07-08-63 JULY 8, 1963.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8~00 ~.M., with Mayor Walter Dietz 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 Dr. Stiles B. Lines.
Mayor Dietz thanked Vice Mayor Avery for the splendid way in which
he conducted the business of the office of the Mayor during Mayor
Dietz' absence from the City.
2. The minutes of the regular meeting of June 24th and special meet-
lng of June 25th, 1963, were unanimously approved on motion by Mr.
Talbot and seconded by Mr. Barrow.
3. Mrs. Lillian Miller, 136 Venetian Drive, Delray Beach, Florida,
appeared before the Council and requested the waiver of interest
charge on a drainage assessment of April, 1959, as she felt she had
no benefit from said drainage installation, on account of the grade
of surrounding properties, until the present installation of a catch
basin in front of'~r property.
Mr. Avery ex~plained that this had been brought to the attention of
the two preceding City Managers, and had recently been brought to
the attention of the present City Manager, who, together with City
Engineer Fleming, studied the situation and had a catch basin installed,
with swales to the North and South, in front of the property owned by
Mrs. Miller. During further comments, Mr. Avery stated that he felt
Mrs. Miller's request was justified as she had not been getting the
service, prior to this time, that she was assessed for, and moved
that the interest on this assessment be waived to this date. The
motion was seconded by Mr. Woodard who stated that he seconded same
for the purpose of discussion. Mr. Woodard asked if this would set
a precedent legally or could the Council, on sound ground, waive this
assessment withoutjeopardizing any future interest charges.
City Manager Holland explained that Mrs. Miller did not derive the
benefits that she was assessed for 'on account of adjacent property
owners building up their lot level and driveways which put the water
on her property that should have drained to a catch basin in the
'vicinity.
Mayor Dietz cautioned that all such problems as this should be
treated the same in order to make_it fair to all property owners.
City Manager Holland explained to the Council that he had estab-
lished a policy that any driveways that are installed and any new
houses that are being built would have to be cleared through the City
Engineer as'to elevation before the Building Inspector would give his
approval, which should eliminate similar drainage problems. The City
Manager further explained that the installation of.lawns out to the
edge of the pavement was detrimental to proper drainage.
The City Manager informed the Council that he had issued instruc-
tions to Building Inspector Hughson and City E~gineer Fleming that
there would'be no more building permits issued until the elevation
of the property and driveways are run and the drainage ascertained.
That same WOuld have to be certified by the City Engineer and then by
the Building Inspector before building would be permitted.
Upon call of roll that the interest on said drainage assessment be
waived, the motion carried unanimously.
3. Mrs. Clara McMurrian, owner and operator of West Atlantic Dry
~oode, 409 West Atlantic Avenue, Delray Beach, Florida, informed the
Counoil that her store had been broken into and robbed on the 19th of
April and also on the first and seventh of July, and that prior to
7-8-63
the last two ~obberies,had been damaged by smoke from a fire which
occurred in one of the three adjoining store buildings. Mrs.
McMurrian said that she did not have insurance which would cover the
fire damage to her merchandise,which she felt resulted from the im-
proper construction of the adjoining building at~ached to her store
by a party wall, and that if the Building Code did permit such con-
struction, suggested study with possible revision to the code in order
to protect people in the future from such difficulty as she had re-
cently experienced.
Mrs. McMurrian said that she had not been aware of much investi-
gation into the robberies of her store, and that she felt there was
not sufficient police protection in that area of tow~. and suggested
that two foot patrolmen be placed on duty at night, particularly
during the season, as she was of the opinion that a patrolman in s
police car could not see or hear and detect these breakins and other
unlawful acts that a man on foot could. Mrs. McMurrian further sug-
gested that some of the trouble could be eliminated in that area if
people, particularly young men from the ages of eighteen to thirty,
were not permitted to sit on the streets and in cars, to drink on the
streets and in cars, and litter the streets with beer cans and whisky
bottles0 and further suggested the installation of a light, by the
City, on a light pole in the alley back of her store.
In connection with the widening of West Atlantic Avenue, Mrs.
McMurrian said that some of the present parking.space would be elimi-
nated by said widening and suggested that the City consider providing
parking space for the businesses in that area along the North portion
of city owned Block 37.
City Manager Holland said that Mrs. McMUrrian had suffered as a
result of the robberies and fire, but that according to the Building
InSpector, the buildings were constructed according_to the code, that
tbs..alley to tbs..North.of her property needed to be cleaned up, that
it was very true that a patrolman in a car could not detect sgme of
the things that a man .on foot would, be able to, and further agreed
that there was not sufficient manpower in the police department but
.that was a result of-~here~not being sufficient money to provide
better police coverage..
Building~I.-nspector Hughson informed the~ .Council that at the time
the p~.x~.it was requested to build the a~di~ional store, a waiver from
the parties that owned ~he existing, bu~Ading to allow.the .other build-
ing to tie into their.wall which, is.known as a party wall was~given,
thereby creating onebuilding, further, that the building is structur-
ally sound, but there being a party wall and not a firs wall between
the individual stores caused Mrs. McMurrian to receive smoke damage
from a fire in one of the other ~stores. Mr. Hughson said that Delray
Beach operates under .the-Southern Standard Building Code which has a
very good research degartment and that he plans to write to their
headquarters.~or their recommendations, further, that if the code was
changed, whereby.it would cause every wall in every building to be a
.fire wall, it would raise' the cost of. construction considerablY- Mr.
Avery said that he thought the construction of a party wa. ll should be
studied and explored and e~en though the Cost of construction was in-
creased slightly, individuals would be p=o~ected against being a
victim of s~ch a situation,.as Mrs. McMurrian had experienced.
Following lengthy discussion and comments, Mr. Woodard moved that
the City Manager andBuilding Inspector~ asked to report back to
.Council after researching~histo see'if, the Building Code and ordi-
nances could be.r~nforced on ~his specific subject. The motion was
se=onded by Mr. A~e~y and carried unanimously.
Police Chief Croft said that recently there had.been some special
consideration instigated concerning Mrs~ McMurrian~s case, that there
had been a great deal of work done on it and that he believed there
~ould beresults from that work..
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There was a suggestion that extra police coverage be considered
in the coming budget and Mayor Dietz asked that the City.Manager and
Police Chief consider same and give the Council their.recommendation.
4.a. A roll call showed that the following Civic Organizations and
representatives were i~ at~en~a.n~e.
Chamber of commerce Mr. Kenneth Ellingsworth
Leagps of Women Voters Mrs. Virginia Meyers
Tropic Isle Civic Association Mr. John Halstead-
Veterans of Foreign wars Mr. Clarsnce'Bingham
Pla~ning/Zoning BOard Col. Andrew L~ Fabens
5. city Clerk Worthing read the following letter from the Community
Relations'Committee to the Mayor and Council, signed.by Virginia
Meyers, Secretary and dated June 24, 1963.
"Because of the tense social situation sweeping the nation, the
Delray Beach committee on Community Relations feels that a re-
port on local conditions will be useful to the. City Commission.
The desegregation of the beach, the paving of the streets and
installation of proper lighting in the western sector, the at-
tention being given'to recreational needs and the existence of
the bi-racial Committee on Community Relations have created a
favorable climate, but this is not ~o say that areas.of, deep
dissatisfaction and unrest dO not exist..-
Since, in these times, minor irritants can become major ones,
we suggest that segregation signs on the rest rooms in City-
Hall be removed immediately. By cour~ decision, segregation
of any kind is illegal in a goverr~nent.building. We also
commend that Sections 17-34, Chapter 17, pages 207~208 of the
Delray Beach Code be'rePealed. This ordinance is probably
i!legal and certainly unenforceable.
since Advisory andRegulatory Boards-and Committees are excellent
opportuniti~s for citizens to share in the planning an~ problems
of goverrunent, 'our Committee feels that qualified.Negroes.should
be chosen to serve on'such boards and committees. -Responsibility
in government leads to responsible, attitudes on the part. of. our
citizens. - ,
One of the greatest causes of tension and unrest is the economic
deprivations and lack of job opportunities for the Negroes, and
Delray Beach has' seriousprobl~ms in this area~ The grave dis-
satisfaction and unrest of certain groups, which has been re-
ported to our committee, makes immediate action imperative~ in
our opinion. Any really effective steps to improve the economic
situation of our Negro citizens'.must be taken by a-group larger
than our Committee. We suggest thatthe entire City Commission
attend our next meeting, which we will call at the.Commission's
convenience, and that together we plan measures to ameliorate
this disruptive, potentially dangerous situation. We strongly
urge that this consultation take 'place as soon as poss.ible."
City Manager Holland .stated. that he didn't feel there would be
anything found in the city HaI~ relative to said letter, further,
that there are numerous city committees where the attendance of same
takes time from other duties and that he saw no need to formulate
other committees. That there, is no criticalproblem, to his knowledge,
as far as the colored race is concerned. City Manager Holland took
exception-to such a letter being'presented and read at a Council meet-
ing without'the City Manager first havingk~owledge of such letter.
Mr. Woodard asked what percentage of the city employees were negro,
to which the City Manager replied that about seventy percent were
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negro, further, that there were no available jobs at the present time.
Mrs. Virginia Meyers informed..the Council. t~at said Community
Relations Committee decided to direct their report to the Mayor and
Council who could.inform the City Manager and City Clerk of same if
they. wished to do so.
Mr. Avery said there was a request in the communication that the
City Council attend their next meeting which would be called at the
convenience of the Council, and that he feels the Council should
meet with said committee.
Mr. Talbot said that he was agreeable to a meeting, however, that
he was leaving ~the'~City-tomorrow on a bus/ness-trip, but .felt that
such meeting should be routed through the City Manager and.~be ar-
ranged as soon as possible.
Mr..Barrow said that he felt as Mr. Talbot about the.meeting being
arranged through the City Manager andheld as soon.as possible, that
he-would like for all the Council to be present and that it be an
open meeting in the Council Chambers with the committee meeting with
the Council.
Mr~ Avery then moved that the'~City Manager be instructed to set
up a meeting 'with the Community .Relations Committee at the soonest
possible time that the entire Council could be present. The motion
was not seconded.
Mayor Dietz'said that the ~Council is the highest authority in the
City ofDelray-Beach and that, in his opinion, committees meet with
the Council, the Council does not meet.with committees, further, that
.the committee can attend a Council meeting with all members present,
as well as -the press and anyone else.
Dr..Stiles Lines of St. Paul~s Church and a member of said
Community~Relations.'Committee, informed the Council that the purpose
of said letter, from .said committee was not to arouse any antagonisms
or to 'BYpass the City Manager, but to report to the body to whom
they were:responsible and by whom theywere organized. That the
purpose was to, seek good community relations in Delray Beach and that
he could point to good effects of this co~mittee in Delray Beach,
further, that it was their hope that the Council might attend, in a
private capacity, a meeting for consultation concerning the problems
in the community without any publicitywhatever, and that he would
prefer not' to attend an open COuncil. meeting at this time for this
purpose.
Mayor Dietz said that his position has been, and still is, that
he will not attend a meeting of any committee, that he will attend
a Council meeting and any committee may attend the meeting and pre-
sent its.problems.
Following discussion, Mr. Woodard moved that the. City Manager
reply'to:said'letter of the Community Relations Committee and indi-
cate that the Council would be happy to meet with them'as soon as
there is a full Council again, and a meeting wo~ld be .~cheduled at
the CityHa11 so that any-items brought to Council attention in this
letter of June 24th may be discussed. Thermion was seconded by Mr.
Barrow and carried unanimously.
5. The City clerk read a Press Release from CityEngineer Fleming
con,em'lng "Replacement b~Contractor of Plantings Removed by Sewer
Contractors"'also a.lette= from Russell & Axon Consulting. Engineers
concerning the same item and dated July 1, 1963.
5.a. ~Mayor Dietz asked the City Manager what act/on, if any, had
been taken on the letter from-the Lawn Bowling Club of. May 28th.
Cit¥'Manager~ Holland reportPd' that ~the lights had been taken care of,
and-thai:the rolling of the area would be taken care of the second of
October ~ ·
Mayor.~ietz asked *that this.~tem be-pla~ed on th~ agenda of the
next meeting for a.report~romthe Cit~Ma~ager relative to,what
actio~wo=ld be taken on said request, from the ~awn Bowling Club
of May 28th~
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5..a~ Mr. Avery reported.that he had received.a presentation of
"A .Declaration Of American'Principles" for Delray. Beachand being
so impressed with it, would like for the City Council to endorse
these principles.
Mt. Talbot moved that the Council accept the thinking of Council-
man Avery in this and endorse said principles and hang same o~!the
bulletinboard. The motion was secondedbyMr. Avery andcarried
unanimously.
5.a. Mr~ Avery said that the outstanding display of fireworks pro-
vided bYMr. Warren Grimes on the 4th of July attractedpeop~e from
all over the state and that he feels it is proper for the Co~cil to
recognize this and send a letter of appreciation to Mr. Grimes for
this cont~ibution, both to the entertainment ofthe local citizens
and the promotion of Delray Beach, it being so moved byMr. Woodard.
The motion was seconded by Mr. Talbot and'carried unanimous%y.
Mr. Avery said that he had an item of extreme'imPortance
to
Delray~ Beach and commented, as follows: "Last Wednesday on the.sport-
lng page there wa~ an article by Ed Buckow, the Pa-m Beach P~at Out-
door Editor,setting forth some facts which .are of vital interest-to us
in Delray Beach. The State Legislature raised the price of .fishing
licenses$1.00 with the stipulation that the $1.00 wasearmarked for
a fund to be used specifically for the improvementof fresh water
fishing. Further down in this article it stated:'Lou Gainey, Ever-
glades Region manager in charge of thelocal Game and Fish Commission
office, has already made it known publicly that the commission is
interested in making a first class fishing lake out of Lake Mangonia,
which is located in the West Palm Beach city limits. But to date not
one city official has contacted Gainey concerning this interesting
prospect. The Game and Fish Commission is also interested --- and
has previously indicated this to the County Commission --- in estab-
lishing LakeOsborne and Lake Ida as ·fisheries management areas.
This could not only mean improved fishing for anglers of~ these areas,
but could also save the county money that is now spent for noxious
weed control in these lakes.'. This is of extreme importance. If we
talk .loud and long enough we can get them to set this Lake Ida up as
a priority. It seems that it is going to be indicated that. we send
a letter to the Fish and Wildlife Commission urging the improvement
of. Lake Ida and asking that it be placed on a high priority and that
we also send a letter to the County C~mmission, because itseems that
the County Commission has to approve these things as fares .their.~
setup is concerned, urging them to take positive action for Lake Ida,
and that each be sent a copy of the letter we send to. the other and
see if we can get Lake Ida put on-this priority because we can have
· the finest bass fishing right in our own area, so I move. to you that
these two letters be sent." The motion was s~conded by Mr. Woodard
and~carried unanimously.
.a. Mr. Avery said that a progress report had been received from
~ussell & Axon, dated July 5, 1963, ~n which.the summary report is
as follows: "No unusual problems have arisen. Construction should
not be' delayed. The Resident Eng-ineeringStaff consists of: 1
Resident Engineer, 1 Chief Engineer,-4 Construction Inspectors.
A key map of the Sewage Works Projeot, Delray Beachshowing sections
of the Contract, Sanitary Sewer System~, and sewage lines completed
is attached."
Mr. Avery said this was of great importance and he would like for
all members, of the press to receive a copy of this report including
the map, and that instructions be issued so that when these progress
reports are received theycan be putunder public release and be made
knownto the public atonce.
It was reported that there was outstanding progress on. the Outfall,
further, that the City Manager had good organization as far as the
other work being done. -5- 7-8-63
5.a. Concerning elevation or grade of property, Mr. Talbot said that
~he item brought up hymns. Miller tonight brouqht to his attention
the fact that an ordinance-concerning same is needed. Mr. Talbot
commended Ctty Manager Holland for ~he manner in w~Ach he has handled
this type of matter to date, and moved that this matter be refer=ed
to'the Planning Board for their recommendation of a proper ordinance
which would assist the City Administration in administering details
in i~euing building permits. The motion was seconded by Mr. Barrow
and carried unanimously.
5.a. Mr. Woodard asked when the Council would receive a copy of the
proposed budget for the coming year. City Manager Holland informed
the Council that the proposed budget may be ready fo~their, inspection
by the last meeting in July and if not would definiteIybe r~ady by
t~e first meeting in AUgust.
5.a. Mr. Woodard asked what could be done to further inform or in-
struct various city services where the existing city limits are.
That it had-~ecently been brought to his attention that the city
spray truck was spraying in county areas, and he felt that these
services should be limited, as nearly as possible, to those who are
paying for them. There was discussion of the irregularity of the
cAty limits and it was mentioned that the city is coordinating with
the county in'spraying and that the instance Mr. woodard mentioned
just happened to be a spot operation where there were numerous com-
plaints and a need for spraying in an area where the city limits of
Delray Beach ~'~ay on each side cfa county area.
5.a. Mr. Woodar~ asked if there had been any consideration given to
the filling in. or beautifying around the light poles recently in-
stalled, particularlY on A~tlantic Avenue. City Manager Holland said
~At was the obligation of the city and not the power company to fill
in 'around these poI~s, that it had been neglected only from the stand-
po'Ant that there have been so many things that seemed more important
to accomplish, b~t within'a week or ten days he would be able to work
on same.
6~a. ConCerning an~tuApated addi~ional.'~/garette Tax revenue, Mayor
Dietz"asked the other Councilmen if they would agree to a discussion
of 'same before a motion was made, which.was agreeable.
Mayor Dietz saidthat he'%hoUght Mr. Avery~s suggestion ~f ap-
propriation of some Cigarette~.Tax revent~e being placed in a capital
Improvement Fund was a.n excellent suggestion and'that he would go
along with it, but~wou~d like to have two or three.q~alifications of
~t, an~ c~mmented as '£ollows= "First of all we must be careful in
~etting a percentage of ~7~ per cent and that per cent is O.K., I go
a~ong with that, but if people stop smoking for some reason and the
amount of ~ax was ~s, we don~t want to get to the point of where we
would put into the general budget less money than the cigarette tax
has been putting into the budget. My only hope is that in making the
motion you modify i~ An that respec~ so that we take the 37% per cent
but only provAd~d ~hat~.~t, doesn~t cause the remaA~der to be less than
what we are~no~ putting l~ the budget.."' -~'
During dis~u-~8~on, ~Anenue Dire~or~Weber info~ the Council that
it~was estimated t~%~ ¢igaretteTax revenue ~eX~year would be
$195,'200,00 and' that ~3q% ~er cent of that would b~,200.~0.
Mayor ~i&t~ co~ent~d fu~/~er= "A~other qualification would be
that this money would only be used for Capital Improvements that
would not ~be self liquAdating. By way of e~ample, a Police .Depart-
ment Building.would not be se~f liquidating, but a sewer system or
an inci~e~.ator or something like that'would be self liquidating.
The third~aIification is thatthe money be used as a cash payment,
pay as you go plan. In other words, that the~money not be used as a
guarantee to float a bond issue, b~t the money be set aside to be
~d~as cash. for the cheapest way to build~something is'to build it
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with cash; The'most expensive way you can build anything is to float
a bond issue. We can' t bind future ~un~ils bu~ I will vote in
favor of this if ! can be assured of' these stipulations."
FOllowing favorable comments by the other Councilmen to Mayor
Diet~' suggestions, Mr. Avery moved as follows~ -- "I move ~9~ 37~
per ce~t of anticipated Cigarette Tax .revenue be appropriated and
plaoed in a Capital Improvement ~und with the stipulation-~ha.t the
amount that goes into the Ge~ral Fund from this Cigarette
revenue always be at least $0 per cent, at least as much as the
maximum now. Also that it be used for Capital Improvement~ that
are not self liquidating, end that .i't be~ on a pay-as-you-go plan."
~e motion' was seconded by Mr. Talbot and carried unanimogsly.
6.b. City Clerk worthing informed the Council that they had received
copies of proposed-agreements between the City.and the ~irst National
Bank of Delray Beach, and Delray Beach National Bank, providing for
handling of ~eposits from the proceeds of the recent sale ~f
~1,500,000. Water and Sewer Revenue Bon~.s, Series 1962, and $1,100,000
of Utilities Tax' Revenue Certificates, Series 1962, affecting dis-
bursements therefrom, and further.providing for investment of such
~oniee'from such fund as may be requested, by the City Coun=il.
Mg~. Avery asked the City Attorney~ "All of these things set forth
are 'things, for instance, the certificate of the engineers going to
the bank accompanying the requisition .to the bank, has that all been
set forth by the bonding attorneys? Is that a requirement?"
City Attorney Adams replied: "Yes that. is. The only variances we
made, and 'we will get approval of the bonding attorneys, and that
was to allow the City to inves~t in short term securities in accord-
ance with the laws of Florida.. We are going to submit that and I am
sure they will approve it."
Mr. Avery than moved that the Agreements, as submitted to Council,
be approved. 'The motion was~ seconded by. Mr. Barrow and carried unani-
mously.
6.c. Concerning ~he City's policy relative to employment of wrecker
service, it was reported that the City Manager and Chief of Police,
being in complete accord, have provided Police Department policy
concerning same in that all locally licensed wrecker services he
subject to call by the Depar~nent, which policy is now in effect.
Mr. Barrow said he felt 'that was administrative and should be turned
over to the City Manager and Chief of Police.
Concerning the specific incident that brought this to Council
attention, City Manager Holland re~orted that as far as the license
was concerned, 'it .had been a misunderstanding and had .been corrected.
That the only deviation from the ~olicy is that if a wrecker desired
by an individual i~ called to a wreck and is unavailable or does. not
have the equi~ment to move .the wreck, then another wrecker will be
called.
Mr. Barrow moved that this administrative matter be turned o~er
to the City Manager,., the motion being seconded by Mr. Avery and
· unanimously carried.
6.d. Mr. Woodard said that inasmuch as the City Manager had been with
the City approximately a year now, and that everyone seemed more than
happy w~th his work for the City, suggested discussion of a possible
salary increase for him. Mr. 'Woodard mentioned a salary survey made
for the City in 1962 by ~rank C. Brov~n and Company in which the mini-
mum salary for the City Manager was suggested to be $11,000.00, with
a maximum of $14,O00.00 and .quoted from .correspondence of the Frank
C. Brown and ~ompany the 'salaries t~at o.ther towns in the vicinity
are paying their City Managers. Mr. woodard further stated .that the
Council had requested tha~. the-Florida League of Municipal~ties. send
to the Council-their comparative analysis of Jobs throughout the
State of Florl'da, and. read excerpts from their survey of salaries
paid to City Managers throughout 'the ..State. Mr. Woodard said he
-7- 7-8'-63
234
felt it would be appropriate to raise the City Manager's salary to
$12,000.00 or $12,500100 so-that in future yeare as his service con-
tinues with the City that his salary could be continued to be raised,
also that lt would not be appropriate .to raise him to the maximum
salary inasmuch as there are department heads and other city'employees
who have been-w~th the city for many years-and have been doing out-
standing service for the city and who are not receiving the maximum
salary in their particular classification or ~racket.
Mr. Talbot said that he didntt think the salary of' the City
Manager should necessarily be based on what other cities are paying,.
but on'the job that he is doing for the community with which he is
WOrking. That City Manager Holland has done an outstanding job on
the money that he had available this year, further, that in private
business employees are rewarded for the work performed an~ what they
save the company. That since there is not money available in the
budget'at this time, the Council should arrive at a salary reflecting
a substantial'raise, Bald amount being put in the budget for the
coming year.
Mr. Barrow was in agreement ~ith the statements made by Mr. Talbot.
Mr. Avery commented on the employees pay scale which wee plotted
on a curve that could be adjusted on the cost of living. Mr. Avery
further commented on the accomplishments of City Manager Holland,
particularly on the savings bY the City Manager in taking over the
duties of the Recreational Director in addition to all his other
duties and accomplishments, and that. he WOuld like to see a salary
of $14,000'.00 for the City Manager set up in the budget for the
~ming year.
Mayor D~e~z commended Mr. Woo~ard-' for his thought in bringing this
ite~ t~0~cil attention, and particular, l'y commended City Manager
Holland for what he thinks the City Manager has accomplished inthe
Public~6~ks DePartment, further, that he feels the p~y should be
for'what th~ City Manager is WOrth and notbased on what another city
pays their C~tyManager, and that he feels City Manager Holland has
saved the.~C~y a lot of money.
FollOWing further discussion, Mr. Avery moved to direct the' City
'Manager to-~set'up i~ ~he 'budget for the next year a salary of
$14,000~00."f~or the Ci~ty Manager, commencing with October first of
this ~e~r',t. he mo~ion being seconded by Mr. Talbot and unanimously
6.e. The Council was informed that there are requests by property
ow~e~s for more than one sanitary sewer connection for one ~ce of
property and that an agreement has been prepared~'whereby the customer
· will pay $95.00 ~ach for all over the fi=st connection, and that a
connectinn means where the property owner connects on to the sewer
line at the edge of his lot line.
Mr. Avery asked what the average~oet'to the city was for said
extra connections and was informed that the cost of each extra con-
nection was $95.00 which the'oityWOuld collect from the property
o~ner and pay to the Contractor. It was brought out that each lot
or ~iec~ of property would have one such connection to the sewer line
without cost to the property owner, further, that each property owner
would personally take care of h~s connection and running his pipe to
the sewer Iine which is available'at hie lot line, further~ that
each property oWner woul~designate where ~ewanted the~connection
placed. That any proPe~ty'ow~er WOuld' have to make.hie request for
additional connections at th~ time the Sewer line was being installed
instead of waiting untila'leter date.
Mr. Talbot said that he-had conversation with City Engineer Fleming
concerning some lots that ru~ ~rom ocean Boulevard to Andrews Avenue
where there are tWO or.three buildings, where ae a result of the
gravity ~lOw, one.bUilding'WOuId be connected on ocean.Boulevard and
one on Andrews Avenue.- Mr. Talbot asked~ if-in a situation like this,
WOuld the property owner receive a connection on each ~street. without
paying for same? Thatthere WOuld be se~veral such instances and he
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felt it would be well to clarify it at this time.
City Engineer Fleming said the CoUncil had.not actually adopted a
policy at this time, but the practice~at the~present time,is that
one connection is allowed per lot whether it'be vacant-or built on,
that if there is a property that occupies s~mewhat more than one lot
and yet only has one building, the recommendation was that they also
be given'one connection, and if an additional connection was required
there would be a charge for it, That in a particular case such as
Mr. Talbot described, where there are threebuildings on the property,
heaset~med that it would be logical, if separate connections were
deemed necessary, that there would be no additional charge-for'the
additional connections, and that .there would be a line put doWn Ocean
Boulevard for the purpose of draining the property to the East and
that the property to the rear, which would normally flow in the
opposite direction, would drain to t-he one on Andrews Avenue.
Mr. Avery moved that the policy be adopted that where extra con-
nections'were not otherwise provided in the Engineering, be charged
$95.00 when requested by the property owner. The motion was seconded
by Mr, Woo~ard and carried unanimously.
6.f. The City Clerk stated that as a result of Council directive at
a meeting held on June 24th, it had been determined that the city
policy for street ~mprovement cost sharing is 20 per c~nt for' Resi-
dential Streets, ~as established by Council on June 14, 1957, and
therefore, it is recommended that the City Tax Colle=tor be directed
to adjust the Street Improvement Roll for the opening, grading and
paving of that part of S. W. 5th Avenue, lying between 6th and 7th
Streets, as set forth in Ordinance No. G-486, to re~lect a 20 per
cent participation therein on the part of the city~ it being so
moved by Mr. Woodard. The motion was seconded by Mr. Avery and
carried unanimously.
7.a. The Council was informed that a proposed building, a home, on
Lot 24, Block 4, ~Rio Del Rey Shores, as per floor plan sketch attached
to a request from the property owner, Mr, J~ R. Kiel, disclosed that
such c~atruction would be in violation of proposed Ordinance No.
G-493, placed on first reading on June 24th, which provides for set-
back of not less than 25 feet from all front and rear lot lines in
R-IAAA, R-1AAAB, R-1AA and R-lA zoned areas, and that said Ordinance
is scheduled for a second and final reading oH JUly 22nd following
public hearing thereon.
Mayor Dietz asked why this Ordinance was considered and City
Attorney Adams sai~ that the Planning Board had recommended said
ordinance ~fter a request from the Tr°Pic Isle Civic Association, and
that said ordinance made the setha~ks on canals uniform throughout
the City, further, that it is setup in the Co~e of Ordinances that
variance from the strict compliance of this ordinance, if the City
Building OfficiaI denies the application, can be appealed to the
Board of Adjustment and get a variance-.
The following memorandum from Building Official & Zoning ~irector
R. A. Hughson to City Manager Holland, concerning said request from
Mr. Kiel, dated'July 2, I963 was~read:
"To the letter and sketches that were submitted by Councilman
Avery to me that was addressed to the Mayor or Vice Mayor, I
presented them to the Planning Board. The matter was discussed
and the Board indicated that when the proposed ordinance is
passed on second and final reading, it would then become a mat-
ter for the Board of Appeals, to grant or deny a variance
cause of a hardship oH this lot due to it's irregular shape.
I discussed this matter with the City Attorney and he indicated
that the same procedure, as suggested by the Planning Board,
was proper. He also stated that it would apply.to all irregular
or odd .shaped lots in the City. He also stated that if this
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particular owner intends to construct a residence on this lot,
and he. applies, for a.building permit within six weeks, he
could build it, as the~sketches indicate, with no objections
~rom the zoning department."
It was made known that this proposed house would not be built at
this time and that it would place a hardship on all the owners of
unimproved waterfront lots in the Subdivision of Rio Del Rey Shores
if such an ordinance was passed.
Mr. AVery said. that he.felt such an ordinance was good legislation
as it would protect the property owners along the canal in that build-
ings.would not obstruct their vision, but that he feels this particu-
lar s~bdivision should be omitted from the regulations of this ordi-
nance, but that it apply to the remainder of the town.
Mr. Kiel, Mr. Charles Eastman and .My. Wylie Sampson, who are resi-
dents of this subdivision, objected to the passage of said ordinance,
and that property would be very hard to sell with such restrictions.
Following lengthy discussion, M~. Woodard suggested that this
specific problem be referred back to the Planning/Zoning Board for
their consideration, and that these residents meet with said Board
and that any further action that the Council may take be ~abled until
such time as a report comes from the Planning/Zoning Board.
City Attorney Adams said that he W°uld meet with the Planning/
Zoning Board in such a study. That where there are houses presently
built within fifteen feet of the lot line, certainly the ordinance
could be written in such a way that it would be no more restrictive
than the ones .currently~there.
Mr. Wooda=d.moved to table any further action on Ordinance No.
G-493 until there is a report back from the Plannin~/Zoning Board,
that the individuals from Rio Del Rey Shores be notified when the
Planning Board meeting is held in order 't~at they may'attend the
meeting, and furthermore, that the recommendation be referred to them
that there can be a. clause in the-ordinance that it not be more re-
strictive.than the~houses ~ow in the.area. The motion was seconded
by Mr. Talbot~
City Clerk Worthing reminded the Council that said Ordinance had
been advertised for public hearing to be held thereon at the July
22nd Council~meeting, .
Mr. Avery then moved to rescind the action on said Ordinance No.
G-493 that was taken at the previous Council meeting, the
being seconded by Mr. Talbot.
The motion and second previously made to table any further action
on said Ordinanca were withdrawn.
The motionto rescind fo~mer .Council.action on OrdinanceNo. G-493~
and other recommended p~ocedure be referred to the Planning Board,
the motion .being seconded, by Mr. Avery and unanimously carried.
?.b. Concerning proposed membership of the westsid~ Recreation
Advisory Board, Mayor Dietz asked~f0= the privilege of discussing
same prior to a motion. Mayor Diet~ said that a request had been
made in a letter dated June.24, 1963 conforming in the main to Council
pol~y.. That there is a recreation center being bu$1t and it had bee~
requested that there be an all negro committee for the supervision of
the Westside Recreation Center, to whichthe Council agreed and asked
that names be submitted to Council for appmintment to said committee.
Further, that the names .submitted, so far as he is concerned, are O.
K. but that the terms of.the committee be one year instead of three
years. Mayor Dietz suggested further changes or additions to said
letter from the Communit~ Relations Committee, dated June 24, 1963.
Mayor Dietz then read the letter from the Commu~i't¥ Relations Com-
mittee, signed by Virginia Meyers, Secretary, dated June 24, 1963,
as follows, with hi~ proposed changes ,or additions enclosed in
parenthesis.
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was unanimously carried.
Mr. Woodard then moved that said proposed Ordinance No. G-493
"The West Side Recreation Committee and the. Delray Beach.
CommunityRelations Committee present'the, following names
to the City Commission for consideration as members of the
West Side Recreation.Advisory Board=
Mr. Otto Mitchell, 210 S. W. 14th Street. C~. 6-7921
Mr. David Smith,' 301, N. W. 12th.Avenue, CR 6-9829
Mrs. H. 'Ruth pompey, Box 1533, C~ 6-4290
~v. J.W.H. Thomas, 1020 N. W. 2nd Street, CR 8-1842
Mrs. Gertrude Green, 125 S. ~W. 4th Avenue, CR 8!1797
Mrs. Celeetine Cartwright, 26 S. W. 8th Avenue, CR 8-I196
-Mr. Theron Nubbin, 331 N. W. 11th Avenue, CR 8-1435
Mr. ~A. W. Risker, 16 N. W. 11th Avenue, CR 6~6102
Mr. Charles Oxidine, 19 N. W. 11th Avenue, CR 8-3518
These people have indicated a willingness to serve if ap-
pointed by the Commission.
The Committees suggest initial appointments be made of three
3-year terms, three 2-year terms and three 1-year terms. At ~he
expiration of these terms new members or members who are re-appoint-
ed will serve for three-year terms. (Mayor Dietz suggested the ap-
pointments be made for one year terms of this committee, because
this is a new committee and there is need to be sure that it is a
compatible and ~orkable committee.)
In order to avoid duplication of efforts, the Committees suggest
that the Advisory Board be given a specific charge. In proposing
the Advisory Board to the Commission, theCommittees had in mind the
following duties and functions=
After a study of existing recreational facilities, (In the western
section of town) the Advisory Board is to provide, a.comprehenaive
recreational, program, both immediate and long-term, with careful
analysis and consideration of the needs of all groups in the (Western
section of town), especially (children and) those that are unorganize~
and have no spokesmen.. This plan is to be submitted to the (City
Manager) and proper city officials for approval and implementation.
It will be. the continuing responsibility of. the-Advisory Board,
(of the Western Section of town to make recommendations tothe City
Manager) to see that all facil~ties are maintained.in goOd and ef-
fective order (within the budget), and to present the needs of the
Center to the City Commission.
The Board is to assist and support the director of the Center in
every way. It will recruit assistance from the (Western section of
town) when necessary, and act as a liaison between the (western
section) and the west Side Recreation Center."
Mayor Dietz reported that the Community Center is making good
progress and that he thinks the Committee should bacappointed but
only for a one year term.
Following comments of agreement by each ~ouncilman to Mayor
Dietz' suggestions', Mr. Woodard moved that said .committee be appoint-
ed in accordance, with the letter from the Community Relations Com-
mittee of June 24th as.corrected. The motion was seconded
by Mr. Barrow and carried unanimously.
Mrs. Virginia Meyers.protested.thechange from "community" to
"the western~ection of town".
7.c. The City Clerk presented a request for rezoning, from R-1AA
to R-3 of a three acre tract of land with a frontage of approximately
295 feet on West Atlantic Avenue, and bounded on the West by a North-
erly projection of the WeSterly right-off,ay line of Homewood Boule-
yard, which is the Westerly boDndary li~e of the City in that
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particular area, and on the East by N. W. 2?th Avenue, with a depth
of approximately 257 feet to'the North~- this land being ~n Section
18-46-43~ Said request was unani~ousIy referred to the'Planning/
zoning Board on motion by Mr.-Avery and seconded"by Mr. Woodard.
8.a. It~was reported that Resolution No. 1447 provides for the ex-
change of a city owned parcel of land-in Block 14, not needed-for
city purposes, and located in the center of said Block 14, for the
East SO feet of the West 85 feet of the South 135 feet of said Block
14, which parce1 o~ land is needed for locating thereon Lift station
No. 6 of the collection system in connection wi-th the Ocean Outfall
Sewage Project. That Council had approved such exchange' of proper-
ties on March 20, 1963] subjpct to the City Attorney being able to
quiet title in the parcel last referred to; and said Resolution No.
1447 has been prepared to confirm Council action.
RESOLUTION NO. 1447.
A RESOLUTION OF THE CItY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR EX-
CHANGE OF CITY OWNED LANDS FOR LANDS OWNED
BY PRIVATE PARTIES.
WHEREAS, the City of Delray Beach, a mu~icipal corporation,
the owner of the following described lands, to-wit=
The North 77 feet of the South 312 feet of the
West 13~ feet'of Block 14, City of Delray Beach~
which lands, in the opinion of the 'City Council, are not needed for
municipal purposes~ and
WHEREAS, JOHN R. EVANS and BELLE S. EVANS, his wife, are the
owners of the foIlowing described lands, to wit=
-The East 50 feet of the West 85 feet of the
SOuth 13S feet Of E10ck 14, City of Delray Beach~
which lands the City desires to acquire for municipal purposes~ and
WHEREAS, in the opinion of the City Council, it is for the'best
ink,rests of the City'that'the lands above describedowned by"it be
exchanged for the lands' above described owned by JOHN R. EVANS and
BELLE'S.~EVANS, his wife~ and
WHEREAS, a notice setting forth the terms and conditions of the
abO~e described exchange of =eaI property was published once a week
fo~'~wo weeks in the Delray Beach NeWS~joUrnal as required~by Sec-
ti6n 7 (2) (b) (1) of the Char~r of the City of Delray Beach,
Florida~
NOW, THEREFORE, BE IT RESOLVED BY THE'CITY COUNCiL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1.' That the above described parcel of land owned by ~he City of
Delray Beach, not needed for city purposes, be exchanged for the
property described above owned' by JOHN R. EVANS and BELLE .S. EVANS,
his wife, and as a further c~nstderation, the City of Delray Beach
will also assume and satisfy'a street improvement lien in the amount
of ~125.30 which is on record against the property hereinabove last
described.
PAsSED A~D~)PTED in regular session this 8~th day of July, 1963.
Resolution No. 1447 was unanimously passed and adopted on motion
by Mr. Avery and seconded by Mr. Woodard.
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8.b. It was reported that Ordinance No. G-494 provides for amending
Section 27-3 of the Code of Ordinances.and revising rates for water
service furnished to consumers within and without the corporate
limits of Delray Beach, in accordance with the determination of
Council while in special session on June 25th, at which time the
rate schedule revision, as recommended by Russell & Axon, the Con-
sulting Engineers, was accepted.
ORDINANC~ NO. G-494.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 27-3 OF
THE CODE OF ORDINANCES OF DELRAY BEACH, REVISING
AND FIXING RATES FOR WATER SERVICES FURNISHED TO
CONSUMERS WITHIN AND WITHOUT THE CORPORATE LIMITS
OF DELRAYBEACH.
Following discussion of the rates, Ordinance No. G-494 was unani-
mously placed on first reading on motion by Mr. Woodard and seconded
by Mr. Talbot.
9. There were no reports.
10. The Council was presented a letter from City AttorneyJohn Ross
Adams, RE: Robert C. Burlett v. City of Delray Beach, dated July 5,
1963. ~
Mr. Avery moved that the City be authorized to employ the law
firm of Jones, Adams, Paine and Foster, of West Palm Beach, Florida
to undertake the defense of officers C. E. Dalton and Charles Kilgore
of the Police Department in e' recent suit filed against them by
Robert C. Burlett. The motion was seconded by Mr. Talbot and carried
unanimously.
10. Mayor Dietz informed the Council that he would like to have
$15,000.00 from the $60,000.00 proceeds of the sale of City Property
recently, $7,500.00 for lights for the new regulation ball field
that is being built, and $7,500.00 for lights at the Teen Town Center
ball field.
Finance DirectorWeber informed the Council that the proceeds from
said sale of City Property could not be budgeted until the first of
October, and City ManagerHolland reported tha~ the Regulation Ball
Field would not be ready for lights before that date.
City Manager ~olland was instructed to place the £tems of ball
field lighting in the proposed budget for the coming year.
10.a. Bills for approval were presented as follows:
General Fund $ 44,850.53
Water Fund - Operating Fund 12,478.30
.The bills were unanimously ordered paid on motion byMr. Woodard
and seconded by Mr. Barrow.
The meeting adjourned at 10:50 P.M. by order of Mayor Dietz.
R~ D..WORTHING
City Clerk
APPROVED=
MAYOR
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