01-26-59SpMtg 11
JANUARY 26TH, 1959.
A Regular°Meeting of the City Council was held in the Council°
Chambers at ?.80 P.M., with Mayor George Talbot Jr., in the Chai~,~
City Manager W. E. Lawson Jr., City Attorn.ey Harry T. Newett and Com-
missioners J. LeRoy Croft, Charles H. Harblson, Fred McNeece and
George V. Warren, being present.
An opening prayer was delivered by City Manager W. E. Lawson.
The Council unanimously approved the Minutes of the Regular Meet-
ing held on January 12th, by general consent.
Mayor Talbot, by general consent of the Council, reappointed the
various Board and Committee Members serving as of the close of 1958,
with the exception of revised membership on the Barber's Board of Ex-
aminers as recommended by the Barbers of the City of Delray Beach at
a recent meeting and contained in the Board's letter dated Decembe~
28 th, ' 1958:
BARBER'S BOARD OF EXAMINERS FINANCIAL ADVISORY BOARD
N. G. Dean Chairman
A. W. Johnston
Ira C. Holloman Charles A. Crane Chairman
w. c..~,.rSGHAVE C. Weldon Evaul
Rhea ~.~Pnit ley
Nathan S. Sharp
BEACH COmmITTEE HEALTH DOCTOR
R. J. Holland Chairman Dr. M. E. Buerk
Catherine E. Strong
George McKay
Jos. A. Baldwin, Jr.
CIVIL SERVICE BOARD PALM BE&CH COUNTY RESOURCES DEV. BD.
J. Co Keen Chaix~nan Calvin W. Garner
John H. Breze Robert Totterdale
King Cone Ben H. Adams
James Grantham Edwin H. Ewing
Marie W. Williams
EL. EOTR!.C..AL ~ING BOAR~D pL~. ,NN!NG /_ ~,NING:BOARD
C. W. Rickerd Elec. Ins~ec. Paul S. Knowles Chairman
C. W. Trieste " Engineer Col. Andrew L. Fabens
Wm. g. Gearhart Fla.Power-Light James I. Sinks
Matt Gracey II Elector Kenneth Jacobson
John R. Gregory Elector L. Stuart Lankton
Richard Hanna Elector Robert Totterdale Sr
Richard Hanna
FINANCE COM[(ITTEE PLUMBING BOARD
Commissioner C. H. Harbison William Totterdale Inspec~
Commissioner Fred McNeece Dr. M. E. Buerk Elector
Commissioner Geo. V. Warren Charles Clark Plumber
Edward Phillips Plumber
John H. McWethy Plumber
co r CTO,, oau)' OF
Charles W. Trieste Alternate Members
Ralph Bird
C. Herrick Hammond Thcs. E. Woolbright
Wm. L. Carpenter Richard T. Hanna
Bert B. Boldt Charles Byron
The Council re.q.uested, however, that any Board or. Committee n.ow
comprised of four (4) Members take early steps to provide Membership
of five (8) or seven (7).
.City Mana. ger Lawson then reminded the Council of the coming Leg-
islatxve Clinic to be held in Delray Beach on February 27th, at which
time the Senators and Representatives will consider local bills, for
possible Cha.rter changes, which are properly present, ed, and the Mana-
ger further informed ~he Council of having kept a f~le of various i-
tems discussed at various times for desired Charter revision, some of
which are as follows;
1.. A provision that ordinances be read by caption only at first read-
ing. '
2, An amendment to Section ?(a) by adding a provision similar to Sec.
125.87, Florida Statutms, relative to exchange of lands.
3. A possible change in the method and procedures of annexing land in-
to the city.
4. City Council Salaries.
$. Provision of a requirement for separate registration of freeholders
for each bond issue.
6. A provision for possible p.rocedure for Mayor election.
?. .Concerni.ng possible extension of current 10 year period of pledg-
ing Utihty Taxes for bonded debt.
8. Establishment, to be provided, for a Zoning Board of Adjustments.
Mayor Talbot thanked the Manager for having maintained such a file
and for having accumulated the datm enumerated in the foregoing, and
requested the Commissioners to furnish the City Manager with any other
items desirous of being considered for Charter Change in time for pro-
per presentation at the Clinic, and the Council, on motion of Commis-
sioner McNeece and seconded by Commissioner Warren, unanimQusly agreed
that the City Manager and City Attorney take the necessary steps for
providing proper present.ation, to the Legislative Clinic Group, of all
items desired to be considered for possible Charter change and/or a-
mendment.
City Manager Lawson informed, th.e Council of a public hearing to be
held at 10:30 A.M., February 9th, in Room 114, County Court House, at
which time the County Commission will consider the request of Totter-
dale Development, Inc., to vacate a 30 foot easement.in the Northeast
Quarter of Section 18-46-43, more particularly described as being a-
lo.rig a westward exte. nsion of N.W. 2nd Street, from Totterdale Indus-
trial Center to Drainage Canal .E-4.
Following a general discuss.~on of this matter which has had prior
consideration, per Co.uncil Meeting Minutes dated March 24th and Nay
12th, 1958, and Planning Board letter of April 28th, 1958, the Council
felt that such easement might be ne.eded at some future date in view. of
possible and likely w.estw.ard exten.s~on of the City's corporate limts,
and on motion of Commissioner Harblson, s.econded by Comnussioner Warren:.
the Council unanimously agreed that the City should express a reluc-
tance to such abandonment at the County Commission's public hearing on
February 9th.
The City Manager submitted the following requests for Zoning Re-
classification:
1. Request of Att'y. Nail E. t~acMilla.n for re-eZOning of Lots 11 thru
44, Block 45, Delray Beach, from R 2 to C-2o
The Council, on motion of Commissioner Croft and seconded by Com-
missioner McNeece, unanimously approved referral of said.request to
the Zoning Board for ~the purpose of providing £or a public hearing
thereon.
2. Request of Delray. Building Specialties Co.,Inc., for re-zoning of
Lots 14 thru 18, in Block 14,'Osceola Park:
The Council, on motion of Commissioner NcNeece and seconded by
Co~mmissioner Harbison, unanimously agreed that Detray Building Spec-
ialties request for re-.classification of certain .Lots in .Osc. eola Park
be referred to the Zoning Board for study and making provision for a
public hearing thereon.
City Manager Lawson reminded the Council that ReSolution No..1162
Passed and Adopted on January 1.2th, 1959, was ad.vertised ~.n c.ompl~ance
with the City Charter, and pro.v~ded for the hearing of ob~ect~ons, if
any, to the proposed construction of Storm Drains and Assessments of
determined Cost thereof, said hearing to be provided at this time.
Mr. B. H. Marsh, of $ East Road, Lowry Park Estates, alo.ng with
Mrs.. J. J: .Bagley, of 9 .East Road, protested the method of lzmiting
the ~dent~f~ed and benefitted area to be assessed for the proposed
Drainage Improvement of "Section N", outlined in said Resolu.tion No.
1162. Mr. Marsh also protested the alleged contour and grading of
the area to be assessed for such improvement, and further feared the
possibility of a later additional assessment for possible corrective
measures in the form of a further drainage improvement. -
·Dire. ctor of Public ~Vorks Mark Fleming informed Mr. Marsh that,
wh~le h~s property as well as that of Mrs. Bagley and others may be
high and dry, such properties are contributing water, by drainage~
to the determined drain field area, which fact must always be con-
sidered by qualified engineers in providing for determination of an
area benefitted, and to be subject to assessment, by installation of
a Drainage Improvement. '
Mr. Narsh further expressed concern over the City's policy of re-
quiring Interest on Improv.ement Assessments amounting to eight pe~~-
cent per annum on the unpaid balance thereof, while only paying ap-
proximat~ely five percent on City indebtedness.
There being no further objections offered, concerning the pro-
posed Improvement as outlined in Resolution No. 118.2 and provided to
be heard at this time, Mayor Talbot requested the Cmty Manager to
read the following Resolution:
RESOLUTION NO. 1166.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FL(RIDA, AUTHORIZING THE CITY MANAGER TO PROCEED
¥~ITH THE CONSTRUCTION OF STON~ DRAINS IN SECTION "N" AS
SHO~N ON STOHM DtLIINAGE SYSTEM SURVEY FILE T. F. 1868,
TOGETHER ~TITH INSTALLATION OF CATCH BASINS, NAN-HOLES
AND ALL NECESSARY APPURTENANCES IN CONJUNCTION WITN
SUCH STORM DRAINS.
On motion of Commissioner McNeece and seconded by Commissioner
Croft, the Council unanimously approved Resolution No. 1166 being
PasSed and Adopted.(See Page 18-A fora copy of Resolution No. 1166. )
Director of Public ~Vorks Fl.e~.ing then submitte, d the following
BIDS which his office had solicited for installation of Stomm Drain-
age Improvements in Sections "N" and "0", combined, in order that a
possible saving might be effected by not.having sol~cited Bids for
merely Section "0", following authorizatmen for .Drainage 'Improvement
of Section "0" on December $~h, 1988' per Resolution No. 115~:
AMOU~T OF BID START COMPLETE
Ail Construction Co., $ 28,$28.25 10 ~0 Days
Oneman Engineering Co., 28,295.00 8 60
Dargel Construction Co., 29,82?.00 18 90
Barbarossa Construction Co., 33,371.80 15 60
Blackwell & DeGouw 83,610.48 8 AS
Replying to Coun.cil request.for rec.ommendation, Director of Pub-
lic V~orks Fleming advised of havxng received unsatisfactory reports
S
JANUARY 26th, 19~9
concerning past acti.vities a.nd operationa.1 results of "All Construc-
tion Company" of Danla, Florida, and in wew of the declared "comple-
tion'' date provided by "0neman Eng.ineering Company", together with
the fact.that said 0n.eman E~.gineer~ng Company had just com~leted~ a
very satisfactory drainage ~mprovement in Seagate, it was the Direct-
ors recommendation that award be made in favor of 0neman Engineering
Company.
On motion of Commissioner ~Varren and seconded by Commissioner
Croft, the Council unanimously approved award of contract, as recom-
mended by the Directo.r of Publ}c Works, to Oneman Eng. ineering Company
for cons.truction and xn.stallatxon of Storm .Drainage ~n Se.ctions "0"
and "N" ~n accordance wxth terms and s-ecifxcationsp contaxned in Bid
submitted for the sum of $28,29§.00.
City Manager Lawson then read - RESOLUTION NO. 1187:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDa% ORDERING THE CLEARING, GRADING AND PAV-
ING OF A THIRTY (SO) FOOT STRIP LYING BET~EN S,E. 2ND
and 3RD STREETS, BOUNDED ON THE WEST BY LOT 1 AND LO~S
18 THRU 2S INCLUSIVE IN BLOCK ?9, AND ON THE EAST BY
THE WESTERLY R/W LINE OF THE F.E.C. RAILROAD RIGHT-OF-
WAY TO A WIDTH OF TWNNTY-FOUR (24) FEET.
On motion of Commissioner Warren and seconded by Commissioner
NcNeeee, the Council unanimously approved the Passing and Adoption of
Resolution No. 1187, as read. (see Pages 18-B & 18 C for copy of
Resolution No. 1167.)
. The .City Manager then read the following "Report" from the Plan-
nlng/Zonxng Board, dated January 2§th:
"At a regular meeting of the full planning board on Jan. 2Srd,
the following recommen~a%ions were approved for your consideration.
Beach
1. That D.elray/Heights S/D (located on N. side of S.W. lOth Street)
Preliminary Plat be accepted provided that S.~V. 8th Street be-
tween 10th and lSth Avenues be reduced from 80 ft to 40 ft to
provide a right of way on S.W. 10th Street of 80 ft from the cen-
ter line.
2.
To accept a preposal of Palm State Heights to increase the R/W
on S.V~. 10th Street to 80 ft from the center line in order to
meet the county requirements and give us the 80 ft R/W from the
center line we require by reducing S.W. ~th $ourt from 2nd Ave
to 4th Ave from 80 to AO ft.
To provide the 80 ft R/W from the center line of S.W. 10th
Street the plat be resubmitted complying in fu/1 with our zoning
regulations.
S. To accep$ suggestions set forth in letter of Jan. 28rd, 1~$9,
signed by property owners adjacent to S'W._ 10th Street directed
to the city council to provide a 100 ft R/V~ adjacent to their
property.es and pay certain paving costs, etc. (Letter and Map are
attache~).
The Planning Board also unanimously moved to make a. complete
study of S.W. 10th Street from Federal Hwy to the Milmtary .T. rail
as soon as possible after the arrival of N~. George Simons."
/S/ PAUL S. KNO~VLES Chairman
Planning Board
Messrs. Robert Gracey and Ralph Priesmeyer addressed the Council
and informed the City of having been appointed a S.ub-Comm.ittee b.y
the Chamber of Commerce for the pUrpose of taking xnitimtmve action
toward effecting a possible ACCESS road to the west by providing for
westward extension of S.W. 10th Street, and further, that they have
a.lready contacted prop. erty owners .and been assured of the major por-
tion of necessary dedication for r~ght-of-way needs, to and beyond
State Road.9 and t.he S.A.L.RR., the m~.in probl.em confronting such
R/~V ~xpanslon seeming to be the crossing of said State Road 9 and the
Railroad.
City Attorney Harry Newett advised the Council that State Road 9
crossing would .undoubtedly have to be worked out in conjunction with
the County Commission.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, m).animously approved requiring the developers of
Delray*Heights Extension and Palm State Heights to re-submit their
respective preliminary plats, incorporating the proposed changes as
recommended by the Planning Board, for study by and recommendation of
the Planning Board. *Beach
On motion of Comissioner 1~Jarren, seconded by Commissioner
McNeece, the Council unanimously agreed that the City Manager and
City Engineer be requested to contact the County .E~.$ineer, as well as
State Road Department ~embers concerning the possibility and proce-
dure for obtaining future State Road crossing approval and permit.
The City Nanager then read the following 'Report' of the Planning
Board:
"At a regular meeting of the Planning Board on Jan. 21st, and by
unanimous approval thereof, the request of Direct Oil Company, for a
variance on Drive Way widths on N.E. 5th and 8th Avenues, as concerns
Lot l, Block l, Sophie Frey S/D, to facilitate egress and ingress to
P~mp Islands as well as safe circulation of vehicular traffic, was
approved."
/~/ PAUL S. KNO%'~LES Chairman
Planning Board
On motion of Commissioner McNeece and seconded by Commissioner
Croft, the Council unanimously approved granting Di.rect Oil C~ompmny
variance of Drive V~ay ~idth on Lot l, Block l, Sophle-Frey S/D, in
sustaining the recommendation of the Planning Board.
Requests from ~L~. Vincent H. Palisano, and Mr. Richard Hanna, f'or
re-classification of certain lands, previously referred to the Plan-
ning/Zoning Board for consi, dsration, have been requested, by said ap-
plicants, to be tabled until a later date, per letter from the Zoning
Board, dated January 23rd, 1959.
The Council, on motion of Commissioner Harbison and seconded by
Commissioner McNeece, unani.mously agreed on denial of Mm. Forrest W.
Weaver's request for re-zoning of Lots S and 8, in Nichols First Ad-
dition from RI-AA to R-2, as recommended by the Zoning Board in its
letter of January 2Srd, 1959.
On motion of Commissioner McNeece and seconded by Commissioner
Croft, the Council sustained the recommendation of the Zoning Board,
as reflected in its report of January 2Srd, and ordered that Att'y.
Nell MacMillan re submit h~s request for desired zoning change in
Block A, SOUTHRIDGE S/D.
City Manager Lawson then ~ead the following letter:
"At Council meeting of January 12th, a letter from Col. Fabens re-
garding Planning Board organization was tabled.
Since that time we have carefully reviewed the city charter, gen-
eral ordinances and the zoning ordinance.
After consulting with Mr. Har.r.y Newett, it appears evident that
the zoning board under ordinance ~85 must remain as is until changed
by referendum. The Planning Board by chapter 20 under the circum-
stances will also remain as a board of seven members.
JANUARY 26th, 19%9
M~. Newett advised that we retain our status Euo until such time
as ordinance ~865 of the zoning ordinances be changed, which could be
provided should a board of appeals be created which I am told may ap-
pear before the Clinic on February 27th.
Therefore, for the present, we shall continue to function as we
have in the past, except t.h?t the Chairmanship of the Zoning group
has not been settled but wall be shortly."
/S/ PAUL S. KN0~LES CH'MN.
Plazning Board
Concernin~ 'Limited Access' to N. t~T. 4th Street:
There follows a letter, dated Jan. 21st, from the City Attorney:
"I wish to acknowledge receipt of your letter of January 20th in
rega. rd to th.e above matter, fom~ardin$ copy of answer from the county
tng~.neers whAch states t.hat .that poz, tAon of the Lake Ida Road having
a right-of-way of 80. ft A.n w. ldth As a county road.
! enclose herewith orxg~nal letter .from the Attorney General, in
~eply to my letter of December 26th, which ! have previously shown
you. I am forwardi.ng ~t to you so that you may make it available to
the respective commssxoners.
. It w.ould therefore appear.that since ~ portion of this road with-
~n the cAty limits does c0nstxtute a part of the county road system,
permission would ha.ve to be obtaine.d from the county a.uthorities. In
any event, the requArements of Sectxon $88 of the Florida Statutes,
~equiring a hearing and publication of notice, would have to be fol-
lowed."
/s/ T. N TT
The Council, by general consent, ~etermined that .th. is ma.tter be
~abled .and that the City Manager b.e.requested to provide copAes of a
~ranscr~pt of all documents pertalnAng to N.W. 4th Street, Lake Ida
~.oad, and Limited Access thereto, to each member of the Commission
Zor further study: Motion by Commissioner McNeece and seconded by
Gommissioner Harb~s0a.
On motion of Cm~missioner Croft and seconded by Commissioner
~.cNeece, the Council unanimously approved payment of Bills in the
mount of $71,299.60, as presented by-the City Manager, 'subject to
the approval of the Finance Committee.
City Manager Lawson submitted the following Bids received for
.~he painting of the Central Fire Station:
V~o H. Davis $ 754;00
Boyd & Nagle _ 1125;00
~alter A. Roth 820.00
~. J. Misiazek 680~00
lhgens, Inc. 547.00
On motion of C.o.mmissioner Harbison and seconded by Commissioner
]/cNeece, .the Counczl .una.nimously agreed o.n deferme, nt of any action on
lids submit'ted for pazntzng the Central Fzre Statzon, in view of the
ossibility of early construction of a NE~V City Hall and the obvious
esire tha~ ar~v painting pro~ects of City owned buildings in that a-
lea be wi~hel~ ~tnti.1 s~ch proposed c.ons.tructi.on becomes a reality,
in order ~hat all paAntzng of such bu~ldzngs mght be properly related.
The .~ity Ma.namer reminded the Council of the forthcoming meeting
1o be held at 2.00 P.M., on February 2nd, in Room 114 of the Court
~ouse, ~/est Palm Beach, for conference with Commissioner Ben Sundy,
f the ~ounty Commission, at which time such matters as Lake Ida '
County owned) property, Improvement of Swint.on Avenue, U~So 1, S.W;
~Oth Sty., and N.W. 4th Street (Lake Ida Road), should be discussed.
JAEUARY 26th, 19~9 1 7
~yor Talbot then appointed the following Commissioners to con-
stitute the F~nance Committee:
Commissioner Charles H. Harbison
Commissioner Fred B. McNeece
Commissioner George V. Warren
Miss Dorothea Galvin then submitted and read a proposed Resolu-
tion No. 1166, providinE Proclamation for NATIONAL DEFENSE WEE for
period beginning Februamyl2th and ending February 22nd, 1959.
The Council, on motion of Commissioner Harbison and seconded by
Commissioner Croft, unanimously approved the Adoption of Resolution
No. l168.(See Page 18-D for Copy of RESOLUTION NO. 1168.)
Concerning Mr. Priesmeyer's inquiry regarding water supply to
the Industrial area west of the Seaboard Railway, the City Manager
agreed to have available, for study, at the next regular meeting, a
report of possibilities relative thereto.
The Council requested the City Manager to study procedure and
set up necessary steps for preliminar~ plans of finance concerning
the early phases of a much needed Sanitary System in Delray Beach,
to be available, if possible, for Council considerationand discus-
sion at the next informal meeting.
On motion of Commissioner ~cNeece and seconded by Commissioner
Croft, the Council unanimously agreed on referral to the Plannin~
Board of Att'y. John Adams request concerning road right-of-way ~n
the S.E. Quarter of Section 18-46-4S, as well as the Memorandum of
Director of Public Works Fleming to the City Nanage~ under date of
January 26th, for the Board's s{udy and recommendation.
City Attorney Newett advised the Council of Circuit Court action
on January 15th, 1959, qoncerning.- CITY OF DELRAY BEACH (Plaintiff)
vs TO~JN OF OCEAN RIDGE (Defendant), Circuit Judge James R. Knott pre-
siding:
"This cause was duly presented by counsel after
notice, and upon consideration thereof, it is
ORDERED AND ADJUDGED that defendant's motion to dismiss
the complaint.or petition herein is denied; that defendant's
motion to str~ke Paragraph IV thereof is granted, and that
defendant's motion to strike Paragraph V thereof is denied.
Defendant is allowed ten days from date hereof within
which to plead further to said complaint or petition."
No obiection? having been receiye~ concerning proposed Sale of
surplus F~re equipment, namely one (1) Dodge 195I Power Wagon, to
the Trustees of Del-Trail Volunteer Fire Department, as provided in
Resolution No. 1160, passed and adopted on Januar~ 12th, 1959, the
Council, on motion of Commissioner McNeece, seconaed by Commissioner
Croft, unanimously approved said Sale of the Dodge 1951 Power ~gon
under terms and condi%ions outlined in said Resolution No. ll60.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Ha~bison, unanimously approved payment of Att'y. Arthur
T. Hollo~ay's bxll of January 22nd, 195~, in the amount 6f $$0.00,
for Services rendered while "~cting as Municipal Judge January 16th
and 19th, 1959.
MEETinG iOJO E m
· × ~-'~ R.D. WORTHING
,APPROVED: