08-11-58 AUGUST llTH,
A Regular Meeting of the City Council of the City of ~elray Beach,
Florida, was held in the Council Chambers at 7:30 P.Mo, wlthMayor
J. LeRoy Croft in the Chair, City Manager W. E. Lawson Jr., and'Com-
missioners Col. Dugal Go Campbell, Fred B. McNeece and GeOrge Vo
Warrene
City Manager Lawson presented ~he Council wi~h copies of the pro-
pose~ 1955-1959 Budget, together with ~he Operatlgna~ Calendar con-
cerning Budget p~ep~ration, and on motion of Commissioner Campbell,
seconded by Commm~$1oner McNeece, the Council unanimously approved
the "Time Table" 1n acceptance of the Budget fo~ study, and agreed
that Public Hearing thereon be scheduledfor Friday, August 29th,
as recommended by the Manager°
The City~nager then ~ead the following Report concerning elec-
trical work in the Professional Building on N.E. 4th Avenue:-
TO THE CITY MANAGER August 4th, 1958.
"In regards to ~our requsst for a detailed report about N~s. Wm.
Pfundston's accusations, I will list them as follows;
(1) The request fo~ air*,co~di~ioning equipment to be installed
Sn. the Professional Building Vas denied because:
(a) There are no spare circuits in the existing panels for
air-conditionin~.
(b) THere are no plans of the building showing how many
air-conditioning units will be installed.
(c) There is no information on file in this office indica-
ting the.tgta~ amount of additional power that will be required for
air-conditioning or other apparatus in order to check the increased
load that will be added onto the existinz service ~ables.
(Items (b) and (c) are covered Sy Sec. 13 5 (c) and Sec.
is-4 (e).
The above denials are.not unusual as many buildings in this
area have had to have the service wires changed and circuits added
for additional power requirements.
(2) The plans which were submitted for approval only designa-
ted lighting and se~-~ice to the building,
· Wiring shown on the plans was installed by a licensed elec-
trmcal c~ntractor and was installed acc?ding to the electr$cal code
of the City of Delray Beach and the National Code at that time.
The City Code was changed to its present status and became
effective March 8th~ 1955. The permit for this building was issued
February 1§, 1955.
(3) The statement that a city architect must stamp his or her
plans is a misunderstanding on N~s. Pfundston~s part. The State law
requires that an architect or engineer, registered in the State of
Florida, must sign and seal all plans.
(4) The amount of the permit f? the apartment building ~as in
error and was corrected by this office before the permit was issued.
Very truly yours,
/S/ RALPH A. HUGHSON
Mrs. Pfundston. was present and expressed her belief that considera-
tion, by the City, was due her in correct_ing the present electrical
wiring condition-in the Professional Building to provide current for
additional power.
On motion of Commissioner Warren and seconded by,.Commiasi.on, er .
MoNeeoe, the Council unanimousl[ agreed that no further con.sxderatmon
was warranted and accepted the "Report", submitted by.:~he .Oxty Manager,
and until such time as ~emmit is requested for additional xnstallat~on
that no further, inspeotxon be made.
City Manager Lawson 'read a.letter just receive.~ from Mrs. Julia
.Adams .concerning a char. ge of $100.00 assessed agaxnst Lots 84 and 85
xn McGxnley .& Goaman .S/q) for Lot Clearing.
The Councxl investxgatea this charge.and was assu~ed that proper
procedures had been follow.ed in furnishxng ~he own.er of record wlth
is. gal notices of Lot Clearxng ReQuirements, for w~ich the Clerk's of-
fxce has "Return Receipts"; sufficient time allowed for voluntar~
clearing thereof and f~mally acceptance of.the lowest bid received for
t. he clearing. of said Lots 54 and 55, two b.xds received having been for
$100,00 and_$150.O0, and on motion of Ccmmmssioner Campbell, seconded.
by Commissioner Mc]~ee. ce, unanimously a~proved the assessment as re-
corded,;~ denying any further consideratxon thereof.
f The City Manage~ submitted a req.uest from Dr. W?C. Wi.lliams
or exchange of a small parcel of Cxty owned lan~ .~n Sectxon 17-48-48
for a str.ip of land for. R/W purposes, also in Sectxon 17-4.~-4.~.
On motxon of Commissxoner C_a~pbell and seconded by
McNeece, .the Council unanimously approved ~efer~al of saxd request to
the Plannmng Boar~ for study an~ recon~nendation.
Att'y. J. Ross Adams withdrew a 'Petition' of M~s. Walter W. Ta.ylor
for theopenxng' of an alley in the northern.portion of Block 12~,
the hopes that an amiab.le agree.merit concernxng same may be reached be-
tween the affected part,es withxn said Block 125,
City Manager Lawson then rea~ the following, submitted by Ream-
Admiral Robert F. A. Stu~ds;
FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION
DEDICATED to the Preservation and Development of Shores of Lakes
and Waterways and Beaches in Florida.
DECLARATION OF PURPOSE
The ocean beaches and shores of the lakes and waterways of the
State of Florida co.:~stitute a priceless heritage of its citizens and
core, ties s visitors,.
The compelling ~ecessity. o.f protecting an.~ pres~rying this heritage
is self-evident. 'In recosn~t~on thereof, th~s organization has been
called int. o being. . .
Its objective,and purpose ~s to enlist and unito the aid of all ap-
PrOpr~ate pubhc agenc~s, ~n such manner that their respective
and techniques zay be most efficiently utilized through the media of
planned research in the pr.ccesses of erosion ~.nd ac.cretion, an~ the
formulation ~f recommendat.~ons for a broad legislative program, within
the framework of constitutional limitations for the reclamation and
preservatio~ of these assets.
On moti.~u of Commissioner Warren and seconded by Commissione~ _
McNeece, t~e Council unanimously..favored City of De.l. ray Beach partici
pation, a~ong with .many other cxtxes and towns, in ~Florida Shore and
Beac.h PreServation Aesocta.tion= and authorized the City Manager to
p~ovlde necessary dues of $100.00, from Unappropriated Surplus, for
such te.~tative Beach Preservation Association participation,
AUGUST
City Manager Lawson read a 1.ett.er f~om Roy E. Michael, Jr., pre-
sent Chairman of the County Commission, dated April 2, 1988, concern-
ing proposed actio.n of the County of Palm Beach relative to the pro-
blem of Beach ErosAon as well as the Re-building of. the Florida Beach,
the expense of ~vhich might be provided by a Bond issue. .
The various .an.d to.tal ~.osts of such necessary surveys and ulti-
mately the rehabxllta~t~o.n p.Pogram are indefinite at t.his time, however
the Board of Coun.ty Commissioners has expressed a desmre to be assured
that the restoratmon and future maintenance of the beaches of the
County is of sufficient importance and sufficient public interest to
justify the Board of County Commissioners going further with the plan-
ning of a financial program for bringing this into being, and favor
developing some financial program through a fiscal agent, if sufficient
support can be 'assured.
On motion of-Commissioner Campbell and seconded by Commissioner
McNeece, the Council requested the City Manager to contact the Coumty
Commission making it clear that the City of Delray Beach is definitely
interested in such a program but must have more information as to the
major efforts i.ntended a~d just how will such a project affect the
Tax payers within the County and particularly the Beach areas.
The City Manager submitted and read Ordinance No. G-294.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, LEWYING THE ASSESSMENT ROLL SUBMITTED
BY THE CITY MANAGER OF SAID CITY, CONCERNING THE CON-
STRUCTION OF STORM DRAINS ON CARUARINA ROAD IN SECTION
.. "H-i" AS SHOI~N ON STORI~ DRAINAGE SYSTEM SURVEY FILE
T.F. 1888, TOGETHER WITH INSTALLATION OF CATCH BASINS,
NAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION
WITH SUCH STORM DRAINS.
On motion of Commissioner Campbell and seconded by Commissioner
Warren, the Council unanimously approved Ordinance No. G-294 being
placed on first reading.
City Nanager Lawson then read Resolution No. 1187:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHOR.~ZING THE CITY MANAGER TO PROCEED
WITH THE CONSTRUCTION OF STORM DRAINS IN SECTION "J" AS
SHOV~N ON REVISION TO STORM DRAINAGE SYSTE~ SURVEY FILE
T.F. 1868, TOGETHER ~:YIT. H INSTALLATION OF CATCH BASINS,
MAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION
WITH SUCH STORI~ DRAINS.
(Original' Copy of Res. ll8? is on file in City Clerk's Office~
On motion of Commissioner Warren and seconded by Commissioner
McNeece, the Council unanimously Passed and Adopted Resolution No.
1157.
The City Manager then read Resolution No. llS8:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AD~rHORIZING THE CITY MANAGER TO PROCEED
~VITH THE CONSTRUCTION OF STORM DRAINS IN SECTION "K" AS
SHOWN ON REVISION TO STORM DRAINAGE SYSTEM SURVEY FILE
T.F. 1888, TOGETHER WITH INSTALLATION OF CATCH BASINS,
MAN-HOLES AND ALL NECESSARY APPb~TENANCES IN CONJUNCTION
WITH SUCH STORM DRAINS..
(Original Copy of Res. 11S8 is on file in City Clerk's Office)
Wa On motion of Commissioner McNeece and seconded by Commissioner
rren, the Council unanimously agreed that Resolution No. llS8 be
Passed and Adopted on this first and final reading.
Mr. John A. Thayer informed the Comucil that Seagate residents
realize 'the.impor.tance and need .of proper drainage b,ut. were unani-
mous in their belief .that a.ssesslng .benefited properties for 80 per
cent of the total drainage ~nstallat~cn cost, whereas Andrews Avenue
prop.erty owners were assessed only 66-2/3 % for similar benefits, was
unfair. The Seagat~e residents, however, are meat conce~e~ about an
on of
early completi determined .~rainage improve, ment installations,
The Council requested the C~ty Nanag.er to ~nfo~m Mr. Thaye~., at
the earliest possible date, of the anticipated date of completion for
the drainage project in Section "D".
City Manager Lawson read the following Planning Board "Reports"-
1. The City. Plamu. ing Board comments on the sub-section 9-6 of Ordi-
nance G 285 (Page 13), r.equiring sidewalks..
In view of sidewalks not hawng been required
charter provision 7-3 permits the city to build and assess for them,
we question side-walks being a requirement for approval of sub-divi-
sions.
From a practical angle, in a city which has no storm drainage in most
sections, they can create drainage problems.
Of course, whale the Planning Board may not waive the requirements
except under unusua.1 circumstanc.es, they can always recommend.
Your comments w~ll be apprecxated.
Commissioner Campbell moved that the Plannin~ Board be notifi.ed
of the CoUncil'.s des.ire that the present regulations conmerning s~de-
walks, as contaxned xn Ordinance No. G-285, remain as they appear
therein, but that the Planning Board, when considering proposed sub-
divisions, if feeling that sidewalks are not warranted in certain
proposed developments might so recommend in their'report to the
Council. Motion seconded by Commissioner McNeece.. . '
· Follow.lng a general discussion of the issue, the precedimg mo-
t~on~was w~thdrawn and Co~issioner.Warren moved that the reqt~est of
the Planning Board, concerning Section 9-6, Page 13 of Or~inanee No.
G~28.5, be table~ for further consideration. Motion seconded by Com-
mAss,chef Campbell and unanimously passed.
2. August 7th 1958 RE: Width of 5th Ave - N.E. and S. E
While the State Road Department has not approved the widening of
north and south 8th Ave for future U.S. 1, the following quotation
from a letter written to a property owner by Mr. Pomeroy L. Dunbar,
R/W agent of this County indicates the probable location;
"The proposed r/w of SE 5th Ave is shovm as 60 ft between SE 8th_
and N.E. 8th Streets, and 66 ft between SE 8th and SE 10th Sts., con
toting on the center line of the present street. There will be some
additional r/w required for street returns at the corners of the
blocks."
With this in mind our Board recommends a temporary resolution be
passed directing the building inspector to consider 5th Ave as if .it
were already a 60 ft street, and to re.quire plans submitted to com
ply to such set-backs as would be required in C-1 and C~2 zones from
the probable property line $0 feet from the center line.
Exception to.the above paragraph, is the southern two blocks
where $ ft more ~s added to each side of the R/W, thus requiring a
corresponding $3 ft.distance from center line to property line.
On receipt of fxnal approval by the State Road Department,.
changes in the code will be recommended on both 5th and 8th Avenues.
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, the Council unanimously agreed that the City Manager be re-
quested, with the aid of the City Attorney, to prepare an Ordinance
providing for "Set-baaks" on S.E. and N.E. Fifth Avenue as outlined
and recommended in Planning Board report just read by the Manager.
3. For the Record, the Planning Board reports that the preliminary
plat of Palm State Heights is still neither accepted or rejected.
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, the Council unanimously favored requesting the City Manager
to instruct the Building Inspector to issue NO permits for construc-
tion on East 5th Avenue which would conflict in any manner with the
proposed Ordinance directed to be created under "Item 2" of the Plan-
ning Board Reports appearing on the preceding page hereof.
4. August ?th 1958 RE: Swimming Pools
The Plannin~ Board recommends that a swimming pool ordinance be
drafted in the lnteres~ of safety and to se~ forth certain features
not covered by our zoning ordinance, embodying the following:
A. Any bathing, swimming or wading pool, 18 inches or more.deep,
Portable or Permanent, shall be protected fromunauthor~zed
intrusion by an enclosure, fence, or wall four feet high surrounding
the same or be a suitable plastic or rubber or similar cover to be ap-
proved by the.building inspector.
B. The exterior walls of the actual pool, whether at grade or a-
bove or below grade, shall comply with the building set-backs
off. the zone in which located.
C. Enclosures, fences or walls if not over six feet high may be
set on or within the property line. Those over 8 ft high
shall, be set back ten ft from the pr?party lines along the streets,
and ?~ ft from non-street property hnes and rear property lines, ex-
cept as below:
D. Covered enclosures shall comply with building set-backs in
their zone.
E. Pools shall comply with city regulations and the sanitary
code of the state board of Health.
Consideration should be given as to whether such an ordinance can
be applied to pools already built as the safety factor is essential.
The Council, on motion of Commissioner Campbell, seconded by Com-
missioner Warren, requested the City Nanager to check on the activi-
ties and procedures of other towns and cities concerning this problem
and advise the Council at the next regular meeting, if possible.
8. On motion of Commissioner Warren and seconded by Commissioner
McNeece, the Counpil ~avored tabling the request of Nm. T.
O'Neal concerning dedication of a strip of land ~n Block 1 - Lot 1 in
Section B1-48-4~, as offered by Nr. 0 Neal, for study.
City Manager Lawson presented Bills, in the amount of
for payment, and the Council, on motion of Commissioner McNeece and
seconded by Commissioner Campbell, approved payment of same subject
to the approval of the Finance Cormittee.
The City Nanager submitted an application, received from the
~Building Inspector, to move a frame 4-unit apartment building from
Block 80 across the street to Lot Bg, Block
Building Inspector Ralph Hughson reported that necessary Notices
of proposed re-location of building had been sent to property owners
in the area but that no objections to such project had been received
to date. Nm. Hughson further stated that all building and zoning reg-
ulations and requirements are provided and will be adhered to in the
proposed re-location of said building, whereupon the Council,
tion of Commissioner NcNeece and seconded by Commissioner~arren,
proved the issuance of the necessary permit.
Nr. Alex T. Cecil of ~88 N.W. 18th Street, again pleaded with the
Council that some action be taken to relieve the residential areas
from. becoming a truck parking area,.particularly the heavy equipment ·
type, and felt that there are existing ordinances, which, if enforced,
would relieve the present undesirable situation.
Commissioner Campbell commented that, as expressed on previous
occasions, he felt ~he City Attorney should so notify the City.Mana-
ger if, in his opinion, Ordinances or Ordinance regulating parking of
5
trucks in residential ar.oas were being violated, and that enforcement
of such Ordinance, if ex?sting, should b.e rode .or if considered un.
warranted, a recommendation to the Oounc~l for xts repeal.
On motion of Co..mmisstoner Warren and seconded b~ Comm!ssioner
Campbell, the Councxl unanimously agreed that the. Oxty Attorney be re-
quested to furnish the City .Manager with a lega.1 xnterpretation of
existi.ng ordinances, concernzng truck par.kd?g, zmmediate_ly, and if.
detemmmned warranted, to recog_ftized any vxolAtion thereof and provxde
s~mmons for such violators to be present at the next regular meeting
of the City Council.
On motion of C~ssioner Campbell and seconded by C~ssioner
Warren, the Council unanimously c ~ommended Ju_~ge Jolm C. Williams f.or
his action concerning release o.f certain individuals found guilty ~n _
Court on July $0th, I958, for vxo!ation of the Garbage Ordinance: and
further .for h.is most impartial Report to the Council of said action
as contaxned xn his letter of August llth, on file in the office of
the Clerk.
The Council, on motion of Commissioner Campbell and seconded by
Commissioner Wart.on, unanimou.sly approved acceptance of Judge Williams
report in tts.entxrety, but washed to go on record that the Council
does not consider the sentences too to-ugh and ~that eventual e.nforce-
ment of.th.e O~dinance is to be expected following a grace per?od of
thirt. (~0). days, as recc~w, ended by Judge Williams,. during whxch, per-
~od i~ x.s desired that as muc.h newspaper publicity as is possxble, be
given th~s matter. The Council further wiahed it to be understood
that it will be useless for
· an~ violator to expect the Council or any
Mambe.r thereof to xntercede in his behalf, but that in acceptance of
the Czty Manager' s reco~enda.tion, the City shall provide garbage
collection for individuals being cared for by the Department of Pub-
lic Welfare for the State of Florida.
seconde~.~ Com-
. The Council~ on .motion of Commissioner Warren and b .
m~ssioner McNeece, agreed that the City Manager provide for c e. -
tion of the 'Qu~,stionnaire' from the Florida League of Munictpl~tles,
and to request the opinion of. that Lea~gue relative to their interpre-
tation of the Governor's requirement xor ONE I~D percent (100~)
valuation assessment of property for taxation purposes.
The City Manager then read Resolution No. 1159:
A RESOLUTION OF THE CITY OF DELRA¥ BEACH, FLG~IDA, APPROVING
A WOREABLE PROGRAM FOR DELRAY BEACH, AND DIRECTII~G IT BE FOR-
WARDED TO THE HOUSING AND HOME FINANCE AGENCY.
On motion of Commissioner Campbell and seconded by Commissi. oner
Warren, the Council unan.i?ous.ly approved the Passing and Adoption of
Resolution No. 1159 on this f~rst and final reading. _
City Manager Lawson infomned the Council of the coming Annual
Convention for the "Florida League of Municipalities" tobe held in
Clearwater, Florida, on October ~, 24 and 25th, and urged all those
who might find it possible to attend this meeting,
The Council, having been infommed of the Inte~national City Mana-
ser's Association Meeting scheduled to be held in Dallas, Texas, Octo-
~er~ 19th, 2Otb and 21st, on motion of Conenissioner MaNeece and second-
ed by 'C~_mm~ssioner Campbell, unanimously approved the attendance of
City Manager Lawson at the Dallas meeting.
MEETING ADJOURNED:
R. D. WORTHI]~