02-25-63 FEBRUARY 25, 1963.
A regular meeting of the City Council of Delray Beach was held
in the Council Chalabers at 8~00 P.M., with Mayor Walter ~ietz in
the Chair, City Manager Robert J. Holland, City Attorney John Ross
Adams and Councilmen A1 C. Avery, Emory J. Barrow, George, Talbot,
Jr., and Oliver W, Woodard, Jr., being present.
1. An opening prayer was delivered by the Reverend Glen A. Hargrave.
2. The minutes of Feb=usry llth, 1963 regular meeting, were unani-
mously approved on motion by Mr. Woodard and seconded by Mr. Talbot.
3. Mrs. Albert V. Declercq, 138 N. E~ 1st A~enue, Mrs. Margaret
Skaehill, 137 North Swinton Avenue and Mr. Harry Brock, 161 North
Swinton Avenue, complained of the condition of the property located
at the southwest corner of the intersection of N. E. let Avenue and
2nd Street. Mayor Dietz was in agreement with the residents who
complained about the condition of said property, and asked that this
item be referred to the Beautification Committee and that said Com-
mittee report back to the Council as to why a condition of this kind
could exist right in the center of Delray Beach, further, that he
desired the newspapers to take a picture of said property.
City Manager Holland stated that he had talked with the owner of
the property in question who. had agreed to unload the house, taking
all of the eqUipment out of it, remove same to the street where the
city would remove it, and that the rest of the area wou~d be cleaned
up, same to be done this week.
Following lengthy discussion and comments, Mayor Dietz asked that
this item be placed on the agenda of the next Council meeting.
3. Mr. William N. Johnson, representing the Dover House Apartments
and Mrs. C. C. Lawson, informed the Council that Mr. &Mrs. Lawson
have been guests of the Dover House for the Past nine years and that
Mrs. Lawson is a partial invalid. Further, that for the last four
years, excluding last winter, Fred's Beach Service has placed a
cabana on the top of the hill as Mrs. Lawson is not able to go down
into the sand, and that Fred's Beach Service has now been ordered to
remove the cabana from that location. Mr. Johnson requested spec!al
permission for Mrs. Lawson, for the cabana to be placed in its usual
place for her use and that he would ask Fred's Beach Service to set'
the cabana up only for the hours that Mrs. Lawson .would .be using same.
Following comments, Mr. Avery moved that said special permission
be given for Mrs. C. C. Lawson during her residency here, but that
any similar request, so that this would not set off a chain reaction, '
would have to .be cleared and checked out by the Council to see that
it was legitimate request. Mayor Diet~ asked Mr. Avery if he would
include in his motion that said requests should come throughthe
Chief of Police, to which Mr. Avery r, eplied that he would like for
each request to come before the Council. The motion was seconded by
Mr. Barrow.
Mr. Johnson informed the Council that he would see that the cabana~''
was not placed in the same spot each day ~n order that it would not
injure the grass.
City Attorney Adams stated that he felt the Council could make an
exception in th® concession that is granted to Fred's Beach Service.
Following further d~scussion, the motion carried unanimously.
3. Mrs. Robert LaPiner, 219 North Seacrest Circle, compkained about
the city water being brown instead of clear, and asked if something
could be done about that situation.
Mr. Avery informed Mrs. LaPiner that the Council is planning to
have a special meeting concerning the water prob~s, and that a
note will be made of her complaint so that it w!~ ~eceive consider-
ation at said meeting. Mr. Avery reqUested that MrS. LaPiner be
notified of said special meeting in order that she may be present..
2-25-63
Mayor Dietz asked Mrs. LaPiner to return to the Council in a
couple of months and let them know whether or not the condition of
the water had been improved~
4. Mr. Barrow read the following Beautification Committee Minutes of
February 21, 1963.
"Members present were: Messrs. Merrit, Cartee, Lsnkton, Barrow
and TOth0 and Mrs. Peg Bowen and guest EliZabeth Lamb.
"Aqmotion was made by Mr. Lankton and seconded by Mrs. Bowen
that Mr. Merritt and Mrs. Little, whose terms on the Commit*ee
have expired° be reappointed for a two-year period. Motion
carried unanimously. (Council action. )
"On motion by Mr. Lsnkton and seconded by Mrs. Bowen the Com-
mittee voted unanimously to appoint Mr. Gebrge 'Warren as an
advisory member of the Committee. Motion carried Unanimously."
Mr. Barrow moved for the reappointme~,~' f~r a two yea~ period, of
Mr. LeRoy Mer~itt and MrS~. Gl~dys~ Lit~e', t~' ~he' ~e~utlf~cation
Comm'{ttee. The motion was second.ed .~Y~Mr. WO~dard a~"~carried unani-
mously.
X. Mayor Dietz ~nformed the Council t~lat hp~.~.:~ce~%ed a communi-
cation from the Building Code Appea~l,l~o0rd s~at~ng ~.~:ha~ ~he terms of
Char-les-:'T~th, "Architect, and Ju.~ia'~ ~.e~.:it~s. ~e~b~'r a~: r~arge, h'~d ex'.
Pi=e~', :aha 'that ~:~e ~Chaiz~an ~a' Other ~e~'S' O~f said' Board have re-
commende~ 'that these two individuals be =~pointed f~= 'a four year
term, it being so moved by Mr. Avery. The motion ~as seconded by Mr.
:Barrow and. carried ~unanimously.
4.a. A roll call showed that the, ~following Civic Organizations and
representatives were 'in' ,attendance.
Chamber of' CommerCe Mr. Kenneth Ellingsworth
Board of Realtors Miss Marie B~ Hough
Planning Board Col. Andrew L. Fabens
League of Women Voters Mrs. Frank Carey
5~' Mr.-Avery ~ated: "Mr. Mayor, I have s°~e~hing uader publi_c_~,re-
leases a~d ~ request that this be presented in the.minu..4~e.'~ ye~.~atlm
so that the"Commissioners will have a chance tO reV~e~' it and '~ake
acti,0n '"a~ --the :. next meeting.
'-"Mr: Mayor; 'Gentlemen of 'the"COuncil, Ladies and Ge~%l~men.-
"I believe that the time has come to clear t~e ai~ on several
matters which-seem to have been presented '~6 ~.~he p~blic,' !in a very
u~nfair way ai{d caused considerable confu'~'ion ~.~nd re'~istan~e on the
part o'f the citizenS, of not only here in our own t~wD~~', bu~ in the
adj'~.~e~t c6mmun~ties.
"i believe that a Statement Of policy.and a~ outli,.ne o,f..~le Ob-
ject~Ves'which this CoUncil ia' '{nt~Sted'in, should ~e ma~e at ~hls
time, so that everyone wi,ll kn?w what .we are trying to do. i ~herefore,
I. submit, ~n great .hmm~l~ty, ~e fo:il°wing objectives, ~o which this
CoUncil 'shOuld' .g~_' e' i.ts ~mmediate a~tent!on and refrain. 'f:rom. the wool
gathering and publicity seeking outbursts which have occurred from
t~me- to ,t~me s~nce January lst..
".~I-would put first, on~ this agenda, the matter o~"the 'reserve
lines' whY'ch have caused 'so' 'much comment' and so much m£sinformation.
"It is the duty of this Council and all succeeding Councils after
us, to consider the ultimate' size and outlines of the' City of Delray
Beach, determined no~' in a vision of one year, t~w0 ,years or any spe-
cific period Of time, but on the basiS" of what ul~imate%y. WO~ld be,
the orderly, logical and ProPe~"expansion' potential. Of course, in
setting Up any policy concerni~lg' the re~erve, tides, the City .must
take -into" considera%ion and bow to the desireS;'0~ 't'ts adjacent neigh-
bors, and this Co~hcii at'no time, has by word or deed justified the
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impression that we were trying, to force upon our neighbOrs the ser-
vices of this City, nor that we were trYin~ to force upon unwilling
neighbors, the imposition of the authority of the City, of Delray
Beach. .We are merely establishing the fact that if Delray is to
grow, it is. to grow along certain proper and logical boundaries.
Further., that if adjacent communities desire to become a part of
this boundary and on1¥ if they desire to join the City of De!ray,
would they be eligible, .provided ~hey come within th~ purview of
the'lines, so established, through proper legal action. T~.~ ~act
that Delray would establish this method of setting up a po~ial
growth, does not in any way deny those who do not want to ~oin, the
right to do as they. please, within the Legislative provisiOns, of
this state. So let's have no.more of this discussion and let,s clear
the air, in so far as our neighbors are concerned, and let'S say to
them, 'If yo~ wish to, come, you are welcome, within the objectives
which we have established by. these reserve lines~ If you ~ not wish
to come, you may do as you please, so long as you.do not infringe
upon the privileges which are only possible, in so far as this Council
is concerned to duly constituted citizens of Delray.'
"Secondly, I would place on our agenda, the matter of the economic
problems ~nvolving some of our permanent residents. We have seen
the periods of ]ull after each season of tourism. This has been
rather sad, and in many cases has created hardships upon those who
have come to Delray, or who have been born and raised in Delray~ and
who have lived here in good faith, thinking as in all American cities,
to at least get on with the problems of living on a modest and normal
American level. ·
"The Commission should, therefore, give its attention to the
following considerations.
"A. Take steps by advertising the image of the ~ity of Delray,
throughout the country, so as to encourage a larger share of tourism
to come here and stay here with the consequent increase of the pur-
chasing power, which they would brin~.
"B. Many of our streets, particularly those passing through the
west of town are simply impossible and are not attractive. They
should be all paved and the very entrance to our city should be made
so attractive, that people would want to stay here. Therefore~ I
propose that the matter of paving streets, go forth st a rapid rate
or at least as fast as. the economics of the situation will permit,
by building street to street, both in the colored and white areas.
"C. I would next place on our agenda, consideration Of enter~
tainment centers, both in colored and white areas, by making these
efforts not only .an improvement on delapidated and broken down facili-
ties, presently available and which do not encourage the tourists to
come, or at least to stay and play here~ but also to improve them
in such a way, that the people in .both areas, would have a Center of
a.ctivity worthy of a South Florida municipality. Next I believe.that
we should give great attention thru our newly formed City promotion
management to the end that, acceptable business projects would be en-
couraged to settle here with the attentive increase in employment.
Following this, I would encourage enterprise and buildin~among our
own citizenry. This would require, that our codes be carefully scru-
tinized, to see that we have not unnecessarily placed stumbling blocks
in the way of progress, by embarrassing and burdensome provisions,
which are the results of capriciOus thinking of many individuals, who
would like to maintain the status-quo forever. America was not built
that way, and certain1¥ Delray Beach will not survive by such~a con-
tinued policy.
"The question of light industrial new. commerce, has many times
been discussed, and of course every city would like to select exactly
the type of industria~_'venture, which they could absorb. However, we
should reevaluate this. policy and see if we have not been, just a
little bit too selective~ like ~he old.maid who was always looking
for the perfect husband and wound up with none.
-3- 2-25'63
"Further, there is the matter of the sewer project. This in
self, is a great under-tak~..ng for the City and at least we have been
blessed with the proper authority to proceed. It' is my firm opinion,
that the City Manager should render regular reports of progress to
this Council and that the coordination of this ~roject should come
under the jurisdiction of the City Manager~ who, at his descretion,
and the City Engineer, could employ a qualified Coordinator for that
purpose if necessary. This mi'sunderstood talk of the creation of a
new job should cease and be buried in earnest work in getting the
sewer project un, er way. properly within the provisions of our own
Charter, and the organization' which'that Charter at present amply
proviZ, es.
"In. short Gentlemen, I say"Iet's stop arguing, the seeking of pub-
licfty, on'the part of individuals, the confusion of issues and prob-
lems WhiCh are non existent at the moment and let us get down to work
and leave the wool gathering, to those who ~have nothing to do, but to
contemplate, reite~ate and negate. With a '~'~pital N.
"This is'a statement of my p~rsonal poliCy. I hope that' the Council
will 'adopt it as a policy of' the~-City for the coming year. Thank you.
5. City Clerk Worthing read the following letter from Mr. C. J.
Leister of 222 N. E. 12th Street, Delray Beach, 'to Mayor Di~tz.
"May I offer suggestions as follows= I.n~ct poli,ce officers
(or remind the~) when they are ~atrol~ng~ to remove from streets,
articles of debris, which so often fall from truck~ hauling limbs
of t~es, cut shrubbery and rubbish.
"Rightfully, drivers of such trucks should be f~.d or r~primanded
bUt i~ the absence of identifying the of~nde~.~~ c~ity employees
should be duty bound to pick up such ma~t.,~.,.r, rathe~_~..han allow
following Vehicles to increase driving hazards for h~rs there-
after.
"Dur£ng 'mY daily walks, I have often observed the ~P~illage from
trucks and have noted that no effort is 'made to remove same,
either by the truck driv~ or police officers who invariably
~llow somewhat close behind."
5. The ~City clerk read' the following letter from the Carver Scholar-
ship Fund, to the Mayor and City C0~nci~] date4'.?ebruary 25th.
"iThis month marks the Tenth' AnD.~v~sary~.f the' C~rver .Sch°larship
~und.~ ~ the hel~ Rf this ~ 'fo~ine ~ung st~den~ have
should be cong~.k~d on ~e 'SPi~ 0f ~erstandl~g _and good
"~ :~,"no organized fu,d-rai~ lng .~'~?paign for this ~gject.
.' SchOiarship FUnd` .d.~e!)ends ~g~"~h,~.~ = i,~est a~d enth~siaSm~
~ The Boy,toil Bea.~ ~!tY C~g~.ii_~ [~es' ~0 annualiY to th~' ~Und;
~ted ,b~ ~charter from giving t
privaee causes ~as se~. !~e~ ~s to' ~J~' ciVi'~ o~an'izations
"~that will ~n~ri~Ute to '{he ~i~ ;re of ~ entire
"since this plan originated in Delray Beach] ~e hope that our
City Council members will lend their suppor[ to ~e Carver
Scholarship ~nd by exertin9 ~eir influence in ~ivic organi-
zations and in the comunity.
"Your efforts will not ,~y enable young citiz~?~o find
better life through e~on, ,. bUt it ~i,ll a'l~O ~1~ a
Delray :Beach '~hr°ugh g~wil1, co~p. eration and ~derS~n~ing-
And that, we think, is-~ onl~ way in which We can solv~e
problems of our troubled' world."
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5. The City Clerk read the following letter f~om ~myor. Arthur Eypel
of the Town Of Highland Beach, d~'ted ~ebruarY'18, 1963.
"Enclosed is Town check in the amount of $!, 158,30 for water
which you sUpplie~ this Town during the emergency when we had
to replace our.water transmission ma~n between the' F.I.N.D.
Canal. and State Road AIA,
"Our meters were read on December 1, 1962 and again on
January 5, 1963 and a tabulation of those ~eadings shows
an average of 117 thousand gallons per day, which at 30¢
per thousand gallons amounts to $35.10 per day.
"We used your water from 8 a.m. on December 3rd to 8 a.m.
on January 5th which represents a period of 33 days.
£
"Again we thank you for your very kind cooper~tion'dur~~
this emergency. The service rendered by you and our sense
of appreciation of it is out of all proportion to the
relatively small amount of money involved and we hope that
some time we may be able to reciprocatet"
5.a. Mr. Avery reminded the Council of the invitation, at the last
Council meeting, to assist in instituting a Chapter of the American
Field Service for an exchange student program at the Seacrest High
School. Mr. Avery informed the Council that he~ had attended two
meetings concerning said Chapter and that approval has already been
received for a foreign student for Seacrest High School for next year.
Mr..A~ery explained that said Chapter is made up prin~ipally of
citizens of Boca Raton0 Delray Beach and Boynton Beach,and that they
are in need of a place to hold their meetings, and the request is
being ma~e tha~ ~he Council give permission for the meetings to be
held in the Council Chambers, possibl~ ~or..noon meetings from 12.=00
to 1:00 P.M.
Mr. Aver~ then moved that the City Manager be instructed','to allow
said organization to hold their Chapter ~eetings in the Council
Chambers at any time that it will not conflict with cit~, functions.
During discussion ~t was mentioned that this would only be.a monthly
meeting with possibly an ocCasionai' special meeting. The motion was
seconded by Mr. Talbot and carried unanimously.
5.a. Mr.. Woodard informed the Council that the AmeriCan Legion ha~
contacted him a few days ago concerning the inadequate facilities at
the Little League Ball Park, and wondered if it would be possible for
the City to grade the Southwest corner of the area available to the
Little League Ball Park so that area could be used for a practic~
field. Further, that he had been informed that the city does not
have a grader available for such work at the present time, but that
the recently purchased grader would be available in the near future.
Mr. Woodard then moved that the City Admin~stration cooperate with
Mr. Don Hazard Of the American Legion to see what can be worked out
in grading said location for the American Legion. The motion was
seconded by Mr. Avery. City Manager Holland agreed to the.procedure
and the motion carried unanimously.
5.a. Mr. Woodard commented on the very fast rate of speed of freight
trains going through Delray Beach around noon, and wondered if it
wo~ld be appropriate to ask that these trains observe a reasonable
speed limit.
City Manager Holland said that he w~uld not approve of the trains
going at a lower, rate of speed through town as it would hold up the
traffic for~too long a period of time.
Mrs. Catherine Strong informed the Council that there.had been a
study made several years ago concerning the speed of trains and that
it had been prOven that there were fewer accidents when the trains
traveled at a fast rate of speed.
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Mr. Avery mentioned a study that was ma~e last year, and that it
was a matter of' fact that there is an increase in accidents with the
slow~ng down o= trainS, that such facts were given from an inpartial
survey.
5.a'. Mayor Dietz stated that he had recently asked the City Manager
to take care of three items at the City park. Further, that he was
happy that two of the it~,s, the merry-go-round and the animals, had
been taken care of, but the apparatus that requires four cables had
not been repaired. Mayor Dietz asked the City Manager if he had a
report on that item, and City Manager Holland informed the Mayor that
it would betaken care of.
5.a. Mayor Dietz asked ConcerNing the status of Venetian Drive, as -
it had been suggested that said street be "One-Way" South.
City Manager Holland reported that said suggestion had been dis-
cussed with Safety Engineer JoyaI'and Safety Officer Martin, and it
had been decided that making .said street "One-Way" wo~ld not be ad-
visable. That said area is being surveyed~and traffi~ counts are
being made, but that he is not ~n favor of making sai~ s~ree~ "One-
way"
5.a. Mayor Dietz commented as follows= "I do want to remind the
Council that we must not get into a mood of spending money. I think
the City Manager, r~ght now, should strive for a budget of not over
12 mills for operating and 1% mills for debt service. There is no
moneya~ailable for a new police building or a new jail, if we are
gbin~ to hold the line on ~he taxes which I am '.going to fight awfully
hard 'f0~~. NOW, we still h~e $70,000.00 to pay o~%hat sewer from
th~s Cbming budget. We have enough moneys that will come in' out of
the increased normal increase in ratables, so that there is no reason
why we cannot take care Of the police department or fire department,
or w~atever we have, by Way Of necessary emPl0yees..'- But there has
'been too much talk on ~he outside about ~ n~w pdlice buf~ing and a
new j,ail and ! just thou~ht'it ~ime ,tO r~n~ the' Co'Until now, ih all
our thinking, now is the time to set up th~ budget for'September, and
we should think in terms of the sa~e millage for next year as we had
this ear, and you know that under the same millage if we have the
Same ~creaSe i~'ratabIeS w~'~f11 hav~ about .i~50~00'0.00 m°re .income
anYhow, so that I see 'no reason 'for th~s exci~emeht to spend mo,~y.
We still have a Year in which we've got .to tighten our belts and take
c~re of $70°000.00. Now, ff w~ are going. to' have a~new b~i~g, a
police building, .a new jail or a new anything else, I think that
should be'planned for. Say, lfive years ahead 'or so, and then each
year we' should set aside' o~ififth Of the cost, and at the end of the
fifth year ~ou have got the money th~e'and you can do whatever you
want to' do. But I hear 'too'~uch 6~ ~ outsi~e.' I~ .~eems Iike they'
are ail trial ba.ll:oo~s, and having beene salesman'~Yaelf, I thought
I might better bring up the 'thought now that w~ d0~'t want to spe~d
.too much money."
It was m6ntioned that the item of new jail facilities had been
referZed to the Planning Board for a comprehensive report from them.
6.a. Concer~ing[posaible .truck routing within the Cfty,'~Ci~Y Manager
HOlland informed the council that he had interviewed forty-foUr semi-
tra£1er trucks that had been traveling on Atlahtic Avenue, That
q~i'%e"a few of t~ese trucks were making local deliveries, others were
going to the iee plant, and that it would be ve~d£fficul~ to keep
many of the trucks, that are making delive~ies in toWn,. of~ of Atlantic
Avenue, further, that the-City has no aut~ity to tell these truckers
which roU~e to go, but signs could be infO,led asking them to use
certain Streets.. City Manager Holland further mentioned that to keep
trucks off of Atlantic Avenue, they =~ld be rguted South on s. w. 20th
Avenue and East on 10th S~reet, but {~at a ~-'s~r'~et would need to be put
in for that purpose, fur~th~, tha{ ~Ost t~.~era endeavor to keep. out
o~~ ~e traffic on Atla~{iC Aven~e wheneve~ ~sible.
~6- 2-25-63
Mayor Dietz said Shat he was interested in e report of the possi-
bility of a truck'route on 10th Street connecting up with S. W. 20th
Avenue and Delray West Road, and that a road would' have tW"be built
for that purpose. F011owing further discussion, Mayor Dietz asked
that a comprehensive report be prepared on s~iid proposed truck, route
and presented to the council~ alSo'What the~o~t involved W°uld be.
6.b. ~oncerning plans for improvement of the Del~ay Beach Cemetery,
Mrs. Catherine E. Strong, representing the Evening Gar.den ~l~b~ in-
formed ,the Council that. 'they had. now ~ece~ved th~, ~comP.feted p~pns
for building of the foUntain at 'the' ~emetery and' requested ~hat said
club be allowed to work through the City Manager. That the c~ub will
award the contract for fount&in installation this week to th~ low
bidder for a cost of $888.00 but that there are so~e detaii~h'at
will have to be worked out, and theY'desire to work with the con-
tractor through the City Manager in having the correut locap~on de-
signated.
Mr,.Avery m~ed that the City Manager beinstruuted'to fUrnish
any.city perso~el necessary to expedite this~ ma~ter, the motion
being seconded by Mr. Barrow.
Mrs. Strong informed the Council that there would have to be a
line run for water, and also power, and it would, be appreciated if
the City could help with those. Mrs. Strong also asked that the
charge for the building permit be abated as the fountain is being
built on city property.
Mr. Aver~ and Mr. Barrow withdrew their motion.and second.
There was discussion concerning the cost of the water !ine and
power line installation to this location and ~ity Manager.Holland
informed the CoUncil that the water line could be taken care of and
would be no pr°blem.
Mr. Avery then moved that the City Manager be instrvcted to furnish
city forces to help expedite this matter, run the water to the foun-
tain, and that the cost of .the building permit be waived, the motion
being seconded byMr. Barrow, and unanimously carried.
Mrs. Strong informed the council that Architect Robert Biake had
donated.his services to their club.
6.c. Concerning extent of fire department coverage, Mr-. Woodard
commented as follows= "I don't believe that I'need to reiterate many
of the things that Mr. Avery has previously covered this evening re-
garding our policyin adjacent areas as to not forcing any individu-
~ls to come into the city who do not desire to.come into the city,
and who do not desire to take advantage of city services. There is
another question, however, which came to my attention a'few ~ays ago,
that being individuals requesting these same city services free of
charge. When it came to my attention I felt it was important enough
to request a review of our policy concerning this. It is my under-
standing that our policy has been, the policy that we have been oper-
ating under, has been to extend city fire protection, and I think
perhaps city police protection, to adjacent county areas and while I
am heartily in favor of cooperation and I am heartily in favor of
continuing to cooperate with our adjacent municipalities I do feel
that these unincorpor~ted areas that. are near to our city limits,
little pockets which in many cases are surrounded on two, three and
four sides, if they do wish to take advantage of these city services,
should pay for the Services just as the citizens of Delray Beach pay
for these services. I feel that when .it comes to city fire protec-
tion, city police protection or any other city service, the only way
to obtain these services ~is to come into the city, become a part of
the city, pay your~city taxes, pay. your fair share of the expense of
providing ~hese services and that we. should make it known to these
people that if they want the service they should come in and pay for
the service. I have requested that this item be put .on the agenda.
~I feel that"it is about time that the residents Of the City of Delray
Beach have soma protection and have the benefit of the services that
they pay ~or~ so I would like to~m0ve, as a matter of clarification
-7- 2-25-63
of our policy, ~hat the city fire department extend their services
only to those areas wi~hi~ the corporate limits of the City of Delray
Beach and 'that they continue to cooperate with our adjacent munici-
palities'as the Fire Chief. seems to indicate that such cooperation is
beneficial to all concerned."
Mr. Talbot said that in seconding Mr. woodard's motion he would
like to include the police department in it also. Mr'. Woodard said
that he would amend his motion to include both fire and police de-
partments.
Mr. Barrow sta~ed tha~ several years ago the policy was_ set up
where the police and fire departments were not to go out of the city
and that water would not be extended outside the city, and if such
policy had been changed he WOuld like tO know when and why~
Following some discussion and comments concerning the city policy
in this regard, Fire Chief Gregory informed the Council that it had
been their poIicY to not go out of the city limits except through
mutual aid. That this policy had been set, possibly in 1955, and it
was agreed to give mutual aid to Boca Raton and Boynton Beach, further,
that since that time the Del Trail Volunteer Fire Department had de-
veloped, and that'the department had tried to cooperate with them as
they had taken a load off of the city so far as criticism, when fires
break out in the county and no one would take care of them, and that
the Del Trail Fire Department had helped at various times on brush
fires within the city Limits.
Chief Gregory stated that the fire on February 15th, tha~ had
caused ~this discussion, was located at 750 N. W. 7th Street. That
hehad instructed the firemen, when in doubt of th~ city limit line,
to go ahead~gd put a fire out, further, that N. W. 7th Street is in
the city unt~l it gets to 4th Avenue and is back in the city at 8th
Avenue. Also, that When they have been called to and arrive at a
fire that is a borderline case, they go ahead and put it out.
During~discussion it'wa~ m~ntioned that this should not'be acted
uponhastilY,, but StUdied, and with the 9°ssibility ~f rates for
those people Iiving out of the city. It was also brought out that
there should be current maps ~n both the fire and polic~' departments
showing the city limit lines.
Mayor Dietz called attention to s memorandum that he had requested
from'the Finance Director showing the cost per call by the fire de-
partment.for the fiscal .year ending September .30, 1962 at $780.00.
MaYOr Dietz stated that h~ agreed with Fire chief ~r~g~ry, that
you don't stand by and see peoples houses burn down, but that that
person has a.responsibility also, and that he feels this city has a
legal right to state its position that it has s fire department, and
that its.fire degartment is. for the p~otection of its own people only,
however, if called upon and reqUested~'that ~hey would put out a fire
but that would cost him $780.00. Ma~or Dietz asked City Attorney
Adams if such notification of the city's position was posted, and
that an outsider requested such serV~ice, could the city collect such
charge?
City Attorney Adams said that he didn't know !~ ~his.would be re-
ferred to a committee, but that there were other things involved be-.
fore he could answer the qu_e~s~ion. That he thinks the fire rating
in Delray Beach is based~D the fact that they just put out fires in
the City an~'with mUtual k~ciprocalpacts,' and that if such was per-
mitted that the rates would he increased thr0~gh~ut Delray Beach.
Fol!owing lengthy discussion, Mr.'Wo0dardstate~ that his motion,
in effe~, was tha~ if this is already city P01icy it ~s a reiter-
ation of city pol~ if it has"not been ~ity policy-in'th~ past that
it become cit~p~%~at ~ 'city fire' and p°liCe p=ot~ction be ex-
tended to thoe9 within the Corporate limits O~ the City of De~ray
Beach and in such ways as the chiefs of the fire and police depart-
ments feel tha~ it is mutuaiiYben~ficial with'6ur adjacent munici-
palities,/ Mr..Woodard stated, that he had purposeiY left out the
~el Tra~l Fire~ Department .a~nd Stated his'reaeon ~or same.
Mt. AVery said. that he w~u~d 'abstain from voting, on the. matter,
that he thinks the ~=ity ~tt6~e~ ~as ~very ~o0d ~o~ and'he would
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not want ti j~apordize ~he fire rates i~ Delray'Beach, ~Owever, that
he thinks it is hasty to set a definite'~olicy, without complete 'con-
sideration.
It was pointed out that all th~'COU~cil is doing is to reiterate
that they do have a policy, and 'that policy is to on~y. serv~ the
people of-Delray Beach and with mutual aid to the adjacent mnnici-
palities.
Mayor Dietz stated that in voting on the motion that he is voting
for a reiteration of the policy that is now in Delray B~ach.
Upom call of roll, M~. Barrow, Mayor Dietz, Mr. Talbot and~Mr..
W°odard voted in favor of the motion and Mr. Avery abstained from
voting.
6.d. City Clerk Worthxng stated that relative to the proposed BILLS
providing for certain Charter changes which were recently s~%mitted
t9 the Legislative Clinic, au~horization is requested for the City
Clerk to be directed to provide for a Public Hearing on said BILLS
prior to them being presented to the'LegislatUre, and such hearing,
in compliance with Section 191 of the City Charter, should be held by
Council at 'its'next r~gular meeting in order that other legal require-
ments may be met concerning presentation of final BILLS tS the Legis-
lature.
Mr. Talbot moved that the City Clerk be directed to publish cer,
tain notices concerning the BILLS that ~ere r~nt~Y Submitted to the
Legislative Clinic. The motiOn was seconded byMr. Barrow and
carried unanimously.
6.e. Concerning the desire of widening West'Atlantic Avenue and
Delray West-Road for 'County Highway Improvement.~ City Cl~=~k'worthing
reported that the Sunshine Broadcasting Company, owner of Lot i in
Golfview Estates, from whom a dedication of the North 15 feet thereof
had been requested, have declined, through their attorneys, to grant
.such requestbelieving a hardship would'be created thereby, Further,
that the Radio Station activi~y, operated by said Sunshine Broadcast-
ing Company-is non-conforming, said lands being in R-1AA zoned Dis-
trict, and they feel a zoning change should be effected. That it is,
however, recommended that this matter be referred to .the Pla~in~/
Zoning Board for possible consideration of Permissive Use Expansion
as. pertains to the Radio Station on the adjoining parcel o.f land im-
mediately E~st of Lot I and to incorporate said Lot 1, as it is_be-
lieved such consideration will assure the dedication of the desired
right-of-way.
Followin~ discussion, Mr. Avery moved that?his item be referred
to the Planning/Zoning Boar~. The motion was seconded by M=. Woodard
and carried unanimously.
7.~. City Clerk Worthing informedl..the Council that a petition had
been received for rezoning of aparce! of land lying between the
E-4 Lake Worth Drainage Canal and S. W. 20th Avenue, wit~ frontage
of 899.55 feet on the south side of Delray West Road (State Road 806)
extending southward ~58.52 feet, and comprising 9-.03 acres, from R-2
(One and Two Family Dwelling District and R-1AA (Single Family Dwell-
ing District) to C-3 (Wholesale and Light Industrial District), and
that in compliance with Code of Ordinance provisions, Council may
deny said petition or refer same 'to the Planning/Zoning Board for a
public hearing thereon and their consideration and recommendation.
Mr. Avery moved that' ~his petition be referred to the Planning/
Zoning Board, the motion being seconded by Mr. Talbot and unanimously
carried.
7.b. City Clerk Worthing reporte~ that a copy of a Petition, signed
by many property owners, requesting Co.unci~ consideration for provid-
ing parking facAlities, between the Northbound Federal Highway and the
Intracoastal Waterway was forwarded to each Council member. At the
last Council meeting on February llth, a similar request was referred
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to the Planning Board for its study and recommendation. The Planning
Board 'met on last Friday and deferre~ action on this matter until
further study of the need a~nd a possible solution could .be ~etermined.
That it is tl%erefore recommended that this Petition also be referred
to the Planning Board to be recognized in conjunction with the
original referral by Council of February 11th, it being so moved by
Mr... Woodard. Mr. Avery seconded the motion and asked that the in-
dividuals signing said petition be notified by the Planning/Zoning
Board so that th~ey may appear at the hearing that is held. Mr.
Woodard accepted said condition and upon call of roll, the.motion
carried unanimously.
8.a. There being no objections to Resolution No. 1434, on which
~there is a public hearing scheduled for this time on the proposed
improvement of that part. of Northwest 10th Avenue lying between
Atlantic Avenue and N. W. 2nd Street, City Clerk Worthing read
RESOLUTION NO. 1438.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER
TO PROCEED WITH THE OPENING, GRADING AND PAVING OF
THAT PART OF NORTHWEST TENTH AVENUE LYING BETWEEN
ATLANTIC AVENUE AND NORTHWEST SECOND STREET.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did on the llth day of February, 1963, by Resolrtion No. 1434, de-
termine to p~oceed with the opening, grading and paving of that part
of Northwest Tenth Avenue lying between.Atlantic Avenue~ amd Northwest
Second Street to a width of twenty-four..~24) feet.
WHEREAS,. the Resolution providing therefor has been duly~ published
as required by _the.City Charter, together with a notice that objec-
tions to said improvement would be he&rd, and
WHEREAS, no sufficient objections have been made to such proposed
improvement.
~OW, THEREFORE, BE IT RESOLVED by the City Council of the City of
'.~ray ~Beach, Florida, that the City Manager be and he is hereby in-
%~.r~cted to proceed with the opening, grading and'pavi~g of that part
of Northwest Tenth Avenue lying between Atlantic Avenue and Northwest
Second Street to a width of twenty-four (24) feet according to the
plans and specifications heretofore filed with the City Clerk, and a
copy thereof filed in the office of the City Manager and kept open
for the inspection of the public.
Passed in regular session on this the 25th day of February, 1963.
Resolution No. 1438 was .unanimously passed on motion by ~Mr.
Woodard and seconded by Mr. Avery.
8.b. City Clerk Worthing read RESOLUT~ON NO. 1439.
a ~-SOLU~ON OF ~. C~T~Y COUNCI'-i0~ ~ ~TY O~
DELRAY BEACH, FLORIDA, ¢OMME~ ~N FERGUSON
FOR AN EDITORIAL ARTICLE APP~, ~N :~ CHICAGO
SUNDAY TRIBUNE ON THE 27th DAY OF JANUARY, 1963.
WHEREAS, the City Council of the City of Delray Beach, Florida,
has received innumerable favorable responses to an archi_cie entitled
~".~ray Beach -Gay, Reatrai~ Oasis in Florida.", wh&ch ,was authored
.~ Ke~ ~rguson and appeared ~.n the Chics.go Sunday Tribune on the 27th
day of January, 1963; and
-10- ~-~25-63
·
WHEREAS, it is"the feeling of the City Council {hat he has por-
trayed the ~life in this Community with a degree qf accuracy never
heretofore accomplished7 and
WHEREAS, the City Council on behalf of the citiZen~ 0~ ~ City
of Delray Beach, Florida, being desirous that his effort be recog-
nized, acclaimed and permanently recorded;
NOW, THEREFORE, BE IT RESOLVED BY THE-CITYCOt~CIL OF ~T~ CITY OF
DELRAY BEACH:
In deep appreciation of the outstanding effort on the part of
Ken Perguson in characterizing this Community in the aforesaid edi-
torial in which he demonstrated extraordinary perception ~d~ability,
the City Council hereby commends a valuable contribution to the
general welfare of the City.of'DelrayBeach.
Unanimously adopted this 25th day of February, 1963.
Resolution No. 1439 was unanimously passed On motion by Mr.
Talbot and seconded by Mr. Woodard.
8.c. The City Clerk read RESOLUTION NO. 1440.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BF~.CH, FLORIDA, EXPRESSING APPRECIATION-
FROM THE CITIZENS OF THIS COMMUNITY TO THE TRAVEL
EDITOR 'OF T~E CHICAGO TRIBUNE NEWSPAPER FOR AN
EDITORIAL ARTICLE APPEARING IN TEAT NEWSPAPER ON
THE 27th DAY OF JANUARY, 1963.
WHEREAS, the Travel Editor of the Chicago Tribu~e Newspaper
caused' an editorial article entitled, "Delray Beach-- 'Gay, Restrained
Oasis in Florida" to be published in the Sunday edition of that news-
paper on the 27th day of January, 1963; and
WHEREAS, the City Council of the City of Delray Beach feels that
the article very accurately portrays the variety of.attractions which
this Community offers to winter residents and tourists; and
WHEREAS, the City is presently enjoying a remarkable winter season,
,due in part to the many favorable responses received form the afore-
said article;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITYOF
DELRAY BEACH:
In deep appreciation for the publication of "Delray Beach - Gay,
Restrained Oasis in Florida" the City Council, on behalf of the
· citizens of this Community, hereby expresses its gratitude to Kermit
Holt, Travel Editor, and the staff of the Travel'Section of the
Chicago Sunday Tribune.
Unanimously adopted this 25th day of February, lg63.
Resolution No.~ 1440 Was unanimously passed'on motion by Mr.
Talbot and seconded by Mr; Avery.
8.d. Mayor Dietz announced that the Council had been invited to
attend a Planning Board meeting to be held 'at 8:00 P.M. on Monday,
March 4th at the City Hall.
Mr. Woodard then moved that Ordinance No. G-448be tabled. The
motion was seconded by Mr. Talbot and darried unanimously[
10. The City Clerk presented the following memorandum to the Council
from Building Inspector Ralph A. Hughson.
-1~- 2-25-63
"Re= Roy Calamia's Sherwood Park property. Request for
permission to erect a bill-boar~ type of sign, 10" x 40',
on hie own property. Although it is in vio~ation of the
d'~velopers sign ordinance, the Council can gr&~ special
permission to erect such a sign, during ~oaetruction of ten,
four unit apartment buildings, according toSection 3-1 (c)
of the Code of Ordinances."
Mr. Avery moved that said permission be granted, the motion being
seconded by Mr~ Barrow. There-was discussion concerning the length
of time said sign would be permitted, and Mr. Ayery added the follow-
ing phrase to his motion "until all of his property is sold", and
Mr. Barrow accepted said addition to the motion. Following further
comments concerning the location of the Sign, the motion carried
unani~Ously...
10.a. The following bills were presented for approval.
Oeneral Fund $.122,602.67
water Fund - Operating Fund 34,452.44
Special AsseesmentFund 402~00
Refundable Deposits Fund 13,414.01
Cemetery Perpetual Care Fund 5,000.00
The bills were unanimously ordered paid on motion by Mr. Woodard
and seconded by-Fir. ~rrow~
The' meeting. .. ad~6ur~d
City ¢ler~
APPROVED: ' '
.... 12- 2-25a63 .~/~