07-13-64 ~39
JULY 13, 1964.
A regular meeting of the City Council of Delray Beach was held in
t~ 0ou~cil Chambers at 8:00 P.M., with Vice-Mayor J. Le~o~ Croft in
th9 ~hair, City Attorney John Ross Adams, City Manager R~Ft J.
H~%l~d, and Councilmen Emory J. Barrow and Jack L. SaunterS, being
Vice-Mayor Croft called the meeting to order and announced that
M~o~ Avery was vacationing in North Carolina and that Co~D~$1man
~ was also out of town. ~
1, A~ opening prayer was delivered by City Clerk worthi~g,'
2. The minutes of the regular meeting of June 22nd and ~ecial meet-
ings~of June 29th and July 7th, 1964, were unanimously ~roved on
m~on by Mr. Barrow and seconded by Mr. Saunders.
3. Mrs. Paula Trepes of Boynton Beach informed the Coun~%~ ~hat she
wa~ ~0t satisfied with the manner in which the Delray Be&~h Municipal
Swimming POol was being operated without accredited and ·approved Red
Cross water safety instructors, and it was her desire that the in-
structors be accredited and approved by the Red Cross.
Mrs.. Martin J. Metz, 701 S. E. 1st Street. Delray Beach, .informed
the Council that her request was the same as Paula Trepes',concerning
the swimming instructors at the municipal pool.
City Manager Holland informed the Council he did not believe these
people had a complaint, but if Council wished an explanation,he would
be glad to give them some detail on the matter, hut felt it was an
adminis~rative problem and not a policy matter.
Vice-Mayor Croft said he considered this an administrative matter,
and if there were any other complaints on the same subject, that they
be taken up with the City Manager.
3. Attorney John Moore, representingMr, and Mrs. Robert L. Moore
in the development of their property, being part of Lots 11, 24 and
25, Section 9-46-43, presented a letter and sketch concerning proposed
rights-of-way and easements in the development of said property, and
asked that notices be sent as required by Ordinance No. G-508, which
ordinance annexed this Moore property to the City, that the public
hearing may be at the next regular Council meeting.
Vice-MayoF Croft directed the City Clerk to take care of such
notices.
4. Vice-Mayor Croft announced that the Beautification Committee had
met three times recently, and then read the following condensed min-
utes of said meetings:
"The Civic BeaUtification Committee has met three times since
the last regular Council meeting. Members present: LeRoy Croft,
Clarence B~ngham, Peg Bowen, Phyllis Plume, Wade Cartee, J. B.
Smith, Charles Toth. The others are on vacation.
On June 29, a special meeting was held. with the City Council,
the Mayor and the City Manager. Ways of maintaining better
communications, and cooperation were satisfactorily discussed.
The scrapbook was passed around for all to see, and highlights
of the committee's projects were enumerated. Mrs. Bowen, as
temporary chairman, also read a list of 'services' this committee
can perform. The Councilmen asked the oo~ittee to continue
searching out ways to improve the appearance of the =omm~ity.
· 7-13-64'
"The committee requests the COuncil to approve the following
names= Mr. ~aryGoode~ and Mr, LeRoy Merritt aa committee
members! an~ Mrs. James Bowen as the new Chairman. (Council
action)
Mr. Charles Toth presented his plans and drawings for the new
ornamental wall and name sign to be place~ at the entrance of
the City Cemetery. It met with the Council's approval.
On Juiy 2, the committee again met in the Conference Room at
City Hall, and will continue to meet there instead of at the
Chamber of commerce, since Mr. Ellingsworth is no longer a
member of the committee.
Mr. Holland presented a plot plan of the new parking lot and
suggested we submit a design for landscaping it. Mr. Holland
also read a letter from Mrs. Nogel of the Seedling Garden Club.
Her club desires to provide a focal planting at the end of
Atlantic Avenue, at the Ocean. Mr. Cartes will contact her
for further information.
At 4 p.m. that same day the committee took a tour of the city
to better evaluate existing conditions, and set a special budget
planning meeting for 9=30 a,m., July 9.
fit the July 9 meeting, the committee reviewed what had been
observed during the tour. The committee would particularly
recommen~ that the Council seriously consider putting a
shelter, including rest rooms, in the newly created paul
~oWles Park at S. E. 10Ch St. We believe its constant use
warrants such comfort.
The =est of the meeting was concerned with monies needed to
finish Beautification projects already underway, and itemizing
those considered to be next in importance. A budget will be
submitted to Mr. Holland within ten ~ays."
The appointment of Mr. Gary Gooder and Mr. LeRoy Merritt to member-
ship of the Beautification Committee, and Mrs. Margaret Bowen as Chair-
man of said committee was unanimously approved on motion byMr.
Saunders and seconded by Mr. Barrow.
Mr. ~ooder was appointed to fill the unexpired two-year term of
Mr. Kenneth Ellingsworth, which ~xpires January 1, 1966. Mr. Merritt
was reappointed to fill his own unexpired two-year term, expiring
January 1, 1965. Mrs. Bowen is serving a one year term for' 1964, as
representative of the Council of Women's Garden Club.
4.a. A roll ca~l showed the following Civic Organizationsan~ re-
presentatives to be in attendance.
Seagate Garden Club Mrs. Margaret.Bowen
Tropic IsleCivic Association Mr. John E. Varney
5. There were no public releases.
5.a. ViCe-Mayor Croft read the following letter from Mayor Avery con-
cerning a list of firms, recommended by the Florida League of Munici-
palities, who conduct municipal operationappraisals=
"Attached is a list which you asked me to procure from the
Florida League of Municipalities. I have given the original
to City Manager Holland with"the directive that we are unani-
mous in our desire to streamline the administrative paper work
section of the City Government. He informs me that he is in
-2- 7-13-64
complete accord and will welcome any assistance that can be
given him. He also has some idea about automation in billing,
and is exploring this possibility and will discuss same with
you. This project is far too important to be allowed tO lag
w~ile ! am absent from the City, so I earnestly requee~ ~hat
~u pursue this matter to the fullest extent with the ~r-
~e that you have my full support."
Vice-Mayor Croft announced that Mayor Avery had been asked to con-
tact ~sid Florida League of Municipaiities for a list of ~s theY
wo,ld recommend to co,duct this type of appraisal, and th~'~es of
fo~ ~rms had been submitted. Further, with Council per~i~on, he
wo~d ge~ letters in the mail to those firms, requesting ~h~they
fu~i~ the city with all the information in the scOpe of~w~rk'that
' ~. Sagnders moved that said letters be sent out, th9 mP~i0n being
se~o~ed by Mr. Barrow and unanimously ~arried.
~r. Saunders asked City Manager Holland how he was progressing
wide'his ~ime study of City employees that is to be prese~dto the
Co~c~i with the proposed budget.
City Manager Holland informed the Council there was a three
months'survey of various departmentS, but the others would have to
be on a percentage basis, and would be presented to the Council with
the proposed budget.
6.a. Concerning consideration of expanded hours of operation at the
Community Center, City Clerk Worthing read the following memorandum
from the City Manager, dated July 8, 1964:
"Re: Report relative to expanded hours of activity at the
Delray Beach Community Center.
In accordance with Council instructions, we have analyzed the
administrative necessity'for expanding the hours of operation
at our Community Center. Opening this facility for six days
a week and extending the Friday evening hours of operation
from 11 to 12 O'Clock p.m. will necessitate the following
additional costs:
Personal Services
Janitorial 96 hours ~ 1.45 = $139.20
Police 72 hours ~ 2.00 = $144.00
Supervisory 108 hours ~ 2.70
Total $574.80
The above estimate is for a three month period for the duration
of our summer recreation program. If the Council wishes to
adopt this policy for the recreation program, I request authori-
zation for the above additional expenditures. If you wish this
policy on a yearly basis, the additional cost for the year will
be $2,299.20.
The supervisor of this facility would be working approximately
70 hours per week under this setup."'
Vice-Mayor Croft said he did not realize that the additional hour
the Council had voted for the Community Center to be open on Friday
nights would involve as much money as was indicated by the ~ity Manager,
and 'asked for' the recommendption of the City Manager.
City Manager Holland commented as follows: "I recommend you go
back on your regular schedule, t~ a 10:30 P.M. closing~ for two reasons.
1. we don't have the money for temporary relief without an .appropri-
ation. 2. It Will have to be included in the budget. In discussion
-3- 7-13-64
"this a~fternoon, we feel we can carry on the six days a week, which
we are.~ow doing, with the janitorial facilities on Sunday, and ab-
sorb that until September first. That would be my recommendation."
During discussion, it was pointed out that the. regular schedule
of the.-~ommunity Center was five days a week, withes 10:30 P.M. clos-
ing hour.
Mr. Saunders moved that the schedule of the Community Center be
returned to five days a week, with'a 10:30 P.M. closing hour, the
motion being seconded by Mr.'Barrow and~ unanimously carried.
6.b. Concerning a survey of lots in vi01ation of Section 15 of the
City'sCode of Ordinances, City Clerk Worthing informed the Council
that in compliance with Chapter 15, this survey'report is submitted
by the City Manager, and the Council may request any desired inform-
ation relating thereto from the Chief of the Fire Department, who
created the list, and if in the opinion of the Council, a prima facie
case showing the existence of such alleged nuisance is established,
Council Should direct the City Clerk to comply with Sections 15-3
through 15-9, as applicable to this survey report.
During discussion, City Manager Holland explained that the City
forces mow unimproved lots within the City, but these lots have too
much growth for the City equipment to handle, and there have been
complaints concerning the condition of said. lots.
Mr. Barrow moved that this list of lots in violation of Section
15 be processed according to Ordinance regulations, the motion being
secondedby~Mr. Saunders and unanimously carried.
(A copy of said nuisance violation list is attached to and made
a part of the official copy of these minutes.) (See Page 450-A)
6.c. Concerning bids to repair damage to the sea wall at the City
DOcks, it ~was reported that there had been a bid and sketch presented
by Ray Q~almann of Pompano Beach, copy of which had been sent to the
Councilmen with the agenda, also the following letter from Attorney
John Moore, dated July 8~ 1964:
"Re: Reppirs - City Dock.
Please .be advised that Mr. Lawrence J. Plym, President of
Plum Company~ is willing to make the necessary repairs to
the City Docks with the understanding that one-half of the
cost of the low bid for such repair work will be borne by
the City, and that deductions for such amOUnt shall be made
from the annual rental paid by Plym Company to the City of
Delray Beach."
It was reported that a bid on said douk repair had been received
today from the Murphy Construction Company of West Palm Beach.
City Manager Ho~land recommended,' if said bids were to be con-
si~ered tonight~ that a ceiling of $1,600.00~e placed on the work,
and that he be given the °pportu,itY of comParing'the two bids With
the people who are involved, as to the work that ia specified to be
done.
Attorney Moore informed the Council that procedure would be
agreeable to the Plym Company.
Mr. ~arrow stated that he had re~ent discussion with the origina)
lessee of the City Docks and this proposed Procedure of repair is
different from the origins1 intent, which was that the full responsi-
bility of the upkeep and maintenance of the docks would be by the
people leasing them, with no expense to the City.
Mr. Barrow said he understands Mr. Plym has been very cooperative
with the City in all the work he has done and is doing in the City,
and on that basis, would move that the City go along as the City Manage:
has recommended, so long as it does not set a precedent for some fu-
ture action.
,4- 7-13-64
City Attorney Adams explained that the desire was to authorize an
expenditure of no more than one half of a total of $1,600.00, in ac-
cordance with the two proposals submitted, with the City Manager and
City Engineer being allowed to assist the Plym Company in selecting
the most satisfactory proposal to the City, and at the same time, not
setting a precedent.
During discussion, Attorney Moore said it sh0uld be Ieft up to
the engineering department to decide which was the most feasible type
of construction.
Mr. Barrow restated his motion as follows= "I move to go along
with the recommendation of the City Manager for him to.have a meeting
and decide which bid met the requirements the best, not to exceed
$1,600.00, that we stand half of it, and that we are not setting a
precedent. Also, tha~ ~the half the City is to pay will be deducted
from the rent on the docks." The motion was seconded by Mr. Saunders
and carried unanimously.
6.d. Regarding a survey of lots in violation of Ordinance No. G-560,
City Clerk Worthing informed 'the Council that in compliance with
Section 2 of said Ordinance No~ G-560, the 'following list of 9roper-
ties is su~itted by the City Manager for Council consideration and
disposition:
Frank De Rice Lot X, Block 14, Seagate
P. O. Box 541 Section A.
Delray Beach, Florida
Gladys U. James Lot 8, Block L~ John B. Reid's
2 Pierpont Place Village and that part of Block 135
Brookl~a% Heights, Brooklyn, lying between the'westerly exten-
New York. sion of the north and south lines
of said Lot 8 and east of easterly
right-of-way line Of Intracoastal
waterway.
Arvida Realty Company Part of Blocks 141 and 149 lying
1501 1st National Bank Bldg. south of Atlantic Avenue and west
Miami 32, Florida of the Delrest Inn.
R. D. & E. Schell & Lots 12 through 19, Block 12,
Baerenklau & Company, Inc. osceola Park, lying north of S. E.
2900 East Sunrise Boulevard 7th Street and east of S. E. 6th
Fort Lauderdale, Florida Avenue.
Beth N. Christenson part of Lots 12, 13, 30; 31, 32
555 Pelican Lane and 33, Section 9-46-43, lying
Delray Beach, F10~ida south of N. E. 8th Street and west
of Andrews Avenue.
City Clerk Worthing read the following letter from the'Arvida
Corporation to City Attorney Adams, dated July 9, 1964:
"Re: ReaI property located in Blocks 141 and 149,
Delray Beach, Florida.
Reference is made to your ietter of June 26, 1964. I apo1o-
' gize for not having answered your letter'earlier, but'I was
out of town on'several trips recently.
I have asked our Chief Engineer, Mr. Norman Cortese, to con-
tact you as soon as possible in connection with the subject
matter of your letter. Mr. Cortese will be contacting you
shortly for an appointment."
This letter was signed by Mr. Frank M. Steffens, Senior Vice
President.
-5- 7-13-64
The City Clerk read the following letter from Mr. Rowland D.
Sche11, to City Attorney Adams, dated July 9, I964=
"Please excuse the delay in answering your nice letter of June
26th but I have been out of town. I would like to compliment
you, as Delray Beach City Attorney, for writing such a friendly
letter regarding ~he situation of Lots 12 thru 19, Block 12,
Osceola Park, Delray Beach.
I entered into an agreement on March 17, 1964, with Tropic
.Bui'lders of DelrayBeach, Inc., signed by their secretary.
Albert Burger where it was agreed that I would give them free
of charge all excess fill on the property, leaving the property
at a grade of 12 to 18 inches above the crown of the existing
street, namely S. E. 7th Street. They agreed that all excess
fill would be removed within sixty days.
I sawMr. Burger last week end and he assured me that within
two or three weeks they would have this done as they were
waiting for a job that would be ready for this ~ill within that
time.
While in Delray, I talked with Jack Nutbrownwho is with Hardrives
and had expressed a need for the fill. He said he had no use for
it at present but thought they would have in the very near future
and would contact me. Inasmuch as the agreement with Tropic
Builders has not been fulfilled within the time specified should
Hardr'ives request the fill ahead of their moving it I will give
them permission to do so. At any rate, it looks like this prop-
erty will be restored to its normal level well ahead of your
October 15th date. You may rest assured I will be constantly
pressing the afo~=~mentioned so as to accomplish this as soon
as po~sible.
As a passing thought, should the City of Delray Beach have any
us® for this fill I would be glad to give .it to them."
Concerning the offer of Mr. Sche11 to give the City said fill,
City Manager Holland informed the council there ~as no present need
for same, but if there was a need for it before it had been removed,
he would take advantage of the offer.
It was reported that the Christenson property in Section 9-46-43
had been graded, and was no longer in violation.
Concerning the James property, City Attorney Adams reported he
had received a letter from the United States TTUst Company confirming
that completion of work on said property is slated for about the
middle of September, 1964,
Vice-Mayor Croft suggested sending notices, as set up in Ordi-
nance No. G-560, to all the peopl~ listed who are in Violation of said
ordinance at this time.
Mr. Saunders said that since all the peopIe contacted, with the
exception of Mr. DeRice, had replied to their letters concerning the
elimination of the dredged spoil,he would suggest:nothingelse be done
before the first of September, and by that time, some of the proper-
ties would have been taken care of and there would be no need for
further notice.
Following lengthy discussion, Mr. Saunders moved that this item
be tabled until the next regular Council meeting, the motion b~ing
seconded by Mr. Barrow and unanimously carried.
-6- 7-!3-64
6.e. Concerning consideration of bid for repairs to City Docks, City
clerk Worthing informed the Council that attached to the agenda, the
City Manager forwarded a 'bid from Ray Qualmann in the amo~n~ of
$1~000.00, for repair of damage to the north end of the City Docks,
whi¢~ damage was alleged by Commodore G. P. Leedy, Pockmark9. ~, to
h~%been caused by the sewer line installation work'of Ba~b~rossa
& Sons along Marine Way.
Mr. Saunders asked what effort had been made to get Barbarossa
& So~S to make said repairs, and City Manager Holland said t~ey had
be~n ~sked to do it,but had not done so, which is the reas~~' it was
prpse~ted to the Council at this time.
During discussion, it was pointed out that City Manager Holland
was ~he liaison between the Council and Russell &Axon, whowere to be
ful~' responsible for the construction of the Sewer Project.
~C~ty Attorney Adams explained that as he understands !t~ City
Made,er Holla~ wants authority from the Council to approach Barbaross:
& S0~S and demand that they clear up the damage they have caused.
'Following discussion, Mr. Barrow moved that City Mana~pF Holland
be i~$tructed to get in touch with Mr. Neff, and ask thatches be re-
paired and put'back in shape equal to or better than it waS,'at no
expense to the City. Further, if they don't comply, the Council is
to be advised and some money can be withheld from the contractor. The
motion was seconded by Mr. Saunders and carried unanimously.
7.a. City Clerk Worthing read the following letter from the Planning/
Zoning Board, dated July 8, and Signed by Chairman Kenneth Jacobson:
"The Chairman of the Planning and Zoning Board received a
letter of resignation from Richard Jebb. On a motion by Mr.
Hanna it was unanimously approved to accept the resignation
with regrets.
The Board at its next regular meeting will nominate a replace-
ment for Mr. Jebb and will make the recommendation to the
Council for the appointment of the new member."
Mr. Saunders moved to reaffirm the action of the Planning Board,
accept Mr. Jebb's resignation,and thank him for his past services,
the mo~ion being seconded by Mr. Barrow and unanimously carried.
8.a. ORDINANCE NO. G-554 was presented for second reading.
AN ORDInaNCE OF T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUB-S~CTION
(E), SECTION 29~7, CHAPTER 29 OF THE CODE OF
ORDINANCES OF THIS CITY PERTAININ~ TO BUILDING
SITE AR~A REQUIREMENTS IN THE R-3 MULTIPLE
FAMILY DWELLIN~ DISTRICT%
City Clerk Worthing informed the Council that since the agenda
had been prepared, the Planning/Zoning Board had requested that Council
take no action on this Ordinance No.. ~-554 as they would like to make
a further study of same. There was no discussion or action taken on
said Ordinance.
8.b. ORDINANCE NO. G-555 was presented.
AN ORDINANCE O~ THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING, CHAPTER 21
OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING
TO VARIOUS PLUMBING CODE REQUIREMENTS, REPEALING
ALL ORDINANCES'IN CONFLICT; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
-7- 7-13-64
(Copy of'Or~inance No. G-555 is attached' to and' made a part of
the official copy of these minutes.) (See Pages 450-B & 450-C)
a 450-D '
·here bein~ no objection to Ordinance No. ~-5550 said Ordinance
was unanimously passed and adopte~ on second and final reading on
motion by Mr. Saunders and seoonded by M~. Barrow.
8.c. O~DX~NCE NO. G-557 ~as presented.
AN ORDINANCE OF THE CITY COUNCIL OF THE ·CITY
OF DELRAY BEACH, FLOR/DA, REPEALING VAP/OUS
OBSOLETE SECTIONS OF THE CODE OF ORDINANCES
OF TH~S CITY.
WHEREAS, the City' Council of the City of Delray Beach, Florida,
deems it in the beat interests of the City to repeal certain obsolete
sections of the Code of Ordinances of this City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That SectiOns 8-3 through 8-6, inclusive, Chapter 8,
be, and the same are hereby repealed.
Section 2. That Sections 11-1 through 11-6, inclusive, Chapter
11, be° and the same are hereby repealed.
Section 3. That Sections 28-1 through 28-5, inclusive, Chapter
28, be° and the same are hereby repealed.
Passed and adopted on second and final rea~ing this the . . day
of ...... 1964.
There being no objection to Ordinance No. G-557, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Saunders and seconded by Mr. Barrow.
Mr. Saunders said that since this ordinance had something to do
with obsolete sections of the Code, it brought to mind a newspaper
article' concerning the possible loss of a stamp store in Delray Beach
because of a very high license fee, and asked if it would be in order
to have the license ordinance studied for fees that are possibly out
of line at this time.
City Attorney Adams said that different parts, of the Code of
Ordinances had been studied re~ently~ further, there' was some disa*
greement on just what a t~ading stamp :company is. Also, that he would
study the license ordinance with City Manager Holland and CitY Clerk
Worth[ng and if there are any obvious fees that are out of line, there
would be a report to CoUncil concerning same at the next regular meet-
ing. ~urther, that if a redem~tion stamp c~.~pany is the same as a
trading stamp company, there will be something proposed on that.
8.d. ORDINANCE NO. G-558 was presented.'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LAND~ NAMELY LOT 33, LAKE SHORE ESTAT~.S~ W~LICH
LAND IS CONTIGUOUS TO EXISTING MUIT/CIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNdaRIES OF SAID CITY TO INCLUDE
SAID LAND= PROVIDING FOR. THE RIGHTS AND OBLIGATIONS OF
SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. G-558 is attached t° and made a par2 of the
official copy of these minutes.) (See Page 450-E)
-8- 7-13-64
There being no objection to Ordinance No. G-558, said ordinance
was ~nanimously passed and adopted on second and ~inal ~ea~lng on
motion by Mr. Barrow and seconded by Mr. Saunters.
8.~. ORDINANCE NO. G-559 was presented.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL~AY B~ACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 2~
TOWNSHIP 46 SOUTH, P~NGE 45 EAST, WHICH LAND IS'
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR ~
ZONING THEP~EOF. (Slimes Radiator Service,1211 S.E. 6th Ave.)
{Copy of Ordinance No. G-559 is attached to and made a part of the
official copy of these minutes.) (See ?~es ~0-F & ~0-~)
There being no objection to Ordinance No. G-55~, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Saunders and seconded by Mr. Barrow.
9.a. City Clerk worthing read the following Planning Board report,
dated July 8, 1964:
"Re= Request for permissive use on Lots 4 & 5, Block 1,
Ocean Park.
A motion was made by Mr. Hanna, seconded by Mr. Kabler and
unan£mously approved that the hearing be closed and no action
be/taken, because the Board felt it was not in their juris-
diction to make a recommendation on this request."
Upon question from the Council, Building Official Hughson informed
them that this area had been used for dining purposes for many years
and the owners wanted to enclose the area.
Mr. Barrow move~ to grant permissive use for this property to be
used in line with their proposal. The motion died for the lack of a
second, and following discussion, Mr. Barrow moved that this item be
referred to the Board of Adjustment for a public hearing on July 31st.
The motion was seconded by Mr. Saunders and carried unanimously.
9.b. Concerning the following Planning Board report Of July 8th, city
Clerk Worthing-informed.~the Council that this item had been referred
to the Planning ~oard for their study and recommendation:
"Re: APplication for annexation of the Horizon Apartments,
located on South Ocean Boulevard, into the City under an
Apartm~House Classification.
A motion was made by Mr. Hanna, seconded by Mr. Kabler that
the hearing be closed, and to recommend to Council that the
City. Attorney be instructed to compi~9 an ordinance annexing
the said property as R-3, (with mod~$~ations that will be
owner .
~greeable to the prope~y and' t~ff City)
At the same hearing, and af~= discussion, kt was unanimously
approved that another detail~hearing be held at a later date,
in regard to an application fo~ annexation'into the City for
the Alfaro property..At~ this time a recommen~at&on to Council
will be submitted by the Planning Board, with a modified or
buffer zoning classification that w$11 be applicable to both
the Horizon and Alfaroproperties.
-9- 7-13-64
City Clerk Worthing commented as follows: "! believe you gentle-
men should sustain the reco~m~%ndation of the PlanD!ng Board in regard
to the first portion of th'is ~eport, which was d!Necting the City
Attorney to provide an ordinance for annexation of the Horizon APart-
ment properties in accordance with their original application, which
was with an appropriate zoning classification permitting multiple
family dwellings with a height limitation of two stories." It was so
moved by Mr. Saunders, seconded by Mr. Barrow and unanimously carried.
X. City Manager Holland informed the Counc~! that the Palm Beach
County Health Department desires to have the City License Department
fill out a form for people applying for a license where food is in-
volved, ak the time of a new establishment, ch&~gs of ownership or
extensive renovation, in order that such businesses may be inspected
and either approved or disapproved by the Health Department before a
City occ~pational license is issued.
.Mr. B~rrow moved that this request be granted, the motion being
seconded ~yMr. Saunders and unanimously carried.
X. City Manager Holland informed the Council that he would like to
construct a north-south alley between N. E. 5th and 6th Avenues and
3rd and 4th Streets, that there is a sixteen foot alley right-of-way
that csn be used to an advantage for City services. Further, that
the cost of said alley construction would be approximately $250.00
and the money was available.
Mr. Barrow moved to grant the request of the City Manager for said
alley construction, the motion being seconded by Mr. Saunders and un-
animously carried.
X. City Manager Holland informed the Council that at the time he ob-
tained easements for the sanitary sewer installation, he had made a
tentative agreement with property owners on the west side of N. E. 5th
Avenue, between S. E. 4th Street and a fourteen foot cast,west alley,
to open said cast'west alley and providing an alley.over the ease-
ment at the west end of said properties, which alley would be very
beneficial to the City in servicing this business district, also for
ingress and egress for parking on said business property, thus keeping
traffic off of Federal Highway.~
The Council questioned extending said Proposed north-south alley
south to N~ E. 3rd Street, and were informed there existed a very
narrowtrian~Iar strip of privately owned land where said extension
would need to'be constructed.
Following discussion, Mr. Saunders moved that the City Clerk be
given the authority to negotiate with the proper%y owners in question
for said triangular strip of ground, to determine what sale value they
place on said property, and that same be referred to the Council for
consideration at the next regular Council meeting. The motion was
seconded by Mr. Barrow and carried unanimously.
x. City Manager Holland informed the Council that the City was in the
process of moving into the newly purchased sanitary land fill property.
but before it could be used, it would be necessary t~'clear the large
trees. Further, that the City does not have the proper equipment for
that work, and Mr. James Prillaman had quoted the City a price of
$75.00 per acre for clearing the land of said trees, which cost for
the whole area would be $525.00, also that there was no money avail-
able for that job in the Sanitation Department.
During discussion, City Manager Holland assured the Council there
would be no other expense involved in getting said land ready for
sanitary land fik! use.
Mr. Saunders moved that the $525.00 be taken from the Contingency
Account for that purpose, ~he motion belngseConded by Mr. Barrow and
unanimously carried.
-10- 7-13-64
X. Mr. Saunders inquired about what progress had been made concern-
ing the Southpoint Shopping Center development, as it was his under-
standing that same was to have been started July first.
It was reported that the developer of said shopping center proper-
ty was in the process of getting some buildings removed from the
property.
X. Mr. Barrow inquired as to the status of the transaction with Mr.
De'Rice concerning the abandonment of a portion of Casuarina Road and
deeding to the City of some underwater lands in Blocks 136 and 144.
City Attorney Adams informed the Council that Mr. De Rice had been
in Delray Beach, but to his knowledge,had not contacted'any of the
DelraY Beach City officials regarding said transaction. Further, that
he would write to Mr. De Rice, if the Council desired, and ask if the
last proposal concerning said transaction was acceptable.
Mr. O. W, Woodard, Jr., commented as follows= "I accidentally ran
into Mr. De Rice the other evening in a restaurant and we discussed
that subject. I can't tell you anything official as to his final con-
clusion; however, I know as of about a week ago,his inclination was
that he was not going to accept the proposition. I think it is well
to ask him specifically what his decision, is on'that."
Mr. Barrow moved that the City Manager, with the assistance of the
City Attorney, be instructed to write to Mr~ De Rice and ask for an
answer on said proposed transaction. The motionwas seconded by Mr.
Saunders and unanimously carried.
10.a. City Clerk Worthing presented the following Bi11s for Approval:
General Fund $ 64,077.43
Water Fund - Operating Fund 96,577.45
Improvement Fund 29,356.00
Special Trust Account -
Delray Beach National Bank 125.00
The bills were unanimously ordered paid on motion by Mr. Barrow
and seconded by Mr. Saunders.
X. Vice-Mayor Croft announced that there would be a free Public
Con~ert given by the Palmer Singers at 8:30 P.M., Thursday, July 16th,
at the Community Center next to the City Hall. Further, this group
of about thirty singers are from Palm Beach County and are directed
by a well known voice instructor, Edward Palmer, and have been in-
vited to give a series of concerts at the New York World's Fair next
month; also, that three members of the group, Mrs. Charles Carrin and
Dr. and Mrs. Allan Foley, live in Delray Beach.
The meeting adjourned at 9:30 P.M., by order of vice-Mayor Croft.
R, D. WORTHING .
City Clerk
APPROVED:
/S/ J. LeRoy Croft . M A Y O R
-11- 7-13-64
450
4~o-A
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 & 15-4 OF THE CITY CODE.
CITY
~w~R ADDRE~S, P~0P~Z 0~Sq~IPT~O~ CODS
Julia LaVerne 422 - 21st Street S 50' of 15-3
McQueen West Palm Beach, N 262, of W 135' of 15-4
Florida Block 18
Gus & Lizzie General Delivery S 50' of 15-3
M. Trice Delray Beach, N 362' of W 135' of 15-4
Florida Block 18
Eddie Jenkins 2607 N. 18th N 50' of 15-3 &
Street S 250' of W 135' of 15-4
Philadelphia 32, Block 18
Pennsylvania
Lucile Campbell % S. J. Campbell N 50' of 15-3 &
Broward County S 200' of W 135' of 15-4
Sheriffts Dept. Block 18
Warrant Division
Ft. Lauderdale,
Florida
Submitted to the City Council by the City Manager,
this 13th day of July, 1964.
ORDI/~NCE NO. G-555.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAy BEACH, FLORIDA, AMENDIN~
CHAPTER 21 OF THE CODE OF ORDINANCES OF
THIS CITY PBRTAI~TING TO VARIOUS PLUMBING
CODE REOUIRBMBNTS, REPBALI-NG ALL ORDINANCES
IN CONFLICT~ PROVIDING A SAVINGS CLAUSE~
AND PROVIDING AN EFFECTIVE DATE.
NOW BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF
D~L~Ay BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 21-2 be and the same is hereby
amended to read as follows:
"Sec. 21-2. Board of plumbing commissioners~ created~
qualtfications~ term of office.
"There shall and is hereby created a board of plumbing
commissioners who aha11 serve without compensation for a term
of one year or until their successors are appointed. The board
shall be composed of seven members: the city physician, two
licensed master plumbers, two licensed journeyman plumbers, the
regularly appointed plumbing inspector and the city engineer.
All shall be appointed by the city council. Each member must
have his principal place of business located within the municipal
limits of Delray Beach. The present members of the plumbing
board shall hold their seats for the term of office for which
they were appointed."
Section 2. That Section 21-5 be and the same is here-
by amended by adding sub-section (d} to read as follows:
~"Sec. 21-5. License; required~ fee~ bond.
"(d} Every plumbing contractor granted a license under
the terms of this chapter, shall be required to maintain at
times, in an insurance company authorized to do business in the
State of Florida, employees liability insurance or workman's
compensation insurance, and public liability insurance with mini-
mum limits on each of not less than fifty thousand dollars for
one person and one hundred thousand dollars for more than one
person, in any one accident, and' public property damage insurance
with a minimum of not less than five thousand dollars for any
one accident.
"At the time application is made for exam/nation and
before a license can be issued, th· plumbing contractor shall
file with the tax collector a certificate as prescribed and pro-
vided by the city, signed' by a qualified, agent of the insurance
company stating that a policy or policies has been issued to
the licensee for: employees liab.iltty insurance, or workman's
compensation insurance, public liability insurance, and public
property damage insurance,, the ~dnimum limits of aach~ the
policy number or. numbers~ the name of the company, the e~fective
date of such poltcies~ the expiration date of such policies~
together With a statement and a copy of an endorsement placed
on such policy or policies requiring thirty days' written notice
by ~egistered mat1 to the tax collector if it becomes necessary
to cancel the policy or policies, for any reason.
page 2 - Ordinance No. G-§55
"In the event of a cancellation of a policy o~ poli- '
ties, of any contractor the license of such contractor shall auto-
matically be revoked. License may be reinstated by the tax col-
lector, when the licensee has furnished certificate of insurance
in compliance with this section."
Section3. That sub-section (d) of Section 21-12 be
and the same is hereby amended to read as follows=
'!Sec. 21-12. Miscellaneous regulations.
"(d) Sewers shall be of cast iron pipe and all joints
shall be caulked with oakum and lead. Whenany labor repairs are
to be made to terra cotta sewers connected wXth city sewer, such
repairs shall be made with cast iron replacement pipes."
Section 4. That Section 21-15 be and the same is here-
by amended to read as follows=
"Sec. 21-15. Sewers and drains~ size.
"The required sizes of sanitary building drains and
sanitary building sewers shall be determined on.the basis of
the total number of fixture units drained by the~ in accordance -
with the following table=
1/4 inch slope to Equivalent
1 ft.-Diameter in Number of
Fixture units= inches water Closets
i - 20 3 not more 1
21 - 120 4 2 - 20
121 - 300 5' 21 - 50
301 - 720 6 51 - 120
721 - 1080 8 121 - 180
1081 - 1920 10 181 ~ 320
Section 5. That sub-section Ih) of Section 21-18 be
and the same is hereby amended to read as follows=
"Sec. 21-18. Soil and waste pipe~ miscellaneous
provisions governing.
!~.~b). All soil ahd .waste'Xines.'must-be as~'direct as
possible, and shall have a proper fall to the sewer. Soil,
waste and vent stack shall extend at least one foot above the
highest opening in the main roof, All soil' stacks carried to
the second floor must be extended full size through' the roof.
.~acks shall be flashed with an approves flashing or with a
W~of collar of lead or copper, and then counter-flashed by a
sleeve caulked on the stack. All stacks must be Xeft'opsn at
the top. Provide a cleanout or test tee in the sewer .line
within the Zast three feet before entering the septic tank.
When connected to City Sewer provide a cleanout three feet
from building and every fifty-feet thereafter, and bring
cleanout and test tees to finish grade. Soil pipes .from house
to septic tank shall not be over ten (10) inches below finished
grade at septic tank."
4-50-D
Page 3 - Ordinance No. G-555.
Section 6. That Section 21-35 be and the same is
hereby amended by adding sub-section (j} tO read as follows=
"Sec. 21-35' Cold Water pipes; connecting power
with service pipe; used material~
installing heaters; gas heaters;
outlet sizes.
"(j) Each bathroom shall have a 3/4 inch minimum
cold water supply."
Section 7. That should any section or provisions of
this ordinance or any portion thereof, or any paragraph, sentence
or word be declared by a court of competent jUrisdiction to be in-
valid, such decision shall not affect the validity of the remain-
der hereof as a whole or any part hereof, other than the part de-
clared to be invalid.
Section 8. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 9. This ordinance shall become effective thirty
'days after passage on second and final reading.
PASSED and ADOPTED on second and final reading this
13th day of July, 1964.
VICE-MAYOR
ATTEST:
. /S/ ~..). WORTHING City Clerk
First Reading June 22,...196~ .
second Reading July 13, 1964
ORDINANCE NO. G-558.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN L~ND, NAMELY LOT 33, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO
XSTING MUNICIPAL LIMITS OF SAID CITY7 REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND7 PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND~ AND PROVIDING FOR TH~ ZONING THEREOF.
WHEREAS, BRENCO, INC. is the fee simple ow1~er of the prop-
erty hereinafter described, and
WHEREAS, the said BRENCO, INC., by its petition, has con-
sented aD~ given permission for the annexation of said property by
the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized 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 COUNCIL OF
TH~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ECTION !. 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 land, namely Lot 33, Lake Shore
Estates, per Plat Book 25, page 26, Public
Records of Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are here~y redefined so as to include therein the
above described tract of land and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECT~.0N ,3. That the tract of land heretnabove described
is hereby declared to be in Zoning District R-1AA, as defined by
existing ordinances of the City of Delray Beach, Florida.
S.EC~.ION 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.
SECT~ON..~$. 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 .portio~.
PASSED in regular session on the second and fins1 reading
on the 13th day of July , 1~$4.
/..S. ,/,,L~EROY CROFT
ATTEST: V I C E-M A"~ 0 It ....
. /s/~. ~. Wo~T~-N~
City Clerk
First Reading ..... Ju.ne .27:196~ . . Se.cond Reading July 13. 196h
45o-~
ORDINANCE NO. G-559.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OP DELRAY BEACH CERTAIN LAND LOCATED IN
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY~ REDEPIHING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OP SAID LAND~
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, HARRY M. RIEGLER is the fee simple owner of the
property hereinafter described, and
WHEREAS, said HARRY M. RIEGLER, by his petition, has con-
sented and given permission for the annexation of said p~operty by
the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized 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 COUNCIL OF
THE CITY .OF DELRAY BRACH, FLORIDA, AS FOLLOWS:
SE. CTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, 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 land in Section 21, Township
46 South, Range 43 East, Palm Beach coUnty,
Florida, described as follows~
The South 100 feet of that part of Lots 10
and 11, BloCk 1, Model Land Co.'s Subdivision
of Section 21, Township 46 South, Range 43
East lying East of the right-of-way of State
Road No. 5 a{}~dbetween the westerly extension
of the North~outh lines of Lot 27, Block 2,
Model Land Co. 's Subdivision of Section 21-46-43.
SECTIOI~ 2. 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 of the City of Delray Beach, Florida.
SECTIO~ }. That the tract of land hereinabove described
is hereby declared to be in Zoning District "C-2" as defined by ex-
isting ordinances of the City of Delray Beach, Florida.
S.ECTI.ON. 4. That the lands hereinabove described shall im-
mediately become sttbject 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 per-
sons residing thereon shall be deeme~ citizens of the City of Delray
Beach.
O8
~5o-~
Page 2. ORDINANCE NO. G-559.
,~ECTION 5~ That if any word, phrase, clause, senten~ 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.
PASSED in regular session on the'second and final reading
on the 13%h day of July, 1964.
V I O E- MA YO R
ATTEST:
/s/ R. D.
City Clerk
First Reading .June.
Second Reading July 13, 1964