05-20-57 147
MAY 20th, 1957.
A Regular Meeting of the City Co,moil was held in the Council
Chambers in the City Hall, at 7:30 P.M., with Mayor George V. Warren
in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry T.
Newett, and the following Co~mcil Members being present; Col. Dugal G.
Campbell and Catherine E. Strong.
An opening prayer was delivered by Col. Dugal G. Campbell.
Commissioner Campbell moved for approval of the Minutes, as
amended, covering the Regular Meeting of May 13th, 1957. Motion sec-
onded by Commissioner Strong and unanimously carried.
City Manager Lawson informed the Council of having received a
certified Bid Tabulation, listing the quotations of four (4) firms
submitting proposals concerning Construction of Test Wells in Delray
Beach, Florida, and based upon Specifications contained in "PROPOSAL
AND BID FORM" as prepared by Smith & Gillespie. This Bid tabulation
was also prepared by Mr. tIomer B. Scott, of Smith & Gillespie, after
careful consideration of the four bids submitted, and photostatic copy
of said 'Tabulation' is attached hereto and forms a part hereof.
MAY 20th, 1957.
Commissioner Strong moved that Contract for Construction of
Test Wells, in Delray Beach, Be awarded to Vlckers Well Drill±rig,
as recommended by the City Manager and Smith & Gillespie only after
due consideration had been given all bids. Hotion seconded by .Com-
missioner Campbell and unanimously carried.
The City M~nager advised the Council of a scheduled meeting
with the County School Board which he attended on Friday, May 17th
concerning possible acquisition of a Strip of land in the eastern
section of the Plumosa School property, located in that part of
Model Land Company's Lot 38, lying west of the F.E.C. Ry R/W, for
a possible Water Plant site. Further, and more definite informat-
ion as to such possibility, particularly as relates to all exchange
of landNfOr~ the Five (5) acre tract of Ci.ty owned land, described
as the -- of the SE¼ of the SLY-¼ of the SlY¼ of Section 17, Twp. 46 So,
Rge. 43 E., desired by the School Board for School purposes in that
area, will be ready for consideration in the near future.
Commissioner Camebell moved to offer the above described five
(5) acres to Palm Beach Co,mty to be made available to the School
Board for School pur,oses only, for the sum of five (5) thousand
dollars or for a comparable five (5) acres of land, acceptable to the
City of Delray Beach, in exchange. Motion was seconded by Commission-
er Strong and unanimously carried°
The City Manager referred to a letter received from Hr.~McCreedy,
wherein five (5) possible bond schedules were outlined, and advlsed of
having discussed same with the Financial Advisory Board at a meeting
held on April 25th. Furtl~er study of these schedules and consideration
of future bond financing program will be made by the Financial Advisory
Board in order that they may prepare a recommendation to the C~ouncil.
Mayor Warren suggested that Hr. McCreedy's letter as well as Mr.
Crane*s suggestions concerning some financial possibilities, be ac-
knowledged.
Commissioner Campbell moved that such acknowledgments be effect-
ed and that possibly two or more Members of the Council should be ap-
pointed to meet with the Financial Advisory Board and the City Hanager
at the earliest possible date to discuss financial nlanning. ~Motion
seconded by Commissioner Strong and unanimously agreed.
City M~nager Lawson then read Ordinance G-259.
ORDINANCE G-259.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BF~ACIt, FLORIDA, ANNF~XING TO THE CITY
THE FOLLOWING TK~CT OR PARCEL OF LAND LOCATED
IN PALH BEACH COUNTY, FLORIDA, AND LYING CON-
TIGUOUS TO THE FJ(ISTING MUNICIPAL LIMITS OF
SAID CITY OF DMLHAY BEACH: TO PRESCRIBE THE
LIABILITY OF THE PROPF~TY FOR MUNICIPAL TAX-
ATION, AND TO GIVE THE CITY OF DELHAY BEACH
JURISDICTION, POWF~R AND AUTHORITY OVER THE
TERRITORY ~fBRACMD IN SAID ANNEXATION AND
PROVIDING FOR THE ZONING THEREOF.
(Lake Ida Shores)
Commissioner Strong moved that Ordinance No. G-259 be placed on
first reading. Motion was seconded by Commissioner Campbell and un-
animously carried.
City Manager Lawson then read ORDINANCE NO. - :
ORDINANCE G-260.
AN ORDINANCE OF THE CITY COUNCIL OF THE CI~I"f
OF DELRAY BEACH, FLORIDA, A3~NEXING TO THE CITY
THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND
LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING
MAY 20th, 1957.
CONTIGUOUS TO THE FiXISTING MUNICIPAL LIMITS
OF SAID CITY OF DELHAY BEACH: PRESCRIBING
THE LIABILITY OF SAID PROPDiTY FOR MUNICIPAL
TAXATION, AND GIVING TIlE CITY OF DELHAY Bh~tCH
JURISDICTION, POWER AND AUTIIORITY 0VEH Tim
TEIIlIITORY F~HACE]) IN SAID ANNEXATION AND PRO-
VIDING FOR TIE APPLICATIONS OF THE RESOLUTION,
LAWS AND ORDINANCES OF THE CITY OF DELRAY BEACH,
TO SUCtI ANNEXED TE~IITORY. (Wm. Yount)
Commissioner Strong moved that Ordinance No. G-260 be placed on
first reading. Motion was seconded by Commissioner Campbell and unani-
mously carried.
The City Manager then Head ORDINANCE NO. G-261.
AN ORDINANCE OF THE CITY OF I)ELRAY B~kCH,
FLORIDA, RELATING TO THE PLANNING BOAItD OF
THE CITY OF DELRAY BEACII, FLORIDA: AMENDING
SECTION 20-2 and 20-3 of the CODE OF OHDI-
NANCES OF ~tE CITY OF DFAh~Y BEACtI, FLORIDA,
BY PROVIDING SAID BOARD SHALL CONSIST OF SEVEN
MEMBERS AND FIXING ~tM TERM OF OFFICE.
Commissioner Campbell moved that Ordinance No. G-261 be placed
on first reading. Motion was seconded by Commissioner Strong and unani-
mously carried.
Mayor Warren suggested that the present Planning Board Members be
contracted for possible recommendation of additional members to said
Planning Board.
City Manager Lawson submitted the lleport of the Planning Board
concerning the application of Sea-R-Holding Com~ny, for street paving
consideration in Blocks 26 and 27, of Ilomewood S/D, and a general dis-
cussion followed with Mr. H. Ben Adams, representing Sea-~-Holding Co.
Commissioner Campbell moved that Golfview Drive paving be eight-
een (18) feet wide and that said paving be done on the West 18 feet of
the fifty (50) foot right-of-way; that Wilson Drive be paved twenty-
two (22) feet wide; that both Golfview Drive and Wilson Drive be pro-
vided with a "Turn Around" at the southern end o£ each drive, or in
lieu thereof that said Drives shall be connected by .the twelve'(12)
foot paving of Inverness Avenue. Motion was seconded by Commissioner
Strong and unanimously carried.
The Commission agreed with Mr. Adams to table the matter of ~ater
supply to }{omewood S/D, For Further study, such action, however, is not
to be misconstrued nor to jeopardize the City's position nor past pol-
icy regarding developer's liability for water main extension.
The City Manager then presented the Planning Board's Heport of
May 15th, concerning Boldt Paving Co's. aDplication for deviation from
the building code to permit erection of a sheet metal covered building
in a C-2 zone at the N. E. Corner of S. E. 2nd Avenue a~ 3rd Street.
Commissioner Campbell moved that permit be granted to Boldt Pav-
ing Company for such construction on Lot 14, Block 87, as recommended
by the Planning Board~ Motion seconded by Commissioner Strong and unani-
mously carried.
Commissioner Campbell moved that the Planning Board be requested
to provide a public hearing concerning the application of "Church of
God by Faith" for permission to construct a church on Lots 10 and 11,
in Paradise Heights. Motion seconded by Commissioner Strong a~ unani-
mously carried.
Commissioner Campbell moved that Bills in the amount of ~16,786.51,
presented by the City Manager, be paid subject to the approval of the
Finance Committee. Motion seconded by Commissioner Strong and unani-
mously carried.
150
MAY 20th, 1957
Concerning the "Request~ of Mr. John MacNab for permission to
move a frame house from Ocean Beach Lot 10 to Lot 1, Ocean Breeze
Estates, Mr. Ralph A. Hughson, Building Ins~ector, reported that he
had notified the property owners in the immediate area, and had not
received any objections, but had, however, received one favorable
comment from a property owner whose home is within 100 feet of said
Lot 1, and who favors the proposed locating of this frame house there-
on, namely Mr. John A. Dittrich, whose home is on Lot 2, Much Lot No.
164, at 110 Lowry Street.
Commissioner Campbell moved that the request of Mr. John Mac-
Nab, to move a frame house from Ocean Beach Lot 10 to Lot 1, in Ocean
Breeze Estates, be granted as recommended by the Building Inspector.
Motion seconded by Commissioner Strong and unanimously carried.
Commissioner Strong moved for approval o£ "Application" to move
a frome house to Lots 41 and 42, Block 15, as recommended by the Build-
ing Inspector following his having notified all owners of property in
the immediate area, granting them the opportunity of expressing objec-
tion, if any, to the locating of this house on Lots 41 and 42, Block
15, as directed by the Council, and having received no objections.
Motion was seconded by COmmissioner Campbell and unanimously carried.
City Manager Lawson read the following letter from City Attorney
Harry T. Newett, concerning the apnlicabilit~ of set-back ordinances
to Lots 2 and 3, in Block 1 of Ocean Park S/D, which opinion had been
requested of the City Attorney by the Council at its May 13th meeting.
"May 20, 1957
Mr. William Lawson
City Manager
Delray Beach, Florida
Re: Lots 2 and 3, Block 1,
0CF~IN PAHK.
Dear Bill:
In connection with the request by the City Council to
determine whether the set-back ordinance is applicable to
the above lots, I hand you letter from Neil E. MacMillan,
with photocopy attached of copy of letter dated November
12, 1947, written by C. Y. Byrd, Esq. to the then acting
City Co,Ascii. The original of said letter should be in
the city's files.
It wo,Ald apnear that from paragraph No. 3 of Mr. Byrd's
letter read in conjunction with Resolution No. 640, dated
December 5, 1947 and with the minutes of the council dated
December 14, 1950 that the 'set-back deviation allowed by
the latter co~mcil did constitute partial consideration for
the conveyance by Mrs. ~lane to the city; that thereby sub-
sequent ordinances varying the terms are inapplicable for
the reason they impair this contract.
I wish to advise the Oouncil I have represented Mr.
Tenerelli in other matters in the past, and may in the
future. Ilowever, I do not represent him in this matter,
and have attempted to render this opinion in accordance
with the record presented.
Very truly yours,
/S/ Harry T. Newett"
Co~mmissioner Campbell moved that this matter be tabled as he
felt that more convincing evidence and fact, pertaining to any pos-
sible committment by a prior Council, relative to consideration
being extended to Mrs. ;~dith Slane, for the dedication of all that
part of Lots 2 and 3 in Block 1, Ocean Park, lying East of the Brock-
way Line, further described in Resolution No. 640, dated Dec. 5th,
151
MAY 20th, 1957.
1947, should be submitted to the Co,mci1 for consideration.
Motion seconded by Contmissioner Strong and unanimously carried.
The City Manager informed the Council that he and the Chief of
Police had made a study of the Truck Traffic problem, within the City
and as a result thereof, recommended that Trucks of w&ight' in excess
of one (1) ton be limited in traffic to only those Streets in the City
which are maintained by the County or State, using the nearest point
of access thereto for egress and ingress to any delivery point on City
maintained streets, and further advised the Council that appropriate
signs will be uroperly located.
Commissioner Strong moved to accept the recommendation'O£ the
City Manngev and to authorize him, with the aid of the Police Chief,
to establish such traffic controls as soon as practibable. Motion
was seconded by Commissioner Campbell and unanimously carried.
City Manager Lawson reviewed the possible available funds for
.Street Improvements, partic,~larly N. E. 2nd Street, and felt that this
could apnroximate the $90,000. mark if the Co,mci1 should so determine.
Commissioner Campbell moved, in accevtance of the City Manager's
Report, that he proceed to prepare plans and soecifications for a Drain-
age Imnrovement on N. E. 2nd Street from Swinton Avenue to the Inland
Waterway, and for Grading and Paving, as well as Sidewalk and Curb Im-
provements of N. M. 2nd Street from Swinton Avenue to the Federal High-
way (E 6th Ave.), cost of which shall be shared by the City of Delray
Bench, on the following basis;
Drainage Improvement - City to absorb 30~o of total Cost,
Owners of benefited lands paying 70~
Paving, Curb & Sidewalk - City to absorb
Abutting Property--Owners to.pay 35~o.
The difference in the sharing of said cost (percentage wise) from the
established policy being due to the Commission considering the improve-
ment to be a City wide benefit. Motion w~s seconded by Commissioner
Strong and unanimously carried.
Conunissioner Campbell ~xpressed much concern over the lack
fire protection in unincorporated areas of Pmlm Beach Co~mty, an~
hoped that some ~ossible solution might be worked out~ whereby various
towns and cities within the County could unite in furnishing such pro-
tection on an equal sharing of pro~,ection coverage for unincorporated
areas lying between said coroorate towns, with the possibility of fi-
nancial aid from the Co,mty of Palm Beach which might be derived from
a County levied Fire Tax, and moved that the City Manager investigate
such a measure and determine the ~ossibility of arranging a meeting
with the County Commission and various town councils for discussion of
this serious problem. Motion was seconded by Commissioner Strong and
unanimously carried.
Mayor Warren suggested that City owned lands, exclusive of the
Golf Course and lands now in use, but to include the City lt~ll and
Youth Center, be appraised for possible sale.
Commissioner Strong moved that the Real Estate Board be request-
ed ?,o apooint a committee of three (3) of its Members. who migent possi-
bly be civic minded to the extent that an appraisal of said lands would
be made by such a Committee, at an early date, at no charge to the City,
which information would enable the Commission to determine if disposit-
ion thereof should be effected to provide funds for necessary city wide
improvements. Motion was seconded by Commissioner Campbell and unani-
mously agreed u~on.
Commissioner Strong moved that the City Manager provide necessary
funds for compensating R. D. Worthing for the Re-valuation of all pro-
perty within the corporate limits of the City, including all vacant
lands, said 9aluations to be effective January 1st, 1958~_ as basis for
the 1958 Assessment Roll for the City of Delray Beach. Motion was se-
conded by Commissioner Campbell and unanimously carried.
152
MAY 20th, 1957.
Commissioner Campbell moved that the City Hanager confer with
the City Attorney concerning possible violation of Section 29-15 of
the City Code of Ordinances by the operation of an alleged photo shop
at the S. W. Corner of W. Atlantic Avenue and Fifth Avenue, and if
found to be such, that ste~s be taken for revocation of its license
and reimbursement, to proper and interested parties thereof, for the
remainin~ unused .~ortion of the current fiscal year, a,ll., action being
subject to the approval of the City Attorney. Motion s.econded' by..Com-
missioner Strong and unanimously carried.
The City Attorney request the Commission to advise whether they
were desirous of amending existing ordinances regulating auction gal-
leries, and if so, in what respect. Following general discussion,
the Commission advised they did want the ordinance regulating auction
galleries strengthened by includin~ all restrictive provisions deemed
proper and constitutional in order to safeguard the public.
In response to an inquiry by the Chief of Police, City Manager
Lawson agreed to check the State Statutes and the Ordinance pertaining
to the "Police Officers Hetirement Fund" and determine proper methods
,
for handling and accounting for the Fund, as it accumulates, and to
advise the Police Department the results of his investigation and
fin din ~s.
MF~TING ADJOU~iNED.
/S/ R. D. Worthin~
City Clerk
APPROWED:
MAYOR