06-09-58 JUNE 9TH, 1958~
A Regular Meeting 9f the City Council was h~ld in the Council
Chambers at ?:SO P.M., with. Mayor J. LeRoy Croft in the Chair, City
Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Commis-.
~ioners Fred B. McNeece, George Talbot Jr., and George V. Warren be
lng present.
An opening prayer was delivered by Reverend J. W. Swanson.
0n motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously approved the Minutes for the Meetings
of May 26th and June 2nd, 1958.
Cit~Manager Lawson advised the Council of the BIDS received,
and openea this day, for Storm Drainage installation in Section ~'D",
in parts of Seagate and Seagate Extension, being as follows:
Seminole Construction Co. of. Ft. Lauderdale $ 18~408~98
Dargel Construction Co. Inc., 18~$72;60
G. Elton Harvel 20,538.13
Oneman Engineering Co., 21,118;25
Barbarossa Constructing,.Ino., 28~690.00
R. H. ~Vright & Son, Inc., 34,908.15
Supt. of Public ~orks, Mr. Mark Fleming, assured the Council that as-
much as possible of the drainage system installed byers. Lucy Helm ,
several years ago, in lower Seagate would be utilized in the installa-
tion of the currently plarmed Drainage Systems in Section "D" and '*E".
On motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously approved the awarding of Contract for
Storm DrainaEe Installation in Section "D" to the LOW BIDDER, being in
the amount o~ $18,406.98.
The Council,-on motion of Commissioner Talbot, seconded by Com-
missioner McNe~ce, unanimous~ approved ~equesting the City Manager
to notify all interested parties concerning the assurance of the Supt
of Public Works relative to utilization of usable portion of ers.
Helm's original drainage system.
er. Bob Alexander and er. Harvey Brown appeared before the Coun-
cil, on behalf of the Library Assogiat$on Board of. Directors, and re-
quested that the Delray Beach Public Library Association, Inc., be .
g;anted a long term lease on Lot 7, Block 101, for future library ex
pansion.
er. Brown reminded the Council that the rapid growth of the City
and popularity of the Library, due to its completeness and manage-
merit, has materially advanced the anticipated date when additional
land will be necessary for the expansion of Library facilities, which
now appears to be within five to eight years.
Comm~ssioner~Varren moved that Lot 7 of Block 101, LESS the North
sixteen (16) feet thereof, reserved for additional East-West alley
widening, be incorporated in an amendment to the Lease of April 19th,
1948, in consideration of ~he extreme integrity of the Library Associ-
ation Board of Directors and the Association's accomplishments over
recent years, and the apparent need for such land in the future plan-
ning for expansion of Library activities, subject to the said Board
of Directors for. the Public Library maintaining beautification of the
vacant lan~ until such time as improvements are made thereon. Motion
was seconded by Commissioner McNeece and unanimously approved.
The City Man~ger read Ordinance No. G-292:
AN 0RDINANOE A~,I~NG SECTION 29-7.6(15) of THE CODE
OF ORDINANOES OF TItE CITY OF DELR2Y BEACI-4 TO PER~IT
PRIVATE ~OLF COUi~SES IN "R-1AA" SINGLE FA1VIILY DWELL-
IN~ DISTRICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH,
FLORIDA:
SECTION 1. That Section 29-7~6(1§) of the COde of Ordinances of
the City of Delray Beach, Florida~ be and the same is hereby amended
by adding the following provision:
"(c) In R-1AA Single Family Dwelling District:
(1) Private Golf Courses."
· SECTION. . 2. That any land. . within said R-1AA. Single. Fam~ly Dwell--
mng Dlstrxct now used, enst~ng and operating as a prmvate golf
course is hereby recognized and permitted and shall continue as a
permissive use until abandoned or surrendered.
SECTION 8. This Ordinance is in addition to existi.ng provisions~
however, all ordinances or parts of ordinances in conflmct herewith
are hereby repealed.
PASSED AND ADOPTED in regular session on the second and final
reading this 9th day of June, A. D. 1958.
/~/ J. LeRoy Croft.
ATTEST../S/ R. D. Wo~thing ~" M A'Y"O R
" city 'Clerk"'
On motion of Commissioner McNeece and seconded by Commissioner
~arren, the Council unanimously approved adoption of said Ordinance
No. G-292 on this second aud final reading.
City Manager Lawson then presented Ordinance No. G-298:
AN ORDINANCE OF THE CITY OF DELHAY BEACH, FLORIDA,
RELATING TO S~GNS, BILLBOARDS AND A~.~/NING PERTAIN-
ING TO SIZE, PERNITS FOR LOCATION OF AND REGULA-
TIOI~S PERTAINING TO INSTALLATION, DESIGN, LOCATION
AND MAINTENANCE OF SIGNS, BILLBOARDS AND A~INGS IN
THE CITY; PROVIDING A PENALTY IN CASE OF VIOLATION
OF THE TEPJfS HEREOF AND REPEALING ALL ORDINANCES OR
P~RTS OF ORDINANCES IN CONFLICT HERE¥/ITH.
On motion of Commissioner Talbo~ and seconded by Commissione~
~Varren, the Council unanimously, agreed that proposed 0~dinance No. '
G-figS bo tabled until next meeting to provide txme for study of same~
The City Manager then read Resolution No. ll08t
A RESOLUTION OF THE CITY COUNCIL REQUIR?.N¢' P~NS~
SPECIFICATIONS .AND ESTi%I~TE OF COST TO '3LE~%R, GKADE
AND PAVE THAT P~.RT OF SOUT~ST FOURTEE~£H ~..VENUE
LYING BET~JEEN ATLANTIC AVENUE AND THIRD STREET.
~¥HERE~.S the City Council of the City of Delray Beach, Florida,
may deem mt to be necessary for the safety and convenience of the .pub-
lic to clear, grade and pave that part of Southwest 14th Avenue lymng
between Atlantic Avenue and Srd Street to a width of 24 feet, the
City of Delray Beach, Palm Beach County, Florida, to share the cost
of such improvement with the owners of lands abutting thereon;
NO~'~, THEREFORE, BE IT RESOLVED-by the City Council of the City
of Del~ay Beach, Palm Beach County, Florida, as follows;
SECTION 1. That the City Manager be requi.red to submit plans,
specifications and an estimate of the~ cost of such improvement to be
2
made, and that the same shall be placed on file in the office of the 105
City Manager.
PASSED AND ADOPTED by the City Council of the City of Delray Beach
Florida, on this the 9th day of June, A. D. 1988.
/s/,
ATTEST: /s/ R. D. Worthing ...... M 'A Y 0 R .........
On mo~[on off Co~ss[one~ ~?a~ren an8 seconded ~y Co~ss[one~
1103, on this fi~s~ ~n8 final
A ~ESOL~ION OF THE CITY CO~CIL REQUI~ING P~NS,
SPECIFICATIONS A~ AN ~StI~t~
G~DB ~D PAVE T~T ~T O~ SO~;2ST I~T~ IV~
LYING B~EN AT~IC AVE~E ~D 3~ STREET.
V~22~S T~2 tIT? gO~CIL off the City of Delray Beach, Florida,
ma~ Seem [~ ~o Be ~ecessa~y for ~he
~[9 ~o c[ea~, ~aSe ~8 ~ave ~hat ~ar~ off So~hwes~.~elff~h Avenue
flour (~4) ffee~, the City off Delray Beach, Pa~ Beach Co~2y, Florida,
~o sha~e the cost off such ~ovemen~
NOW, THEREFORE, BE IT R~SOLV~D by.~he
Delray Beach, Pa~ Beach ~o~ty, Florida, as follows;
SECTION 1. Tha~ ~he C[t~ Ma~a~e~
spec~ff[ca~[o~s a~8 ~ estimate off the cos~ off s~ch [~rove~e~ ~o be
City Nana~e~.
~ASSED and ADOPTED by the City Co~cil of the City of Delray
Beach, Florida, on this the 9th day of J~e, A. D. 1958.
/s/ ~. LeR~ C~oft
ATTEST: /s/ .R.D. Wo~t~ng.
city cle
~ motion of Co~issioner McNeece and seconded by Co~ssioner
Talbot, the Co~cil.~animously agreed.on'adoption of Resolution No~
ll04, on this the f~rst and final read~ng.
The City Manager then read Resolution No. ll05:
A RESOL~ION OF THE CITY C0~CIL REQUIRING P~NS,
SPECIFICATIONS A~ AN ESTATE 0F THE COST TO
CLEAR, G~DE ~ PAVE T~T P~T 0F SO~ST 8RD
STREET ~ICH LIES BET~EN 12TH A~ 14TH AVE~ES.
~~S the City Co~cil of the City of Delray Beach, Florida,
may deem it to be necessary for the safety and convenisnce of the pub-
lic to clear, grade and pave that part of S.W. Srd Street lying be-
tween 12th and 14th Avenues, to a width of 2~ feet, the City of Del-
ray Beach, Pa~ Beach Co~ty, Florida, to share in the cost of such
improvement with the o~ers of lands abutting thereon;
NOW, T~REFORE, BE IT RESOLVED by. the City Co~cil of the City of
Delray Beach, Pa~ Beach Co~ty, Florida, as follows;
SECTION 1. That the City Manager be required to submit plans,
specifications and an esti~te of the cost of such improvement to be
~de, and t~t the same s~ll be placed on file in the office of the
City Manager.
PASSED and-AD0~ED by the City Co~cil of the City of'Delray
Beach, Florida, on this the 9th day of J~e, A. D. 1958.
/s/ .J. LeRoy Croft
ATTEST: /s/ R. D. Wor~ing
On motion of Commissioner Talbot and seconded by Commissione~~
NcNeece, the Council unanimously approved passage and adoption of
Resolution No. 1105, on this first and final reading.
City Manager ~wson then ~ead Resolution No. ll08:
A RESOL~ION OF THE CITY CO~CIL REQUIRI~ P~NS,
SPECIFICATIONS A~ AN ESTATE OF COST TO CLX,
G~DE ~ PAVE T~T P~T OF S.W. ZND STREET LYING
BE~EN T~ ~STE~ T~I~S OF THE ~ESE~ PAV-
ING TH~EOF A~ 14TH AVE~E.
~ER~S the City Co~cil of the City of Delray Beach, Florida,
~y deem it to be necessary for the safety and convenience o~ the pub-
l~c to clea~, g~de an~ pave that pa~t of S.W. ~d Street lying be~een
the western te~us of~th9 p~esent paving thereof and 14th Avenue,
a width of twenty four (~4) feet, the City ef Del~ay Beach, Pa~
Beach Co~ty, Florida, to s~e in the cost of such ~rovement with
the o~e~s of lands abutting thereon;
NO%~, THEREFORE, BE IT RESOLVED by the. City Co~cil of the City
of Delr~ Beach, Pa~ Beach cowry, Florida, as follows;
SECTION 1. ~at the City ~nage~ be requi~ed te sub~t plans,
specifications and an.' esti~te of the cost of such improvement to be
~e, and that the same s~ll be placed on file in the office of the
City ~nage~.
PASSED and. A~ED by the City C~cil of. the City of'Delray
Beach, Florida, .6n this the 9th day o~ J~e, A. D. ~988.
ATTEST: /S/ ~', D. Worming .... MA'~ 0 ~r~t
J.
LeU~
~ motion of Co~ssione~ NcNeece ~d seconded by C~ssioner
Talbot, the Ce~cil~ ~animously agreed on adoption of Resolution No.
llO8 on this first and final reading.
The City ~nager then sub~tted the following Pla~ing Board Re-
port/of J~e ~th, 1958:
· ~ RE: Deviation Set-back Request of
Ro~g, Lot 14, Che~ Chase, for
SCREENED ENCLOS~E arced a S~im-
~ng Pool.
"TO CITY CO~CIL:
The Pla~in~Zoning Board, Mr. Ke~eth Jacobson being absent~ met
with a ~epresentative of A. C. %Vo~rell, Jr., who had applied for a
deviation side-yard set-back to pe~t construction of a screened en-
closure surro~ing the swi~ng pool located on the property of
H. B. Ro~g described as Lot l~, Chevy Chase.
The Board ~imously reco~ended granting Mr. ~o~g a ~et-b~ck
deviation a!!~wing such Screened Enclosure to be construct~:d to a
point five (~) feet from the side and rear lot line~ in recognition
of the safety value of such enclosures a~o~d swi~ng pools,
P~N~TNG/ZONING BO~D
/S/ J~es I. Sinks Vice-Ch~.
Motion was ~de by Co~ssioner Talbot, g~anting the request of
M~. H. B. Ro~g, for deviation set-back per~tting construction of a
SCREENED ENCLOS~E arced ~. Ro~g's pool to a point five (5) feet
-from the side and rear lot lines, subject to no change of plans con-
ce~n~g SCREENED ENCLOS~E O~Y. Motion was seconded by Comm~ ssione~
~Va~en and ~animously passed.
9t , !07
City~anager Lawson then read the Planning Board's Report of Juno
7th, concerning Mr. Jerome Portman's Request for Set-back Deviatioo.
in Bonniecrest S/D, Srd Add'n:
"The Planning Board met Friday, June 8th, 1988, with Att'y.
Arthur Holloway, representing ~. Jerome Portman, concerning proposed
plat of 'Bonniecrest S/D- Srd Addn', which plat had previousl~ been
approved by both the Board and the City Council. However, the County
having deferred approval of said plat without additional right-of-way
being provided on both Swinton Avenue and N.E. Second Avenue, if the
County is to continue maintenance of said rights-of-way, Mr. Portman
has provided for re-platting said Bonniecrest S/D - Srd Addition to
provide for dedicatisn of the west seven (7) feet and t~e east seven
~7) feet from the originally proposed S/D, thereby providing for a
forty (40) foot right-of-way easterly from the centerline of Swinton
Avenue and a forty (40) foot right-of-way westerlyfrom the center-
line of N.E. Second Avenue.
Due to the County's demand for additional right-of-way, the
Board unanimously approved granting the developer of said Bonniecrest
S/D-3rd Add'ri., a Set-back Deviation of Seven ~7) feet applicable to
Lot 9 and ~eing the east seven feet thereof; and to Lots 18, l? and
28, and being the west seven feet of said tots."
PLANNING/ZONING BOARD
/S/ James I. Sinks Vice-Ch~
On motion of Commissioner EcNeece and seconded by Commissioner
Talbot, the Council unanimously approved granting the developer of
Bonniecrest Srd Addition a Set-back Dev2at2on of seven (7). feet
from the East line of Lot ~ and from the ~est line of Lots 18, l? and
28, as recommended by the Planning/Zoning Board.
The City Nanager then read the following Report from the Planning
Board, dated June 7th, 15~8:
"The Planning Board met with Att'y. Arthur Holloway, who repre-
sented Nfs. Irene Moore, at a meeting held on Friday, June 8~h, at
which time the 'Request' for set-back deviation on Lot 28, of Bonnie-
crest 3rd Addn., was withdrawn, in favor of the following action of
the Board.
The Planning Board recommends a five (8) foot set-back deviatie~
in Bonniecrest Srd Add., from the S'ly right-of-way line of N.E. l~ta
Street, between Swinton and N.E. Second Avenues, as previously.ap-
proved and granted on the North side of said N.E. l?th Street ~n
Swinton Heights S/D."
PLANNING/ZONING BO~RD
By James I. Sinks, Vice-Chmo
On motion of Commissioner NcNeece and seconded by Commissioner
Talbot, the Council unanimously approved granting a five ($) foot
Deviation Set-back from the North Line of Bonniecrest - Srd Addition
as recommended by the Planning Board.
Commissioner NcNeece moved that Bills, in the amount of $1S$,2~4~?
as submitted by the City Manager, be paid subject to the approval of
the finance committee. Notion seconded by Commissioner Talbot and
unanimously passed.
Mr. Tom Boyce, Recreational Director, requested the City Council
to consider a donation of $100.00 to each of the following three
Playgrounds, for summer activity equipment;
Delray Beach Elementary School
Seacrest High School.
Carver High School.
On motion of Commissioner NcNeece and seconded by Commissioner
Talbot, the Council unanimously agreed on requesting the CityNanager
to furnish the Council with a report, at the next regular meeting, of
prior policy .and Council action concerning Summer Playground donation
of funds and/or equipment.
Mayor Croft read the following totter:
May 9th, 1958.
"The Association of Municipalities of Palm Beach County, in the
ast, has been Supported by contr_ibutions made to it on the basis of
2.00 for each $1,000,000. of non exempt real and personal property
valuation shown on the tax rolls of each ef the towns and cities in
Palm Beach ¢ountY. o .This polic~ was decided upon as the.most, practic-
able method of dividing operatzng expenses of the organization.
Since dues for the 19§$-1959 fiscal year are now being accepted,
please present this to your Council or Commission to obtain authoriza-
tion for y?ur respective share. Checks may be made payable to:
Association of Municipalities of Palm Beach County and mailed to
the undersigned."
/S/ ~illiam E. Lawson, Jr.,
Secretary-Treasurer,
P. O. Box
Delray Beach, Florida.
On motion of Commissioner Talbot and seconded by Commissioner
~cNeece, the Council unanimously agreed that t. he City of Delr~ay Beach
should share in such expense on the basis of $2.00 per each $1,000,000
of non-exempt real and personal property valuation shown o~ the
rent tax roil for the calendar year cf 1958.
City Manager Lawson read Resolution No. 1107:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELP~iY BEACH, FLORIDA, AUTHORIZING THE IN-
VESTMENT OF CERT~IN SURPLUS FUNDS.
WHEREAS, The City of Delray Beach has om deposit with the Delray
Beach National Bank in a commercial checking account known as City
.of Delray Beach Special Trust. Account~ funds representing th.e remain-
lng proceeds of the sate of $1, S78,000.00 ~'~ater Revenue Certzficates;
Series 195~, of the City ef Detray Beach; and
~VHEREAS, the City Council is empowered an~ authorized, in its
discretion, by resolution~ to invest any surplus in go.vernment paper
as authorized by Section 167.74, Florida Statutes; or zt may transfer
any su.rplus of such ac.count to time deposits (not exceeding six
months) at the prevailing interest rate and provided they are .secure8
by collateral deposits as re~uire~ by law for deposits of publzc
funds, all in acco.rdance with approval of the original purchaser
of the above desc~zbed water revenue certificates, Ira Haupt & Co.,
by letter dated October 28, 1957 to the Delray Beach National Bank
~nd the First National Bank ef Delray Beach.
NO~4 THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOP~$:
1. That a surplu~ portion in the .a~.ount of' $100,000o00 on
posit with the~Delray Beach National Bank and a surplus.por-
tion in the amount of $100,000.00 on deposit with the First National
Bank of Delray Be.ach does i.n the reasonable expectation of the. City
Council.hereby .ex~st, and wzll not be needed for the purposes zntend-
ed within a per~od of thr~e months from the ~ate of this resolution.
2. That the Delray Beach National Bank an~ the First National
· Bank of Delnay Beach are hereby empowered and directed to in-
vest $100,OOO.O0 of the above mentioned surplus on deposit in their
r.espective banks, as of May 19, 1958, in ninety ~ay t~me deposits at
l~ interest rate, upon receipt of certification by Smith and Gilles-
pie of Jacksonville, Florida, supervising engineers of the project,
6
9th, 958, 100
that such funds are deemed surplus funds, and properly signed
voucher or warrant signed by the City Treasurer and countersigned by
the City Manager.
S. That proper certificates of deposit and the required security
for said deposits be transmitted to the City Treasurer of
City of Delray Beach for safekeeping.
4. That at the maturity date of said time deposits the City
Treasurer of the City of Delray Beach is hereby authorized
and directed to surrender the certificates of deposit to the respec-
tive banks for redeposit with the related interest thereon to the
credit of the City of Delray Beach Special Trust Account.
PASSED IN REGULAR SESSION this 9th day of June, A~D., 1958.
/s/ J. LeRoy Croft
ATTEST: /S/ R. D. Worthing 'M~ Y 0 R
cityolerk
On motion of Commissioner McNeece and seconded by Commissioner
Warren the Council unanimously approved the passage and adoption of
Resolution No. ll0?, on this first and final reading.
The City Manager read the following letter: June 2, 1958~
T0t:~ OF OCEAN RIDGE
"This letter is in regards to our conversation of May 28, 1958,
regarding Radio Service for our Patrol Car.
We have ordered a ~obile Unit from Motorola Co. and are making
arrangements for Two frequency operation, and would appreciate havin~
Delray Beach as our base station, also permission to apply for opera--
tion on 155.070 NC - which is your frequency for the City of Delray
Beach Police Department. V~e have also applied for Intercity, the De-
partment of Public Safety, and the F C C.
~fm. Mack BuTt has informed me that our radio equipment has been
shipped and should be here this wee k.
Trusting this operation is agreeable with you and the City of
Delray Beach, Florida.
Would appreciate an early reply as we would like to have our Po-
lice Radio in operation as soon as possible.
Thanking You in advance,
THE Tg~'~N 0~ OCEAN RIDGE
/S/ Harold J. Corbett
TownNanager
On motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously approved granting the request of
The Town of Ocean Ridge, as recommended by Police Chief R. C. Croft
of the City of Delray Beach, subjec~ ~o applicatiqn of the usual
charge of $25.00 per' month for two (2) units and $5.00 for each ad-
ditional unit placed in operation.
On motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously approved granting permission to the
"Woman's Auxiliary of Bethesda l~emorial Hospital" for use of the Pony
League Baseball Park, for the period August 15 through the 17th, '58,
subject to approval of the Veterans ofmForeignl~Iars, as requested by
Mrs. Olav R. Tergesen, Chairman of the Ways & Means Committee, Woman's
Auxiliary, for the purpose of conducting a "Little World's Fair" as
a benefit to the Bethesda Memorial Hospital.
City Manager Lawson informed the Council of having received a
'Petition' for paving improvement of Southeast 6th Street between
8rd and 4th Avenues, subject to assessment 'under the current policy,
and being signed by owners of property abutting on the said right-
of-way, namely S.E. 6th Street between 8rd and 4th Avenues, which
JUNE 9th, 19%8.
properties represent 55.9%of all lands abutting on the right-of-way
hereinabove described.
On motion of Commissioner McNeece and seconded by Commissioner
Warren, the Council unanimously approved favorable action on the pe-
tition referred to herein and requested the City Manager to prepare
the necessary documents for processxng this requested improvement of
S.E. 8th Street between Srdand Ath Avenues.
MEETING ADJOURNED:
R. D. WORTHING