08-10-54 AUGUST 10, 1954
A Regular Meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 2:30 P.M. with Mayor
Catherine E. Strong in the Chair, City Manager W. E. Lawson, City
Attorney Nail MacMillan, and the following Council members present:
Glenn B. Sundy, R. J. Holland, and Mrs. Alma K. Woehle, a quorum
being pre sent.
An opening preyer was delivered by Rev. Lucy M. Stringer.
The minutes of the meeting of July 2?th were approved as
written, upon motion of Mrs. Woehle, seconded by Councilman Holland
and unanimously carried.
The City Manager presented the proposed budget for the 1954-55
fiscal year and explained that it was a brief breakdown and that
the detailed budget would be completed by the end of the week. He
suggested setting a date for a public hearing.
Upon motion of Councilman HOlland, seconded by Councilman Sundy
and unanimously carried, September 1st was set for a public hearing
on the 1954-55 proposed budget, to be held in the Council Chambers
at 2:30 P.M.
The Council agreed to hold informal conferences to discuss the
budget thoroughly when it is presented in completed form.
Mr. Lawson presented a sketch showing drainage lines on Nassau ~*~
~treet between Gleason and Venetian Drive, explaining that the
drainage problem now existing was caused when Venetian Drive was
constructed at an elevation greater than the west end of Nassau
Street. He stated that attempts had been made to obtain easements
from property owners but that in one case the ownership is involved
in an estate and had advised him they ~ere unable to grant an ease-
ment at this time. Mr. Lawson stated a temporary ditch had been
placard in the area ~htch had given some relief.
After discussion as to assessing the o~ners for sewers, the
City Manager was instructed to contact the owners to determine if
they would be willing to pay ~ r the installation, and also to con-
tinue in an attempt to obtain the necessary rights-of-way.
The Council discussed providing Social Security for eligible
City employees. Mr. Lawson stated he had not as yet obtained all
the necessary info meat. ion.
Councilman Holland suggested including Social Security in the
proposed budget so that it would be covered and to make further
investigation.
Mrs. Woehle felt the employees should be advised as to exactly
what it involves and stated she did not feel it is as good as it
appears. She suggested a meeting be held with the employees which
was agreeable to the Council.
A motion was made by Councilman Holland to amend the proposed
budget to include Social Security for City employees. The motion
was seconded by Councilman Sundy and carried unanimously.
The Building Inspector presented a new list of persons who
had agreed to serve on the temporary Code Board as recomended at
a previous meeting - Charles Trieste, ~alter J. Seymour, Joseph
Santa, Samuel Ogren, Jr., King Cone, John Gregory, and Richard Hanna.
Mrs. Woehle asked what the duties of the members would be and
Mr. H~ghson stated they would make recommendations for changes in
the Code of the City of Delray Beach.
After discussion a motion was made by Councilman Holland that
the temporary Code Board be accepted as presented by the Building
Inspector, to serve at the will of ~ Council. Councilman Sundy
seconded the motion which carried unanimously.
Mr. Lawson presented a sketch of Swinton Heights and a reques~
from Ken Bacheller for approval of staggered setbacks for residences
between NE 17th and 19th Streets and Swinton Avenue and ~TE 2nd Avenue.
AUGUS~ 10, 1954
Mr. Lawson explained that the Planning Board had previously
recommended setbacks in Residential A zones being modified from
35 to 30 feet.
Mrs. Woehle felt the planning Board should studW these streets
again and after discussion made a motion that the request be re-
turned to the ?lamuing Board for study. Councilmen Holland seconded
the motion which carried unanimously.
Mr. Lawson read a petition from property owners on BW llth
Avenue request[ ng the street be opened, graded, and stabaltzed from
Atlantic Avenue three blocks south. He stated that more than
50 percent had agreed to have the constructic~ of a rock road
assessed _a~atnst their property.
Mr. MacMillan stated he was one of the petition signers but
that he would not be agreeable to being assessed for a rock road
and later assessed when the street is paved. Mayor Strong felt
it -would be unfair to assess the owners for rock when theCity
spreads it elsewhere free of charge.
Councilman Holland stated he felt the City should continue
its policy whereby the owners obtain rock from the county and the
city spreads same without assessments.
A motion was then made by Councilman Holland that if the
county does not furnish the rock, this project would become Prio-
rity No.~ 2 and NW 6th Avenue between 3d and 4th Streets, Priority
No. 3. The motion was sedonded by Councilman Sundy and unanimously
carried.
A request was read from John A. Thayer asking that the Delray
Beach Publicity Bureau be considered as advertising counsel for
the City of Delray Beach.
Mr. Thayer explained to the Council that he desired to have
the opportunity to recommend to the Chamber of Commerce how to
spend the funds which are appropriated for them' by tbs City.
Mrs. Woehle felt the bids should be left open and Mayor Strong
agreed that everyone should have a chance to bid on advertising.
Mr. MacMillan suggested referring the letter to the Uhamber
of Commerce expressing the City's desire that they give Mr. Thayer
every consideration. Mr. Lawson was also instructed to ask the
Chamber to consider everyone in the city who is interested in ad-
vertl sing.
A letter was then read from the City of Boynton Beach and a
resolution which they had passed. The letter requested Delray
Beach to adopt a similar resolution which would be submitted to'
the County Commission asking for necessary funds and rights-of-way
to extend Noolbright Road to connect with Route 7, and Green Street
north from the Boy,ton banal to the n~th city limits.
The Council agreed that these improvements would benefit
everyone and a motion was made by Councilman Sundy, seconded by
CoUncilman Holland and unanimously carried, that the city adopt
a similar resolution, to be submitted to the County Commission,
to assist Boynton Beach in obtaining these roads.
Mr. Lawson stated an investigation had been made by the
Health Department at the residence of A. A. Lipscomb, Sea Sage
Drive, who had advised him by letter that an unsanitary condition
exists due to an overflowing septic tank. Mr. Lawson explained
that the e]ewation of Seagate Extension is higher than Seage, thereby
causing a drainage problem.
Mrs. Woehle pointed out~ that the Health Depar~ent had in-
structed Seagate Extension developers to user. an elevation of 7
feet above the wa~ er line and she felt the drainage problem was
something fop the property owners in Seagate to work out themselves.
Mr. Ralph Knutsen addressed the Council stating he did not
feel Mr. Lipscomb's trouble was caused by the fill brought in
by the development of Seagate Extension and he felt it could be
corrected by a septic tank.
Dr. F. 3. Huntington addressed the Council stating that ~hen
145
AUGUST 10, 1954
he p~rchased his lot the land was d~y but that after the new
development, it caused a drainage problem on his p~operty also.
Mr. Hughson explained that Mr. Lipscomb's residence had
been constructed too close to the ground, thereby preventing
proper sloping of the pipes.
After further discussion, the City Manager was instructed to
advise Mr. Lipscomb that he had a local problem, to be corrected
by himself, and that if he desired to discuss it further to con-
tact the City Manager or BuildinE~ Inspector.
A letter was read frcm the Plumbing Board recommending the
adoption of a new Plumbing Code, an increase in plumbing fees,
and the appointment of a Plumbing Inspector.
Mr. V. A. Genton, Chairman, addressed the Council and pre-
sented a list of amendments which had been made to the new code.
.He stated it would eliminate a great many hazards and recommended
its adoption.
Mr. MacMillan suggested including the code in the codification
now being prepared.
Councilman Holland made a motion that the Plumbing Board's
recommendations be approved, subject to the City Manager and Build-
ing Inspector's approval. Mayor Strong then stated she would
like to study the cQde before approving same and Councilman Holland
then amended the motion to read subJact to the City Manager, Mayor,
andBuilding Inspector's approval. ..Mrs. Woehle seconded the motion
and it carried unanimously.
Bills in the amount of ~23,798.72 were approved for payment
subject to the approval of the Finance Co~lttee, upon motion of
Councilman Sundy, seconded by Councilman Holland and unanimously
carrie d.
The City Clerk read the following Resolution:
RESOLUTION NO. 928
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA
WHEREAS, the City of Delray Beach is presently served with
railroad facilities by the Florida East Coast Railroad .and the
Seaboard Railroad, and
WHEREAS, the City of Delray Beach has g~own to such an
extent that the Florida East Coast Railroad bisects the central
busines~ and residential areas of said City, and
~EREAS, said Florida East Coast Railroad bisecting said
City aforesaid does constitute a hindrance to the growth and orderly
development of the City; does constitute a hazard to the safety of
the citizens of said City; and a nuisance to said City, and
~HE~.AS, no adequate provision exists in said City for the
interchange of traffic between said railroads as may be required
by law, and
~HEREAS, Section 350.12 Florida Statutes Annotated does
give broad powers to the State Railroad Commission requiring Joint
freight and passenger tenuinals and other reli#f.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of De.lray Beach, Florida, as follows:
1. That the Council does hereby express its desire to see
consolidated the facilities of the Florida East Coast Railroad
and the Seaboard Re~ lroad by the use of the Seaboard tracks and
tex~zinal through and in the City of Delra~ Beach.
2. That a copy of this resolution be forwmrded the State
AUGUST 10, 1954
Railroad Co~r~ission, the Florgda East Coast Railroad and the
Se ab oar d Ratlro ad.
PASSED AND ADOPTED in Regular Session this the 10th day
of August A.D., 1954.
/s/ Catherine E. Strong
Mayor
ATTE ST:
/s/ R. D. Worthing
City Clerk
A motion was made by Mrs. Woehle, seconded by Councilman
Holland and unanimously carried, that the resolution be adopted.
Mr. MacMillan pointed out that since the City is in the
process of asking the FEC Railroad for use of their right-of-way
for parking purposes, they may not be as apt to grant the request
if the above resolution was presented at this time.
Mrs. ~oehle read an article announcing that a meeting is
to be held September 21st in Tallahassee, pertaining to Miami,
and that all interested parties would attend. The Coundil dis-
cussed sending a representative from ~elray Beach.
The City Clerk read a letter from the City Manager's Associ-
ation stating that a conference would be held in St. Petersburg
December 5 through 8. The Council approved the request of Mr.
Lawson to attend and suggested severa~ items they would like
have discussed.
A letter was read from H.V. Dally, Inc. offering the City
a proposal to consider the purchase of Lots 19 and 20, Block ll?
for a parking lot.
Mrs. Woehle suggested .obtaining a list of lots which owners
would agree to lease for this purpose.
After discussion the City Manager was instructed to thank
Mr. Dally for his proposal and to include the lots on the list for
consideration. The City Clerk was instructed to ask Gracey Bros.
to contact Mr. Fred Muddiman with regard to a lease of not 9,
Block 109.
A letter was read from Mrs. Georgia Jennings requesting
the City to waive the assessment and taxation on her d~plexes in
Nlock 7. She stated the water has been standing for long periods
of time thereby prewenting her from renting the property.
Mr. MacMillan stated the Council has no authority to waive
an assessment this time of year and Mr. Lawson was instructed to
so advise Mrs. Jennings.
A member of the audience asked what action had been taken on
the additional colored beach property. Mayor Strong stated it
had not finally been decided but that at the meeting of July 9
with Boynton Beach and Boca Raton, each comnuntty agreed to pub-
licize the need for additional beach property and try to ~btain
the voters help. She stated the question would be on the ballot
in the November election and that a million dollar bond issue
would possibly be considered.
A member of the audience complained to the Council with regard
to excessive water bills for her property in the colored section.
She was advised that the water meters would be checked.
Df. Huntington again addressed the Council stating that the
developers in Seagate Extension were using tractors to dig ditches
which was pushing the water toward Seagate Road. The City Manager
was instructed to determine if the ditches are on City property
and to so advise Dr. Huntington.
AIX;UST 10, 1954
Mr. Hughson presented a request frcm Mr. Denery for a set-
back deviation on his property at the corner of NE 5th Street and
the railroad.
A motion was made by Councilman Holland to refer the request
to the Planning Board. Councilman Sundy seconded the motion which
carried unanimously.
~. ~ayor Strong inquired if the county funds for street repair
had been forwarded and was advised that the money had been received.
Ma*yon ~tron~ stated that at the meeting held regarding colored
beach~~W~Sdecided that each community would publicize
the project and that another meeting was to be h~ld the second
Monday in September.
Mr. MacMillan explained that each community would petition
the Codnty Commission and submit a bill $o the State Legislature.
Upom suggestion of the City Attorney, a motion was made by
Councilman Holland that the City Council approve for further con-
stderation and study the creation of a public beach and parking
district, to be composed of the Fourth County Commission district,
exe, luding the Glades area, and that the City Manager, Mayor Strong
and M~s. Noehle be authorized on behalf of the City, to prepare a
brochure of the proposed plan in order that it may be submitted to
the local civic organizations to sedure their aid. The motion
was seconded by Councilman Sundy and urmnimously carried.
Mayor Strong stated she had received several complaints re-
garding apartment house owners not abiding by the off-street
parking ordinance and she felt it should be enforced.
The Building Inspector advised that he was. planning to check
the apartment areas to determine if anyone is violating the ordinance.
The meeting then adjourned.
APPROVED:
..... Mayor .....
ATTEST:
..... City clerk" '