07-28-58 JULY 28TH, 19,58.
A Regular Meeting of the'City Council of the City of De'ray Beach,
Florida, was held in the Council Chambers at 7:80 P.M., with Mayor
J. LeRoy Croft in the Chair, City Manager W. E. Lawson Jr., and° Com-
missioners Col. Dugal G. Campbell, Fred B. McNeece and George V. War-
ren being present.
On motion of ComnissionerMcNeece s. nd seconded by Commissioner
Warren, the Council unanimously approved the Minutes for the meeting
of July 14th, 1988.
City M~nager Lawson reminded the Council ~hat Resolution No. ll$1,
passed and adopted on July 14th, 1958, assessing Costs for abatement
of nuisances, scheduled a Public ~earing to be conducted this evening
for the purpose of hearing ob3ect~ons, ~f any, to the assessments ap
pearing inResolutio~ No. 1131~
- Mm. Oscar B. Sabxn, Box 98, Tavernzer,' Florida, owner of Lots 38 &
39, Block 7, Osceola Park, advised the Council that he believed the
assessment for Lot Clearing,. in the amoun~ of $175.00, against said
Lots 38 & 39, was excessxve, but further ~nformed the Council that all
legal "Notices"concerning alleged 'Violations'of Chapter l§ - Code of
Ordinances, ordering abatement of said nuisances and final 'Notice' of
possible assessment of Cost for abatement of such nuisance if found
necessary to be abated by the City, had been received by him and he
had failed to take any action on them.
The Council ~eviewed the Bids, received by the Cit~, for clearing
of Lots, and noting that,.without exception, the Low Bid for the clear-
ing of any parcel of land was accepted, on motion of Commissioner
Campbell and seconded by Commissioner McNeece, unanimously approved
the "Assessments" contained in said Resolution No. 1131, as submitted
by the City Manage~, denying any adjustments thereof.
City Manager Lawson submitted a Report showing the total Current,
Deferred and Delinquent assessments for all outstanding special assess-
ment projects.
On motzon of Commissioner ~arren and seconded by Commissioner
McNeece, the Council unanimously agreed that legal procedures be taken
by foreclosure, if necessary, for oollection of all "Delinquent items
appealing on' the Manager's ~Report', and.further, that, such Policy be
adminzstered on future "Delinquent" Special Assessments.
Commissioner Campbell moved that, if found necessary for legal
procedure, a Resolution, providing for Foreclosure proceedings on
Delinquent Special Assessments, be prepared and available for consid-
eration by the Council at the next regular meeting. Motion seconded
by Commissioner Warren and unanimously approved,
The City~nager read the following letter from Smith & Gillespie.
"RE: Sanitary Sewerage Facilities - File No. 283,
Engineering Report - Supplement No. 1."
The above referenced report indicates the financial desirability
of considering sewage disposal by means of an ocean outfall. The est-
imates used in this report were developed from available information
including hydrographic charts and the actual costs involved in other
installations of this general type.
It is our .understandSng that the city is giving serious considera~
tion to and making preliminary plans ~or the financing of the contem-
plated sewer improvements. Before th~s f~nancial planning has been
completely developed, we believe that additional factualdata should
be secured, studied and evaluated to more firmly assure the feasibili-
ty of the use of an ocean outfall.
These further studies should result in a dete~nination of the
actual ocean bottom profile to establish the required length of line,
and current observations to determine the suitability of discharge at
the proposed location. The profile of the ocean bottom would be
cured through the use of a boat equipped with a recording Fathometer
in connection with instrtmmnt observation, from previously established
base lines on shore. At th.e p.oint tentatively selected for the end-
of the outfall, bombs of brllhant dyes would be released at the bot-
tom and observations made of the direction and velocities of the cur-
rents made evident by the color .of the.dyes.
The information this determzned wzll permit the development of
more accurate esti_mates of costs and a determination by the State
Health Department cf the permissbility of the use of this method of
sewage disposal.
If these studies are undertaken, we are assured of complete
.operation by t.he Health Department in the making of the studies and
sm the evaluatzon of the data thus obtained.
We~ therefore, request your approva. 1. to proceed with these stud-
ies under the provisions of Article IX (b) of our contract dated
tember 24, 1957, which provides that such studies are to be made at
the City's expense, but that your approval is first required. We est
imate that the actual cost to the city for these studies should not
exceed $1,000.00. We will be glad to negotiate with you to determine
a baSis and time of payment of these costs in a manner that is not in-
convenient to your City's budgetary and financial structure.
Please advise if we can furnish any additional information in
connection with this subject°
SMITH & GILLESPIE
On motion of Commissioner Warren and seconded by Commissioner
NcNeece, the Council unanimously agreed that the City Manager be
quested to order Smith & Gillespie to proceed with such studies and
to furt.her provide funds for such necessary expense thereof from Un-
appr°pr~ated Surplus of the ~Vater Department.
CoE~issioner Campbell informed the Council that, in his opinion,
the local nurseries wer~ not ce-operating to their fullest extent in
the City's Lot Cleari.n.g program and moved t.hat the City Manager be re-
quested to determine ~ae cost of needed equipment and man power to
place the city in a position to clear and keep clean vacant properties
within the City, the actual CoSt of ma terial and man hours to be
borne by the property owner, as 'it is at present, after due notice is
given of the City's proposed ac~tion. Notion seconded by Commissioner
Warren and unanimously passed. ~
City Manager Lawson then subm~.'tte.d the fo.llowinE Assessment Roll
for the construction of Storm Drains ~n "Sect~mu H-l, as shown on
Storm Drainage S~stem Survey File T.F. 1888:
Pt.'of Lot l, Sea Ray (lessee) l~,ld0 Sq. Ft. $ 284.?$
Blk. 2, Seagate
Lot 7~ Blk. ?~ " " 25,200 590;56
Lot 1," 12 " Thos.L. Ireland 18,900 442.92
Pt. of- Lot 6, ·
Blk.12~ Sea.g~te Neal D. Lasley 7,167 167.96
Pt. of Lot.,
Blk. t$, Seagate Brainard Land Co 7~167 167,96
Lot 6, Bi~ 1~," Eliz. F. DeVitalis 14~335 335;94
" 1 " 14 " Nelle M. Ankeny 12~$00 292;93
Pt.of Lot X14 " Clune J. ~Valsh 27,100 635~08
Pt.of Lot 8
Blk.K-Village K.E. Balliet 4,500 105.45
Pt.of Lot 4,
Blk H Village Helen E. Hoehn 7,978 186;89
Eot $ Blk H" Arthur S. Brooks 15~950 373~78
Lot 6 " H" Sara C. Lampkin 14,800 339~80
" 7 " H" Geo. E. Whitlock 14~500 339.80
Pt 8 " H" Robt. J. Whitlock 7,983 187.08
Pt.0cean Bch
Lot 29 Nahlon S. Weir 5~310 124;43
Pt. " " Grace S. VCeir 7,282 170.65
2
2~~ 19~?
Pt.of Ocean Bch Lot 30 Roy L. Calamia S4~872 $ 817,22
" " " " " S1 Alice C. Snyder S5,828 827;91
" " " " " 31 Robt. E. Woodruff 28,400 548.38
" " " " " $1 " " 9~925 232.59
" " " " " 32 L. M. Robbins 12~500 292,95
" " " " " S2 Romar Corp., 29,200 684;S0
" " " " " $2 A.K. Estabrook 8~100 189;82
" " " " " 82 Grace W. Mudge 5,940 189;20
" " " " " 32 Fred Thimm 10~098 - 256; 64
1~ **
Resolution 1091 38.25
Assessment 'Roll (Est)l 54
Ordinance Caption" $0,
Plans & Specs 553;00
(Brockway. Survey · . $50;00
Contract (Dargel)
20% ~ City's Share of Expense
On motion of Commissioner McNeece and seconded by Commissioner
~Varren, the Council unanimously approved the AsseSsment Roll as read
by the City Manager.
The City Manager read Resolution No. 1128:
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO PROCEED ~.~r~iTH THE CONSTRUCTION OF STO~
DRAINS IN SECTION "I" AS SHOWN ON STORM DRAINAGE SYS-
TEM SURVEY. FILE T.F. 1868, TOGETHER. ~JITH INSTALLATION
OF CATCH BASINS, NAN-HOLES AND ALL NECESSARY APPURTE-
NANCES IN CONJUNCTION ~TH SUCH STOPii D~INS. ,
· %'~HEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 2Srd day of June, 1958, determine to proceed with the con-
struction of storm drains together with installation of catch basins,
man-holes a n.d all necessary app~urtenances in conjunction with such
storm drains ~n Section "I" as shown on Storm Drainage System Survey
File T.F. 1868, and
~VHEREAS, the Resolution No. lll2, therefore has been duly pub-
lished as required by the City Charter, together with a notice that
· ~' objections to said improvement would be heard on July 14th, 1958, and
~{EREAS, no sufficient objections ha ving been made to such pro-
posed improvement,
NO~, THEi~EFORE, BE IT RESOLVED by the City Council of the City of
Delray Beach, Florida, that the City Manager be and he is hereby in-
structed to proceed with the construction of storm drains in Section
"I" as shdwn on Storm Drainage System Survey File T.F. 1868, together
with installation of catch basins, man-holes and all necessary appur-
.... tenances in conjunction with such storm, drains, according to the plans
and specifications heretofore filed with tim City Clerk, and a copy
thereof filed in the office of the City Manager and kept open for in-
spection of the public.
PASSED in Regular Session on this the 28th day of July,~ A.D. 1958~
O~ motion of Commissioner McNeece and seconded by Co~issioner
~Va~en, the Council unanimously approved PASSING and ADOPTION of Reso-
lution No. 1128.
City Manager Lawson then submitted the following BIDS, received
this day, for Construction of the Storm Drains in Section "I", and
read the tabulation of same:
Elton G. Harvel Delray Beach, Fla. $ 20~118;50
Dmrgel Construction Co Ft. Lauderdale~ Fla. 20~880.00
· Intercounty Construction Co Ft. Lauderdale, Fla. 30,473.25
~ R.H. Wright & Son Ft. Lauderdale, Fla. 81,964.80
3
On motion of Commissioner McNeece and seconded by Commissioner
Warren, the Council unanimously approved the awarding of Contract to
Construct storm drains, catch basins, man-holes and appurtenances in
Section "I" to the Iow bidder, namely $20,118.$0.
City Manager Lawson informed the Council that he had been re-
quested to provide agenda consideration for further discussion of the
possibility for some type of fire protection to be extended to the
unincorporated areas in the County.
Commissioner Campbell moved that the City Manager be req.ues.ted to
bring to the attention of the County Commission the City's willing-
ness to become thc nucleus of a Fire District on the following basis-
The City of. Delray Beach will contract to siva fire protection to an
area extending southward to the half-way line between the southern
boundary of Delray Beach city limits and the north boundary of Boca
Raton city limits, and northward to the half.-way line between the -
northern boundary of Delra.y Beach and the .southe.rn bounda.ry of Boynto~
Beach, and in a westerly direction, to and including U.S:Highway 441
to include both sides thereof. This offer to be made with the under-
standing that .the County will establish a Fire District and cooperate
in the collection from property owners served amounts equal to that
being paid in the City plus 28%, all of which service should result
in great saving of life and property. Motion seconded by Commission-
er Warren and.unanimously agreed.. . .
The Council requested that copies of the preceding action be fur-
nished neighboring municipalities.
The City ~[anager read the following letter from "Tropic Isle
Realty, Inc.
"The purpose of this let.t.$r ~is to bri~ng you up to date
with our plans in Tropic Palms~
We have recently decided to apply fo.r FHA approval. We
have felt that 5ecaus~ of the general slump in bus~uess.which has
been experienced t.hrou~hou.t the nation~ ~it would be advisable to of-
fer tot.he genera.1 public in t. his' .area h~$ t~at would be available
for as li.ttle as'$~O0,O0 and $500,00 ~d~'""We~"i'~eem. ~to be in an.area
where it is necessary to sell financing las well a~ ~erchan~!se. As
you well know, FHA requires water and sewers. ~ We have at our dispo-
sal at this time Delray Beach water,' but sewers are something on which
we must come to a decision relatively soon,' , · ,':
In my travels around Delray Beach I have heard several
remarks made that Delray Beach for some time has been contemplating
the construction of a sewerage~.disposal plant which would servicethe
entire city, .This seems quite natural inasmuch as most municipalities
are rapidly going to central sewerage systems.. ~Vhat I would very much
appreciate from you would be an accurate appraisal of the prospects
of Delray Beach installing a sewer system within the ne~t year or two~
If this rumor is true, I am wondering if it would be possible to re-
ceive from~you or the City of Delray Beach a letter of intent stating
that Delray Beach has the intentions of putting in the sewers and
within a c.ertain period. You misht also mention whether or not bond-
ing companies or mortgage companies have agreed to underwrite this
project. If thi.s is so, my tho.ught is that we might take the letter
~o the FHA officials and they m~ght possibly gr.an~ us FHA approval
based on the use of septic tanks until such a' time ~s .the City of Dol-
t.ay B.each could offer their sewerage disposal facilities to 'our sub-
division. '
I would very much appreciate hea~ing from you regarding
this matter as.soon as possible because this is' the sole remaining
requirement which we have to, fulfill before we can receive FHA~ ap-
~ ~ V~e have closed contracts with several large builders
based on FHA approval t.o construct homes in' T.ropic palms and I can
assure you that any' assistance Shat you"?n g~-ve us in regard to this
hatter woUld also greatly aid in developing.the southern area of our
," /S/ PAUL BANDER Sales Manager
JULY 28th, 1958. 120
On motion of Co~ssi.oner Campbell and seconde.d by Commissioner
NcNeece, the Council unanxmously agreed that the Cxty. Manager be re-
quested, in replying to the foregoing letter, to furnish Mr. Bander
wmth all available lnformat~on concernln$ the Councxl s present study
of this issue and the vast amount of engineering data, as well as
financial advice necessary in conjunction therewith, which, will have
to be assembled, and that the City is not, at th~s t~me, in a position
to furnish any further assurance of over-all sewerage disposal facil-
ities for the City of Delray Beach.
City Manager Lawson read the following request:
"In connection with a preliminary plat of a sub-division for Mrs,
Darwin James which.has been prepared by the Edwin T. Reeder Associates,
architects and engineers,- Miami: Florida, for. twenty acres of land in
the south-west section of the City between the proposed school and
proposed State Road. 9, my letter is a request that the City of Delray
Beach abandon the South twenty'five feet of the S~ of Lot 7, Section
17-46-4S, which many years ago was dedicated for public right-of-way
as recorded in Public Records of Palm Beach County.
In order to make the fullest practical use of the James property,
we respectfully request that an abandonment be granted."
/S/ J. CLINTON SCOTT Att'y.
On motion of .Commissi. oner Campbell and seconded by Commissioner
.~Varren, ~t.he Council unanimously approved'referral .of this request to
the Planning Board for study and recommendation, w~th the understand-
ing that the Council does not intend that any lands be land-locked.
On motion of COmmissioner Warren and seconded by Commissioner
Campbell, .the Council unanimously agreed that the. 'Request' of Mr.
T, M. O,Neal for dedication of a 40 foot R/W lying west of. the F.E.C.
RR~, and south of S.E. 4th Street be referred to the Planning Board.
City Manager Lawson then. read the following Resolutions:
RESOLUTION NO. 11S$.
A RESOLUTION OF THE CITY COUNCIL AMENDING SECTION
ONE (1) OF RESOLUTION NO. 1110 REQUIRING PLANS,
SPECIFICATIONS AND ESTIMATE ~OF COST FOR CONSTRUC-
TION OF STOBli DRAINS IN SECTION "J" AS SHOWN ON
STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868, TO-
GETHER ~ETH THE INSTAL .LATION OF CATCH BASINS, MAN-
HOLES AND APPURTENANCES IN CONJD~CTION WITH SUCH
STORM DRAINS.
RESOLUTION NO. 1134.
A RESOLUTION OF THE CITY COUNCIL AMENDING SECTION
ONE (1) OF RESOLUTION NO. llll REQUIRING PLANS,
SPECIFICATIONS AND ESTIMATE OF COST FOR CONSTRUC-
TION OF STOP~.~ DRAINS IN SECTION "K" AS SHOWN ON
STORM DP~INAGE SYSTEM SURVEY FILE T.F, 1868,~ TO-
GETHER ~VITH THE INSTALLAT~ION OF CATCH BASINS, MAN-
· HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH
STORM DRAINS.
RESOLUTION NO. llSS.
A RESOLUTION OF THE CITY COUNCIL AMENDING BENE- .
FITED AREA AS SHO~N IN RESOLUTION NO. lll$ ORDER-
ING THE CONSTRUCTION OF STORI,~ DRAINS IN SECTION
"J" AS SHO~VN ON STORM DRAINAGE SYSTEM SURVEY FILE
T.F. 1868, TOGETHER WITH THE INSTALLATION OF CATCH
BASINS, NAN-HOLES AND APPURTENANCES IN CONJUNCTION
WITH SUCH STORM DRAINS.
J~rL~ 2~qth,
RESOLUTION NO. llSS.
A RESOLUTION OF THE CITY COUNCIL ~NDING BENEFITED
AREA AS SHOWN IN RESOLUTION NO. lllA ORDERING THE
CONSTRUCTION OF STORM DRAINS IN SECTION "K" AS SHOWN
ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868, TO-
GETHER WITH THE INSTALLATION OF CATCN BASINS, NAN-
HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH
STORM DRAINS.
Commissioner Campbell moved that Resolutions Nos. llSA, 1155, 1158
and 1155, as read by the City Manager, be ~assed and adopted on this
first and final reading. Motion seconded Dy Commissioner Warren and
unanimously approved.
The City Manager read the following "Report" from the Planning
Board, dated July 25th, 1958:
"A deviation in set-back has been requested for Frank To Hearst,
owner of the no~th-east corner of the intersection of NoW. 2nd Street
and N.W. 8th Avenue. The lot, 50' x 1SS' lies parallel to N.W. 2nd St.
Being a lot of record with less than 80 feet in frontage on N.W.
8th Avenue, a 15 foot set-back is required.
Permissio:~ is requested that an open porch roof be allowed to pro-
ect four (4) feet into the 15 ft set-back on the south or N.W. 2nd
treet side.
This will provide the owners a cover from the front door to ga-
rage and will not be a hazard to public safety.
The Planning Board, five members being present, unanimously
recommend th~. deviation be granted."
PLANNING & ZONING BOARD
On.motion of Commissioner Campbell and seconded by Commissioner
W~rre.n, the Council unanimously approved the recommendation of the'
P~annxng Board and directed that the request of Mm.'& Mrs. Frank To
Hearst, as outlined in the above Report, be granted.
Commissioner McNeece moved that Bills in the amount of $85,$~4.29,
a~ submitted by the City Manager, be paid subject to the approval of
t~e Finance Committee. Motion seconded by C_~mmlssioner Warren and
u~animous ly passed.
On motion of Commissioner Campbell and sec.onded by Commissioner
VArren, the Coun.cil unanimously approved gra.nt~ng the Country Club
p~missio~l to utmlize a structure mn connection with the electric cart
r~pair building, which structure, at one time, was a house trailer
b~ which, by recent alterations, has, in effect, ceased to be a trail-
e~, and directed that electrical permit necessary for operation there-
o~ be issued. This action was taken by the Council with the under-
s~anding that no precedent is hereby being established for remodeling
of trailers, and the City Manager w~s requested to discuss any'possibl
l~gal technicalities, relative thereto, with the City Attorney.
Mrs. Anne M. Pfun&ston, part owner of the Professional Building,
r~quested the assistance of the City Council relative to improper
e~ectrical work having been done in the Professional Building whi.ch
N~s. Pfundston alleges to ha~e .beem improperly inspected and not mn
a~cordance with the City or National Codes.
On. motion of Commissioner Campbell and seconded by Commissioner
~rren, the Council unanimously agreed that the Cit.y Manager be re-
quested to make a thoroush and complete study of thms.matter and sub-
m~t a Report of his findings at the next regular meet~ng~
Commissioner Campbell reminded the Co.uncil that Do~s,.being al-
l~wed to run free on the Beach, were causing a very unaes~rable condi-
tion thereon and moved that the City Manager be requested to advise
5-7-
the Police Department to enforce Sec. Chapter 5 of the City Code
~f Ordinances. Motion seconded by Comm~ssioner Warren and unanimously
approved.
o~m~ aSth, m~58. 131
City Manager Lawson read the following letter:
FLORIDA GOSPEL PIONEERS, INC., 7-22-58
"We have a oontract for the purchase of Lots 526, 527, 528 and
529 in the second section of Tropic Palina Subdivision, for the erec-
tion of a chapel. As this is a residential zoning we understand it
will be necessary that we have a variance. It is our understanding
that a variance will be issued in cases of this kind if proper off-
street parking arrangements are made.
Preliminary plans for the chapel are now available, together with
plot plans shew.ing the.parking arrangements, and we are enclosing the
plot plan herewith.
Your early consideration of this will be appreciated; We shall
be most happy to give any further information you require.
/S/ Frank C. Conlon Ch'man.
The Council unanimo~usly agreed that this reguest again be referred
to. the Planning Board for study and recommendation.
MEETING ADJOURNED.
R.. D. WORTHING