12-22-58 Decembel~ 22ND~ 1958.
A 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 Jo
LeRoy Croft in the Chair, City .Manager V~. E. Lawson Jr., City Attor-
ney Ha~ry T. Newett and Commissioners Col. Dugal G. Campbell, Fred B.
McNeece and George Talbot Jr.
An opening prayer was delivered by City Manager ~7. E. Lawson.
On motion of Commissioner McNeece and seconded by Commissioner
Warren, the Council unanimously approved the t/inutes for the Decem-
ber 8th Meeting.
The Council, on motion of Commissioner Campbell and seconded by
Commissioner Warren, agreed to set aside the usual Agenda procedure
for discussion of Tropic Palms Water and Sewer problems.
Mr. Henry J. Mellon, President of South Coast Development
and Tropic Palms, Inc., informed the Council of having spent the day
with City Attorney Harry Newett concerning preparation of a ~.~ater ·
Agreement. and an Agreement relating to the .Sewer System, as proposed,
for Sections 2, 3 and 4, of Tropic Palms S/D. .
Mr. Mellon further stated that there appear no d~fferences of o-
pinion or required revisions in the V~ater Agreement, as he and his
associates are in ac.cord with the agreement terms thereo.f, reque.sted
b.y the City and outt~.ned by the .Attorney, and which are in compliance
w~th terms and conditions of Ordinance No. G-277.
Concerning the Sewer utility system, Mr. Mellon cited the fact
that, in accordance with certain terms of the proposed agreement,
the City is taking no risk in ultimate purchase thereof, in as much
as such purchase is not to occur until the system becomes a paying
prop. os~txon, and .such p.ur.chase to be made, e.ub~ect to r. easonable val
uat~on of the. entLve ut~lxty system by qualified app.ra~sers.
The Councxl agreed on suggestion and recommendatl.on of Commission~.
er Campbell that, in a new propose~ agreement concerning the Sewer
System, provision for purchase renewal option after 30 Mrs be m~de
and incorporated there~n.
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, .the Council unanimously approved auth.orizing the City M_ana-
g.er and City Attorney to draw.an instrument which it is.hoped will be
f~nal agreement between the Cxty and Mr. Mellon & Associates concern-
Sewer facilities in Tropic Palms and to arrange for presenting such
roposed agreement to the City's f~scal agent - Van Ingen & Co - for
heir consideration and com~ ent whxch shall be reflected in a Report
to be furnished the Council for final action thereon.
Mr. William V. YcKinney accomapnied Mr. Mellon and agreed that
the City should have reasonable access to the Utility company s boo~s
of record in aiding appraisers, together with the City's auditor, in
determining a fair valuation .of such utility system for purchase pur-
poses as recommended by the Cxty Manager.
Vice-l/ayor McNeece informed the Council and press of efforts
bein~ made to Organize a "Tri-County Governmental League" to be com-
posea of-muniCipal and county governments in Brovard, .Dade and Palm
Beach Counties. Mr. NcNeece further advised of a meeting having been
held on December 15th, in Hollywood: for discussion concerning con-
stitution .and by-laws, 'and of a comng meeting to be held on January
9th, also ~n Hollywood.~. It is believed such an organization would be
a benef.itting legislative group for said Counties and all municipal-
ities w~ thin.
The Vice-Mayor, having been appointed a member of the 'Steering'
Committee at the initial meeting furthe, r advised of the intent to
obtain the. membership and supporting a~d of the Fl.orida League of
Y.unic.tpallties, and that cost of. ultimate membershxp, for each muni-
o~pahty woul~ approximately be $150.00 per year.
DECEMBER 22nd, 1958
City Manager Lawson then submitted the following BIDS received
One (1) NEW $?4 to 1 Ton 4-~eel Drive Pick-Up Truck per Specifica-
tions furnished by the City:
Adams Chevrolet Co~any $ ~, 87S.80
~N~.Coy's Garage (Willys) 2,218.14
Miracle Mile· Motors, ~nc. 2,284.10
~Jallace Ford, Inc., 2,489.21
The City Manager further informed the Council that this Pick-Up
Truck is intended to replace Fire Department Truck ~8, which truck
the Del-Trail Fire Department desires to purchase.
On motion of Commissioner McNeece and seconded by Commissioner
Campbell, the Council unanimously approved awarding of purchase con-
tract to the low bidder, namely MoCoy's Garage of Lake Worth, in the
amount of $2,218.14.
Commissioner Campbell then moved that the City Manager prov. ide .
for preparation of a Resolution, in compliance with Section 7 (2) (b)
of the City Charter, to propo.se the Sale of a surplus 1951 Dodge
Power Wagon, of one ton capaclty~ to Trustees of Del-Trail Volunteer
Fire Department and direct City Clerk to give notice 'thereof by ad-
vertisement, such sale to be in the amount of $1,000.00 cash, and
further that the balance of $900.00 due on the old 19S6 Dodge Truck,
purchased from the City in June of 1957, as surplus and discarded
equipment, be cancelled. Motion seconded by Commissioner McNeece
and unanimously approved.
Commissio.ner Campbell sta.ted that an erroneous impression had
been created in pastpublicatlon of discussion concerning a possible
expenditu.re of $S50,000. for c.onstruction of a City Hall and Jail,
and that ~t had only been the zntent of the Council to preserve the
proceeds of the sale of the City Golf lands and improvements thereon
~n order that a proposed and badly needed City Hall and Jail might be
~ealized to the extent of neces.sary funds therefrom, and further,
that the City should go ahead with its present plans for such con-
struction, as determined at the preceding Council meeting, and call
in architects for the purpose of.forming preliminary plans and ideas
of such construction with qualifzed architects from, not only Delray
Beach, but the general area.
On motion of C~tssioner Talbot and seconded b.y Commissioner
Campbell, the Council unanimously agreed that the City ManaEer be
cuested to obtain the procedure followed by Ft. Lauderdale in launch-
nng~ their project..f°r the. New Jail and Court House Buildings, and
proceed along smnzlar lznes.
City Manager Lawson then submitted a request, dated December 9th,
from Neil E. MacMillan, for the rezoni.ng of Lots 1 thru 10 inclusive,
in Block 4, SOUTHRIDGE, from R lA to C 2.
On motion of Commissioner Campbell and seconded by Comm_~ssioner
McNeece, the Council unanimously approved referral of this r~quest ,.
~o the Palnning & Zoning Board for public hearing to be prov±ded~
~he City Manager also submitted a "Request" received from Richard
T. Hanna, for the rezoning of Lot §, Plat of Anderson Block, from
R-IA to C-2:
The. Council, on motion, of Commissioner Campbell and seconded by
Commissioner McNeece, ~muanlmously agreed that such request be ~eferred
to the Planning & Zoning Board for study, public hearing and recom-
mendation.
City Manager Lawson presented a request received from Nm. Ray°
Bonnell, who, on behalf of property owners, of Lots 18, 18, 17, 18,
19, 21, 22 a.nd 25, in Block ?~, desire paving of the SO ft strip be-
tween the railroad and S.E. 2nd and Srd Streets and said parcels of
land identified herein, which owners have agreed to pay the entire
cost of such paving improvement as abutts their properties. This
only leaves two lots abutting on the west side of the SO' strip, name-
ly Lots 1 and 20, and the F.E.C.RR on the east side of said strip, as
not having joined in the request. There has been no objection from
Lots 1 aha 20' the F.E.C.RR, however, does not feel that such improve-
ment would, in any manner, benefit their property.
Following general discussion as to past and present policy for
improvement of rights-of-way and the sharing of cost thereof, and fur-
ther, in compliance with Section 188 of the City Charter, which, in
part, provides for authorizing special assessments upon properties in.
proportion to the benefits resulting from such improvement, the Coun-
cil, on motion of Commi.sstoner McNeece and seconded by Commissioner
~arren, requested the City Manager to prepare a Resolution, as step
number one, requiring plans, specifications and estimate of cost for
improvement of the 50 ft strip referred to herein.
City N~nager. Lawson then pres. ented.the Request from Att'y. Nell Eo
MacMillan, relative to the Glenn Moore Hertz, and the John M. Kabler,
Jr., properties, concerning possible annexation thereof, which lands,
of approximately 28 acres, abuts the southern city limits and proposed
State Road 9.
On motion of Commissioner McNeece and seconded by Commissioner
Talbot, the Council unanimously agreed on referral of this request to
the Planning and Zoning Board for study and recommendation.
The City Manager then read Ordinance No. G-SOl:
AN ORDINANCE OF THE CITY OF DEIRAY BEACH,
FLCRIDA, RELATING TO THE BUILDING CODE; A-
MENDING SECTION 9-1 CF THE CODE OF ORDI-
NANCES BY PROVIDING FOR ADOPTION OF 1957'
1958 REVISION OF THE SOUTHERN STANDARD
BUILDING CODE.
Commissioner Campbell moved that Ordinance No. G-SO1 be passed and
adopted on this second and final reading. Motion seconded by Commis-
sioner Talbot and unanimously passed.
C.ity Manager Lawson then read the following 'Reports' from the
Planning Board:
1. RE: Use of R-S Lots for Parking in Del-Harbor S/D.
Totterdale Development, Inc., under date of December 12th, has
asked if R-S 19ts .in Del-Harbor may be used for parking:
While the ~nqtury concerns certain lots, which are ~n the city on
the west side of A-l-A, to be used by The Barri~nston Apartments on the
opposite side of the highway, our board has stud~ed this from a city
wide point of view.
Our Board finds nothing in the Zoni.ng law, which would prohibi.t
the use of R-S for apartment house parking for nearby apartments, ~n
or out of the city.
PLANNING & ZONING BOARD
By Andrew L. Fabens, Chairman
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, the Council favored acceptance of the Planning Board's Report
and filing of same.
2. RE: Offer to Sell Lot 28, Block 40, to the City.
"On December 8th, you referred Nr. Poorbaugh~'s letter of November
20th to us for recommendation.
While our board has no plans for the future of the west half of
Block AO, we commend the purchase as the city owns all the rest of the
west side, except lots l, 2 & S which comprises the north west corner.
PLANNING & ZONING BOARD
By Andrew L. Fabens, Chairman
S
Commissioner Campbell moved that the City Manager be authorized
to negotiate wSth Mr. Carl Poorbaugh for the purchase of Lot 28, in
Block .40. Motion seconded bY Commissioner McNeece and unanimously
approved.
City Manager lawson submitte.d the.following opinio.n from the City
Attorney RE: Method of F~nanc~ng Sidewalk Repairs.
The sections of the City Charter applicable to the foregoin~
question, r.eferred to me are: Section 7~); the third "phrase" o~ Sec-
tion ? (19); and particularly Section 178.
of del
The repair . ~ects in sidewalks is a corporate functio.n, for
the ab.use of whxch, %y the negligence or wrongful conduct of ~ts a-
gents xn the course of their reg.ula.P employment, the city is liable.
Woods v. City of Palatka, 63 So.(2d)6~8. A~xl, generally speaking, un-
less there be a legislative act or statute providing for benefits de-
rived from repair of streets, sewers, or drains, or for replacement
thereof, or for repair or replacement of sidewalks, after assessment
has be.eh made according to law. for benefit derived from original con-
struct~on or improvement, specks. 1 assessments may not be made. 1957
opin_ion of Attorne~ General 05.7 208.
However, by virtue of Seetxon 176 of our Charter, the City may re-
quire abbuting property owners "to construct, build or reps.ir a side-
walk foot pavement', and upon default by such owners, th.e c~ty may
cause th.e ~work to.he.done and assessed against the abutting owners;
or the Cxty Council may also cause sidewalks to be constructed and
provide for payment therefor as otherwise permltte~ in the Charter.
It would therefore appear to be a policy decision as to whether
the city should pay "repilr" costs or assess them against a~utting
owners,
As a matter of incidental information, I .m~ght mention the opin-
~1 2,
ion released by the Florida Suer.omo Court Apr 1958 involvin~
the City of Miami, entitled Miam~ v. Ganger, et al, 101 So(2d)ll~.
In this case the City of Miami levied assessments under its charter
~rovision.(almost identical with DelraYs) for costs of "Repaying" or
Resurfaczng" streets. By a four to t~ree decision, the court held
such assessments valid and cellec~ible, (but the menority held Miami
had no
· . righ~ to'levy the assessment for such purposes under its ex-
xs t ~ng. Charter).
Thxs latter case is not applicable to the q~estion except to
demonstrate that the authority must be clearly set forth in our Char-
'ter to make an assessment.
/S/ HARRY T. NE~TT
The City .Man~.ger in%ormed the Couacil that the Direetor of Public
V~orks had estimated a cost of repair of the badly needed sidewalk
~epairs to be $4,600., and approximate $A,500. cost for the repair of
lesser damaged sidewalks.
On motion of Commissioner Campbe. ll and seconded by Commissioner
McNeece, the Council agreed teat thxs matter be tabled until such
time as the City Ma.nager submits a detailed Report of needed Sidewalk
Repairs with an estimated cost thereof per each Block.
City Manag.er Lawson advised the Council that the developer of
"Ps.lin State Hexghts" S/D has furnished a Performance Bond, in lieu of
~treet
immediate ~ p - ·
im rovem~nts therein, approved by the D~reoto~~ of
Public Works and City Attorney, for which, approval of the f~nal plat
was made sub~ect by the Council at a regular meeting h~ld ou August
~Sth, 1958.
On motion of Commissioner McNeece and seconded ~y Co~missioner
Campbell, the-Council unanimo.u.s, ly approve~ ~.aym_en't ~.:.~ , ills in the
amount of $28,987.85, as submitted, by'the C~ty ~:.~a;' ~:,~ subject to
the approval of the Finance Committee.
DECEMBER 22nd, 19~8. ~i~
On motion of Commissioner Talbot and seconded by Commissioner
~cNeece, the Council agreed that the matter of dedication for road
right-of-way purposes through S.E.. Qua.fret oi Section 18, be tabled
until it has been determined who ~s building the road and that no
portion of the cost thereof shall be assessed against the abutting
property owners.
Cot. missioner ~cNeece moved that the proposed Agreement.with the
Florida Power &.Light Company, which replaces the many individual
'Agreements' exlst-~ng, and provide for future additions thereto, be
executed by the City of Delray Beach, Florida. ~otion seconded by
Commissioner Campbell and unanimously passed.
On motion of Commissioner Campbell and seconded by Commissioner
NcNeece, the Council unanimously agreed on denial of request from
Mr. Charles Justus Wick for adjustment of the 1988 ad-valorem Tax
Bill on Lot 1 and' the E 88.68' of Lot 2, Block SA, lAKE VIET~ HEIGHTS,
Tax Bill No. 4778.
C~ty Manager Lawson read the following letter received from
~{uniclpal Judge John C, ~Villiams:
"In line with the Christmas Spirit and the holiday season it ap-
pears to me that it would be fittings for the City to release at this
ime from custody .~uch prisoners who W6uld be entitled.to be re-
leased between Christmas Eve and January 1st, and I would recommend
that the remainder of their sentences from this date be suspended.
I have discussed this matter with Chief Croft, who feels as I do in
this connection, and he advises that there are only three prisoners
who would be so. qualified for suspension."
~Yith best w~shes for a happy holliday season, I am
/S/ JOHN C. WILLIAMS
i~unicipal Judge.
Commissioner Warren moved that the recommendation of Judge John
C. ~illiams, as outlined in letter shown above, be accepted and
such sentences as specified be suspended. Notion seconded by Com-
missioner Campbell and unanimously approved.
The City Manager and Director of Public ~7orks were designated by
the Council to determine the proper clearing of lan~s affected by
the various drainage pro S'ects in l~Jard. I which will. permit final pay-
ment to the contractors concerned upon such satisfactory report by
the City Manager to the Council.
On motion of Commissioner McNeece and seconded by Commissioner
Campbell, the Christmas Bonus of one day's pay to each City Employee,
as recommended by City Manager Lawson, was approved by the Council.
. The City Manager was toques.ted to seek crossing gates installa-
tion by the S.AoL. RR., where sa~d railroad crosses r~ghts-of way
within the City limits.
Commissioner Campbell expressed his sincere appreciation for the
privilege of serving on the Council, for the co-operation and court-
es~es ox the Commission Members, and to the Press, and apolog.ies to
all who may have felt offended by his actions and comments which, at
all times, were made in the interest of the City.
On motion of Commissioner Campbell and seconded by Commissioner
V~arren, action takem by the Council, earlier in the meeting, on mo-
tion by Commissiomer. Campbell, relative to Planning Board Report of
December 17th, relatxng to use of .R-S Lots was rescinded and further
consideration thereof deferred untxl such time as clarification of
Section 12, O~dinance G-2S4, a.s relates to Parking Regulations, is
furnished the Council, by unanimous consent of the Council.
$
DECEMBER 22nd, 1958.
With reference to action requested by .the. Council at the regular
meeting held on D.ecember 8th, concer.ning.hmxted acc.ess to N.W. 4th
Street and violations thereof, the City Attorney adwsed the Council
that he doubted the legality of. enforcing such de.mands. The Attorney
did beli.eve, however, that possxbly, .by ~oint action with the County,
such limAted access might be legally controlled.
On motion of Commissioner Talbot.and seconded bY .Commissioner.
McNeece, the Council requested the C~ty Manager and C~ty Attorney to
review,, in chrono.logical order, the actio, n taken b.y .the City Council
concernxng declarxng N.W. 4th Street subject to "L~mmted Access", and
submi.t a Report of .~h.eir study, to the Council: in the meantime re-
questing a legal, open, on relative to such actxon from the Attorney
General's Office, as well as to contact the previous Council Members
and obtain from them an expression, reflecting, e.ach Member's "Intent"
as to action taken by them on the xssue of 'L~mxted Access' to N.W.
4th Street.
R. D. WORTHING
APPROVED: '-' ~ Ci'~y clerk
1