03-22-65 MARCH 22, 1965.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8=00 P.M., with Mayor Al. C. Avery in the
Chair, Acting City Manager R. D. Worthing, City Attorney John Ross
Adams, and Councilmen J. LeRoy Croft, James H. Jurney, Jack L.
Saunders and George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Marvin Sweat, Jr.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. The minutes of the regular meeting of March 8th, 1965 and the
special meeting of March 19th, 1965, were unanimously approved on
motion by Mr. Talbot and seconded by Mr. Jurney.
X. Mayor Avery reminded the audience of the ground rules set by
Council where there are controversial items, and stated that it is
the duty of the Chair to maintain absolute dignity and decorum in the
COuncil Chambers, and that the Chair can permit no one to startle any-
one's self respect, nor allow any direct attack on any one person or
group of persons, whether they be at the Council table or in the
audience.
3. Mr. William Snow, 1300 N. W. 4th A~enue, said there is a problem
before th, is City that should be considered, but in.vie~ of.th~ .%ength
'that all the fa:cts may be heard concerning..~he firing of Cify Manager
Holland andMr~' 0'. W..W~odard; Jrt:' 'fdrthe~,jthat hl ~lt.i~ch ~f the
aUdience.preSent tonight had come for the purpose Of hearfng those
facts.
Mr. Jurney said he did not feel that a specia~ meeting was neces-
Sary, nor did he feel that a show of hands 'f~0m '%he a~dience was a
fair way for an issue of this sort to be judge~
Mayor Averyinformed Mr. Snow that his' request for ~ special meet-
ing 'had been denied by lack of Council action.
Mr. Snow said he felt the Council had not given enough .cause for
the firing of Mr. Holland, and that he had talked'to each Councilman
personally, with the'exception 0.f Mr. ~Croft; further, that he did not
~pprec~ate being told by Mr. Jurney to read the paper for information.
Mr. Jurney said that the way in which Mr. Snow.had asked, about that
item prompted him to give such an answer,' and that he .tried to be as
courteous to Mr. Snow as he would to anyone in the audience Or anyone
on the telephone.
Mr. Talbot said that in answer to the request of Mr. Snow, he would
request that part of 'the Charter concerning same be read.
City Attorney Adams said the Charter provision dealing with that is
as follows: "The City Manager shall hold office at the pleasure of a
maJorityof the City Council."
City Attorney Adams continued~ "It has been !egaily'defined.in
several Florida cases, as Well as the ca~e.of'smitzes againS~ the City
0fDelraYBeac~, th~%"dUe to the fact that he is ser'~in~_'a~ th~ p~eas-
~re of ~the majoritY"of the Council, no hearing-'is nec~Ssary~ ,no. cause
must be ShOwn;' a simple. 'majOrity can decide they are n6t R~e~sed with
his behavior and he can be dismissed."
Mr. Snow commended Mr. HOlland on the wonderful job he did~as city
Manager, and complimented Mr'. Saunders a~d'Mayor Avery on ~their an-
swers to his questions.
Following a com~.ent by M~ Taibot, Mayor Avery .asked Gi~y.Manager
Worthing to provide Mr'. S~npW W£~h a copy of.the mindtes o~' the special
CounCil meeting of March 19th, 1965.
Mr. snow asked, . cr ft hi. S and on thism, dur . ..,Co ents.
Mr. Croft said'he acted Solely on what he believed to be in ~he best
interes~ of. ~he City of Delray Beach in the diSch~rge of hiSdutiesas
a Councilman. 3-22-65
Mr. Snow thanked the Council for the copy of minutes of the March
19th meeting, and said that he did not believe all the facts of the
case had been brought out.
Mrs. Helen Voit, 1102 Miramar Drive, said this is another case of
how something should be legally or correctly done, and that the resi-
dents of Delray Beach should have sufficient confidencein the judg-
ment and decisions of the Councilmen they elect.
Mr. Jack Keating, 823 N. E. 3rd Street, asked why the residents of
Delray Beach had not been informed by the press of the reasons for the
firing of Mr. Holland as City Manager, as he felt the reasons given by
the press were not sufficient for the firing of a man that had done
such a wonderful job as City Manager, and who had also served the City
for so many years as a very capable Mayor and Councilman. Mr. Keating
requested a statement from Mayor Avery, if he could speak for the Coun-
cil, as to the reason for the firing of Mr. Holland. Mayor Avery said
that in this case, he could not speak for the Council, and Mr. Talbot
suggested that Mr. Keating read the minutes of the special Council
meeting of March 19th. Mayor Avery directed the City Manager to fur-
nish Mr. Keating with a copy of said minutes.
Mr. J. L. Patterson, 1119 N. W. 6th Avenue, said that he was in ac-
cord with the remarks of Mr. Keating, and asked if there were charges
against Mr. Holland other than had been stated in the paper. Mr.
Patterson said he could not understand, and felt that the general pub-
lic could not understand, why a City Manager that had been so recently
praised by the Council for the fine work .he was doing was discharged,
unless there was more reason than was stated in the paper. Mr.
Patterson asked if the minutes of said special meeting of March 19th
could be read tonight.
Mayor Avery said that Mr. Patterson had made two requests, the
first one being "Were there charges against Mr. Holland other than the
ones appearing in the paper?" There was no answer from the Council to
that request.
Concerning the reading of the minutes of the special Council meet-
ing of March 19th, Mr. Saunders moved that said minutes be read, the
motion being seconded by Mr. Jurney.
Mr. Talbot suggested that the reading of said minutes be done
following the other business of tonight's meeting, but his suggestion
was not accepted by the maker and one who seconded the motion, and
upon call of roll, the motion carried unanimously.
Mayor Avery then directed the Acting City Manager to read the
minutes of the special Council meeting of March 19th, 1965, and said
minutes were read in their entirety.
Mr. William Snow appeared before the Council again and stated that
his opinion had been made before he knew the contents of said minutes,
and that it is even more confirmed after hearing the minutes, that
there is no reason for the firing of City Manager ~olland.
3. Mr. N. H. Wible, 1104 N. W. 4th Avenue, informed the Council of
having paid the City of Delray Beach a certain amount of money for the
installation of two water meters at houses he had constructed, and
said that he had considered that amount of money to only be deposits
on the meters and returnable to him if he no longer used the meters,
but had found that not to be true when he had asked for a refund.
Mayor Avery informed Mr~ Wible that the City Manager and other City
personnel did not set the rates charged for water or water meters~
that policy was set by the Council, and the minimums are controlled by
the bond ordinances required by the bonding attorneys.
City Attorney Adams informed the Council he had discussed with
Finance Director Weber the point that Mr. Wible brought up about pay-
ing for water meters, and said that, actually, property owners buy the
water meters that are installed on their property and if the house is
sold later, that money is not refundable; further, there is a water
deposit to guarantee the payment of bills, which deposit is refundable.
-2- 3-22-65
3. Mrs. Joseph Katen,. 1301-N. W. 4th Avenue, informed the-Council that
she lives on the street over which Mr. Holland was apparently fired;
further, that street desperately needed paving and that Mr. Holland is
~o be congratulated for a good job, well done.
Mr. Charles WiCk, 202 N. w.-7th Street, said that after hearing the
minutes of said Council meeting, he did not see sufficient reason for
the firing of Mr. Holland; further, asked if it was the be'lief of the
Council that the office of Purchasing Agent is no longer needed. Mr.
Wick did not recieve an answer to his question.
Mrs. George Lapham, a Delray Beach taxpayer and resident, asked
the Council as follows= "In your uDannounced meetings, when you
discussed this question with Mr. Holland, when Mr. Holland was present,
at any time was any matter of disagreement in politics mentioned by
any one of you gentlemen?" Mayor Avery an~ each Councilman assured
Mrs. Lapham that politics had not been a part of this issue in any way.
4. Mr. Croft read the Beautification Committee meeting minutes of
March llth and March 18th, 1965.
City Manager Worthing re~erred to the last paragraph of the Beauti-
fication Committee minutes of March llth, and reported as follows=
"Mr. W. F. Snyder, ~eveloper of the subdivision known as Homewood Park,
came into my office this morning with the request that the City pro-
vide a water meter in the city-owned island near the entrance of his
sub.diyisi~n ~n .H!ghland~Avenue? ........... .
P~Opositi.Qn's~atedb¥' the Beauttftca~i0n 'C0mmittee,.~n"~hA't
Delray Beach ~0a~d &.~-Real~a ,~r. And~eW~Gen% '-, ".
League. of Women Voters .Mrs. P~yl!i~.~.ume._
.Sea,raPe Gar~en. ClUb.'~ '.."':: Mrs. ~ames Bowen
v. F.w. Mr. Clarence Bingham
Beach Taxpayers Le~gue~.gnd
Zonta
International
Business & :P~O~es.s~6nA1 W°ments Club. Mrs. CIarence .Bingham
-Delrag Beach RecreatiOn Club Mr. C. W. Rice
5. City'Manager :~=%hing 'rgf~rre~ to thi '~arcA, 1965 Chamber
Commerce .,News Letter:and' '~. "Delray BeaCh NigAt' that the .C~amber iS
sponsoring at t~e Pompano :Park Ha:r~eSs TraCk °nWedn'ed~a¥,. Mareh. 3~St.
Mayor. Avery Urged the Par.t~CiPation of interested psople.
5. .City Manager Wo~thing read the following 1citer fromMrs;.:Frank
Ryan, ViCe~President of' CF.RA Broadca. stin~,L!mited~Ontarto,::canada,
:dated-MarCh 16'th:
"Two 'we~ek~a90 toda~ ~had to' cail'.¥oUk, p61ice'DePhr~&ent'~0
Your p~ic~ bFop~t .o~yg..en~.pn~ ambulance an~ toOk, bp
I'd~ not get the names Of these ~entlemen who,d~d so much to
i~.elP.:me~:~ I k~o.w..there is no way Of .expre~sing.,adequately my
.~atitud~ and this ~et~er is .sim~i'y t~ let' yOu.know how much
:,:~e nelray ~oii~e did ~6r me , a ~empOr~rY resident
3-22-65
"several times but only two hours in Delray on March 2n~.
Some day Itl1 be back in Delray but now, this note is to try
to tell you of my appreciation for all the care and guidance
of the Delray Police Department."
Mayor Avery directe~ the City Manager to furnish the Chief of
Police with a copy o~ Mrs~ Ryanms letter, together with a commendation
from the Council to the Police Department.
5. City Manager Worthing read the following letter from Mr. Louis
M. Ream, dated March 19th=
"We wish to call to your attention certain cond~tions of resi-
dence in your community which should be rectified for us to con-
tinge as satisfied property owners.
Four years ago we purchase~ the house at 1201 Crestwoo~ Drive
which we have maintained by upkeep of the highest quality the
year round. ConSiderable money has been spent in living and
purchases on a high scale. Investigation will demonstrate a
completely satisfactory credit standing.
For the past two winters we have been greatly annoyed by con-
struction noises during the entire winter season. They have
been a source of great disturbance this winter and range from
gasoline saws to construction of buildings.
We came to Delray BeaCh to gain conservatism, peacean~ quiet
in a community which seemed to offer what we wanted. Did we
make a mistake? We do not expect complete silence for the
entire winter, but feel that it is not unreasonable to expect
control of noise nuisancesfor a definite winter per-iod, of
say three or four months. You have a growing city but for the
sake of winter residents, cannot control be possible for at
the most half of oUr stay. We will appreciate your attitude."
Mayor Avery asked the City Manager to investigate the cause of this
complaint and report to Council with recommendations to rectify the
solution.
Mr. Worthing reported that during the past few months, there has
been much work done by County tree disposal crews in that area.
5.a. Mayor Avery reminded the Council that at the special Council
meeting of March 19th, certain time schedules had been set up for re-
ceiving applications for the position~ of a professional City Manager
and a professional Recreational Director, and with that time schedule,
it would be June before a City Manager would be hired. Further, the
City Manager has to get started in June on preparing the budget and it
would be difficult for a new City Manager to prepare a comprehensive
budget.
Mayor Avery said that a time llmit of 90 days on receiving appli-
cations for a Recreational Director would put that well into the summer
season when the children are not in school, and that is the time a
recreation program is needed.
Mayor Avery informed the Council that he had discussed this with
City'Manager Worthing, who had indicated it may be best to shorten
the time limit on receiving said appIications to such a time as he
feels he has received a sufficient numbe= of proper applications to
be considered by the Council. Mayor Avery explained that by shorten-
ing the time, a City Manager may be hired in time to become familiar
with things before starting budgetpreparation.
Following discussion, Mayor Avery explained that if the time limit
on receiving applications was lifted, it would be left to the discre-
tion of the City Manager topresent to Council the applications when,
-4- 3-22-65
in his opinion, there are enough qualified applicants to consider.
It was so moved by Mr. Croft, seconded by Mr. Jurney and unanimously
carried.
The City Manager agreed that this action met with his approval.
6.a. Concerning an application for Liquor License at Hotel Del Sol,
located at 40 South Ocean Boulevard-, City Manager Worthing-reported
to Council as follows= "This application, for liquor permit, at the
Hotel Del Sol0 40 South Ocean Boulevard, has been received. COuncil
may deny or grant this application for a liquor license permit. If
approved, such approval should be subject to all state requirements,
as set forth in the Statutes of the State of Florida in Section
561.20 (2), being met and no City License to be issued until the State
Beverage Department .advises the City that such requirements and regu-
lations have been met and State License issued."
The City Manager recommended that said application be approved~
further, advised that this would be cresting a new license, a non
quota license, and it was pointed out that this location is within
the liquor zoned area of the City. The City Manager further explained
that sixteen years ago,' a Council created a law that permits one
liquor license, to a block, west of the Intracoastal Waterway only,
but east of the Intracoastal Waterway, there is no limitation in that
respect.
During discussion, City Attorney Adams explained this would be just
~ general, approval as to. zoning~ the state laws controlled the.other
~qUireme~ts, but the City..Can 'control .%he Z~n'i~g ,~nd
.~i '_ '~r.. jurney moVed'that said appi~C~t£~h 'for ~i~o~ '~Ce~ b~
'~r0v~d, s~ubject t° th.~. recommendation, of the City .Manager, the.motion
bei~ se~nde~ by'~r~ cr0ft',"vpon can: o~ roll,'Mr~ C=Of~':~Mr.~
Jurney, Mr. Saunders and Mayor Avery voted in favor ,of the motion,
a~d' Mr.. ~bot .ab~tai~e~ f~0m'V0t~ng. ' ' - ' '
X,, M~. Talbot moved.that the City Manager dir~ "th~' ~'i~n~ing/~gning
.B0ar~ .t0' .go,sider an 0r~!.~c" ~0: a~p!y to t~e :~as~.'.!~e':~
way 'as well as the' w~s£ szde., .' 'as concerns the .-i~s~in~"0f ii.Or
liCenses. The 'm~}!on' was Se~onded 'by' Mr. saun~ers--~d '6~r~d8'-~'~ni-
mous!y.
X. Mrs. Dorothea MOntgomery said Sinc"'that request ~or liquor
license was for a r,stavrant, the Cfty could do nothing, about.it, but
.general liquor licenses for just a bar are based on popu!ation,.and
thought that shouid be looked into.
Mrs. Montgomery said she appreciated .'thhe Council considering
ordinance change concerning the number of' l'icluor licenses to a block
East of the Waterway.
Mayor Avery, with Council permission, directed the C'ily Manage~ to
conduct an investigation' as requested by Mrs. MontgOmery.'
6.b..Concerning bids receivefl 'flor Stormsewer :drainage
.City,Manager Worthing'reported"to Council as'follb&~:-t"
"Council recentl~ 'approved to PrOvide for .a~ditio~a!,'driinage.
facilfties in th~'-:n~rthhsduth allay'between N, ~'~ ~th a-~d '7th
Avenues' and. immed~ately north of ~st Street, in response ~o
requests from residents iht he iamediate areat'~or 'r~ifefi~rom'
the bad'drainage situation, due.to th~'lowalevationof the
land between the. established:street grade. At ~tha~ .time, the
estimated cOat was'slightly-'.under $3,000 ....
pipe storm.s~Wer"an8 catch %asins, inclUdin{ ail"rela~ed ~or~"
as called for in plans and specifications=
cleary r°$L .co s'tr ctfcn co. .....
(~iPe with flanged couplingS)
-5- 3~22~65
"Cleary Bros. ~onstruction Co. Alt. Bid $4,680.40
(Pipe with NeoprYne Sleeves)
Oneman Engineering Company Lump Sum $2,156.64
Low bidder agrees to start work within 10 calendar days after
execution of contract and to complete all work within not more
than 30 calendar days thereafter. It is recommended that award
of contract for this work be made to the low bidder who has
previously satisfactorily completed various improvement projects
in and for the City."
Mr. Saunders asked what type of materials would be used by Oneman
Engineering Company, and the City Manager said he planned to use
flanged couplings, and the great difference in the bids was due to the
fact that his equipment is located in Delray Beach, while that of
Cleary Brothers is located elsewhere.
Mayor Avery asked if it had been ascertained where the money would
come from for this drainage improvement, and the City Manager said it
would come from the Special Assessment Fund.
Mr. Croft moved that Oneman Engineering Company, who submitted the
low bid, be awarded said contract, with funds coming from the Special
Assessment Fund. The motion was seconded by Mr. Saunders and carried
unanimously.
6.c. The City Manager read the following communication from Mro Mike
L. Blank, dated March 11th, 1965:
"Re: 29-46-43. S. 417 Ft. of N. 695 Ft. of NE% of NE% lying
W. of Fcc Ry less N. 63 Ft of E'Iy 129.67 Ft & W. 2~ Ft.
I have noticed that the City has filled properties up to my
property line and was wondering if they would be interested
in the above described property which comprises 8.71 acres.
I have been told by realtors that this property is worth.
approximately $5,000.00 per acre.
I would appreciate it if you would take this matter in con-
sideration and notify me of your decision.
If the City is not in~erested in the purchase of this property
they have my permission to use same for filling purposes."
City Manager Worthing suggested that consideration of this offer
be deferred until next Council meeting to permit time for study of the
need, if any, for additional land-fill area, and recommendation there-
on would be submitted to Council at that time. It was so moved by Mr.
Saunders, seconded by Mr. Croft and unanimously carried.
7.a. The City Manager informed the Council that a petition has been
received requesting re-classifying of approximately fifty per cent of
Tropic Isles Trading Center, from its present C-1 (Limited Co~nercial
District) classification to C-2 (General Commercial District). The
developer proposes immediate development of these lands to include all
accessory buildings and activities normally connected with an auto
sales agency. Further, this tract of land fronts on Federal Highway
at approximately 2000 South Federal Highway, and was annexed to the
City in April 1957, since which time but one small building has been
constructed thereon. In compliance with-~the Zoning Code and Laws of
the City, Council may deny this .Petition~or refer same to the Planning/
Zoning Board for a public hearing to be held thereon and Board recom-
mendation, as a result thereof, to be forwarded to Council for its
consideration.
Mr. Saunders moved that this item be referred to the Planning/
Zoning Board for their recommendation. The motion was seconded by Mr.
Talbot and carried unanimously. -6- 3-22-65
City ~anager wOrthing ores=ate
· ZO~s lief ~z~~ ~-so~ ~?ZO~s
~ = lOk. B') official ~DY of the~e
nan~ity
A~''eve been ~+ reported ~.
~ert ' ~Yce, r -= in hi ~ Pertat .
-~c aa ~ the · ~nzn ~, in ' '"~ore. o
~r ~. Taibo~-U adOpteQ _~uina~ce No - . kind cortaid=.
c and ~eco_=U~ this se- · 3-65, sa=_
~ 8.b. ~e City Man~ge~' -ued bF ~ ~Ond and fi__~~ ordinance
~ Dresented ufo ft. ~ei reading, onWas
"~, ~o." ."~z~s~'- ''~' s~'-- u. ~y .a~:lz. op
: ' ~- be=h- ~o"~}.,Cl~, Council th-- . .......: Z ~C~T ,.,
' ' "' ..P se~', ,:~..t~e fOllow~_a~ a re,ult
-, .:,.: .... pt ~o..Ord!.nance
, , te - , or · . -, - or
. Zle ., , t of .- '..tzal ,-.: .... n, , ~ . to
. must n~- ~ za pa~-;, ~e'P~e-. :, azs~i~;~. ~a~ be ~.;:-: .
must be-~-9eec t~e~:. :any ~o~ .:f-,,80~ve'~ ~.,V~e~ it-'.-:
' ' ' ~er '- .,"-'= of - Iz3 '. ~ ~" said "-'- -~" noa -.' .
, . . l~ co , gOOd ) feet,'~ dzs~ ·
'. ndtt- ?, ~ re a' in o ' ... ric~s .
~e Cz~v ..... .' .... ,, d be matn,=~ length
,,~,::, ... ~nen rea~.':. "-': . .., ' ""-' :'*'.. ~..neat
ufl'f. · ' ....' ,"."
~ ~ ~'"~.. "a~ i 'u.~t. O' ~ ::' . repo
': ; ~'z~lne', '~ '.~rl~i,~4, ,~ced.~a~ - and :
. u. a~d Should
Letters ~r.'
~uri .,, ~o 4 '"':' u*'R ..... -' ''
0 - w~ * ~l~' ' :' ~0 " '- ' · ' ~e' ~
.tderlv ~l '_ za a s~-~ he feit"~-~'repair''~..~ .~ "' ".r" favor
..,'~ '~e mo~-" ~zrat r .... ~on, ~. ,._i .- . . ,.e~ in .a ...i
ally a--~**1am Heo.~.aeCOnded~_ "mended as ]~'~e~ that :roll.-'., ,
~=z~St ~.~ =-u~om, 24; ~F ~ ~_ reco~e-_. ~uzna~ce
,7,=' but urge~.tha~, he ,.
~ ~e. Coun~i:l .~$ Person_
312~=65 co approve
the proposed amendment, as he feels it is the best compromise that
can be made.
Mrs. James Bowen, 105 Bonnie Briar Lane, said that in the reading
of the Beautification Committeemeeting minutes read tonight, the
Council is awareof the feeling of that committee concerning Ordinance
No. 4-65, and said she thought this whole thing bears on what you want
your City to be, and read a newspaper clipping entitled "Life in
Colonial Williamsborg".
Upon call of ro11, Mr. Croft, Mr. Jurney, Mr. Saunders and Mayor
Avery voted in favor of the motion and Mr. Talbot was opposed.
Mrs. J. H. Shellenberger, 320 N. W. 9th Street, complained about
the appearance of a boat in her neighborhood.
8.c. CityManager Worthing presented ORDINANCE NO. 6-65.
AN ORDINANCE. OF %~{E CITY COUNCIL OF THE CITY OF
DELRAY B~ACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 41 and
EAST 50 FEET OF LOT 42, DELRAY BEACH SHORES,
WHICH LAND IS CONTIGUOUS TO EXISTING MD%~ICIPAL
LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTSA~ND OBLIGATIONS OF SAID LANDt
AND PROVIDING FOR THE ZONI~K~ THEREOF.
(1034 Brooks Lane)
(Copy of Ordinance No. 6-65 is attached to the official copy of these
minutes.) (See Page 102-C)
There being no objections to Ordinance No. 6-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Croft and seconded by Mr. Jurney.
8.d. The City Manager presented ORDINANCE NO. 7-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 2, SEACREST
SUBDIVISION, ~HICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LiMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO-
VIDING 'FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR THE ZONING THEREOF.
(215 Seacrest Lane)
(Copy of Ordinance No. 7-65 is attached to the official copy of these
minutes.) (See Page 102-D)
There being no objections to Ordinance No. 7-65, said Ordinance
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Croft and seconded by Mr. Saunders.
9.a. The CityManager read the following Planning/Zoning Board report,
dated March 18th, 1965:
"At the regular monthly meeting of the Planning Board that
was held on March 16th, 1965 at 4:00 o'clock P.M. in the
council room, six members were in attendance; Mr. Jacobson,
Chairman, Mr. Davis, Mr. Hanna, Mr. Gent, Mr. tablet and
Mr. Lankton.
A public hearing was held on a request to rezone from R-2
(one and two family dwelling district) to C-2, (general
commercial district), the following described property:
-8- 3-22-65
"THE SO~TH 43 FEET OF LOT 115 AND THE NORTH
67 FEET OF LOT 116, PLUMOSA PARK.
Thirty-five property owners were notified. After hearing ob-
jections, the Board on a motion by Mr. Lankton seconded by Mr.
Hanna, unanimously approved to recommend to council that the
request be denied."
Mr. O. D. Priest, Jr., owner of the property covered by said re-
zoning petition, said he wanted it understoo~ that the property would
not be used for a garage or a filling station, or something of that
nature.
Mayor Avery reminded the Council that there had been a similar
request for rezoning near N. E. 8th Street, an~ it was the consensus
of opinion of the Council at that time that that area should be in-
cluded in the studies of Mr. George Simons, Jr.~ further, if this
request is denied, it should be with the recommendation that it be
considered by Mr. Simons in his overall study.
Mr. Jurney said he woul~ like to make a personal inspection of
said property and moved that this item be ~eferred until the next
regular Council meeting, the motion being seconde~ by Mr. Croft.
Mr. Earl Harvel, 270 N. E. 16th Street, objected to said property
being rezoned to a C-2 classification as there are numerous businesses
that could operate under that classification: further, said there are
residences built betwe~n~ N. E. ~rd.Av~n~e.and the Railway in this
area, and to rezon~' 9.ar'ts of~.~..~o'~s 1i5a~d 'I16~ ~lumosa Park, would be
spot zoning.
.Mr.. Talbot said he felt t~e P~anning Board recommendation .should
be sustained. ' ·
Upon'Call of rol~, the motion' to defer this.£tem ~nt~.~.~the next
regular council meeting Car=ie~ unanim°us'i~.
9.b. The~.City Manage~ read the fo~lowing Planning/Z~ing. B0a~d re~ort,
dated MarCh 18th, 1965=
"At the regular meeting onMarchl6th, '1965 the Plsnni'ng
discussed the parking requiFements in th~ C~I limited commercial
district,~and u~animousl¥ r~cO~mends that paragraph ~,'-$~'~
29-7.4, under 'the heading
~ATLANTIC AVENUE EXCEPTIONS~
that reads:
'THE PROPERTIES INCLUDED WITHIN THE C~1 COMMErcIAL
DISTRICT, FRONTING ON ATLANTIC~ AVENUE, ARE ~XCLUD. ED
FROM THE .OFFSTREET PARKING REQUIRF24ENTS HEREIN
DEFINED~
~e a~e~ded to rea~:
~THE PROPERTIES INCS~JDED WITHIN THE C-1 COMMERCIAL
DISTRICT ARE F2{CLUDED FROM THE OFFSTREET PARKING
REQUIREMENTS HEREIN DEFINED'
The board-feels' that .the areas which are zoned lot"limited
Commercial uses, that do not front on Atlantic Avenue should
be afforded all of the privileges an~ uses that are.~n the
same zoning district, regardless of locations."
Mr.. saunders move~ that the recommendation of the Planning~Zoning
Board be'sustaine~ and ~he City Manager be give'n th~ aUthority't0.
prepare an amendment to the O~dinance. The ~°tion was" se~o~d~d bY Mro
Talbot and carried unanimously.
9.c. City Manager Worthing informed the Council that they were advised
last ~uiy. 13th by the Planning Board that a study of the "Alfaro prop-
-9- 3-22-65
100
"erty", being a parcel of land lying between South A1A and the ocean,
contiguous to and extending 100 feet northerly from the Horizon
..Apartments property, would be made at a later date, and then read the
following Planning/Zoning Board report, dated March 18th:
"At the regular meeting on March lath, 1965 the Planning Board
on a motion by Mr. Lankton, seconde~ by Mr. Kabler unanimously
approved to recommend to council that the following described
property:
(1345 South Ocean Boulevard} otherwise described
as THAT PART OF THE SOUTH 100 FEET OF NORTH 1040FEET
OF GOVERNMENT LOT 4, LYING EAST OF A.1.A, SEC. 21-
46-43,
be annexed into the city under a newzoning classification
(R-~-~)
This classification would require the application of all the
present R-3, rules and regulations, except that, only the
height limitation would be amended to read;
NOT TO EXCEED 35 FEET FROM THE HIGHEST FINISHED
GRADE TO THE CEILING OF THE HIGHEST FLOOR."
The City Manager said that subject to Council sustaining this
recommendation, and in view of the original petition for annexation
having been withdrawn by the property owners, suggested that the City
Administration be directed to inform said owners of such proposed
zoning and solicit their reinstatement of the petition for annexation.
It was reported that several property owners to the north of the
Alfaro property had been informed of the proposed zoning of said
Alfaro property, and there had beenno complaints from them.
Mr. Talbot moved to sustain the recommendation of the Planning
Board, themotiOn being seconded by Mr. Jurney.
City Attorney Adams' sugges*ted that action be subject to the petition
being received for annexationof the Alfaro property, and Mr. TaLbot
said his motion would be subject tothe recommendation of the City
Attorney. Mr. Jurney accepted the addition to the motion, and upon
call of roll, the motion carried unanimously.
10.x. City Manager Worthing said that the Beac)~ Taxpayers League
would appreciate an informal meeting with the Council at the earliest
possible date.
Mr. Croft moved that the City Manager be directed to coordinate by
telephone a meeting of the Beach Taxpayers League W/th the Council
at the earliest possible time that all could meet, the motion being
seconded by Mr. Jurney and unanimously carried.
10.x. City Manager worthing informe~ the Council that in view of the
termination of the Services of Mr. O. W. Woodard, Jr. the Civil Defense
Director, it may be the pleasure of the Council to provide for a Civil
Defense Director.
Following discussion, Mr. Croft moved that Mr. Ralph Hughson be
appointed Civil Defense Director, the motion being seconded by Mr.
Jurney and unanimously carried.
10.x. The City Manager reminded the Council of their directive that
the Community Chest Directors be contacted relative to an application
of the Leukemia Society for solicitation of funds in Delray Beach, and
read the 'following letter from the Community Chest, dated March 18th'
"In connection with the request of the Leukemia Society,-Inc.
for permission to solicit funds within the City of Delray Beach,
I would like to suggest that a representative of that organization
-10- 3-22-65
10i
"appear before the Budget Committee to qualify as a participating
agency in our Community Chest Drive."
Mr. Croft moved that the City Manager be directed to contact the
people applying for said eolicitation of funds and request that they
contact the CommunityChest, the motion being seconded by Mr. Saunders
and unanimously carried.
10.x. The City Manager presented the following memorandum from City
Engineer Fleming, dated March 22nd:
"Four excellent bids have been received by the City for the con-
struction of a 9roposed seawall, approximately 630 feet in length,
running from Atlantic Avenue bridge to N. E. 1st Street in front
of the existing City Park.
As you know, bids were solicited on the basis of. the contractor
providing his own design in conformance with general specifi-
cations submitted by the city. The following tabular-ion-in-
cludes the basic bid for providing 630 feet of seawall, a 10
foot sidewalk or walkway, excavation in front of the wall to an
elevation of minus seven, disposal of any unusable portion of
the dredging, and the provision of a performance bong equal to
100% of the bid price.~ ·
'~ufphY C°n~%'~ucti~c~'- WeSt~:pal~:~each, Florida - $24,829.00
.Carter Construction CO. Fort Lauderdal~ Florida - 2~842.50
The::lC~':~i~e~ M~f~hy Construction Co., are a highly reputable
~wa~s 'in :his area. Their'ba~'ic d~'~'ign'c0ntemP[~'~
H'J~&m ~a~t"'~ Piies int~'%~e ~olid rock with reinforced concrete
panels between which also are trenched into rock, the whole of
MurphyC°~struCti°nc0. States that their bid price is firm and
that upon receipt of the bid award they will have.detailed con-
~trU6ti°~rawi~gSa~d spe~i'fiCation~'.prepar~d:by
Cr°cke~'~egistered"Engin~ers 6f ~ai~ B~a~hl .... ':- '
It is recommended that th'e award be made ~o ~Ur~hy' C~hstrU~tion
Mayor. Avery'said there had bee~ discus~ion'as"to 'where the? f~ds
for the seawall Would come from and it had been mentioned .there would
be some obligation from the sewer funds as the seawall was needed to
protect ~h~.&a's'ter lift.station loo~ted in the City Park and hat
· invest~gate~ Ma or ..... ..... ''''
that had been a cer't ........ ' ".' ..... .-- O.. ng xf
Impr0ve'~en~'~ruSt FunS'/:~h~':there:was ~a balance in that"fUhd of
$53,~335.06,
Mayor Avery'said he felt"~e. Sewer Fu~d should pa'"i't~'Dro~ or-'~o -
of the sewer lift'S.ration.
~'~S phi,ted' ~dt ~ha~ With the inst~llation of~-se~wall/~0,000
'~a:y0~ aje~y suggested th~tit be moved.that the' aW~'~d ~e"~i%n' to
Murphy' C6nst~Cti~ ~0moan~' fo~' the~ sum of $24,829.00-, the money to
come from the .Caoital Imorovement Fund and the Sewer Fun~ in. the pro-
P°ffti°'n' asc~ta~d'~y t~e City Engi~eer'i' '
i02.
City Attorney Adams suggested that the motion contain the stipula-
tion that it be subject to the execution of a contract satisfactory
to the city with a 100 per cent performance bond, also that it be
subject to the approval of the Corps of Engineers that the seawall
can be located in the area in which it is proposed. It was so moved
by Mr. Talbot, seconded by Mr. Jurney and unanimously carried.
10.x. City Manager Worthing informed the Council that authorization
is requested for directing the Consulting Engineers, Russell & Axon,
to prepare plans and specification designs for Sections No. 10 and
No. 19 in the proposed extension of the City's sewer System, as
identified in the recent Engineering report from Russell &Axon. This
request is the result of the Committee's report to Council relatlve to
solicitation of proposals from Fiscal Agents, which has not as yet
been concluded, for financing of additional sewer installation
tensions.
The City Manager also reported to Council that concerning the re-
habilitation of the old sewer system, it is recommended that consider-
ation as to the extent of such rehabilitation be deferred until the
next regular Council meeting in order that he may have more time for
further study, a recommendation to be presented at that meeting, as
he believed there could be a substantial savings from 'the $176,000.00.
Mayor Avery explained that Sections 10 and 19 are two much needed
sections of the sewer, and would develop a good revenue, onesection
including the area that will service Seacrest High School.
City Manager Worthing said he would recommend that a motion be made
that authorization be given directing the Consulting Engineers, Russell
& Axon, to prepare plans, specifications and ~esign drawings for
Sections 10 and 19.
City Attorney Adams commented~ "With the understanding that we are
in the absolute minimum bracket, as far as design fee, with full cred-
it on the last contract that we undertook, and the Council feels there
is sufficient money." It was so moved by Mr. Croft, seconded by Mr.
Jurney and unanimously carried.
10.x. Mr. Talbot moved that the City Manager be instructed to request
the City Engineer give the Council a report from the Russell & Axon
Water Report as to any recommendations or deletions~ and in general,
his resume of the report. The motion was seconded by Mr. Saunders and
carried unanimously.
10.a. City Manager %~orthing presented the following Bills for Approval
General Fund $ 208,271.46
Water Operating & Maintenance Fund 3,916.14
Water Revenue Fund 21,560.10
Special Assessment Fund 2,415~14
Refundable Deposits Fund 2,169.70
Beach Disaster Fund 3,023.48
I~provement Fund 1,287.84
The bills were unanimously approved to be paid, on motion by Mr.
Saunders and seconded by Mr. Talbot.
The meeting adjourned at 11:02 P.M., by order of Mayor Avery.
R. D......WORTHING
City Clerk
............. MAYOR '
-12- 3-22-65
102-i
ORDINANCE NO. ~-6~. .~ _
AN ORDINANCE OF TH~ CITY COUNCIL OF
~ CITy 'OF DELRAY BEACH, FLORIDA,
TZON O~JN~CE) ~AIN~~ ~O ~
Rr~H~S A~D OBLZ~T~ONS OF SArD ~S.
BE IT ORDAINED B~ THE CITY COUNCIL OF TF~ CITY OF
DELRAY BEACH, FLORIDA:
That Sections 3, 4 and 5 of Ordinance G-508, passed
on second and final reading on November 21, 1963, be, and the
same are hereby amended to read as follows:
"SDc~on 3. That the tracts of land hereinabove des-
cribed are hereby declared to be in the Zoning District ~-3
as defined by existing ordinances of the City of Delray Beach,
Florida, and subject to a ten foot setback from the front
property line measured from the ~Orthright-of-way line of the
roadway hereinafter provided for thr6~gh"Lot'25 and from the
cul de sac hereinafter~provided for in Lot 24, and ten feet
from the south property l%ne 0f~the..remaind~.0f. Lot 24 and all
of Lot 11. ,- ~ , ,- ....
".~=tion ~. That the owners will dedicate the North
25 feet of the south 27 feet of said Lot 25 for.public roadway
purposes and further dedicate a cul de sac 70 feet in diameter
on the easterly 80 feet of Lot 24, said cul de sac to consist
of two semi.-CirCkeS Of 70. feet.$n, dia~gter; a...10~foot..strip
between said semi-circles; and the part of sa~d lot necessary
to fully connec~ said uul de sac with the aforementioned road-
way. The owners will provide an easement for drainage purposes
only, six feet in width, from-the SQ~t~.liBe..of said Lqt 24,
north to the canal ~d~oining the property; the westerly boundary
of said, easement to be 80.feet. west of and parallel to the.
easterly lot line of Lot 24. In addition, the owners agree
that all, property described in Section 1 shall be subject to
the further Provision of this ordinan6e that should Lots 11 or
24 ever he.subdivided or otherwise changed from one ownership
a suitabl~'.means of ingress o~.egr¢~ssshall be provided from
the aforementioned roadway and cul desac. 'it.is understood
and agreed that until, such time as reasonable .ingress and egress
.is~provided to the¢ity, garbage collection will be accomplished
at the aforementioned cul de sac.
In no event shall the aforementioned drainage easements be used
for any ~urpose 0thor-than drainage and no sewage shall be
drained or carried through such easements.
water will follow the contour of the land anddrain from east
to west as far as the..c~l de sac and then drain-from said cul
de sac to the finger canal lying contiguous to the property on
102-B
the north. Said drainage will be accomplished b~'.the use of
storm sewer pipes of whatever diameter specified by the City
and. the storm sewer pipes will be placed within the boundaries
of the aforementioned six foot easement under the ground.
The above deSC~ibed drainage shall be designed by. a qualified
engineer and shall be approved by the City prior 'to the con-
struction thereof. All construction shall be in accordance
with City standards; and City representatives shall have access
to the premises to inspect the Q0nstruction at all times during
said construction period. T~e owners.will save the City harm-
less from any expenses incurred by the City which are necessita-
~ed becaUSe of any improper installation of the drainage or of
the gra~in~, insofar as the same maypertain to the above des-
cribed property.
In the event the drainage of the property sou~h of %he subject
property shall require the installation of storm sewers other
than above mentioned or shall require the installation of larger
storm sewers, such additional or larger facilities shall be
installed at no additional cost to the owners.,,
PASSED and ADOPTED this 22n~ . day of NaPch ,
1965.
AL. C. AVERY
MAYOR '"
ATTEST:
/s/ R. O. WO~TH~NG
CITY CLERK ~
First reading Feb~ua~ 2Z, 1965'
Second reading Ma~¢h ~, 1965
- 2 -
102-d
ORDINANCE NO. 6-6~
DE~Y B~ CER~IN '~, ~L~"L~ 41 and
~ST 50 FEET O~ LOT 42. DE~Y B~ SHO~S,
L~MXTS OF ~XD CI~ '~DEF/N/NG ~-'BO~ARXES
OF SAID CITY ~ INCL~E ~XD ~. PRO~DING
A~ PRO~DING FOR ~"~ZONING ~E~0F.
.. %- (1034 Brooks ~ne)
~S, C~ D. RUSSELL and ~'~T F, RUSSELL (his wife)
are the fee simple o~ers' ~f .~6 property herexnafter describe~, and
~S, C~*~i'~U~LL and ~~ F. RUSSE~ (his wife)
by ~eir perdition, have consent~ and given~.p~mission for the annex-
ation of said property .by the City of ~lray .Beach, and
~S, ~e City ~f~Delray Beach has heretofore been au-
thorized to annex lands in accor~dance with:~Section 185.1.of the City
~arter of said City granted t~ ~t by the state of Florida
N~, ~E~FO~, BE IT O~I~D BY ~ CITY COUNCIL OF
CITY OF DE~Y B~, FLORI~, AS FO~WS:
8B~O~ 1. ~at ~e City Council of the City of ~lray
Beach, Palm ~each County, Florida, hereby annexes to said City the
following dgscribed tract of land located in Palm ~ach Cowry,
Florida, which lies contiguous to said City, to-wit:
~t tract of land, namely Lot 41 and.East
50 feet of ~t 42, Delray ~ach Shores,
Delray Beach, per Plat B~k 23, Page
Public Records of Palm Beach County, Florida.
SE~ION 2. ~at the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include ~erein the
above descried tract of land and said land is hereby declared to be
within the corporate limits of ~he City of Delray Beach, Florida.
SE~ION 3. ~at ~e tract of land hereinabove described
is hereby declared to be in Zoning District R-~, as defined by ex-
~s~ing ordinances of the City of Delray Beach, Florida,
SECTION 4. ~at ~e land hereinabove described shall im-
mediately b~o~ subject ~ ali of the franchises, privileges, im-
munities, debts (except the existing ~nded indebtedness), obliga-
tions, liabilities, ordinan~s and laws to which lands in the City
of Delray Beach are now or may be, and persons residing ~ereon
shall be deemed citizens of ~e City of ~Iray Beach.
SECTIO~ 5. ~at if any word, phrase, clause, sentence or
~rt of this ordinance shall be declared illegal by a court of com-
petent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED in regular session on the second and final reading
on the ~nd day of Ma~oh , 1965.
MAYOR
/S/ R. D. WOR~IN~ ....
City Clerk
Second ~ead~ Ma~uh ZZ, 1965
lO2-D
ORDINANCE NO. 7-65.
AN Og~INA~CE OF ~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BRACH CERTAIN LAND, NAMELY LOT 2, SEACREST
SUBDIVISION, WHICH LAED IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~
AND PROVIDING FOR THE ZONING THEREOF.
(215 Seac~est Lane)
WHEREAS, GLORIA G. PAUL, iS the fee simple owner of the
property hereinafter described, and -
WHEREAS, GLORIA G. PAUL, by her petition, has C6nsented
and given permission for the a~nexation of said property by the City
of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been au-
thorized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C~UNCIL OP THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS=
SECTION 1. That the City Council of'the City of Delray
Beach, Palm Beach County, Plorida. hereby annexes to said City the
following described tract of land located in Palm Beach County,
Florida, which lies contiguous to said City. to-wit:
That tract of lan~, namely Lot 2, Seacrest
Subdivision, per Plat Book 23, page 3, Public
Records of Palm Beach County, Florida.
~ECTION2o That the boundaries of the City of Delray
Beach, Florida. are hereby redefined so as to include therein the
above described tract of land and said land iS hereby declared to be
within the corporate limits Qf the City of Delray Beach. Plorida.
~$CTION 3. That the tract of lanfl hereinabove described
is hereby declared to be in zoning District R-/AA, as ~efined by
existing ordinances of the City of Delray Beach, Florida.
SECTION.4. That the land hereinabove described shall im-
mediately become subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and
persons residing thereon shall be deemed citizens of the City of
Delray Beach.
sECTiON f. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of com-
petent jurisdiction, such record of illegality shall in no way affect
the remaining'portion.
PASSRD in regular session on the second and final reading
on the a2n~ day of Ma~oh, 196~.
/s/ AL. C. AVERY
ATTEST: M A Y O R
City Clerk
First Reading ~ch 8, 1965 Second Reading Ma~ch 22, 1965