08-25-58 139~
AUGUST 2$TH, 1958,
I Regular Meeting of the City Council of the City of Delray Beach,
Florida, was held in the 'Council Chambers at 7:30 P.M., with Mayor J.
L.eRoy Croft in the Chair, City Manager W. E. Lawson Jr., and Commis-
sioners Col. Dugal G. Campbell, Fred B. McNeece, George Talbot Jr.,
and George V. Warren being present.
An opening prayer was delivered by Reverend J. W. Swanson.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Warren, unanimously approved the minutes for the Council
meeting of August llth.
City Attorney Harry T. Newett informed the Council that Seminole
Construction Co. of Ft. Lauderdale, who had been awarded the Contract
for Storm Drain Construction in Section "D" and had commenced instal-
lation, have filed Bankruptcy proceedings. . .. _
The City Attorney further adv.ised the Council that "Peerless
surance Company" bound unto the City of Delray. Beach for the full
mount of the Contract, namely $18,406.95, by.virtue of having exe7
cuted the 'Performance Bond' on behalf of said Seminole Construction
Company, have declined, verbally, in conversation with him, to be held
liable for said full amount of Contract, and offered $7,$00.00 Cash
to be relieved of further responsibility in connection therewith.
t~. Reed, representing Brockway, Weber and Brockway, was present,
and together with Director of Public Works Mark Fleming, felt that a
possible study of the Contract and relating circumstances might be
sufficient cause for consideration of a compromise with the Surety
Peerless Insurance Company.
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, the Council unanimously approved that no consideration of a
deal with the Bonding Company be made and that the City Manager and
City Attorney be requested to notify the said Peerless Insurance Co.,.
of its obligation in accordance with the terms and conditions as con
tained in the Bond, and to take such action as is deemed legally pos-
sible to require the Bonding Company to fulfill its obligation.
City Manager I~..wson advised the Council the need .for increasing
water meter "Deposits" to. aid and improve.the collectxon of delin-
quent water accounts, and read the following:
EMERGENCY ORDINANCE G-296.
AN EMERGENCY ORDINANCE RELATING TO WATER SERVICE AND REG-
ULA TIONS, AMENDING SECTIONS 27-4, 27-5 (a) and (b), and
27-7 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA; PROVIDING NEV~ SCHEDULE FOR WATER DEPOSITS; REVIS-
ING REGULATIONS FOR RENDITION AND PAYMENT OF WATER BILLS;
PROHIBITING UNAUTHORIZED PERSONS TbP~NING ON ~:~ATER SERVICE;
PROVIDING PENALTIES AND RULE OF EVIDENCE; AND REPEALING OR-
DINANCES IN CONFLICT HEREWITH.
(Detailed Ordinance ON FILE in Clerk's office)
The Council, on motion of Commissioner Campbell and seconded by
Commissioner Talbot, unanimously Passed and Adopted Emergency Ordinance
No. ~-298 on first and final reading.
The City Manager then informed the Council of the recent destruc-
tion, by fire, of .the City's asphalt maSntenance kettle, due to .bo.il-
ing over, .and subm~.tted the followingB~ds received, further advlsxng
the CoUncil of having received $900.00 from Insurance coverage on
the loss by fire:
AUGUST 25, 19~$.
AEROIL PRODUCTS C0. INC., Aeroil) $ · 699~00
FINLEY, A. E,, Aeroil) 1~100;00
FLOPs!DA E0.UIPMF,~ CO., Model "S") 1~227;00
LLEWELLYN NLACHiNERY CO., Littleford) 1~201,80
NEFF ~ACHiNERY CORP., Chausse) 1~055~00
SQUARE D~.L EA¢~t!INERY Rosco) i,018.75
On-motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously approved the purchase of the Little--
ford as recommended by the City Manager and Director of Public Works,
and authorized transfer of $S01.80 from Unappropriated Surplus to
cover the difference in cost of the Littleford Kettle and Insurance
payment of $900.00.
The City ~nager informed the Council of having received Bids for
Storm Drainage Construction in both Sections "J" and "K", as follows.~
"J" "K"
BlaCkwell & DeGouw $ 25~451.10 $ 19~045;75
Dargel Construction Co., 24,862;50 20,887;00
Florida Utilities Constr. Co., 21,456.25 15~054.50
Hardrives, Inc., 20,863.85 17~519,$7
Oneman Engineer~ing Co., 25,437.20 19,~478.25
Commissioner McNeece moved that contract be. awarded to Florida
Utilities Construction Corp., for the combination of both bids in
total amount of $$6,510.75, representing an approximate $1800.00 de-
crease in cost from the combined bid of other bidders. Motion was
seconded by Co~m~i.'ssio.ner Talbot.
A general d~scuss~on followed with representatives of Hardrives,
Inc., who pointed out that individual Sealed Bids had been requested
by the City of Delray Beach for the .storm drainage projects and felt
that award of contract should accordingly be made to the low bidder
of each ~.~rovement.
The C~ty Manager reminded the Council that Florida Utilities Con-
struction Corp., would only accept award of both "J" and "K", and the
previous motion of Commissioner McNeece, together with its second by
Commissioner Talbot was withdrawn~
On motion of Commissioner McNeece and seconded by Commissioner
Talbot, that award of both Contre~cts to the low bid received from the
remaining bidders be made. to Nardrives, Inc., "J" in the amo.u~t of
$20,885.~8 and "K" amounting to $17,519.87, subject to Counczl ap-
proval of Performance Bond, Call of Roll result.ed in Commissioners
NcNeece, TaIbot, Warren and Mayor Croft voting ~n favor thereof and
Commissioner Campbell being opposed.
Mrs. William Pfundston again requested of the Council further con-
siderat.ion of her claims to violation.s of the City electrical Code
amd actions of the inspectors concerning certain developments of her
Professional Building, and having, 'as she believes, been given false
reports from the inspectors office.
On the request of Commissioner Campbell, the Council unanimously
agreed that the City Clerk should make available to Mrs. Pfundston
all records of the City, as desired by Mrs. Pfundston, durinE working
hours of the City Hall and within reason.
The City Manager was requested to check on possibility of false
information or inc~plete data having been furnished Mrs. Pfundston,
and to advise the Council of his findings.
Commissioner Campbell moved that Mrs. Pfundston be given the City
Attorney's suggestion as to employment of legal counsellor and act
upon it as she deemed necessary and that the Council continue further
study of other matters concerning this issue. Motion was seconded by
Commissioner McNeece and upon Call of Roll Commissioners Campbell
and McNeece voted in favor thereof, Commissioners Talbot, Warren and
Mayor Croft being opposed.
AUGUST £~, 1958
City ~ana§er Lawson submitted the Beer Application of ~lr. F. W.
Berens for sale of Beer in the Bowling Alley Building now being con-
structed on S.E. 1st Avenue, and informed the Council of having re-
ceived written complaints in protest of such proposed sale of beer
from the following persons;
Nr. & Nfs. P. N. ¥~'olfe, Dr. Arthur R. Charlesworth, Nary C. & John J.
Schabinger, N~s. Bert Barnhart, ~lr. & ~[rs. L. }~. Shreve, ~irs. L. L.
Peters, Nr. & Nfs. B. C. Heeren, Nfs. J. R. Roy, J. Gilbert & Illa ~I.
Dresser, Nr. & Nfs. Stanley Penny, Jean & Kenneth A. Poos, Nr. & Nfs.
Noore T. Knox, and Er. & Ers. Harold Sanderson.
Protests to issuance of such a permit were offered from the floor
by Nfs. A. J. Nichael, Er. Allen, Ers. Burkhardt, Ers. Anderson, Er.
J. Pignato and a written protest from the Womens Club of Delray Beach.
.Rev. Arthur R. Charlesworth read a protest for such permit from
the Nznisterial Association of Delray Beach, and further stated that
he had made every, effort to arrange for conference with Nr. Berens
but had met with no success.
Rev. J. %?. Swanson of the Baptist organization, together with
the Pastor of the Presbyterian and the St. Paul's Church also voiced
the protests of their respective groups to such permission being
granted.
Commissioner Campbell, in extending a welcome to the builders and
investors of the new Bowling Center and assuring ~@, Berens of the
t'ewus support in the bowling activities therein, moved that the ap-
plication be tabled for study and further investigation. Notion was
seconded by Commissioner ~Varren and unanimously passed.
The City Nanager then read Ordinance No. G-294, informing the
Council that a Public Hearing had been scheduled, concerning sa.me,
following said Ordinance being placed on first reading at the regular
meeting of the Council held on August llth, and subsequent publica-
tion:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEIRAY
BEACH, FLORIDA, LEVYING THE ASSESSNENT ROLL SUBNITTED
BY THE CITY NANAGER OF SAID CITY, CONCERNING THE CON-
STRUCTION OF STORE DP~A_INS ON CASUARINA ROAD IN SECTION
"H-l" AS SHO~ ON STORI~ DRAINAGE SYSTEN SURVEY FILE T.
F. 1868, TOGETHER I~'ITH INSTALLATION OF C~TCH BASINS,
NAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNC-
TION %~iTH SUCH STOP&{ DRAINS.
(Original on file in City Clerk's office)
On motion of Commissioner ~c~ieece and seconded by COmmissioner
Talbot, the Council unanimously approved the' Passing and Adoption of
Ordinance No. G-294 on this second and final reading.
City Nanager Lawson read and submitted the following Resolutions:
RESOLUTION NO. 11~$.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF STORN DP~INS IN SECTION "B" AS SH0%~ ON STORi~
DRAINAGE SYSTM~ SURVEY FILE T.F. 1868, TOGETHER
%¥ITH THE INSTALLATION OF CATCH BASINS, ~N-HOLES
AND APPURTENANCES IN CONJUNCTION WITH SUCH STORN
DRA INS.
RESOLUTION NO. 11~4.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEIRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF STOP&i DP~AINS IN SECTION "C" AS SHO~N ON STORN
DRAINAGE SYSTE~ SURVEY FILE T.F. 1868, TOGETHER
V~ITH THE INST~LLATION OF CATCH BASINS, ~N-HOLES
AND APPURTENANCES IN CONJUNCTION %VITH SUCH STORN
DRAINS.
RESOLUTION NO. 1126.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH,
FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRAINS IN SECTION
"F" AS SHOraN ON STOR~,{ DRAINAGE SYSTEM SURVEY FILE T. F. 1888,
TOGETHER ~ITH THE IN:~TALLATION OF CATCH BASINS, MAN'HOLES AND
APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS.
RESOLUTION NO. 1127.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELtAY BEACH,
FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRAINS IN SECTION
"G" AS SHO~ ON STOR/~ DRAINAGE SYSTEM SURVEY FILE T. F. 1868,
TOGETHER WITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES AND
APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS.
(Original Copies of above Resolutions on file in Clerk's office)
On motion of Commissioner Warren and seconded by Commissioner
Talbot, the Council unanimously agreed on Passing and Adoption of
Resolutions No.s 1128, 1124, 1126 and 1127 on first and final reading,
.Commissioner Campbell moved that in keeping with the
desire of the Council, future bidders on improvement projects shall
have the privilege of submitting a Bid on an e. ntire Ero.up of projects,
break-down of each, or on any one pro,oct. Motxon seconded
showing.
by Commssioner Talbot and unanimously agreed.
City N, nager Lawson then read ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS
~'fITHIN THE CItY OF DELRAY BEACH; PROHIBITING DOGS
FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS
OF DELRAY BEiCH; AUTHORIZING THE IMPOUNDING AND DES-
TRUCTION OF ~OGS; PROVIDING A PENALTY; AND REPEALING
ALL ORDINANCES IN CONFLICT HERE~'~ITH.
(Original Copy on file in Clerk's office)
Commissioner Campbell moved that Ordinance No. G-2~5, as amended,
be placed on first reading and copies of same be made available to
the Press. Motion seconded by Commissioner McNeece and unanimously
passed.
T.he City Manager then submitted the following "Reports" from the
Planning Board:
1, RE: Clarke Runge Addition. 'Excerpt' from Report follows;
"Under zoning o~dinance G-234, Section 15, Par. 5, 'Where a
district boundary line divided a lot, parcel or tract of
land, the use classification of the larger portion may be
extended to the remainder by the Planning Board without
recourse to amendment procedure'."
On motion of Commissioner Campbell and seconded by Commis-
sioner Warren, the Council unanimously approved the recommendation of
the Planning Board that the entire two tracts, comprisin.g said Clarke-
Runge Addition, be considered as one and be designated R $ east of
N.E. 8th AVe., and the official zoning map be so revised.
2. RE: Request of ~. W. C. Williams Jr., for exchange of lands:
Commissioner Campbell moved that the City of Delray Beach accept
the offer of Dr. W. C. Williams Jr., as recommended b.y the Planning
Board, to dedicate, for purposes of R/V~ - the following described
4
AUGUST 2~, 195'8. '1~
parcels of land-
th.e South 28 ft of that part of the V¢~ of Lot 8, Sec. 17-46-45,
lyzng East of proposed S~te Road 9, a~nd
the North 28 f~. of that part of the ~,J$ of Lot ?, Sec. 17-46-42
lying East of proposed State Road 9
IN EXCHANGE FOR
That part of the NE¼ of the SE¼ of the SE¼, Section 18-46-45,
lying East of the proposed State Road 9 and owned by the City
of Delray Beach.
SUBJECT TO the City Attorney determining that such exchange is legal.
Motion was seconded by Commissioner ~?arren and unanimously approved.
8. RE: Request of Florida Gospel Pioneers, Inc., for Permissive Use,
for Church purposes, of Lots 826 to 829 Incl.,Tropic Palms.
On motion of Commissioner Campbell 'and.~seoonded~ by Commissioner
McNeece, the Council unanimously agreed that Public Hearing for said
Request of Florida Gospel Pioneers, Inc., be provided and conducted
by the Planning Board.
4. RE: Planning Board Recommendation for certain Street Name Changes;
On motion of Commissioner Warren and seconded by Commissioner
Talbot, the Council unanimously approved the following Street Name
Changes as recommended by the Planning Board:
Bellview Way and Spofford Street to S. W. 9th Street.
Sunapee Street to S. W. 9th Court.
Mango Drive to S.W. 2nd Avenue.
8. RE: Plat of Palm State Heights & Planning Board Report 8/22/58.
On motion of Commissioner Campbell and seconded by Commissioner
Talbot, the Council unanimously accepted the recommendation of the
1D 1! II '
· lanning Board and approved the Plat of Palm State Hezghts subject
to NO CHANGES being reflected on the ultimate 'Tracing' from the plat
referred to herein, and further subject to the recommendation of the
Director of Public ~Vorks that the Developer thereof place on deposit
with the City of Delray Beach, which monies shall be placed in escrow,
an amount equal to one-half the cost of paving S.~4 Ath Avenue as it
bounds said Palm State Heights on the west, to be held until such time
as it is deemed desirable to perform the pavin$ of said R/V~ and a.ssess
the abutting property owners on the westerly szde thereof for their
proportionate sha~e of said paving costs.
.. Commissioner Talbot moved that the request of the Seventh Day
Adventists for construction of a Church at N.~.~[. 2nd Street and 6th
Avenue be referred to the Planning Board for study and recommendation.
Notion seconded by Commissioner ~¥arren and unanimously passed.
City Manager Lawson submitted, to the Council, the report from
the City Attorney concerning the complaints recently presented by Mr.
Alex Cecil, relative to truck parking and issuance of occupational
licenses in residential zones.
Commissioner Campbell moved that the City Manager and the City
Attorney confer with the Planning Board and Mr. George Simmons who
is expected to be in the City, for study and clarification of the pre-
sent Occupational License Ordinance and other controls gover~ing the
lice. nsing of business acti.vities with only a residential address.
Motzon seconded by Commisszoner Talbot and upon Call of Roll - - -
Commissioners Campbell, Talbot, ¥,rarren and ~ayor Croft voted in favor
thereof, Commissioner MoNeece abstaining.
AUGUST 25, 1958.
On motion of Commf_ssioner Talbot and seconded by Commissioner
Warren~ the Council unanimously approved ~.a2ment of Bills amounting
to $88,85?.88 subject to approval by the ~-~nance Committee.
The City Manager presented a Petition received .from Mr. Ray
Bonnell, of Bonnell Realty, signed by four of the f~ve property owners
in the east-half of Block 75 who are desirous of having the thirty~
foot R/~V on the east side of the Blcok m~de usable.
Commiss loner Campbell .moved that the City Manager and City Attor-
ney do all possible to obtaxn consent o.f the F.E.C.RR, as abutting
property owners, to share their proportionate part of the cost for
su.ch street i?~rovement, and if foun.d not to be in .keeping with the
Railroad's policy to suggest to the .~nterest.ed parties that 1.or owners
on the west side of this $0 foot dedicated r~ght-of-way take ~t upon
themselves to pr.ovi.de such street opening as is desired. Motion was -~'
seconded by CommAss~oner Talbot and unanimously passed.
On motion of Commissioner Campbell and seconded by Commissioner
Talbot, the Council unanimously approved granting Carver High School
permission to use the football field, north of the Central Fire Sta-
tion, for its 1588 Football Season's. schedule.
MEETING ADJOURNED:
R. D. WORTHING
APPROVED: ~ :, ~.~:~ ~>~,J~.~