12-14-53232
December 14th, 1953
Regular meeting of the City Council of the City of Delrsy
Beach was held in the Council Chambers et ?:30 P.~. with Mayor
R. J. Holland in the Chair, and Acting City Attorney Harry
Newett, City ~lanager Robert Lovelace, and the following Council-
men present: John N. Kabler, J. L. S~unders, and ~irs. Alma K.
Woehle, s quorum being present.
MOTION Ninutes of November 9th, 23rd, and December let
approved Kabler and Woehle, Unanimous.
Public Requests - none.
Architect's Fees on Golf Club House.
~r. Lovelace - Original bill for $1,000.00 for settlement of
~ccount on Club House services. 0rigin~l Club House which was
too expensive and we can not build. Prooosed Club House now is
$45,000.00 and terms of ~greem~ent for t~is building would be:
a. A total fee of $2800.00
b. $1,000.00 retainer payable now
c. $1,000.00 payable upon completion of plans and
specifications
d. Balaoce of $800,00 ~ due upon completion of the
building.
The above proposal was submitted by the Golf Committee and
Richard Hanna. It embodies complete architectural services for
the proposed new clubhouse which would supercede the old agreement
and cancelthe original set of plans. The $2800.00 fee would include
both set of plans and complete architsctural services to the
final execution of the contract.
Nr. Lovelace - This is establishing a $2800.00 fee. Scrapping the
old program for the new Club House at $4~,000.00. Retainer fee
payable now. Would ~ean a total ~rchitectural fee for both sets
of plans of $~300.00. Figure of $~,000.00 was agreed on as the
cost of a Club House. Sale of lots wasto account for $£2,000.00
of the $4~,000.00 plus the amount set ~p in the budget. I am
instructed to process an issue of Revenue Certificates to
include $~,000.00 for the construction of a Club ~iouse plus
$10,000.00 we h~ve at hand.
~rs. Woehle - Are they re~dy to start work? If not there might
be more retainer fees later on.
Mr. Hanna - Preliminary concessions have been made for the new
work. They have been tentatfvely approved by the Golf Committee.
~r. Lovelace - We are ready to go on a Revenue Certificate issue.
Have been trying to do it ourselves without a fiscal agent and
have not worked it out as yet.
~r. Ho~lsnd - Think this fee should be paid if it is to be used
on the final project.
~r?. Woehle - Shouldn't the plans be Orought up £or us to see?
~r. Hanna - ~e have an active group of golfers in this Town who
are interested in a Club Rouse. They feel it should be a Country
Club as well as a Golf Club. A building suitable for dances,
parties, civic functions, etc. That g~oup feels it should be
large enough to ~ccomodate that purpose. Now boiled down to
what they can get by with in the ne×t few years, but ~rranged so
that it can be expanded and enlarged. Snack Bar with a smaller
kitchen rather than a Restaurant with a large kitchen. Facilities
for food preparation. Condensed in all ways except the main Lounge.
Screened porch which can be opened to acco~.odate a pretty big
crowd. Specifications have not been drawn. Realized the cost
would be too high on original plans. Tnir~ it it is at all
possible for the City to finance the larger building it would
be more economical in the long run to go ahea~ with the larger
building.
Decemb~,r l~th, 1953
~rs. Woehle - Think an agreement should be reached as to whether
it should be only a Club House or s Community Recreation Center
and Country Club.
~lr. Lovelace - Golf Course is now close to self-supporting for
operational purposes.
~Vir. ~abler - Wouldn't it be better to settle with the Architect
on what is rightfully due him and then cons!der what is really
needed and wanted? Isn't it follish to continue to draw
before the money is ~vailable to construct the building?
Mr. Lc~elaee - Think that a Club House is as much as we can do
for the next five - ten years. Think $~5,000.00 is the limit.
Th!pk this 2n.d set of plans is as good as you c~n get. This is
gotten down to a simple function~.l building and is still good
looking. I don't see how we can Set any more Club House for that
mo~ley.
Mr. Kabler - Think we should let it ride until the next Council
comes in, to decide what is wanted and can be ~.nanced.
~r. Hanna - I ~ill draw new plans if necessary and apply this fee
on f~t~re Architectural fees. I have prep,red preliminary
drawings on this particular Club House, whioh were accepted by
the Golf Committee verbally. ! don't feel I can start over ~6~in
and draw new plans if asked to and spp]_y this p~yment on the fee.
~r. Ho!]~nd - P~y him for wh~t he h~s al ready done and wait l~ntll
It i~ decided Just what is ~nted.
Mr. Hanna - OK. P~y ~l,000.00 now for the work ~lready done.
~1,000.00 paid tonf6ht can be applied to either set of plans
used. Settlement on programs to date.
Mr. Kabler - Set In special session with Golf ~ommittee ~n the
next day or two.
Mr. Saunders - Feel the Council should see the plans. Think it is
the duty of the Council to passon the plans even though approved
by the Golf Committee.
~{r. Love]ace - Ail you agreed to was to recognize Mr. Hanna ~s the
Architect 8nd to pay him ~ $500.00 ret_~iner fee.
MOTION K~b!~r and Saunders. Think we should get with the Golf
Committee. Unanimous. Notify ~.r. Hanna of the meeting.
~.r. Holland - If ~nyone Is ~_nterested in the purchase of ocean
front property we will hear you now. No one w,nted to be heard.
Proof of publication of application for Certificate of
Pub]lc Convenience and Necessity. Shedrick Fashaw.
Hearing Held - No protests.
Mr. Lovelace - Think any objectors should be present and present
their case.
Fasbaw - My business warrants another Cab. Can not take care of it
~ith one Cab. No objections filed. No objections from Police Depart-
ment. Letter on file before the application came in was read by
the City Y, anager..
~0TION Mrs. Woeh].e and ~r. kabler. License be granted. Unanimous.
The Planning Board returned reports on the following
propositions submitted to it:
a. On the Reuben f~]ack request £or a variance in establishing
a grocery store in a North West residential district (E. W. 2nd
Street - N. W. 10th Avenue) on grounds of hardship - that It be
denied. Reasons: spot zoning; adequate business districts exist
now; hardship precedent could pockmark the city;
b. On theAtgs Corporation petition for a variance allowing a
golf driving range Just east of the bridge and N. of Atlantic
December 14th, 1953
Avenue - that it be den~ied. A copy of the recommendations in full
follows:
"December i2, 1953
The Honorable ~V[ayor and City Council
Delray Beach, Florida.
Gentlemen:
The Planning ~oard met Friday evening, December llth, and
took action on the matters referred to us as follows:
1. Golf Oourse Driving Range to be located on the North side
of Atlantic Avenue, east of the Bridge.
Discussion: It was noted that the property affected is
zoned Limited Business for the first 150 ft. North of
Atla-ntic Avenue, thence Apartments to Lo~ry St., and
that .~uch an operation would require extremely bright
which would oroJect into
floodlights at n~ght,
Residence A zone to the detriment of that domiciliary
d om~ i ne.
Action: It is the recommendation of the Board by
unanimous vote that permission for the proposed golf
range be denied..
2. Special Permit for Reuben Niack to operate a Grocery Store in a Residential area Zone.
Discussion: This operation would be a non-conforr~ing use
of the property under consideration, setting dp a precedent
for many future similar cases. It would in effect require
spot zooming which violates the basic principles of
intelligent city planning·
Action: The Board unanimously voted to recommend that this
oetition be denied.
Sincerely,
/S/ Robert F. Blake II
Chairm~n~
MOTION Mrs. Woehle and Mr. Kabler. Sustain the findings of the
City Planning Board on Reuben Mack. Unanimous
Motion Mr. Kabler ~nd Mrs. Woehle. Recom~endation on Alg~
~orporation be accepted. Unanimous.
Gulf Stream Hospital Association - temporary offices.
Mr. Lovelace - The City Attorney was instructed to draw up an
agreement to serve the Cities interest.
Mr. Newett - Under present Ordinances this should have been referred
to the Planning Board. it is ~ distinct var_~,oce. Require him to
set up deed restrictions to remove this building at a certain time.
Council should only have denied this request or referred it to
the Planning Board. Council should only have denied his request
or referred it to the Planning Board. Does not require a written
notice of hearing·
~r. Allen - In that event if it is the unanimous opinion of the
Council I will withdraw the petition· It is requested that those
with responsibility of issuing and approving building permits do
everything Oossible to expedite the granting of a building permit
which conforms in all respects.
~r. ?;. C. Burton, Chairman of the .Community Chest Drive,
seeks permission to lodge a large "con%munity chest" in the street
on Atl~ntic ~venue, the last week in January or thereabouts. The
idea is the chest, amply lit and safeguarded, would be installed
at an intersection l0 blocks away from the bank - symbolizing a
$10,000.00 goal. As each $1,000 came in, the chest would be moved
~ block closer to the bank; finally going into the bank with the
full quota.
~r. Lovelace- Soudds like a traffic hazard, but experience with
such things has been reasonably good. Community Cfve activity
involved mu~t be considered.
~r. Saunders - Would there be any liability on the part of the City?
~r. Lovelace - Yes, there might be.
235
December 14th,
MOTION Mr. Kabler sod Mr. Saunders - Approved as suggested
subject to the contingent s~pport of the City Manager.and the
?olice Department.
Mr. Robert Totterdsle submits that the absolute ban on
trailers precludes one use of them which ought to be permitted.
He sketched an amendment which would allow trailers as of~ices
for subdivision developments. Arguments:
a. The developer now has to build
money.wasted when the development is complete, which is hard to
move, uneconomic; and often involves considerable argument in
f'tn~lly getting rid of the eyesore;
b. The lot on which the shack is located is withheld from
s~le or development, while clients ofteu want THaT one - whereas
a trailer could be readily ~oved.
c. Developments of subdividers and often widespread (e.g.-
Totterdale - N. W. section a~d extreme S. E.) So that the same
shack can't be used for two or more sub~iv!sio~a - where a trailer
could.
d. The amendment could preclude any use except as an office.
Ordinance prohibits Trailers in Town for more ~han one hour or
two. Where trailers are only for offices for developers of
subdivision they be allowed.
Attorney feels that ~his can be better handled by allowing
variance for that purpose only' rather than to amend the
Ordinance. Refer it to the Zoning Board for consideration of
such a variance. BuD we have no Zoning Appeals Board as the
Planning Board has asked the Council to act as a zoning appeals
boa rd.
~r. Lovelace- Could the old Zoning Board be reappointed as
Board of Appeals temporarily?
Mr. Newett - Council does constitute a Board of Ad. Justment.
Petitions must be referred to the Zoning Uommission according
to the Zoning 0rd~nsnce and then back to the Council.
MOTION ~r. Kabler and ~r. Saunders - Refer to the present
Plan~,~g Board for recomme,~atton. Onsnimous.
Tennis Committee - ~Appointment of ~rs. ~artha Severson
to replace ~rs. Clark Wormer.
~0TION Mrs. Woehle and Mr. Ss~nders. Approve appointmeDt and
write letter of appreciation for services, Unanimous.
Beer and wine licenses on beach. - Letter sent out by Beach
Tax-Payers League asking p~stponeme~t of any action until
after January 1st.
MOTION Defer until first meeting in January. Mr. Kabler and
[~r'S. Woehle. Unanimous.
Proposed Ordinance to create Zoning Board of Appeals was read:
ORDINANCE 0-184
AN 0RDiN~NCE AI~.ENDING SECTION 11 OF CHAPTER X× OF TEE
CITY CODE BY PROVIDING FOR ZONING BOARD OF ADJUSTNENT;
PROVIDING MANNER OF APPOINTMENT OF MEMBERS: DEFINING
POWERS AND DUTIES and ADDING SECTION 1~ OF SAID CHAP-
TER X~ BY PROVIDING ~IETHOD FOR CHANGES AND A~Eh~DMENTS
TO BOUNDARIES OF REG~LATIONS ~ND REPEALING SECTION
OF SAID CHAPTER XX AND ALL ORDINANCES IN CONFLICT
HEREWI TH.
Referendum 0r~inance also read by 'City ~anager:
ORDINANCE NO. G-18~
AN 0RDIN~NCE REPEAl, lNG ORDINANCE NO. ~6~, ~I.SO KNOWN
AS SECTION 1~ OF CHAPTER XX OF THE CODE OF THE CITY
OF DELRAY BEACH.
December 14th, 1953
MOTION Ordinance cresting Board of Appeals be placed on first read-
ing. Mr. Kabler & Mrs. Woehle. Unanimous.
MOTION Referendum Ordinance be placed on first reading. 90 days to
hold election. ;,~r. Kab]er and l~irs. Woehle. Onanimous.
Beer and wire applications on E. Atlantic Ave.
Howard application dela2ed from last meeting for further consid-
eration, pending passage of amendment to Liquor 0rdinsnce.
Morbil Corp. application for same premises. Neither applicant
present.
Action deferred until first meeting in January when liquor amend-
merit will be considered.
Rezoning request - Ale×ander Grenier.
Mr. Love!ace - Refer to Planning Board. Asking change from Industri~
zone to residential zone - Lots 1, 2, 3, 16, 17, ~nd !8,
Block 6. 0sceola Park at railroad.
MOTION Mr. Kabler and Mr. Saunders - Refer petition, to Planning
~-6-~for recom~nendation. Unanimous.
Telephone Company Application for permit to build Booster
Station on Coaxial Cable. Plans and sketches filed. Cables under-
grour~.d. Apartment zone. Hecommend it be referred to the Zoning
Board.
MOTION Refer to present Planning Board. ~r. Ksbler and ~r.
SaU'nd~rs. Unanimous.
Bids on Garbage Packer. $8,500.00 budgeted.. 16 yard Packer
and truck. Copy tabulation of bids received. 12 o'clock noon
on December 11, 1953.
Mr. Loyal. ace - Recormr~en. ds acceptance of low bid - Faircloth -
$7800.00. Ail met the specifications. ~'ord bid includes $800.00
of extra equipment we did not ask for. ~mo appeal rear axle which
is not needed. Have to accept the low bid or readvertise.
Wallace of Ford - Ail Air brakes at cost of $530.00 and two speed
axle. From over-all economy feature, I believe these factors are
important.
Mr. Holland - Don't qwesticn that but we did not ask for those
two features and would have to ~dvertise again.
Mr. Saunders - Don't think it would be fair to readvertise on this.
Think we should accept the low bid at this time. Wallace ~lready
has submitted ~ bid.
Mr..Wallace - Local service is also a point to be considered.
Mr. Lovelace - A lighter trucR is an experiment but we believe
it will work. They are not fast soeed operators or used for long
hauls. Specifications were considered adequate.
~V~OTION Mr. Saunders and ~ir. Kabler - Reject all bids and readver-
rise for ].~5~ trucks to include ~ir brakes and two spped rear
axle. New specifications. Unanimous. (Ask G,r Wood Co. to hold a
body).
Bids on Tractor for Public Works Department.
CON~PANY MAKE Price .w/_front & loader
Growers E~uip. Co. FORD $2250
Ft. Lauderdale
De~r co, Boynton FERGUSON $2365
0shorn Eq. Co. FERGUSON $2690
Ft. Lauderdale
o ·
~,325.00 budgeted. Growers Equipment of Ft Lauderdale is low
b~.dder. Recommend their bid be ~ccepted.
-~ro Saunders. - Dual wheels are necessary.
Growers Equip. representative -Wew ill m~pply 600 × 16 tires on
237
Dece:uber !4th, 1953
front.
NOTION Mr. Kabler end Mrs. Woehle - Low bid be ~ccepted noon
recommendation of City ~,.eneger. Unenimou~.
First ~nd final estimate on Cromer cont~ect - N. Eo ~th St.
improvements. Work i~ completed, tested, ~ud approved by Smith &
Gille~pie. Recommend payment.
iwOTI0~ Mr. K~blcr ~nd Mrs. Woehle. Unanimous.
Weter line ~cross C~al - Murphy Construction co. Fin~l
estimate. Work complete and ~proved by Smith & Gillespie -
$4,697.84. Recommend payment.
MOTION Mr. K~bler ~nd ~r~. Woehle. Un~imous.
Tax unit v~lues for Seagate Extension Subdivision:
BLOCK ZONED VALUATION PROPOSED
5 Hotel - Apartment
Lots 35, and 38 to ~5 inclusive $60.00 ff
Tr_~ -ple× Aoartments )
I Lots I to ~ inclusive )
5 " 28 to 34 " ) $~5.00 ff
" 36 & 37 " )
Residence- (W~ter-Front)
5 Lots i to 22 inclusive $50.00 ff
Residence - (Inside Lots)
I Lots I to 16 inclusive )
2 " 1 to 5 " )
.3 " 1 to ll " ) $25.00 fr
" 1 to 9 "
" 23 to 27 "
Mr. Love!ace - ReCommend these valuations be established for
sssessment purposes.
NOTION Recommended valuations be ~ccepted as outlined. Mr. K~bler
~nd ~r~. '.W oehle. Unanimous.
Form of final notice for delinquent occupational licenses:
"City of Delray Beach
Delray Beach, Florida
December 9th, 1953
You are hereby notified that your Occupational License for
the City of Delray Beach is and has been delinquent since November
15th, 1953, and t2~at the penalty of 10% for delayed payment has
been assessed against this license.
The City Council has ordered that this be the final notice
for payment of all license fees, ~nd that w~rrants be issued
January let, 195~, against all per~ons, firms or corporations en-
gaged in any business or profession or occupation within the City
of Delrmy Beach, ~lortda, who have not obtained a 1953-195~
Occupational License.
We quote, for your information, from Ordinance No. G-11:
SECTION l: No person, firm or corporation shall engage in or
manage any business, pro£ession or occupation mentioned ~n this
Ordinance, unless a City license sh~ll have been orocured from
the City Tax Collector of the City of Delray Beach. One license
shall be i~sued to each person, firm, or Corporation upon
receipt of the ~ount specified within the Ordinance, and shall
be signed in the name of the ~City of Delray Beach, Florida,
by the Tax Collector and sh~ll h~ve the City Seal thereon.
SECTION 270: Any person or persons and the members of any firm
or corporation violating Section i of this Ordinance shall,
December l~th, 1953
~oon conviction, be punished by a fine not exceeding TWO HUNDRED
DOLLARS, or by imprisonment for a period not exceeding ninety
days, or by both such fine and imprisonment for each offense,
and further providing that, unless the said license shall have
been procured from the City Tax Collector ~of the City of Delray
Beach, Florida, within forty-five days from the day the same
becomes due, there shall be an additional penalty of ten (10)
percent of '~he amount of the occupational license fee.
'" T~4 C'~ilector"
Recommend this form be adopted.
MOTION Mr. Kabler and Mrs. Woehle. Form be approved and adopted
and used in the future until revised. Unanimous.
Vouchers exceeding $500.00. Auditor selected 1~ vouchers
over $500.00.
Mr. Lovelace - We buy several times du~ng the month, but the
total purchase for the month amount to over $500.00.
The auditor has singled out 15 vouchers covering expenditures in
the £iscal year ending last Sept. 30 which, according to a
strict interpretabion of the $500 rule, call for your approval.
They may be categorized as follows:
A - 3 vouchers in favor of the Hector Supply Co. of Wes~ P~m
Beach covering golf course seed and fertilizer. These vouchers
cover several ~ndividual~invoices of less than $~00 each plus, in
each case, one invoice of over $500, namely a $600 individual
invoice for 50 bags of rye seed ~ $12 a bag. ~
B - One voucher covering the digging of the new irrigation
well at the golf course. This was done at an $8 /foot price
(an 8" well, pipe an~ all) and preliminary information fro~ the
g2olo~ical services and our own experience indicated that less
than b0' of depthw oul8 be needed. In f~ct 85' turned out to be
necessary with a total b~ll of ~658.75.
C. One in favor of Southern Electric covering several
individual invoices, each less than $500, but totalling $595.45.
D. One in favor of l~ike Blank covering trees and muck for the
golf course. Three individual invoices total $959 - at unit prices
of $25/tree and $2/yard for muck.
E. One in favor of A1 Semosh who, on off days from the Fire
Dept. last May, reconditioned and painted the bandshell, the
ump houses, and park equipment. Materials used and hours worked
180) totaled $678.
F. Seven in favor of various Water Dept. sunoliers all
covering individual purchases, of less than $500~nd all dealing
with stuff the unit prices of which one way below $~00 but
Which, in the qunatities needed run their respective totals
to $~26.9~, $2]10.00, $11~.00,'$2150.00, $1247.40, $1287.08,
and $740.13.
G. One in favor of a Water Dept. supplier - the Mueller Co. -
in the amount of $~71.46 coMering ~hree items, one of which
alone ran $500.60. On the $~00 ~.tem, we were Just badly mis-
taken as to what it would cost. It was a 12' tap, and Judging
from prices of smaller taps (we've never used a l~~ one before) -
we guessed at a $3~0 cost. The ~ueller Co. is a ~a'tional
organization.
Through all these, recurring patterns how, with the single
exception of the l~# tap, and perhaps the golf course well, where
original estimatss were off.
The patterns are these - small ~ndividual units and unit prices
in quantities which run the total cost over $~00. Or - another~
pattern, combinations of invoices throughout a month, none of
which spprcaches $~00 but which, bil~ed at one time give a single
invoice in excess of $500. Or, another pattern, standard items of
supply, bought and kept in stock and used from stock.
To my mind, the $~00 rule does not intend to cover these.
If Paul Nicolls needs 1000 feet of pipe @Sl~/ft ($~10) - we
can't wait for a ~ouncil Meeting to get it. If the Golf Course
needs 50 bags of rye seed ~$12 ~$600~ - the crews can't stand by
idle while processing is done. The proper controls here are
budgetary - not procedural.
239
December l~th,
The $500 rule Should co~er major purchaS~s'of major
equipment or property'- contracts, trucks, tractors, parcels
of land, machinery etc which, alone and in single units,
total $500 or more' ''
· This interpretation we have followed relig-
iously, except t hat the well and the 12' tap above, could
possibly be included within the rule, and you have the explanation
on them. The Pinsnce Committee, the budget, and the audit are
sufficient controls on the other type purchases.
Mr. Dunn-Rankin - For our satisfaction we would like the Council
to approve these, so that we can know that we have made the
exceptions and they have been accepted. Think it should be done
be resolution.
RESOLUTION NO. 917
A RESOLUTION OF THE CI-~Y COUNCIL OF THE CITY
OF DEI R~Y BEACH, FLORID.4, AUTHORiZING PAYmeNT
OF l~ VOUCHERS EX'CEE]~ING THE &MOUNT OF $~00.00.
BF. IT REBOLVED BY T?~ CITI C0ONCIL OF THE CITY OF DETR~Y BEACH,
FLORIDA, as follows:
It is hereby authorize~ that the following vouchers exceeding
$~00.00, referred to by Frederic Dunn-Hankin in his audit report,
be approved for payment:
Number of Vouchers Favor Of Covering
3 Hector Supply Co. Seed &'~'~rti]izer
Golf Course
~ I C.B. M~×son Irrigation Well
Golf Course
1 Sou. Electric Misc. Invoices
1 Mike Blank Trees & Muck
Gol~ Course
1 A1 Semosh Painting Bsndshel!,
Pump Houses
Park EquipmeDt
7 Various Water Misc. Invoices
Dept. Supplier~
1 Mueller Co. Water Dept. Put-hsd, e,
PASSED AND ADOPTED by the 'C~tF Council of the City of Delr~y
Bea~ Florida th~s ll~th day of December, A.D ,
~ayor
ATTEST:
MOTION Mr. K~bler and l~r. Ssunders. Resolution approving the~c 15
b~.ils as outline~ and recommended to be approved by the City f~:snager.
U~a~ i~ous.
Bill~ totaling ~62,908.68.
MOTION Approved subject to Finance Co~ittee approval. Mrs. Woehle
~rJd ~r. Kabler.
Ad Journed.
(The above minutes are entered ~ust ss the
rough transcription was prepared by ~,rs.
Huth R. Smith, former City Clerk)
C~.ty C]_erk
APPROVED: