07-29-46 Special
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JULY 29TH, 1946.
Special meeting of the City Council was held at 10:00 A. M. in the City
Manager's Office with Mayor M. M. DeWitt in the Chair, and City Manager H. P,
Edmond and the following Councilmen present: B. C. Butler, F. B. McNeece and
J. B. Smith, a quorum being present.
The following notice from the U. S. War Depatrtment was presented and read
in full, as follows:
WAR DEPARTMENT
UNITED STATED ENGINEER OFFICE
575 RIVERSIDE AVENUE
JACKSONVILlE, FLORIDA
SAKW-3 800.61 (6699)
26 July 1946
NOTICE OF APPLICATION FOR WAR DEPARTMENT PERMIT
TO WHOM IT MAY CONCERN:
1. Application has been made to the War Department by the Pelican Beach
Apartments, Inc., c/o Geo. S. Bro'l1kway, Engineer, Guaranty Bldg., West Palm
Beach, Florida, for a permit to construct a groin, in the Straits of Florida,
at applicant's property, at the foot of Seaview Avenue, in Section 34, T. 45 s.,
R. 43 E., Palm Beach County, about 1.34 miles south of Ocean Avenue, Boynton,
Florida. '!.he proposed timber and steel sheet pile groin would project into the
waterway about 180 feet from the mean high-water shore line, and w9uld extend
landward from the said shoreline about 35 feet. The top of the Groin would be
at elevation 1.0 feet above mean low water at the seaward end and 11.0 feet at
the landward end, extending underground about 35 feet to the center of State Road
No. 140. The landward end would be nine feet below the surface of said road. '!.he
groin would be constructed of steel sheet piles with two 6" x 8" timber wales, and
one ply of steel sheet piles between the wales.
2. Plans of this work may be seen at the U. S. Engineer Office, 575 Riverside
AvenU9, Jacksonvill.e, Florida, and at the office of the Engineer in Charge, U. S.
Engireer sub-office, Miami Beach, Florida.
3. It is not proposed to hold a public hearing on this application, Amyone
desiring to protest the proposed work from the stand point of its interference
with, or effect upoh, navigation should submit such protest in writing, with
reasons in sufficient detail to pennitintelligent consideration. Protest should
be mailed to the District Engineer, U. S. Engineer Office, P. O. Box 4970, Jackson-
ville, Florida, in time to be recehed on or before 5 August 1946.
Signed BLASE NEMETH,
Major, Corps of Engineers
Acting District Engineer"
The following resolution was then introduced, and same was read in full:
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JULY 29TH, 1946.
Rl!SOLUTION NO. 593
A Rl!SOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, PROTESTING
AGAINST '!HE CONSTRUCTION OF A GROIN IN
SECTION 34, TOWNSHIP 45 S., RANGE 43 E.
WHEREAS, it has come to the attention of the City Council of the City of
Delray Beach, Florida, that an application has been made to the War Department
by the Pelican Beach Apartments, Inc., C/O Geo. S. Brockway, Engineer, Guaranty
Building, West Palm Beach, Florida, for a permit to construct a groin in the
straits of Florida, at the foot of Seaview Avenue in Section 34, Township 45 S.,
Range 43 E., Palm Beach County, Florida, and
WHEREAS, it is the opinion of the City Council of the City of Delray Beach
that the construction of such a groin will cause the erosion of the beach to the
south of such groin and necessitate the construction of additional groins to the
south thereof to stop such erosion, and .
WHEREAS, eventually the construction of such groins would reach the City of
Delray Beach and wouid seriously damage the one mile of public beach maintained
by said City, and
WHEREAS, the City Council of the .city of Delray Beach is of the opinion that
no useful purpose will be served by the erection of such groin, am that it will
interfere with navigation,
NOW, THEREFORE, BE IT Rl!SOLVED by the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1. That the City of Delray Beach hereby protests and objects to
the construction of the above described groin for the reasons
above set forth.
Flor ida.
SECTION 2. That a copy of this Rasolution be mailed to the District Engineer,
Un! ted States Engineers Office, P. O. Box 4970, Jacksonville,
PASSED in Special Session on this the 29th day of July, 1946.
(Signed) M. M. DeWitt
President of City Council,
APPROVED :
(Signed) M. M. DeWitt
Mayor
ATTEST:
(Signed) Ruth R. Smith
City Clerk
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(SEAL)
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JULY 29TH, 1946.
Mayor DeWitt explained that the construction of the above proposed groin
would force the Town of Gulfstream to build groins to protect their property,
am this would make it necessary for the City of Delray Beach to build groins
along their ocean front within a few years, to protect their mile of beach.
Mayor DeWitt stated further that a copy of the above notice from the War
Department, together with a copy of the foregoing Resolution protesting against
the granting of the permit, would be mailed to property owners along the ocean
front, asking that they use every effort to prevent this groin being constructed,
as well as to aU Congressmen and War Department Engineers.
Mr. J. Roche, Editor of the Delray Beach News, suggested that they conduct
an inquiring reporter campaign to obtain protests from people on the street,
which would be printed in his paper on August 2nd.
Upon motion of Councilman Butler, seconded by Councilman McNeeee, unll1.imously
carried, the foregoing Resolution No. 593 was passed and adopted as read.
It was the opinion of the Council that a formal protest should be made by a
representative of the City, in person, at the hearing on August 5th in Jacksonville,
and if the permit is granted at that time, the City should take legal action to
prevent the construction of the groin. In the meantime, County organizations and
local civic organizations will be contacted to obtain all the letters of protest
possible, together with expressions of protest from property owners who would be
effected.
City Manager Edmond advised that the County Engineer had asked that the City
fight the construction, stating that their County Erosion Board will protest it,
as they have always recanmended the elimination of groins.
City Manager Edm:>nd subnitted a proposed bmget covering salaries for the
coming year, asking the Council to act as a joint Finance Committee to sonsider
sall8 .
The budget, as proposed, showed a 10% increase in salary in almost all
instances, and same, if adopted, would become effective October 1st, 1946.
The salary for the Municipal Judge was considered, but it was the consensus
of opillion of the Council that the position did not warrant an increase of more
than 10%.
The position of Manager of the Golf Club was discussed, and CounUl agreed
that by keeping a Janitress for the Club House, and a caretaker for the course
itself, the City should be able to obtain a Golf Professional at no salary by
giving him the concessions, arrangements for filling this position to be discussed
with the Golf Committee. .
Mr. Ednond advised the Council that Mr. Wilson Harvel, Ass't. Superintendent
of Public Works, had turned in his resignation several weeks ago contingent upon
an increase in salary to $ 250.00 a month.
Council discussed this position at length, but no decision was reached to
increase this salary more than 10%
City Manager Edmond reconunended the tennination of t!:te employment of the Fire
Chief, Martin W. Barrows, and the Chief Mechanic, J, L. Helvenston, giving his
reasons for doing so as failure to cooperate with the City Administration, and
causing dissention among other Department Hyds.
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JULY 29TH, 1946.
A motion was made by Councilman McNeece, seconded by Councilman Smith,
that the recommendations of the City Manager be approved, to becOJllEl effective
August 1st, each to be paid two weeks additional salary. Upon call of roll
the motion carried unanimously.
The following Resolution was then presented, and same was read in full:
RESOLUTION NO. 594
A Rl!SOLUTION OF THE CITY COUNCIL OF '!HE CITY
OF DELRAY BEACH, FIDRIDA, ELECTING TO PROCEED
WITH TAX FORECUlSURE UNDER THE PROVISIONS OF
CHAPTER 173, FLORIDA STATUTES 1941.
WHEREAS the City Council of the City of Delray Beach, Flol"lda, did on
February 12, 1945, instruct the City Tax Collector to deliver. 'to the City
Attorney for foreclosure .all tax sale certificates and/ol;'..special assessJllElnt
liens owned by the City of De1ray Beach, Florida, upon which City taxes or
assessments were unpaid for the year 1941 and/or prior years, am
WHEREAS unler Chapter 173, Florida Sta:hutes, 1941, the City has the option
to elect whether or not it will progeed unde.r:the provisions of said chapter, and
,~
WHEREAS the City of DelrayBeach desires to proceed with tax foreclosure
under the provisions of Chapter 173, Florida Statutes 1941,
NOW, THEREFORE, BE IT Rl!SOLVED by the City Council of the City of Delray Beach,
Florida, as follows:
SECTION 1. That the City of Delray Beach, Florida, hereby elects to proceed
under the provisions of Chapter 173, Florida statutes 1941, in the
collection of delinquent taxes and specisl assessments by i'oreclosure upon all
of the property in the City of Delray Beach ~on which taxes am/or special
assessments are unpaid for the year 1941 and/or prior years.
SECTION 2. That J. w. Nowlin, City Attorney, be and he is hereby instructed
to immedia tely insti tute foreclosure proceedings under the pro-
visions of Chapter 173, Florida Statutes 1941.
PASSED in Special Session on this the 29th day of July, 1946.
(Si~ned) M. M. DeWitt
President of City Council
ATTEST:
APPROVED:
(Signed) M. M. DeWitt
Mayor
(SEAL)
(Simed) Ruth R. Smith
City Clerk
Council then adjourned to the next regular meeting to be held at 7: 30 P. M.,
August 12th, 1946.
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