06-22-54 22, 1954
A Regular Meeting of the City Council of the City of Delray
Beach was held in the Council Chambers with Mayor Catherine E.
Btrong in the Chair, City Manager W. E. Lawson, City Attorney
i~eil MacMillan, and the following Council members present:
Glenn B. Sundy, R. J. Holland, Mrs. Alma K. ~oehle, and N. Cotting-
ham Allen, a quorum being present.
An opening prayer was delivered by Father B. J. Gonnella.
Upon motion of Councilman Allen, seconded by Councilman Sundy
and unanimously carried, the minutes of the~meeting held June 8th
were approved as correcte~.
The Council discussed a petition of property owners on SW 6th
Avenue between Atlantic Avenue and SW 3rd Street for the City to
install a street over these three blocks. Mr. Lawson explained
that the Planning Board had recommended approving the street, to
have a minimum of 16 feet in width, with a rock base.
Use of the Revolving Improvement Fund for the project was
discussed, Mrs. Woeh~e pointed out that the idea of this fund is
to have the money repaid to the City for p~oJects completed so
that it can be used again. She stated that if the property owners
were willing to pay their assessments that the petition is Justified.
Mr. MacMillan explained that the Revolving Improvement Fund
is used for assessment improvements and that a project could be
made a priority if the peo pla would pay the money back i~ediately.
He stated the proper procedure would be to authorize the City
Manager to get plans and specifications for the work.
A motion was made by Councilman Sundy to authorize the City
Manager to obtain plans and specifications for street construction
on SW 6th ~venue from Atlantic Avenue to SW 3rd Street. The motion
was seconded by Mrs. Woehle and carried unanimously.
Mr. Lawson read a letter f~om H. L. Gordon with regard to
additional storm sewers on NE 2nd Avenue. Councilman Holland
stated that the County intends to widen the street to 24 feet and
this would tend to push the water into the street even more, making
the situation worse than it is at present.
Mayor Strong had discussed the situation with Howard Cromer
who suggested installing a larger pipe, and she felt it was the
City's responsibility to correct the problem since they originally
put in the storm sewer.
Mrs. '~oehle felt the County should have some responsibility
in the matter and suggested that the Council members and the
engineer who had installed the pipe meet with the County Commis-
sion in an effort to obtain their assistance.
The City Clerk explained that a sum of approximately ~4300
per year is received from the County which is set up for repair
of streets. Mrs. Woehle said this money is used for general
repair of streets but is not designated for county streets in the
city.
Mayor Strong asked Mr. C. y. Byrd if, while he served as a
County Commissioner, it was ever their intention to give financial
aid. Mr. Byrd replied, that it was their policy to use the money
for street repair but that while he was on the commission they
had no plans to go into drainage.
A~ter further~discussion, a motion was made by Councilman
Holland to appoint the City Manager and a member of the Planning
Board to attend the next meeting of the County Commission to
obtain a definite statement as to their plans to widen NE-2nd
Avenue, what the elevation and width would be in the area affected,
and when they plan to begin construction, in order to eliminate
the drainage problem now existing. Mrs. Woehle suggested includ-
ing Mr. Walter Roth in the group to attend the me e ting ~ and she
seconded the motion as amended. After roll call the motion
carried unanimously.
Mr. Harry Friberg, representing the Volunteer Fire Depart-
ment, addressed the Council requesting action be taken to begin
JUNE 22, 19~4
monstructton of a new fire station. Mr. Lawson explained that
the request of Chief Gregory for Lots 13 through 16 in Block 52
had been referred to the Planning Board who were to meet June
23 and that a rpport would be made of their recommendations.
Mr. Lawson read a letter from the Negro Civic League, re-
questing additional beach facilities and expressing their apprecia-
tion for the Council's assistance in obtaining the beach property
in Palm Beach Shore Acres.
Councilman Holland told the Council he had been advised prior
to the meeting that Boynton Beach has decidad to cooperate with
Delray Beach and would also request Boca Raton's cooperation in
an effort to obtain additional property and asking the County
for their help. Mrs. Woehle stated that she and Mayor Strong
had personally contacted the County who advised them that at
present they saw no way of finding any additional land.
Mayor Strong suggested a resolution be prepared to designate
a d/strict for the beach and Councilman Holland felt the other
two communltte~ should be included.
The City Manager was instructed to contact Boynton Beach and
Boca Raton to arrange a meeting to discuss the beadh district,
before the next regular Council meeting July 13.
The Council further instructed Mr. Lawson to write to the
County to clarify whether ?hipps Park is a Public Park.and
available to colored people.
Mr. Lawson stated he is in the process of installing identi-*
fication markings at the beach property in Palm Beach shore Acres.
Mr. Lawson read a letter outlining the program for su~maer
activities at the swimming pool and a suggestion of Mr. Forsyth
to appoint a Swimming Pool Committee.
The Council discussed the Red Cross classes robe held at the
pool and a request from Boynton Beach and Boca Raton to attend
the classes. Councilman Holland moved that the Mayor write to
the two communities inviting them to attend the classes. The
motion was seconded by Councilman Allen and unanimously carried.
The following appointments to the Swimming Pool Committee
were made upon motion of Counciiman Holland, sec opded by Council-
man Allen and unanimously carried: Mrs. Paul Speicher, Chair-
woman, Mrs. W. Cottingham Allen, Co-Chairwoman, Mr. and Mrs.
Edward Scherer, and Mrs. J. ~. Doherty.
The City Clerk was instructed to notify each member of their
ap poi ntme nt.
Mr. Lawson explained to the Council that the Florida East
Coast Railway is now installing signals at various crossings in
the city and has asked that the crossing at SE 4th Street be
built so that a finished grade can be determined. .He stated
that all of the rights-of-way had not yet been recet ved.
Mrs. Georgia Lapham addressed the Council suggesting.that
3rd Street be used as the crossing instead of 4th Street since
trains which stop at Atlantic Avenue usually do not extend any
further than the block past 2nd Street.
Councilman Holland felt the crossing at 4th Street should
be completed if the ~t~hts-of-way could be obtained and, if not,
the crossing could be changed to 3rd Street.
A motion was made by Councilman Holland that if dedications
are given to the city for rights-of-way on SE 4th Street, the
City will install the street at no cost to the property owners
on either side. Councilman Sundy seconded the motion which
c arri ed unantmous 1 y.
Mr. ~*awson pres ented plans for repaying Waterway Lane and
explained that the property owners had asked if the drainage
could be corrected in some other way without tearing up the
street which is now in excellent condition. Mr. Lawson felt
that a storm sewer could be installed and suggested having levels
JUNE 22, 1954
checks by local engineers.
Mrs. ~oehle moved that the City Manager check the engineering
possibilities of extending the drainage lines and obtaining an
estimate of the cost. The motion was seconded by Councilman Allen
and carrie d unanimously.
Councilman Holland suggested obtaining estimates for Vista
Del Mar and Andrews Avenue at the same time.
Mr. Lawson outlined the policy for water extension to homes
outside the city limits and asked the Council's approval to
include that a refund would be made to the first builder in a
vacant area for each new tap installed within the firs~t three
years. The Council stated that had been the policy.
A' request of ~. H. Edwards to approve a proposed subdivision~
west of Carver high school was discussed. The Council reviewed
the plat and a motion was made by Mrs. Woehle to refer the request
to the Planning Board. Councilman Allen seconded the motion and
it carried unanimously.
Mr. Lawson stated a request had been received from the Nacire-
mae Club for a beverage cooler. He stated it was not a budgeted
item but that they would need the cooler during the summer, before
the new budget is completed.
Mr. MacMillan explained that. under the provisions of the City
~Charter the cooler could only be purchased out of the Contingency
Fund.
A motion was made by Councilman Allen to p~chase the cooler,
to be paid for out of the Contingency Fund. Councilman Sundy
seconded the motion which carried unanimously.
Mr. Lawson reported that over 80 percent of the rights-of-way
on NW 7th Avenue between 1st and 2nd streets had been dedicated
and that the property owners have requested rock for opening the
stre et.
The Council discussed two lots which had not been dedicated
and were advised by P~. MacMillan the the owners could be told
that ~until the dedications are made, the city will not improve
the street.
The City Manager was instructed ko'have the property owners
contact the other owners to ask them for a dedication and that
a roadway would be constructed when those dedications are received,
with no cost to the property owners. Motion was made by Council-
man Alle~, seconded by Councilman Holland and unanimously.carried.
Mr. Lawson read the following resolution:
RESOLUTION ·NO. 923
RESOLUTION BECLARING CERTAIN LANDS IN THE CITY OF
DE~RAY BEACH, FLORIDA, TO CONSTIT~TE A NUISANCE IN
VIOLATION OF ORDINANCE G-147.
WHEREAS, Ordinance No. G-147 of the City of Delray BeAch,
Florida, declares all lands~i~ the City not kept free from
debris, vegetation (including trees) or other matter, which may
become a danger in time of hurricane, and from weeds exceeding
a height of 18 inches, and from filth and trash, constitute a
nuisance; and
¥.HEREAS, p~u~suant to said Ordinance, the Chief o£ the Fire
Department of Delray Beach, Florida, has made a survey report,
in w~lting, to the City Manager, describing certain lots or
parcels of land in said City wherein conditions such as specified
in Sections l, 2 and 3 of said ordinance exist; and
~EREAS, thee Ci~ty Council of Delray Beach, Florida, after
consideration of said report, t~s of the opinion that a prima facie
case showing the following lands constitute a nuisance within
the provisions of Sections l, 2, and 3 of said ordinance G-147,
has been made.
JUNE 22, 1954
NON, THEREFORE, BE IT RESOLVED that the existence of a
nuisance be, and the same is hereby declared, upon the following
described lots or parcels of land for violation of the provisions
of said Ordinance G-147, as specified after each description,
and the City Clerk of the City of Delray Beach, Florida,~ is
directed to furnish the owners of each parcel of land, as here-
inafter set forth, a notice in accordance with Section 5 of said
ordinance, and that the City Council will sit on the tenth (10th)
day of August, 1954, at 2:30 o'clock P.M., at the City Hall in
Delray Beach, Florida, for the purpose of all~wing said o~ers
to show ca~se, if any they can, why said nuisance should not be
abated.
Owner Address Lot .No, Block No...sec V. iol~
Claude M. Straight Lumberport, W. Va. 14 & 15 Bellview Ct 1-3
Carl C & Mary Mullen Columbian Natl
~.ife Insur Co, ~ 6 & 7 2
Box 4,Boston Mass Lakeview Hts 2-3
Herman B ~ Mildred Box 741, Boynton B & N45 of
Peterson Beach, Fla A less W30 Blue Seas 2-3
Janice Hoffman Box 456, 26 A
Boynton Beach Fla Carver Mere Pk 1-3
Martha Price Hall Box 664, Delray 1 Block 1
Beach, Fla Hofman Village 1-3
Frank L & ~innifred Meyers Furnace Co
R Meyers Peoria, Ill 5 Seaspray Est 1-3
Annie Nofman,Wm Hofman 515 ~E 7th Ave
& Clara Summerson Delray Beach Fla 1 & 2 Waterway. Lane 1-3
Hamilton H & Ruth 140 Inwood Ave E36' of 13
F Roberts Upper Montclair, Seestedt-
N.J. Stevens 2
W.G. Bill 51 Madison Ave, 14 & W 18'
New York, NY of 13 " 2
S.E. & Marie No Swinton Ave, ~ 18 "
Haertnger De lray Beach,Fla
Eliza Reynolds 129~ SW 5th Ave, 8 (A) Westside 2
Box 1584, Delray Beach Heights
Pauline R Young 542 Broad Street, 30 Del ray Beach 1-2
Wadsworth, Ohio Exp lanade
Geo. & Mabel Ftndiesen North Hero, Vt 47 " 1-2
Arthur B. Horton Windham, N.Y. 19 81 2
Mrs. %~a. Waeatley Box 382, Delray S 100' of W 2?5'
Deach, Fla of 28 Ocean Beach 1
Lucile J Nichols Box 414, Delray Beg NW cor Lot i Nassau
Beach, Fla Pk, W 12.96' N 49.33'
para to Ocean Blvd to pt
30' south of No lines
W 75' th S 128.95' th
south line of Lot E 83.2'
(to SW cot Lot 1) th 79.6'
to P.O.B.
South Ocean Beach 2
Lots
107
JUNE 22, 1954
R.D. & E. ~chell 2936 E Les 01as Blvd 12 Block 12 1-2
and C.H. & E.M. Ft Lauderdale, Fla 0sceola Pk
Burnham
APPROVED this 22nd day of June, 1954.
/s/ Catherine E. Strong
Mayor
ATTEST:
/s/ R.D. Worthing
City Clerk
gEAL
Mrs. Woehle asked how the city obtains listings of these
lots and Mr. Lawson replied mostly through complaints received.
AftA~ further discussion a motion was made by Councilman
Holland that the resolution be adopted. The motion was seconded
by Councilman Allen and upon call of roll, Mayor Strong and
Council members Sundy, Holland and Allen voted in favor of the
resolution and Mrs.Woehle voted opposed.
M~'Lawson read the following report from the Planning Board:
18 June 1954
The Honorable Mayor and City Council
Delray Beach, Florida
Ladies and Gentlemen:
The Planning Board/Zoning Commission has taken action on
matters referred to it as follows:
1. First Baptist Church request for permission to construct
an accessory building prior to the main building.
The Bcard felt that some concessions should be made in
the interest of religious organizations or others which serve
a~community interest, without creating a precedent on which any
number of similar requests by private individuals could be based.
It is recommended that the request be granted with provisions
that the garage be built of a permanent construction compatible
in design with the anticipated church building.
2. Mr. S. J. Scobee request for a deviation in required
set-back for a proposed addition to the Funeral Home.
The Board considers this a special case where permission
would not set up a precedent for wide use, and is a small addition
to a non-conforming setback already allowed, which would not
impede a possible future, widening of the Fifth Avenue R/W to 60
ft. It is recommended that the request be granted.
3. Ceiling Heights in Business Buildings:
The Board feels that until a satisfactory ordinance can
be worked out to give more flexibility in architectural design,
the Building Inspector should be authorized to deviate from
the existing restriction where the building has been designed
by an architect registered in the State of Florida.
Sincerely,
/s/ Robert F. Blake II
C hal rman
JUNE 22, 1954
The following action was taken by the Council on the
Planning Board's recommendations:
1. Councilman Holland moved that the recommendatiO~ to
approve the request of the First Baptist Church for deviation
in building a garage, in this instance, be accepted. The
motion was seconded by Councilman Sundy and carried unanimously.
2. Mrs. Woehle moved that the recommendation be accepted
for approval .in deviation of setback at Scobee Funeral Homes.
Councilman Sundy seconded the motion and it carried unanimously.
3. The Building Inspector was authorized to follow the
Board's recommendations with regard to ceiling heights in busire ss
buildings, provided the drawings are by a registered architect.
Mr. Worthing reported on a complaint received from Mrs.
E. C. Foote relative to the City abandoning~ a street and giving
it to Mr. ~alter Seymour. He stated thatMr. Seymour had
re-subdivided Rice's Addition and the new plat did not include
any right-of-way where Bowers Street formerly had been.
Mr. MacMillan stated the matter had been referred to the
Planning Board who recommended approval of the plat and that
the Council had approved their recommendation. He said that
since new plats also have to be approved by the County Commis-
sion and the plat in question had been filed in County records,
it was up to Mrs. Foote and Mr. Seymour to decide on the matter.
Mrs. Foote stated she was leaving town and would resubmit
her request at a later date.
Bills in the amount of $35,166.33 were approved for payment
subject to the approval of the Finance Commf~ttee, upon motion
of Councilman Holland, seconded by Councilman Sundy and unani-
mously carried.
Mr. Worthing recommended that a Quit Claim Deed be prepared
to clarify the legal ownership of Lots 20 and 25, Block 41, which
were acquired by the County. in 1939 through the Murphy Act and
sold to John I. Thieme in 1946. The lots carried delinquent
taxes f~om 1931-1939 and Mr. Thieme paid the taxes in 1949.
Councilman Holland moved that the City Clerk be instructed
to negotiate ~a ~uit Claim Deed to clarify the ownership of the
above lots. The motion was seconded by Councilman Sundy and
unanimously carried.
The following ordinance was then read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING S$CTION 11
~ND SECTION 15 OF ORDINANCE NO. G-66 (AS
AMENDED) OF T~{E CITY OF DELRAY BEACH, FLORIDA,
BY AUTHORIZING CONDITIONAL AUCTION, SALES AS
DEFINED IN SECTION 18 OF SAID ORDINANCE TO BE
CONDUCTED TO THE HOUR OF 11:30 P.M., AND PRO-
VIDING A MAXIMUM LIC~SE FEE THEREFOR.
Motion was made by Councilman Holland to place the ordinance
on first reading. Councilman allen seconded the motion which
carrie d unanimously.
The City Manager was instructed to secure bids for painting
and general rehabilitation of the Council Chambers, if the work
is to exceed ~500, and if it does not exceed that amount, to
have the work done by the City. Motion was made by Councilman
Holland, seconded by Councilman Sundy and unanimously carried.
Mr. Lawson announced that the new flag in the Council
Chambers had been donated by the Ladie's Auxiliary of the
American Legion.
Mr. MacMillan referred to the Golf Course Revenue Certificates
109
~ 22, 1954
stating that in order to call the present outstanding certificates
they have to be called on August 1st, and such intended call for
redemption mu~t be advertised once in a newspaper or financial
Journal of general circulation published in the City of Miami,
Florida, not less than thirty days prior to the date fixed for
redemption. ~r. MacMillan stated however, that it would be
impossible to complete the procedure by that date and that t~e
First National Bank of Delray Beach had agreed to waive the
original condition of agreement relative to advertising antici-
pated fixed date of redemption thirty days prior thereto in
view of the circumstances.
The meeting then adjourned.
APPROVED:
Mgyor ....
ATTEST:
City Clerk