09-22-58 A Regular Meet.lng of the City Council of the City of .Delray Beach,
Florida, was.held in the Council Chambers at ?:$0 P.Me,-wlth Mayor
LeRoy Croft in the Chair,. City ~a___ get W. E. Lawson Jr., City Attorney
Harry T. Newett and Co~issioners Col. Dugal G. C~ampbell, Fred B.
McNeece, George Talbot Jr., and George V. Warren being present.
An opening prayer was delivered by Reverend J. W. Swanson.
The Council, on motion of Commissioner McNeece and seconded by
Commissio.~er V~arren, unanimously approved the Minutes, as amended, for
the Council Meeting of September 8th, 1958o
Commissioner Campbell, having voted in favor of tabling, for fur-
ther study, the "Application" of Mr. F. ~. Borons for a Beer License
in connection with. the New Bowling Alleys at~- the regular Council Meet-
ing of August 25th, req.uested th.e opp.ortunity of again l~ringtng .the
matter before the Council for dxscussxon and moved that the applica-
tion be denied, 'Motion was seconded by Commissioner Talbot an~ unan-
imous ly carried.
City Man. age~ Lawson info.rmed the Council of having re. Ceived the
following Bzds for Construc.t~on of the Water Plant Building (Water-
works Facilities Project ~5):
American Structures, Iac.~, $ 83)564;00
John V. Barger Company 85)277.00
Hawkins & Mouw, Inc., 89)242;00
Trieste Construction Co., 88,4A0.00
The City Manager further advised the Council of having submitted the
Bids to Smith & Gillespte, consulting eng'.x~.eers for the City of Del-
study ~ommendatzons and had this day re~
ray Beach, for their and
ceiv.ed a telegram from M~.. Home.r B. Scott, of Smith & Gillespie, ap-
provzug, on be.h?l.f of Smxth & G~llespie, an award of contract on s.aid
Water Plant BuAl~xng to the low bidde~ as reflected on the tabulation
of bids.
On motion of Commissioner Talbot and seconded by Commissioner
McNeece, the Council unanimously approved the .a~wa.rding of Contract,
for the cons. truc~ign of the New Water Plant Bu~ldxng (Waterworks Fac-
ilities Pro,eot #5) to the low bidder, as recommended by Smith and
Gillespie, namely - American Struc.tures, Inc., subject to Performance
Bond, in con~unction therewith, bexng approved by the City ~nager
and the City Attorney.
The City Attorney informed the Council of having provided for the
"NOTICE OF HEARING", as well as the "NOTICE TO SHOW CAUSE WHY ALCOHO-
LIC BEVERAGE LICENSE SHOULD NOT BE SUSPENDED OR REVOKED," and to be
served on V~illie Mae Edwards at $0 N. V~. 5th Avenue, as shown below:
NOTICE OF HEARING
To WILLIE MAE E~VARDS,·
80 N. V~. 5th Avenue,
Delray Beach, Florida.
Notice to show cause why the alcoholic license issued to
you should not be suspended or revoked, said notice containing a writ-
ten statement of the~ cause for such suspension or revocation, having
been served upon you; therefo~'e
THIS IS TO NOT.IFY YOU that the City Council of the City of
Delray Beach, Florida, will on the 2Bnd day of September, 1958, at
?:30 P.M., at the council chambers in the City Hall conduct a hearing
with reference to the administrative charges against said license as
contained in the notice served upon you.
C ont
1
At such heari.n§ you will be entitled to be represented by counsel
and to p~esent evidence to refute sUch charges, ~d a~ other ~tters
in co~ection therewith, as you ~y ~esi~e.
~NE this 9th ~y of September, 1988.
/S/ ~Y T. N~TT
'Cit~ Att6~ey
N~ICE TO SHOW CA~E %~ ALCOHOLIC
B~GE LICE~E SHOU~ N~ BE SUS-
P~DED 05 R~O~D.
You, V~ILLIE ~E ED%V~DS,
T~ading as "Lee' s Place",
Located at 80 N.%~. Sth Avenue, Delray ~e%ch, Florida
a~e her,By notified that Eood an4 sufficient cause has been
which appears to warrant the suspension or r~vocation of beverage
license n~bered 412, issued to you by the C~ty of Del~ay Beach,
Florida, ~der the laws of said city and state of F~or~da for c~rent
license year, or a~ ~enewal thereof, said cause berg as follows:
1. You did, on S~day, A~ust 81, 1958, sell or deliver to Jo~
Anderson, alcoholic beverages, to-wit, one.q~rt of Schlitz beer,
at 30 N. W. 5th Avenue, Delray Beach, Florida, between the hours
of 2:00 o'clock A.M., and 2:00 o'clock P.M., in violation of Sec-
tion 4-A of the Code of Ordinances of the City of Delray Beach,
Florida.
2. You did, on S~day, August 31, 1~58, ~lawfully have in yo~ po-
ssession at yo~ place and within the premises ~o~ as Lee's Place,
30 N.I~. 8th Avenue, Delray Beach, Florida, certain tickets in a
tain lottery, co, only ~o~ as bolita and Cuba, in violation of Sec-
tion 17-28, of the Code of Ordinances of the City of Delray Beach,
Florida.
A hearing to enable you to refute the for?going charse, if you
so desire, has. been set before the City Co~c~l of the C~ty of Delray
Beach, Florlda, on Monday, September 22nd, ~58, at 7:30 P.M., in.
the Ce~cil C~rs in the C~ty ~11 of sa~d City. At such hearing
you will be entxtled to be represented by co~sel, and to present
evidence to refute such charges, and a~ other ~tters in co~ection
therewith, as you my desire.
If cause to suspend or revoke your license is sho~ at such hear-
ing, the City Co~c~l of DelraY Beach will enter an order to suspend
or revoke it.
DONE, this 9th day of September,
/s/ T.
City At't °rney
_ Att'y. Jos. Tomberg, legal co~sel for Willie ~e Edwards, in
reply to the City Attorney's inqu?y - "How do you wish to plea",
stated ~at at the t~e of the t~xal we did not deny selling the
t of b~er outside the legal hourly period for such sale but we
en~e~ hawng any ~owledge of the existence of lottery tickets and
~illie ~e Edwards stated she w~s not guilty of having any such ~ow~
ledge of existing lottery tickets at this address of ~ N.I~L 8th Ave.
Chief of Detectives Gordon.Roddick, aft? b$ing sworn in by the City
Attorney, ack,lodged hav~ng arrested ~ill~e ~e Edward at 11:00
on A~ust ~lst, 1958, fo~ violation of Section ~-4, Chapte~ ~ of the
city's Code of Ordin~ces and for having fo~d lottery tickets in a
dresser drawer at the rear of the bar room including some of a "S~-
day ~ecial" issue.
Wilt~e ~$ Edwards rounded the Co~cil of having been granted a
Beer & W~ne l~cense fo~ several yea~s and of h~ving had no previous
trouble,.amd Attorney Tomberg felt that she, l~ke anyone, is entitled
to one mstake and pleaded fo~ he~ to only be rep~nded for this
violation ~ to be allowed to continue in operation, it heine her
only livelihood, subject to an ~derstanding that, upon another vio-
lation, suspension of license would then be ordered.
SEPTEMBER 22nd, 1958 155
Comm_issioner Campbell, citing the fact that ~th~ defendent, ~Villie
Mae Edwards, has admitted being guilty of selling Beer in violation
of Sec. 4-4 of Chapter 4 in the City Code of O~d!.r..~nces, mo~'ed that
License No. 412, d~.ted September 2$th, 1957 ~.nd ~.~sued to Willie Mae
Edwards, be revoked an.~ that permit for Sale of Beer and Wine bM said
Willie M~e Edwards, d/b/~ Lee's Place be suspended for one (1) ~ear.
Motion was seconded by Commissioner McNeece and upon Call of Roll -
Co~!ssioners Campbell, McNeece and Mayor C~oft v~ted in favor thereof~
Commissioner Warren was opposed and Commissicner Talbot abstained.
The City Manager submitted an 'Application' for deviation con-
cerning Imperial Florida Oil Company's property on Lots 22, 2S,and 24,
Block lll, Delray Beach, and ~L~. EdWard W. Kreutz, representative for
said Oil Company, requested all possible consideration by the Council
and,. if possible, a tentative permit subject to approval by the Pl.an-
ning Board and report from the Stat? Road Department that such devia-
tion, as requested, would not conflict with the requirements of said
Department as to set-backs.
Commissioner Campbell moved that a temporary permit be granted
7~pe.rial Florida Oil Co.m~any for.re-location of their .Pumps at the
withxn r.efer.red to .locat~o.n, subject to the understanding that a for-
mal pemm~t will be ~ssued xf approved by the Planning Board and meet-
ing the requirements of the State Road Department and further subject
to.the Imperial Florida Oil Company, at its own expense, re-locating.
Sa~d Pumps at such time as the State Road Department should, if ever,
abandon the present right-of-way, an.d which .xs hereb.y agr?ed upon by
N~. Edward W. Kreutz as agent for sa~d Imperxal Florida Oml Company.
Motion seconded by Commissioner Talbot and unanimously approved.
City Manager Lawson then read the following Resolutions:
1. RESOLUTION NO. 1145.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLCRIDA, ORDERING THE CLEARING, GRADING AND PAVING OF SOUTH-
WEST FOURTEENTH AVENUE BETWEEN ATLANTIC AVENUE AND THIRD STR
TO A WIDTH OF TWENTY-FOUR (24) FEET.
2. RESOLUT ION NO. 1146.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, ORDERING THE CLEARING, GRADING AND PAVING OF SO,H-
WEST TWELFTH AVENUE BETWEEN ATLANTIC AVENUE AND THIRD STREET
TO A ~IDTI{ OF T~:~ENTY-FOUR (24) FEET.
$. RESOLUTION NO. 1147.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, ORDERING THE CLEARING, GRADING AND PAVING OF SOUTH-
WEST THIRD STREET BETWEEN T~LFTH AND FOURTEEi,~H AVENUES TO
A V~IDTH OF TWENTY-FOUR (24) FEET.
4. RESOLUTION NO. 1148.
A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF DEIRAY BEACH,
FLORIDA, ORDERING THE CLEARING, GRADING AND PAVING OF SOUTH-
WEST SECOND STREET BET%~EN FIFTH AND FOURTEENTH AVENUES TO A
~VIDTH OF ~_~ITY-FOUR (24) FEET.
5. RESOLUTION NO. 1149.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIJtAY BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE
OPENING, GRADING AND PAVING OF THAT PART OF SOUTHEAST SIXTH
STREET LYING BETWEEN THIRD AND FOURTH AVENUES TO A WIDTH OF
TWENTY-FOUR (24) FEET.
On motion of Commissioner Campbell and seconded by Commissioner
Tslbot, the Cou~ci].~° : ~-
11¢5, ]146, 1147 and ]148 on first an~_ finalre..dzna~ '.~.
City" - ~ .
i~,?m~.ger Lawson revie~.~ed the fo].!owin; BIDS received for
provemep.~ l~rojects $2]O2001S, S2Z02002S, 8~Z0~88, 82102004S and
o:,10~00o~:
ls~ Pro~ec~ - SW l~h Ave. ~ 9,~,].~.~8'~ .... '1!,84b.40"
~,~' 8rd S~r 4,052.00 oIL~L~ b,~u~.
4~h " SW 2nd " 19,150.62 JOB 23,231.~0
5~h " SE 5~h " 2,884.06 BID 2,582.00
TOTAL $48,077.S0 57,555.45
L[~G~ S~ BID $46,000.00 $51,670 25 $54,890.!4
Commissioner Warren moved ~ha~ Resolution No. 1149, a~horizing
lhe City ~,~anager ~o ~roceed wi~h opening, gradin~ and pavin~ ~ha~
part of Sou~heas~ Sixth Stree~ lying betv,,een Third and' Fourth Ave's.,
~o a wi~lh o~' l?~en~y-four (24) feet, subjec~ ~o award of contrac~ for
such improvemen~ being made to 2he low Joint Bid (l~p s~) received
by ~he City ~,~anager for ~he improvemen~ o~' Prc. jec~s 32102001S,
221020028, 221020038, 321020048 and 321020058, in order ~hat an over-
all saving, in excess 'of $2,000.00, be created. ~olion seconded by
Co~issioner Talbol and ~manimously passed.
~ ' ' ' :~r~ e~ s imluiry re?rSin~ .z.:~ ~ o~zemen~
of Sou~h~,~esi 10~h Avenue, the City !~anager advised of havi~g received
N0 Deposits for esti::'~a~ea cosi of such improvement from abu2tin~ pro-
periy owners as had been soliciled a2 ihe sus~estion of A~orney
who a!!e~e~!y had con~ac~ed property m~mers aI'fec~ed
ha~ indicated their desire and ~i]!ingness ~o ef~fec~ advance paymen!
(a~pos~) of estimated costs for such.improvement.
t~,,..n rea~] ~he fotlm~ing "Reports" from the
The City ]..,[ana~er
........... ~ ~,. ~on~.n~ Boar~:
1. ~E: I:roposed Ho2el - ~-8 Zone - Lo~ 80, So. Ocean Blvd., and ~he
. ~al~m~a and Arc;~.r
DEVIATION Re~ues~ of ~essrs ~ ~ ' ~
(herein a~,~ears co~'~y of saJ. d Plam~in:: Board
dated Se[o~e~eF ]3~h~ ~958; also co-?y o~
Re~ues~ da~ea September Bra, 1958~ also copy of
~e~e~ Jrom ZonJ~ ~o~seZZor ~ ~'~
dated Au~us~ ll2h, 1958.
(See ~ages Z60-A ~u Z60-E.)
0o~issioner Talbo2 moved ~Ea2 2he Deviation ~e~l]es~ Of ~,,~essrs.
Calaml~ and /~rcher be Sran2ed as reco~endea by ~he ~lannin~ Board
~.fotion...~. wo.s o.~conded~ ~ ]-o~ Co}~iss~ oner_ ?[cNeece and upon Call of_ [(ol! -
Comrr~issioners Talbot, i.c..~eece, Warren and ~ayor Croft voted in favor
thereof, Com~ssJoner Campbell abstaining.
2. RE: Requ. est for Chan~:e of Street Name - Planning Board R~eport of
0 · ~ ~ ·
oep~ember !~t., ~95S'
TO Ci2y Commission;
. . u'al~es ~one a-
l~r and ~;~rs ~.~cLaul;hlin, ~ho operable ~ ~'
par~en2s on Cors. li~a. Lane ha~'e requested that ihe lane,
fro~ Casuarina Road ~o Bucida ~oad in ~eafjate be ren'~u~ed Vene~ia~
They claim in their ].ett.~r of
.~ .,~,~st 27th to the ~ty
].fan. a er that b~:J_n[~ only one block ]oz~S, no one seems to ]chow of
The ~,-,~ is out r~: by out 50
4
SEPTEMBER 22, 1958 157
feet but is a very obvious extension of Venetia. n D~ive and has not
structures other than their apartments facing
Ou~ board recommends that the name be changed as they request.
/S/ ANDREW L. FABENS Chairman
On motion of Commissioner. Talbot and seconded by Commissioner Fred
McNeece, the Council unanmously approved changing the name of Cora-
lite Lane to Venetian Drive as recommended by the Planning Board,
Commissioner Warren moved that Bills, in the amount
su~.tted by the City'Manag.er, be paid subject to .the approval of
the Finance Committee. Motion seconded by Commissioner Talbot and
unanimously agreed.
On motion of Commissioner 1~lbot and seconded.by Commissioner
Warren, the Council unanimously approved the appozutment of Mr. Edwin
H. E~ing.t~- the Palm Beach Resources Development Board due to the
r.esignatlon of Mr. Wm. L. Carpenter from the Board, as recommended
by the Board's President Mr. C. W. Garner,
Commissioner Came. belt called the attention of the Council to the
fac~ that th.e following Paragraph: which appeared in Section B of
Chapter VI ~n the old Code of Ordinances ha~ been omitted from the
Electrical Section, appearing in Chapter 15 of the current Code of
Ordinances-for the City of Delray Beach;
"IT SHALL. BE UNLA~FUL FOR THE ELECTRICAL INSPECTOR OR
ANY OF. HIS'ASSISTANTS TO ·ENGAGE IN THE BUSINESS. OF
THE SALE, INSTALLATION OR MAINTENANCE OF ELECTRIC
WIRING, DEVICES, APPLIANCES, FIXTURES OR EQUIPMENT,'
EITHER DIRECTLY OR INDIRECTLY, AND THEY SHALL HAVE
NO FINANCIAL INTEREST IN ANY.~ CONCERN ENGAGED IN
· SUCH BUSINESS IN' THE CITY OF. DEIRAY BEACH AT ANY
... TIME' WHILE .HOLDING SUCH' oFFICE AS HEREIN PROVIDED FOR."~
and moved that the Clt.y Attorney be instructed to prepare an ordi-
nance which~ shall provide an amendment .to the present Chapter l$'to
include the 'hereinabove st.ipulation,, an.d, further, to prepare.t.he.
necessa~ry..ordinances for s~mttar conditions to govern the actxvltmes
of other Inspectors within the City employ. Motion was seconded by
Commissioner Warren and unanimously passe~.
On, motion of Companies.ichor McNeece~and sec'°nded by Commissioner
Talbot, the Council unan.z?ously agreed that the City Manager be..re-
quested to.arrange a.meet~ng to be attended-by the City Manager,, the
City Attorney, the City Englneer,.the City's Fiscal Agent, the Fi-
nancial Ad.visory Board, Mr. Mellon and his.desired repr.esentatives
together with the Council, as soon as possible, to consxder letter
received from Mr. Henry J. Mellon, President of South Coast Develop-
ment Corp., dated September 19th, lg$8, (Wate~ Supply to Tropic Palms)
· City Attor.ney Newett advised the Council of having served legal
notices on Semxnole Construction Co. of Fort Lauderdale, and Peerless
Insurance Company to the effect that the City of. Delray Beach is ·
exercising its contrac.t right tOe terminate the employment of the con-
tractor, and that it will forthwith take PossessiOn of the premises
and all material, tools 'and appliances, and finish the work by what-
ever method it may deem expedient, such C6ntract being that entered
into by Seminole Construction Co~' f~r installation of Storm Drains
in Section "D' for the City of Delray Beach, Florida. ".
Cit~' Manager Lawson read the following' Bids received for the
completion cf the Stomm Drainage System in Section "D";
Darge.1 Construction Co.,Inc.. $ 28~399.50 ;
Hardrxve s Company · S1,182.50
Oneman Engineering Co., 24,418.25
Time of COmpletion from Contract execution - 80, 80 & 50 days res-
p~ectively~
158 sE?r~m~H 22nd, 1958
On motion of Commiss.ioner McNeece and seconded by Commissioner
Talbot, the Co~cil ~xmously ~pprove~ ~e a~ing of Con~ac~ for
construction of ~o~ Drainage System ~ Section '~D" to ~he Iow bi~-
der ~ub~ect to Cxty ~nager approval of the perfo~nce bond~to be
fu~shed by the successful contractor.
City ~n~ger ~wson sub~tted a 'Petition' signed by ~everal res-
idents on N.~E. Bth Avenue which requested that the operation of the
cre~tory at the Scobee F~eral Home cease f~ction~ due s~e being
obnoxious, objectionable.and ~oying. . .
~ motion of Co~s~one~ C~pbell and seconded bY Co~ss~oner
Talbot the Co~cil ~~ous!y agreed that the City N-nager arc,ge
fo~ a ~blic Heari~ on the ~ssue of Cre~tory existence at ~08 N.E.
8th Avenue to be held ear~ ~n October, 1~88, a~, f~the~, that the
City ~nager and City Attorney should contact ~. Scobee with ~ v~ew
toward effect~g a possible early solution to the problem, re~ndxng
~. Scobee that the co~sx~erat~on of the City Co~cil, ~egard~g 1
cation of a c~e~to~ ~ the Delray Beach O~ete~y property, is st~ll
ope~.
City ~aage~ ~wson then read O~d~ce No.
~ ~D~CE ~~G SECTIONS 8-8 and 8-? OF T~
CODE OF ~D~NCES OF T~C~Y OF DE~Y B~CH, F~.,
RE~TING TO ~G~; PROHIBIT~G PE~ONS ~G ~ CON-
TRO~I~' D~S ~ PEriWiG TH~ ~ P~LIC BUI~
~S 0R ~0N ~ICIPAL B~CHES; ~D ~OVID~G A P~-
AL~ F~ VIO~T~ON OF C~~ 8 OF THE CODE OF 0~I-
N~CES.
Co~ssioner ~cNeece s~geste~ t~t certain ch~ges therein, con-
cerni~ specific ~dentity o~ "m~icipal beach".
~motion of Co~ssioner C~pbell and seConde~ by Co~ssioner
Warren, the Co~cil ~n~ously approved plac~g Offence No. G-2~?
on first
7he City ~nage~ ~n~o~ed.the Co~cil o~ meed fo~ $8,888.~ to
prow~e f~s fo~ addxtxonal ~ns~nce pre~ costs, fo~ ~he current
fiscal y?r, due to the a~l audit of WorSens Compensation Cover-
ese and ~ncrease~ of employee bond coverage as-recovered by the
C~y's f~scal ye? ~uditor; also need fo~ $~,0~.00 to cov? the
qu~r~ent fo~ P~c~pal ~d ~terest ~et~eme~t on the Speczal Tax
Revenue Certificates not prevxously p~ov~ded xn the current budget
due to circ~tanoes.conc?ming the sale of the Golf Co~se ~d ulti-
~te delay ~n effect~g f~nal sale thereof.
~ motion of 9o~ss$oner C~bell and seconded by Co~ssione~
War~en, the Co~c~l ~an~mously approved author~ the City ~nager
to p~ovide transfer f~om ~appropriated S~plus $11,080.00 for Special
T~ Revenue Certificate principal and iht?est retirement, also the
s~ ef $8,888.00 for added ~s~ance pre~ costs.
0n motion of Co~ssioner Campbell and seconded~by Commissione~
McNeece, the Co~cil ~an~mgusly agreed 9n denying the request of
~. Jo~ E. Beatty for p~w~ege of p~c~ng a temporary sign on City
propoe~ty at South Federal ~gh~y and 10th Street.
7he City ~nage~ read a letter from Seacrest High School wherein
co~ent was ~de for the Seacrest High School ~rching and Conce~t
Band to be available for perfo~nces in Boston Beach, Delray Beach
and Boca ~ton d~ing this school.year and agrees to give a total of
three pe~fo~ces ~ each comm~aty as ~equested by the various
City Co~cils of the respective c~ities and to be in cooperation·
~th their ~e~ ef Co~e~ce, and on motion of Co~ssioner War~en,
seconded by Co~ssioner C~pbell, the Co~cil requested that said
letter be ~ecorded and ac~owle~ged.
(see Pages 160-F & 16C-G)
N~. Al.ex Cecil .again.pleade.d with the Co.oil to initiate action
and an o~dznance which ~ght eliminate the presently ~des~able con-
ditions existing in ~rio? residential section~ of the City insofar
as the park~ of t~ucks ~s concerned. ~. Cec~l f~ther ~equested
that the Co~cil c~b the iss~ce of Occupational ~censes within
residential areas and ~s info.ed that the possibility of such curb-
lng of licenses is not proyided f? in th~ City's Code 9f O~dinances
otb? than necessa~ co~l~ance w~th requirements contamned in the
zoning ~egulations and Ordnance No. G-2SA, but ~s ass~ed, however,
that NO "~ome Occupation" licenses would be issued ~ R-~ or R-~
zoned areas, and was f~the~ advised by the City ~nage~ of the City's
desire and intent to ~ni~ze if not eli~nate ~desirable conditions
in this regard which might bo~de~ ? violation of privileges granted
by virtue of occupational license ~ss~nce and to. rd this end the
~ger info~med ~he Co~cil and ~. Cecil t~t ~e following ADDED
"~e~s and conditions" w~l~ be ~de a pa~t of each ~d eve~ occupa-
tional license issued show~ only a ~es~dential add~ess of the l~-
s encee:
"~d subject to the te~ an~ conditions on
reverse side hereof"
being as roll.s - "NO ~T~L OF ~ NAT~E S~LL BE ~I~AINED
ON THE P~ISES OF T~ LICENSEE FOR SALE, LEASE
OR RE~AL, NOR S~LL ~ A~OM~E EQUI~T
IN EXC~S OF ONE-~LF TON CAPAC~Y, USED ~ CON-
~NCTION WITH THE HER~Y LIC~SED OCC~ATION, BE
P~LY LOCATED OR PA~ ON THE RESIDE~L
PROP~TY OF T~ LIC~S~ ~ NI~ OR OVER A~
~ ~D."
Co~ssioner Campbell moved for approval Occupational. License
"te~ and conditions" as read by the City Nagger. Mot~on seconded
by Co~issioner Warren and upon Call 9f Roll - Co~issioners C~be~,
Talbot, Warren and ~yor Croft voted ~ favor thereof, Co~issioner
McNeece being opposed.
City Attorney Newett inquired of the Co~cil as to its desire in
accepting settlement from the Peerless ~surance Co. any, relative to
the ba~ruptcy of Seminole Construction Co. of Ft. ~ud~rd~l$, i~ the
~o~t of $?,800.~ which appears to exceed the total l~ab~l~ty mn-
volved as a result of said ba~ruptcy.
The Co~cil~ however, at the s~gestion of Cg~ssione~ Ca.bell,
requ?ted the C~ty ~gsr to dete~ne all possible costs ~ con-
nect~on therewith, especially replacement of.the par~ay within the
area concerned, n~ely Section "D", ~d sub~t a report of h~s find-
ings at the next regu~r meeting.
~ETING ADJOin.
~ R. D. WORTH~G
Hmorab:l~ IQ~or
mhd O~ty Ccm~ssi~
~ ~~~ ~by ~e
~ $~ti~ 13, ~ ~e
Y~ 13, Sec~ 13,
~taide ~ ~
set ~k ~ ~ sides, e~ept
~ ~ld~ ~ a ~o
~es$ ~ ~ f~t.s
~ 1~ f~t ~ heist ~ti~ is not ~ ~8~,n~
~e w ~ c~ct ~ ~e ~t ~ ~ o~ce ~ch
~ ~bit ~oi~ ~ h~e8· ~g ~e~ ~~,
set ~ 20 feet
Yt i8 ~ ~n~, h~r, ~at
~ a~ ~ ~ ~~ p~J~t for t~ fo~~ ~o -
1. ~e p~~ ho~l ~ ha~ a M~k ~ 2~ f~t
f~ ~ ~e~
~ ~ai~ ~ c~c~t ~ ~s howl ~ve~t i8 ~ u~se
~e ~ fr~e
c~a ~d ~
e~t ~~y ~e nd ~ ~ na~ ~ of ~ B~e-
v~ ~d She beach ~a.
for a 2~ f~t ~b~k,
~e ~a~ ~ot
~ae8 ~. O~e~se we ~ ~ve ~ ~ c~ ~equa~
H~crable Y~yor and - 3 - September 3,
City Co~aissio~
In aa ~mch as the Pope and Blake plan does not
interfere ~ith the land use regulattm and further,
in a~ ~acb as i~ provides generously for opea spaces
it ~uld ~eem t~ ~e as a practicable di~poaiti~ of
the ~a%ter the Planning Board could grant a variance
and approve the iseuance of the per~ite This
be predicated ~ hardship; to prevent the
being built as designed may impose a hArd~xtp
the mmer~ by depriving them of the best use of the
lande'
It would be our intent to clarify the situatic~ with a presente-
time of actual-scale mmAels so that t~ose ~ho will sit in Judg-
ment of our appeal ~ill better be able to visualize the problen.
Enclosed is our check for $15.00 in payment of the required fee
for process/ng, and ~e request that the suggested deviatio~ be
given your careful cc~sideratio~ and approval. We are se~ding
copies of this letter to the City Con~issioners end the members
of the Zo~Lng and Planning Board for their information.
Please advise u~ of any hearing ~ith r~ference to this request
and we ~ill ~e glad to appear in pers~ and furnish any further
REA:el
Enc.-Check
GEORGE ~A'. ~IMONS, JR.
PI,ANN1N{L ZONING
A ND .MI'N1CII'AL FIRST FEDEHAL SAVINGS BUll. DIN(,
CONSU ia'ANT JA ¢'K SONVILLE
Colonel Andr~ L. Fabens, Chai~nan,
City Planning Board,
Delray Beach, Florida.
Dear Colonel ~
Since our telephone conversation I have heard from Bob Blake and a
few minutes ago discussed the situation with him.
Section 13, i~ 13 did no~ ap~a~ in ou~ o~iginal
My old no~es ~eflec~ tha~ i~ c~e in~o being as a ~esul~ of discussions
in the Boa~d meeting. A~ the ~ime~ no pa~icula~ building wa~ anticipa~
but no~%hs~a~ing i% was de~ ~vilable ghen
set back af~e~ ~eaching a certain height. I~ may have c~e fr~ ou~
consideration of a provision in the T~ of Palm ~ach o~inance ~erein
they sought to re~ire setbacks above a certain height ~ich a group
architects up there de~ advisable.
In ae much as the Pope a~ Blake plan does not interfere with the
land use regulation and further, in as ~ch as it provides generously for
open spaces it w~ld a~ to ~ as a practicable disposition of the
matter ~at the Planning Board c~ld grant a variance and approve the
issuance of the pe~it. ~is could be pr~icat~ on ~rd~ipl to prevent
the s~ucture ~ing ~ilt aa deagn~ may impose a ha~ship on the ~ers
by d~riving ~ of the best use of the land.
If ~e Board is inclin~ to take ~ie course, they could then as e
seco~ et~, ~ the ordinance ~ a re, sion of the ~eetionable section.
~ia obviously ~ll re~ire s~ t~ ~cauee an ~n~nt ~ll ha~ to he
aubJect~ to a p~lic hearing.
According to Bob, ti~ is of the essence.
I shall be d~ to see y~ s~e day next ~ek or the ~ek foll~ing.
With best regards, I ~,
Sincerely yours,
~S ~ ~BB
CITY ()F ])ELI(AY BEA(~H
F}ELRAY BEACH. FLORIDA
CITY PLANNING BOARD ZONING COMMISSION
The City Co~aission,
Delray Beach, Fla. Sept. 13, 1958
Crentlemen: Re~ Proposed hotel R-3 -.one
Lot 30 S. Ocean Blvd.
Nessrs Calamia & Archer
Messrs Roy L. Calamia and Robert E. Archer,
owners of Beach Lot 30, S. Ocean Blvd. have petitioned
for a deviation in the construction of a hotel thereon.
~hereas our zoning ordinance permits a hotel
in this location to be built to a height of 100 feet,
provided exterior walls above 75 feet on the side and
rear be stepped in by a con,sing for~mla, they request t
that such exterior walls be continued ul~ard another
11~ feet. The hotel would then be 86~ feet high.
No other deviation is asked, in that the
side walls would be 10 feet from the property lines,
and the front and rear walls would be 260 feet from
South Ocean Blvd. and 125 feet from Gleason Street.
~nile some parking is allowed for on Lot 30,
sufficient additional parki~ is provided west of Gleason
St.,~lb~r arra, g®~ents for which are explained in their
attached letter of Sept. lJth.
At our meeting, Sept. 10th, ~r. Sinks moved
that the deviation requested by
view of the results of all the d&scussions between the
Planning ~ard and ~r. George ¥. Simons, Jr. and part-
icularly in view of the opinion expressed in a letter
recently received from Mr. Simons, and ~urther that the
Planning & Zoning Board proceed i~ediately to consider
proper clarification and amendment of the Zoning Ordinance
as recomended by Mr. Simons alo~ the lines outlined
in his letter. Motion Seconded by Nr. Lankton. On roll
call, those voting in favor were Jacobson, Lankton, Sinks
and Fabens, abstaining Blake. Motion carried.
Respectfully submitted
Planning A Zoning ~ard
E.o. Letters 9/3158 m~l 91lll58 from ~; Calais;
sa~e of Sept. ll0th.
~r. Si~ons letter Ang. 11,
Honorable ~a~or amd - 2 - September 3, 19~
City Cc~aisaicm
parktx~ facilities c~ the rear of our lot, prc~tbiting the planned
astback fr~a Ocean Boulevard.
3. ?he total ~re-f~cage ef lot 30 is 73,800 feet! the
ground space ~feare-footage ~ prc~ee to ~ee for the hotel it-
ee.~* :La ~ ].0,700 aqua.re leo't, - thuf, ue are util.'J.s:l.n~ less
t~an 15% of the pr~per~y for cc~eta~ctic~ ~f the hotel. ~ith the
acMitienal ~paare footage for the planned cabanas, ~ still ~
u~e about 20% ~f the property.
4. Our appeal for deviatian is net to b~tld to the full
100 foot heigh$ of the side w-~]s but ~ an additic~al eleven
amd one-half feet higher then the 75 feet liaitatic~.
5- It is ~ur ~piniea that for t~e ebe~t ~aage' cg this
this ordinance (as it applies to additimxal aet~acks above 75
feet ia height) actually daffeate a 100 foot allowance to all prac-
tical purposes.
6. We could design and build a s~netroeitye ~hich ~
oizeable portion of the property and could run virtually M)O feet
full length fr~a East to ~eat - thio ~nlfl not, however, be the
type of gracious development de~anded by the oce~ frc~t property
and by the dig~4~ied standards of De,ray Beache It is our opini~
after thorough study that the developaent ef this type af hotel
~t~ta devia~c~ to ~ake it ec~ac~ically feasible and ~uld
taxes a project of this Mind muld bring into the city coffers,
but weuld ~ be a tre~e~deu~ benefit to the city ~erchant~ Go
would welcome a hotel ~ich ~ operate ten ~e~ths out of the
year, encouraging ~ tourist trade.
We would ~ like to ~it to the Council and, if per~ittedo
to the Zoning Board, a copy ~f ~r. Geerge W. Si~mn8' August 11
letter to Colonel Andrew Yabens en the subject, in ~mich he states-
~ecti~ 13, item 13, did not appear in our
original tentative draft. ~ old notes re-
flect that it cm into being a~ a result of
discussions in the Board ~ee+-~n~. At the
ti~s, no parti~ b,,!'ld'l,~8 was anticipated
but not~itheta~4,2 it ~ dee~ed advisable
then to include ~o~e sort of set back after
reaching a certain ~a~ghte
MAIL
P. 0 BOX
ROBERT W. FULTON. PRINCIPAL DELRAY BEACH, FLORIDA
September !7,
Cit.3 C=~.n<:iL
De 1 ra,y -tach, :,~1o rl
Dear M ' ~ ,~ro.t:
*~a~ :~,eacrest. ~"~ :h ,.°chool March[hq and Concert ?and will be
available ~or perfo?~nces in Bo~ton Beach~ Delray Fetich and Boca
~aton ~:~rinc this school year. The ban~ will civea t~tal of
thr~e p~-fopmances in e~ch co~m~ity as requested by the City
Jo~cil of the respe*-~uive co~ities in cooperation with their
]h~ber of Commerce.
'fh~~ foiiowin* policies and resulations control the activities
of the geacrest Hi::h,~<~chool P, and:
1. ]::and ca~ot play on Satu-days~ S~days or school holidays.
2. 'and will play on a school day or school ntzht in any of
our r, aree supporting com~ities up to and including
three per?~rmances per city (excludi~ football season,
Leptember, October and November).
At all perfo~ances the band will be In ~ifo~ ~d at
full stpan**th, with the excsption of students who are
excused becaa,_e' ~ of illness.
~. l:,and par, a~ ~ will he_ resoonslble, for their child's
attenaance at a scheduled band perfo~ance. If a band
:nember ~isses a ~andatory perfo~ance because of any
exc:.~e other than illness (personal or in the family),
then the student's ?and ~lrade for that 6 weeks p~r!od
will be reduced one letter crade. If s second unex-
cuse4 ~bsence occurs, the band member will be dropped
._t'~ ~an~.~ ~.:~ I~ cot u~lav for individual or~Tanizations or
'rou~,s other taan tho~e sanctioned by the City Co~clls
~,~' ~-~-~ ~,~ree c~>'~r~mities involved.
6. School functions, such as football .games, basketball
~ames, plays, etc., have first priority in the use of
the Seacrest Hish :4chool ~3and.
7. The band car=not play Uuring September~ October or
November for any civen performance other than football
half-tlme shows.
These policies and regulations have been established through
the cooperative efforts of the Seacrest Band Boosters Association~
the adL.~inistration of teacrest !~.i~:~h School and the Band Leader,
Hay DeMaris. .~e .'~elieve t~:e policies and r~gulatlons are educat_~onally
sotu~d, bringing about a bet%er understanding of school and co~'?.unity
problems in a conso~imated !Ii;~,h ,'choo[.
Un behalf of th,~ ..eacrest UI.Zh School Band Boosters
Association, the ad.~inistrst]on of :';eacrest Hi~h School and Mr.
Ray DeMaris, Band l;irectcr, we wish i:,o thank you, the members of
Boca :{aton Council for the .:~,nero ~s support .you have ~tven our
2.!ncere!y yours,
~ ~~I~~' ~ : ~al
: ::~nd~, .rector
~ecret~ry Band ¢oosters Assn.