Eidsness.
We feel that the opening of this artery might improve our
sales program and would certainly be a relief to the City of
Delray Beach for traffic that has been of great concern whe?e
it enters and exists at 10th Street and the Federal Highway.
"I would appreciate an answer from the city just as soon as
possible so as to continue negotiations with the purchaser.
I believe a letter from the City Clerk permitting the con-
tinuance of this agreement would suffice for my purchaser.s
attorney."
Mr. Worthing informed the Council that since this letter wa~ written
the potential purchaser of tbl. s group of lots had increased the
number that he is interested ~4n to over five hundred lots, subject
to the tax arrangement being continued by the City. The tax arrange-
ment referred to is contained in the annexation ordinance which pro-
vides a taxation of $10.00 per lot per year for a period of ten years
from date of annexation or u~til sold, transferred or improved upon.
It is recommended by the City Manager a~od the Tax Assessor that this
tax arrangement be extended, ~n view of the volume of lots purchased,
for the remainder of the ten ~i~ear period of time, subject to an in~
strument to cover such arrangement being prepared by the City Attorney.
JUNE 13th, 1960.
}~. Thayer moved that the'recommendation of the City ~nager and
Tax Assessor regarding extending said tax arrangement be approved,
u~otion being seconded by Mr. Warren ~nd carried unanimously.
City Clerk Worthing then presented the following request from
Elza P. Oliver, Realtor, dated June 1, 1960.
"I represent the owners of a tract of industrial property
lying east of Tropic Palms and west of the East Coast Rail-
road tracks. Lots 7, 8 and 9 lying west of the Florida East
Coast Railroad, Sections 29, ~6 and [~3, Palm Beach Coz~nty.
We are platting on developing this into a small industrial
park. The question now arises whether or not the city
council would look with favor toward supplying water to
this area.
"We have a firm interested in bringing an industrial plant
here with a personnel of 600. These people will need homes
and I am sure this alone will be a great boost to the local
economy.
"Since the City is supplying water on four sides of this
property it might not be a strain on the present facilities."
Mr. Harbison, in view of the present water extension policy in effect
at this time and not knowing Just how close the existing water line
comes to this property, moved that this item be tabled for study s~nd
recommendation by the City Manager, also that the Council be
of what type of plant is proposed. The motion was seconded by Mr;
Campbell and carried unanimously.
A delegation of resident property owners from Tropic Palms S/D.
informed the Council that they did not have city water supplied to
them at this time and some of their homes had been completed for at
least a year. There followed general discussion and explanation by
Henry J. Mellon the developer of Tropic Palms S/D. regarding the in-
stallation and cost of the water lines in that S/D.
Mr. Campbell asked at this time that his vote on the extension
of the tax agr.eement on the Tropic Palms lots that had been appro'..'ed
tonight be changed from yes to no.
There being no objection to Resolution No. 1253 passed on May
23rd, 1960 and setting this date to hear objections, if any, to said
proposed drainage in Section "P", City Clerk Worthing read
RESOLUTION NO. 1255.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PROCEED WITH THE CONSTRUCTION OF STORM
DRAINS IN SECTION "P" AS SHOWN ON STORM DRAINAGE
SYSTEM SURVEY FILE T. F. 1868-P, TOGETHER WITH
INSTALLATION OF CATCH BASINS, MAN-HOLES AND ALL
NECESSARY APPURTENANCES IN CONJUNCTION WITH SUCH
STORM DRAINS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 23rd day of May, 1960, by Resolution No. 1253, determine
to proceed with the construction of storm drains together with in-
stallation of catch basins, man-holes and all necessary appurtenances
in conjunction with such sY~rm drains in Section "P" as shown on
'Storm Drainage System Survey File T.F. 1868-P, and
WHEREAS, the Resolution providing therefor has been duly pub-
lished as require~ by the Cit'~ Charter, together with a notice that
objections to said improvement would be heard, and,
WHEREAS, no sufficient objections have been made to such pro-
posed improvement,
JUNE 13th, 1960.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that the City Manager be and he is here-
by instructed to proceed with the construction of storm drair~s in
Section "P" as shown on Storm Drainage System Survey File T. F.
1868-P, together with installation of catch basins, man-holes and
all necessary appurtenances in conjunction with such storm drains~
according to the plans and specifications heretofore filed with the
City Clerk, and a copy thereof filed in the office of the City
Manager and kept open for inspection of the public.
PASSED in Regular Session on this the 13th day of June, 1960.
lenn B.
~ I I ~ J iii I ~ · ,.,,il
~ayor
Mr. Thayer moved for adoption of Resolution No. 1255, motion being
seconded by Mr. Warren and carried unanimously.
City Clerk Worthing then read RE~0LUTION NO. 1256.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, GRANTING THE CITY
MANAGER THE POWER AND AUTHORITY TO USE THE
SERVICES OF THE cITY ATTORNEY TO PROSECUTE
CASES BEFORE THE MUNICIPAL COURT OF THE CITY ~
OF DELRAY BEACH, FLORIDA, IN ALL INSTANCES
WHERE THE CITY MANAGER MAY DEEM PROPER.
WHEREAS, the City Council of the City of Delray Beach recognizes
that there is a need for prosecution of certain cases appearing be~
fore the Municipal Court of Delray Beach by the City Attorney, es-
pecially in those cases where attorneys are present to represent the
accused, and that the appearance of the City Attorney would help take
the burden of court procedure off the Municipal Judge, and the Police
Officers, all of whom have been performing their duties in a most
co~etent manner, and
WHEREAS, the City Council of the City of Delray Beach deem it
wise and beneficial that the City Manager be empowered to request
the City Attorney to act asa Prosecuting Attorney without the
necessity of obtaining permission from the City Council in each
ins tanc e,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1. That in accordance with section 59, article 8 of
the Charter of the City of Delray Beach, Florida, the City Council
by this resolution authorizes~ and empowers the City Manager, in his
disc,.etlon, to request the City Attorney to appear as Prosecuting -
Attorney for the City in all cases deemed necessary an~ proper by
the City Manager.
SECTION 2. This Resolution shall become effective upon
adoption.
PASSED AND ADOPTED in Regular Session this June 13~ 1960.
MAY~R
Mr. Campbell moved for adoption of Resolution NCo 1256, z,~otion b~_ng
seconded by Mr. Thayer and c~ried unanimously.
The city entered into a ~,'~ter agreement on June 1, 1959 with
the South Coast Development Corp., and Tropic PaL~s, Inc., perte~!nirg
to plats two and three of Tropic Palms S/D ~and it has now been re-
quested by the developers of Tropic Pal~ S/D th~.t plats one and four
be added to that agreement. The City A'btorne~y prepared and presented
an addendum to this Agreement covering plats cne and four of Tropic
Palms S/D. T~:~ City Man~ger ~ported th~ a ~udy and review had
been made of this z~atter by ~.~. s office along ~.~ith ~he City Attorney,
City Clerk and Director of Public 6Works and that this addendu~ to
JUNE 13th, 1960.
the agreement was considered the correct approach to correct the
$i~uaticn.
The delegation of Tropic Palms residents questioned the water
rases charged in Tropic Palms S/D, the cost of water meter instal-
lation being higher than when installed in other parts of Delray
Beach by the city, also police protection and any other services
that are given by the city to the lands within it. City Manager
Mingle stated that there had been a conference today on some of
.... the items mentioned and hopes that within a few days that recommen-
dations can be made to the Council for a solution to the problem.
Mr, Harbison moved that the matter be tabled temporarily for study
of the whole matter and be brought up at the next meeting, either
regular or special. The motion was seconded by Mr. Thayer and
carried unanimously.
·Mr. Roy H. Snider of 26~ L%ndell Blvd., being one of the
delegation from Tropic Palms S/D, requested that he be notified
of the time of the meeting when this matter would be considered.
Regarding the purchase of heating and air conditioning system
for the Central Fire Station, Mr. Campbell moved to table this
matter until the second meeting in July and the Councilmen spend '-
some time at the fire station on the hot days in order to be in
a position to make a decision on this. The motion was seconded
by Mr. Thayer and carried unanimously.
City Manager Mingle presented bills for approval in the amounts
of:
General Fund $ 102,578.70
Water Fund - Operating Fund ~45,943.06
Water Revenue Certificates - Series 1957 60,354.00
Special Assessment Fund 416.90
Refundable Deposits Fund 1,739.62
Improvement Fund 925.00
Mr. Harblson moved that the bills be approved, the motion being
seconded by Mr. Campbell and unanimously carried.
City Manager Mingle presented a bill from City Attorney
Zimmerman in the amount of $85.00 for services covering research,
etc., in establishing authority of municipal police to make arrests
outside municipal limits. It was moved by Mr.' Thayer, seconded by
Mr. Harbison and ~arried unanimously that the $85.00 bill of Attor~e¥
Zimmerman be paid.
At the request of Mr. Harbison, Mayor Sundy appointed Mr. Thayer,
City Manager Mingl~ and Mr. Clifford Baxter of the Post Office as
additional members of the house numbering committee, chairman of the
committee to be selected by the members.
Mr. Warren stated that he had been contacted by members of the
local water ski Organization about an Inter-State Ski Meet to be
held at Lake Ida over the 4th of July week-end and they requested
permission to advertise this event by placing a banner across
Federal Highway at. N. E. 8th Street. Mr. Warren then moved that
the City Council give approval for placing a banner across Federal
Highway for a week or ten days prior to the event and that the City
pay for the banner, maximum cost to be $75.00. The. motion was
seconded by Mr. Thayer' and carried unanimously.
City Clerk Worthing read a communication from Daniel R. Neff
a local resident of Delray Beach and Col. of the Corps of Engineers
highly commending Leonard Hottinger in his capacity as a life guard
at the beach.
City Manage~ Mingle read the following request addressed to
Mark Fleming, Director of Public Works.
'It is the desire o~ the undersigned to join with the City o~
Delray Beach in supplyin~ city water to the Below described
property.
°~e request permission to install an eight inch water main
~rom the present termina~ion point o~ the existin~ main on
West Atlantic Avenue to t~e. intersection o~. Homewood Boulevard
?
JUNE 13th, 1960.
and West Atlantic Avenue thence south along the east ri~t of
way of Homewood Boulevard to the intersection of Highlands and
Homewood Boulevard. The total distance as described is approx-
imately 5§00 lineal feet. It is estimated that the cost of ±his
installation will be approximately $16,000.00 exclusive of fire
hydrants.
"Since this water main extension will in the future directly
assist the City in supplying water to areas further west on
Atlantic Avenue and south to SW 10thStreet, we request the
City to share fifty per cent in the cost of this installation
and als? to pay the cost of the installation of fire hydrants
as requmred. (all inter-subdivision water mainswill be
totally paid for by owner.)
'~e would appreciate your submission of this request along
with your recommendations to the Commission at the earliest
possible date.
"As owner of Blocks 26 & 27 Homewood subdivision which has
been abandoned.
!s! w. ,?., Snyde ....
"As owner of lands south of Atlantic Avenue and east of
Homewood Boulevard.
Is/, ,~arre~,, ~, Grimes "
Following discussion, Mr. Campbell moved that this matter be tabled
to ~et a complete report from the Director of Public Works on same.
The motion was seconded by Mr. Harbison and carried unanimously.
Mr. Campbell asked that through the City ~nagers office a
study be made as to the possibility of the City sharing in Blue
Cross and Blue Shield insurance benefits to the employees, also
a study he made o~ the possibility of a life insurance plan and
a retirement fund.
The meeting was adjourned at 10:05 P.M., on motion by Mr.
Thayer and seconded by Mr, Harbison.
City Clerk
APPROVED:
MAYOR
8
ADDENDUM TO JUNE 13th, 1960 COUNCIL MINUTES.
City Manager Mingle presented the following memorandum
from the Director of Public Works dated June 8th, 1960.
"Bids for the construction of drainage facilities in the
vicinity of Vista DelMar, referred to as Section "P" were
received by the City of Delray Beach in the office of the
Director of Public Works at 10:00 AM, Wednesday, June 8th
and are as follows:
Start Complet.e
Dargel Construction Co., Inc. $14,616.50 5 days 9~0 days
R. H. Wright, Inc. 17,880.00 l0 " 40 "
Elton Harvel, Contractor 26,277.00 l0 " 60 "
"Mr. Elton Harvel,s bid is disqualified as no bid bond was
provided, as required by the specifications.
"It is recommended that the contract be awarded to Dargel
Construction Co., Inc., the low bidder at $14,616.50."
It was moved by Mr. Harbison to sustain the recommendation
of the Director of Public Works and award the contract to Dargel
Construction Co., Inc. The motion was seconded by Mr. Warren
and carried unanimously.
/
City Clerk ~:=.~.~_,/