01-23-56 17
JANUARY 23rd, 1956.
A Regular Hooting of the City Commission of the City of Delray
Beach, was held in the Commission Chambers at 7:30 P. H., with Hayor
H. Yargates in the Chair, City Manager W. E. Lawson, Jr., City Attor-
ney John H. Adams and the following Commission Hembers bein~ present;
Catherine E. Strong, W. J. Snow and Emory J. Barrow, a quorum being
Dres ent.
Commissioner Strong moved that the Hinutes of the Special and
Hegular Hootings, held on January 9th, be approved as corrected.
tion was seconded by Commissioner B~rrow and unanimously carried.
Chief of Police H. C. Croft and other members of the Police
Depratment have favored and requested enactment of a "Retirement Fund".
Chapter 28230 of the Florida Statutes, Acts of 1953, provides for po-
lice offfficers retirement, which, in effeot, is similar to the Firemens
Pension Fund.
Contributions to such ~Fund" are derived from Police Department
members payroll deductions and collection of 1~ of gross receipts for
premiums resulting from Casualty Insurance placed within the boundaries
of th'e City of Delray Beach.
City Hanager Wo Eo Lawson, Jr., then read Ordinance G-231, caption
of which is as follows:
OHDINANCE G-231.
AN ORDINANCE OF THE CITY OF DELHAY BEACH, FLORIDA,
LEVYING AND IHPOSING UPON ALL INSURERS, NOW OR
HEREAFTER ENGAGING IN OR CARRYING ON THE BUSINESS
OF INSUHING WITH RESPECT TO CASUALTY RISKS AN EX-
CISE OR LICENSE TAX IN ADDITION TO ANY TAX NOW
LEVIED, OR 1~ OF THE GROSS AHOUNT OF RECEIPTS OF
'ALL PREHIUHS FROH CASUALTY~INSUHANCE POLICIES IN-
SUHING PROPEHTY WITHIN THE HUNICIPAL LIHITS OF THE
CITY OF DEIA~Y BEACH, FLORIDA, AND PRO¥IDING WHEN
SAID TAX SHALL BE DUE AND PAYABLE.
Commissioner Strong moved that Ordinance G-231 be placed on first
reading. Hotion was seconded by Commissioner Barrow and unanimously
carried.-
The City Hanager informed the Commission of having received a
bill from the developer of Delray Isles sub-division in the amount
of $2,446.42 representing the City's share of the construction costs
for "Beach Drive" between Andrews Avenue and the Waterway for which
expense the Commission has previously, on Hay 18th, 1955, agreed to
share with Booth-Westerman, Inc.
:The City Hanager further advised of this work having been eom-
pleted and Commissioner Barrow moved approval and payment of said
Bill in the amount of $2,446.42. Hotion was seconded by Commissioner
Strong and unanimously carried.
'": The City Hanager advised of having received the following per
diem rates from four accounting firms.
E. Keen. Himes & Batsman &
(..- .,~.~..~ Himes Jeffries s
CPA 60.00 50.00 55.00 45.00
Senior Accountant 40.00 35.00 38.50 35.00
Junior Accountant 35.00 22.50 27.50 27.50
Commissioner Snow moved that Batsman & Jeffries, of Hiviera
Beach, be re-appointed, for the current fiscal year, as auditors
for the City of Delray Beach. Hotion was seconded by Commissioner
Strong and unanimously carried.
JANUARY 23rd, 1956.
City ~lanager Lawson informed the Co~nission of having received
proposal for engineering services in connection with ~ap~ovementa~
to the Cityts municipal water and sanitary sewerage system, from'.Smi~h
Gillespie and this ~atter being of paramount, importance the Hanager
recolended a joint study off the i~provements and proposal,
~Jan~ry 16, 1956.
Honorable ~yor and
City Co~issioners
City off Delray Beth
Delray Beach, Florida
SU~ECT: PHO~SSION~ ENGINEERING S~C~ - ~ater and Sewage Facilities
Gentlem~:
In acco~ance ~th the request of yo~ City Hanager to
~ylie ~. Gillespie, ye have the honor to submit this proposal
for professional engineering services in co~ection vith ~prove-
ments to the City*s m~icipal water and sanitary sewerage systems.
~e rill make engineering su~eys, investigations and studies
conce~g a~itional water supply, treatm~t and distribution;
a re-e~aluation of plus prepared by this firm approximately ten
years ago for a sanitary sewerage and sewage treatment project,
vith additional surveys, investigations and studies required to
extend the scope off the originally conceived sewage project
accomodate the present and i~ediately foreseeable ffuture
quirements off the City for sanitary sewerage facilities.
~e propose to provide engineering services in connection
~ith the foregoing and incorporate In a report For your study
our conclusions, estimates and recommendations resulting ff~m
a thorough investigation and analysis off yo~ current and
estimated Future requirements in regard to your water utility
and a s~itary sewerage system ~ sewage treatment plant..
As you are aware, we are intimately familiar vith your~
existing wate~ utility from the standpoint off ~ts physical
prope~ties, capacities and the characteristics off the wate~
being distributed. F~ther studies would be primarily con-
cerned vith re~val off color and other ~des[rable character-
istics of the present and additional well supply; vith
quired reinfforcements off yo~ present distribution system, and
vith the extension of you~ present distribution system to serve
new areas, any such areas to be desl~ated by the City to
included in our study and report.
In co~ection vith sanitary sewerage facilities, vt p~posm
to present in the report all engineering ~fomation necessa~
for the detemination of a Scope of sewage works vhich may be
feasible to be ~dert~en by the City at this ti~e. ~e char-
acter of these reeom~ndatZons would be such that Zmediate
and proposed ffut~e construction would all Fit in to an ~nte-
grated sewage works system and would not contemplate abandon-
ment off any portion of the work to be constructed due to any
necessity eccasioned by future g~wth for additional
insofar as no~ can be forseen.
~e report would ~clude p~eli~nary cost estimtes of con-
struction, of operation and a discussion of economic cOnsider-
ations; it would provide a clear ~derstanding off the engineer-
ing ~eat~es off the proposed tmpro~ements and would present the
subject d~v[ded ~nt~ appropriate divisions, portions or sections
so that the inffo~ation will be readily available to make decis*
ions as to the scope off work it is desired to plan and construct,
l?
JANUARY 23rd, 1956,
The report would present, also, factual data and engineering
exttmates for the use of such financial agency as the city may
deal with in arranging for the financing of the work.
We propose to make the studies outlined above and to person-
ally present the report to the City, entering into at that time
any discussions or clariffications which may be desired.
We propose to provide further engineering services in connect-
ion with the preparation of plans and specifications for any
tion or portions of either the water works system or the sanitary
sewerage facilities the City may determine to construct, provide
assistance to the City in advertising for construction bids and
awarding construction contracts, and furnish engineering supervis-
ion of the construction undertaken. The fee for the preparations
of the report and the foregoing further services will be in accord-
ance with the Schedule of Basic HinimumEngineering Fees as recom-
mended by the Florida Engineering Society, 1955, copy of which is
attached hereto.
In the event this Firm is not authorized by the City prior to
December 1, 1956, to prepare plans and speciffications for a reason-
ably. comprehensive scope of the work recommended in the report, the
City shall pay this fi~m the sum of Two Thousand Dollars($2,000o00)
to partially reimburse us for the cost of developing the preliminary
report. In the event that subsequent to December 1, 1956, the City
authorizes this firm to prepare plans and specifications for work
as recommended in the report, we shall give the City credit for the
amount paid to us for the report by absorbing that amount in the fee
For ~lans and specifications at the rate of one-half of one percent
(0.5~) of the estimated construction cost of the work for which
plans and specifications are authorized.
In any event the report will analyze the status of the plans
prepared in connection with the sanitary sewers in 1946 and set
out those that can be salvaged after the ten year interval and be
used as they now stand. This firm will advise with the City and
come to a mutual agreement as to the credit that will be allowed
for ~uch usable plans.
Upon the City's acceptance of this proposal, in duplicate, in
the space provided below and receipt by this firm of an executed
copy hereof, we will assign adequate qualified personnel to com-
mence the development of this engineering report on water and sew-
erage facilities and complete the report as soon as all factors in-
volved may be properly considered.
Assuring you of our desire to cooperate with you to any extent
we can in connection with any pro,ram of improvements you may de-
cide to undertake, we remain.
Very truly yours,
SMI~fI AND OlLLESPIE, ENGINEEHS
/S/ W. Austin Smith, Partner"
Commissioner Barrow then moved that this matter be deferred
fqr.further study. Notion was seconded by Commissioner Strong
and unanimously carried.
Comission~r Strong moved for acceptance of offer from Booth-
Westerman, Inc,
JANUARY 23rd, 1956.
"BOOTH WESTEP~IAN, INC.
Delray Beach, Florida.
January 17, 1956
H~n. Michael Yargates, Mayor
and City Comm~ssioners,
City of Delray Beach,
Delray Beach, Florida
Gentlemen: -
Booth Westerman, Inc. of Florida, the developers of Delray
Isle, wish to thank the members of the City Council for their
kind cooperation in helping to make the Delray Isle Subdi-'
vision an asset to ~u~ city. Your further cooperation in the
Following is respectfully requested.
As you know Beach Drive, sometimes known as Market Street
and/or Northeast Fourth Street, is a right-of-way dedicated
for public use and it is the desire of Booth Weste~man, Inc.
to pave same according to city speciffications under the
supervision of Brockway, Weber and Brockway, Engineers of
West Palm Beach, Florida. All expenses incurred shall be
borne by Booth Westerman, Inc.
We will appreciate having your early approval of this
program.
Yours very truly,
BOOTH WESTEHHAN, INC. '
/S/ J. V. Booth, President~
tm open, grade and pave that portion of Beach 9rive lying between
Andrews Avenue and Ocean Boulevard total cost of such improve~t
to be borne by Booth-Westerman, Inc. Motion was seconded by Com~
missioner Snow and unanimously carried.
City Manager Lawson presented the request of Totterdale De-
velopment, Inc., for He-Plat of 14 lots in Seagate Extension, as
submitted by Mr. Totterdale, and Con~issioner Barrow moved that'
said request be referred to the Planning Board for study and re-`
commendation. Motion was seconded by Commissioner Snow and un-
animously carried.
The City Hanager submitted the application of the Great
Yellow-Checker Fleet to place in operation taxi-cab service in _
Delray Beach, and reminded the Commission of Ordinance 6-157,
amending Section 5, Chapter X of the City Code, wherein it was
provided that a "Certificate of Public Convenience and Necessity"
must be submitted to warrant the granting of a License.
The Hanager further advised the Commission that he had asked
the Police Department to investigate this application as to need
of further cab service in this area. The Chief off Police reported
that investigation showed sufficient number of cabs are now li-
censed and operating in this area to meet the need.
Commissioner Barrow moved that the application be denied
and Commissioner Snow seconded the motion. Opon call of Holl '-
Hayor Yargates and Commissioners Snow and Barrow favored the
motion, Commissioner Strong abstained from voting.
The City Hanager then read Ordinance G-230.
JANUARY 23rd, 1956o
ORDINANCE G-230. {Lake..Xda Hanor)
(Yount)
AN ORDINANCE OF THE CITY CONNISSION OF THE
CITY OF DELHA¥ BEACH, PALH BEACH COUNI'Y,
FLORIDA, PLACING THE I~OLLOWlNG DESCRIBED
PROPERTY IN RESIDENCE WA# DISTRICT: THE EAST
2UA T R (E¼) OF NOVEL LAND CO PA 'S LOT 4,
SECTION 8, TOWNSHIP 46 SOUTH, HANGE 43~EAST,
PALM BEACH COUNTY, FLOKIDA, ACCOPJ)ING TO THE
PLAT SHOWING THE SUBDIVISION OF SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, ON FILE IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
IN AND FOR ~ALH COUNTY, FLORIDA, RECOPJ)ED IN
PLAT BOOK 1, PAGE 4.
' WHEHEAS, the hereinafter described property has recently
been taken into the corporate limits of the City of Delray Beach,
Florida, and
~HEREAS, the Planning Board and Zoning Comnlssion of the City
of Delray Beach, Florida, has heretofore recommended that all ney
property taken into the corporate Ii. mits of the City be classified
as Residence WA' District,
NOW, THEREFOHE, BE IT ORDAINED BY THE CITY COH~ISSION OF THE
CITY OF D_N[.HAY BEACH, FLORIDA:
SECTION 1: ~hat the follovlng described property in the City
of Delray Beach, Florida, is hereby placed in Hesidence 'A' District,
as defined in Chapter XX of the City Code of the City of Delray Beach,
to vit:
The East quarter (ES) of Node1 Land Companyts
Lot 4, Section 8, Township 46 South, Range 43
East, Palm Beach County, Florida, according to
the plat shoving the Subdivision of Section 8,
Tovnship 46 South, Range 43 East, on file in
the Office. of. the Clerk of the Circuit Cou~t
in and for Palm Beach County, Florida, recorded
in Plat Book 1, page 4.
SECTION 2: That the Building Inspector, upon the effective
date"of this ordinance, shall make the necessary changes on the
zoning map of the City of Delr~y Beach, Floridao
PASSED in Regular Session on the ~econd and final reading on
this the 23rd day of January, A. D., 1956o
IS/ Nike Yar~ates
('SFAL) ttay o r
ATTEST:
/$/ R.. D. Wo.r. thln~ , City Clerk
First. Reading ..... December 27, 1955
Second Reading - - January 23, 1956
PASSED & ADOPTED: .... Januar7 23, 1956.
Notion for adoption of Ordinance G-230, on second and final
reading, was made by Commissioner Snov, seconded by Commissioner
Barrov and unanimously carried.
JANUARY 23rd, 1956.
City Hanager Lawson then presented the following Reports
from the Planning Board:
(1) The Beard*s recommendation that the Southridge
Properties, Plat ~ 3, as submitted by Kolendo Construction Co.
be approved.
Commissioner Barrow moved for approval of said
Plat ~ 3, as recommended by the Planning Board.
Hotion was seconded by Commissioner Strong and
unanimously carried.
(2) Regarding the R. C. Lawson proposed subdivision
of certain lands lying between Ocean Blvd., and Andrews
Avenue, the Board reported - '~£his proposed subdivision
would require a forty foot R/~ for a public street servi-
cing the lots west of the Boulevard Fronting lot, under
present restrictions. It ~as noted that the proposed
subdivision proposes lot sizes in accordance with present
Res. A. Reqttirements, but smaller than the proposed~re-
strictions on R-~Lt classification for this area.
The proposed new ordinance will contain provision
for a smaller R/~ width where a small ntmber of lets
are to be serviced.
It is recommended that the subdivision as shown be
denied. ~
Following general discussion regarding the nature and character-
istics of this proposed subdivision by the Commission with Col. Fabens
and H. Ben Adams, the latter speaking on behalf of Hr. R. C. Lawson
(developer) assu~ed the Commission that Hr. Lawson would respect and
provide for meeting all requirements of R-1AA restrictions of the
proposed Zoning plan soon to be submitted by the Planning Board/
Zoning Commission.
Commissioner Snow then moved for approval of the R. C. Lawson
proposed subdivision subject to meeting all restrictions of R-1AA
zoning and providing for a twenty-five (25) foot Court R~ to serve
the interior lots. Hotion was seconded by Commissioner Barrow and
unanimously carried.
(3) The proposed subdivision of Hr. Co Herrick Hammond, ~n
Palm Beach Shore Acres - Block E, was considered as well as the
report of the Planning Board and respecting the protest of Col.
Dugal Campbell relative to granting deviations in this area Com-
missioner Barrow then moved that this request again be reviewed by
the Planning Board for further study and recommendation. Hotlon.
was seconded by Commissioner Snow and unanimously carried.
Commissioner Snow moved that Bills in the Amount of $47,574.88
be approved and paid subject to the approval of the Finance Committee.
Hotion was seconded by Commissioner Barrow and unanimously carried.
Col. Campbell, on behalf of Dr. Hobinson, submitted a report
of the Inter-Racial Committee relative to Recreational Facilities
in conjunction with the West Side Swimming Pool project and further
advised the Commission that the Committee felt it had located the
most desirable available area and unanimously agreed that immedi-
ate action should be taken towards getting this project under way,
especially due to the fact that it has long been needed~ and of the
many past promises that the matter of cresting these facilities
would take effect.
Col. Campbell further informed the Commission that he Felt a
Swimming Pool, similar to one recently constructed for similar pur-
poses in Pompano Beach, should be provided.
Commissioner Snow moved that the City Hanager be instructed
to obtain a set of plans from the City of Pampano showing their
Swimming Pool project in order that construction of this West Side
project might get under way at the earliest possible date. Hotion
was seconded by Commissioner Strong and unanimously carried.
JANUARY 23rd~ 1956
Comissioner Strong moved that the Inter-Racial Co~mittee
be given a vote of thanks and appreciation for its time and study
of the West Side Swinging Pool project and for the completeness
off the proposed and reco~ended Recreational facilities as shown
on the sketch submitted, and for presentation of its report, by
Col. Campbell wherein he reflected the sincere efforts of the
Committee in this matter.
Meeting adjourned.
/S/ R.D. Worthin~
City Clerk
APPROVED:
MAYOR
I I II