07-22-63 JULY 22, 1963.
A regular meeting of the City Council of Delray BeaCh wa~ held in
the COuncil Chambers at 8:00 P.M., with Mayor Walter Dietz i'n the
Chair, City Manager Robert J. Holland, City Attorney John Ross Adams,
and Councilmen A1 C. Avery, Emory J. Barrow and Oliver .W. Woodard, Jr.
being present.
1. An opening prayer was delivered by City Clerk R. D. Worthing.
2. The minutes of July 8th regular meeting were unanimously approved
on motion by Mr. Woodard and seconded by Mr. Barrow.
3. Mrs. Albert Husa, 27 N. W. let Avenue,'Delray Beach, informed the
Council that she and her husband had written a letter to the Council
which was read by the City Clerk as follows:
"At'this time we wish to ask the Delray Beach City Council to
change our property known as the south 50 feet of Lot 5, BlOck
60 in the town of Delray Beach from multiple dwelling area to
that of business. This property is located at 27 N. W, 1st
Avenue near the fire station and directly across the street
from the Community tennis court area.
Our building is a new structure, less than one year old. We
have been advised that approval by the Delray Beach City Council
would give us a variance for specific use. We are desirous of
having professional offices in our dwelling and feel that our
request is a minor one as a business area is at the south of
us as well as the Dairy 'Queen which is at the east of us. Our
area if granted approval for professional offioes would remain
with its present appearance and we feel would add ~to the land-
scaping of this Section of town.
Thank You, for the consideration of changing our location to a
business zone to enable us to add to the economy of Delray Beach."
Mr. Avery moved that this request for rezoning be referred to the
Planning/Zoning Board, the motion being seconded by Mr. Woodard and
unanimously carried.
4. Mr. Barrow read the following Beautification Committee minutes of
July llth, 1963.
"Members present were: Bud Merritt, Mrs. Gladys Little, Mrs.
Marjorie Bvaul, Stuart Lankton, Clarence Galinat, ~mory Barrow.
Minutes of the Previous meeting were approved as read.
A motion was made by Mr. Lankton, seconded by Mr~ Galinat that
the Council beadvised of the minutes of the Beautification
Committee on December 6. 1962 relative to parking on the north
side of the library lot which read: 'A motion was made by Mr.
Lankton and seconded by Mr. Galinat that the Committee recommend
to the Council that they reconsider their recent action to con-
vert the north one-half of the landscaped area of the library
into a parking lot, as the Committee feels that this would
seriously affect the beautification of our city. Motion passed.'
A letter from Mr. Bruder was referred to the Council."
Mr. Barrow said that the Beautification Committee was under the
impression that said parking strip would take half of the landscaped
lot at the Library, but that only an eight foot strip would be used
which would provide nine parking spaces, further, that said plans had
been completed before these comments of the 'Beautification Committee,
and ~e felt there was no need for CounCil action.
7-22-63
242
4.a. A roll call showed that the following Civic Organizations and
representatives were in attendance.
Chamber of Commerce Mr. Vince 'Canning
'Business & Professional Women's Club Mrs. Albert Husa
League of Women Voters Mrs. Virginia Meyers
V.F..W. Mr. Clarence Bingham
Westside Recreation Advisory Board Mr. Otto Mitchell
Kiwanis Club Mr. Howard Smith
Tr~ic Isle Civic Association Mr. John Halstead
Beach Taxpayers League Miss Dorothea Galvin
5. City.Clerk worthing read the following letter from Augustine S.
Janeway of Villanova, Pa., dated Ju~e 7, 1963.
"I want to.take this opportunity to tell you that we have been
going to Delray Beach for the winter season since 1952. Of
all the resorts in Florida, w~_ like it better than any other,
and find it most suitable for our needs.
The weather,.on the whole is very delightful. Delray has a
wonderful beach, and the people are very pleasant. I am a
disabled veteran, and am unable to play golf, so we take great
pleasure in playing shuffle-board at the Delray Beach Recreation
Club. This Club adds very much to our health and social contacts
in Delray Beach. Most of the shuffle-board courts are good, and
the members are very congenial.
we~-hope that the Town Council will do everythi~gpossible to
'~eep~hese-courts in-good condition, as .they have a great in-
- · luence on, our returning to Delray Beach in the future."
~, City Clerk Worthing then read a letter from Mr. Arthur' H. Ogle of
Fort Lauderdale, President of the Seacrest Hotel of Delray Beach,
commenting on the increase in taxes, both City and ,County, during
the past several years, and requesting that the City Council en-
deavor.to hold the City tax m£11age for .1963 the same as 1962
stead of increasing same as had been indicated in recent news arti-
cles.
5.a. Mr. Avery informed the Council that he had received a call from
Mr. Greenwood protesting the fact that there was no awning on the
small.beach pavilion, near Nassau Street.
City Manager Holland informed the Council that two.bids, in the
amounts of '$98.00 and $110.O0,had been obtained concerning the re-
placement of said awning, and that if.the work was to be done the
cost of same would have to come from the Beach Disaster ~und.
Mr. Avery then moved that the canvas for said pavilion be pur-
chased and erected as soon as possible, the.funds ~o come from the
Beach Disaster Fund. The motion was seconded.by Mr. Woodard and
carried unanimously,
5.a. Mrs. Avery /~lformed the Counc~ that he had a call from a member
of the Press concerning the proposed budget and asked that a copy of
said'budget be available to the Press at the time that it is deliver-
ed to the Councilmen, in .order that the Press may quote accurate
figures.
City Clerk Worthing informed Mr. Avery that a copy of said budget
would be available to the Press at that time.
5.a.~Mr. Avery said that the World~sFair for 1964 and 1965 would be
held ~in~New-York ~Ci~y and that the .St~'~.~;o~Flori~a would have a
section at the Fair, which in his op~on~, would be the outstanding
dis~alay ~from any State in the Nation, that the feature of same would
be the Porpoise Show. Further, that Mr. W. L. Stenagaard of Palm
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Beach would be in'charge of the Florida display and had given Palm
Beach County an ideal location in said display,~'and that the Palm
Beach County Commission had put up the money to pay the rent to re-
serve said locationl Mr. Avery'further stated that a co,pO'ration
had been formed to ~ut.the Palm Beach county display together~ and
that he had been selected as' Second Vice Chairman'and also ~S a mem-
ber of the ExecUtive Committee of said corporation which is known as
the Palm Beach COunty World.~s Fai~ ~uthority. Further, that the
Finance Committee is'making a budget to cover said display, with
commendations that the Board of Directors of said corporation Should
study ways of raising money to cover same, that some would come as a
special gift from industry and some from the participating communi-
ties, and that the participation of the communities would probably
be based on the per capita of the population of said community. Mr.
Avery commented at length on said project and said that it is his
desire to ask the Council to call a special meeting for the purpose
of hearing this story from Mr. Stensgaard in order that the Co~%pcil
and thq Public would know what is going to be done, what it would
cost and what Delray Beach could expect to receive..from the amount
of money that they would be expected to contribute.
Mr. Avery announced thEt at the next Chamber of Commerce Coffee
to be held at 9:30 A.M. on August 8th, at the Delray Beach Lions
Club, they would feature this Palm Beach World's ~ir Au~hori~y.
Mr. Avery said that he felt this is the best chance in &' lifetime
to tell the Delray Beach story to .the most people for the least money,
as it is anticipated that there would be 70,-000,000 people look at
such a display at the New York World'S Fair.
5.a. Mr. Woodard informed the Council that he had attended a con-
ference concerning a new Volkswagpn.. Agency for Delray Beach and
that a tentative agreement had been reached by which an individual
would be willing to bring his property and the Volkswagon Agency
into the City of Delray Beach. That~said property is Lots 3 thru 11,
and Lots 36 thru 44, Block 37, Del Raton Park and is presently con-
tiguous to the City lima. ts, further, that the annexation of this
property is based on city water service to him within the next three
or four weeks, as construction'should begin about that time, and also
based on his property being subject only to the normal tax operating
millage of the City. It was stated that this property was in the
vicinity of an existing water line. Mr. Woodard then moved that the
City Clerk and City Manager contact Mr. John Miller concerning said
annexation and send to him the necessary forms for bringing said
property into the City, and that the City.ManagerCheck with Mr.
Miller or his Architect ROy Simon to coordinate the extension of
water service with the building program. The motion was seconded by
Mr. Avery and carried unanimously.
5.a. Mr. Woodard asked that .City Clerk Worthing read the follo~ing
letter from the Christmas Lighting Committee of the Chamber of
Commerce, dated July 17, 1963.
"For several years the Chamber of Commerce has coordinated the
Christmas Lighting program in Delray Beach. The program has
consisted of Christmas lights along Atlantic Avenue from Swinton
toA1A and along Ni E. Second Avenue from Atlantic Avenue to N.E.
Third Street, the official opening of the~Christmas season with
the coming of Santa to the City Park, and a business and residence
Christmas Lighting contest.
Funds for this program have been raised through voluntary contri-
butions from Chambermembers an~ primarily down town merchants~
Approximately one hundred people have'contributed a total'of $900
to $1100 per year for the last three years.
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"This. money has been enough to pay for a minimum job after ob-
taining volunteer labor to install] take down and connect power
to the decorations. Last year, 26 large ornaments were purchased
with funds collected o~er the past two years. This was possible
because the City provided the labor to install and take down the
new decorations and Russ Jennings Provided temporary electrical
connections free of charge.
This year, 24 addkti'onal ornaments have been ordered at a cost of
about $1100.00. These will complete a two year program to deco-
rate every light pole on the two streets involved. Other ex-
penses of the program will run in the order of $100.00
The problem of providing electricity to the decorations still
existS. Florida Power and Light Company provides the electrical
power and the hook up to the system each year, free of charge.
They have also said that they will provide permanent wiring on
the poles involved, together with automatic (light controlled)
switches at a cost of $1384.00. This installation would be
permanent, safe and automatic and would greatly simplify the
installation, removal and control of the decorations that the
contributors are purchasing~
The Christmas Lighting Committee is hereby ~equesting that the
City of Delray Beach bear the cost of thisinstallation in order
to make possible the further expansion and simplification of the
lighting program. The expenditure will not have to be made until
November or December.
If at all possible, it is requested that action be taken on this
request at the July 22, 1963 meeting of the City Council so that
the Committee will know where it stands on this year's program.
If the City approves the expenditure,, the Committee can go ahead
with the order of the 24 new ornaments. If the City does not
app~ovethe ~xpenditure, the Committee will have to cancel the
order, use the anticipated $1200.00 in contributions for the
Wi~ing a~d not expand the lighting program this year. It was
necessary to Order the ornaments before July 1 to take advantage
of a 15% and 10~ discount. Cancellation of the order is possible
through August 15."
Following discussion, Mr.. Avery suggested that the City Manager be
asked to'~clude said amount of $1,384.00 in the anticipated budget
for 'the next fiscal year, and asked Mr. Kenneth Ellingsworth of the
Chamber of Commerce that if such action was taken by the Council, would
it ~be'sUf~icie, t assurance to the met&ha,ts to invest their money for
additional ornaments, tO which Mr. Ellingsworth said that it would be
sufficient assurance to them.
Mr. Avery then moved that the City Manager be directed to include
said sum of money in the proposed budget for the purpose stated. The
motion was seconded by Mr. Barrow and carried unanimogely.
5.a. Concerning Phase II of the Sanitary Sewer Program,.Mr. Woodard
asked if '[~ would not be wise to include the Planning Board in on
s~me ~roj'egtad thoughts for the expansion of the Sewer Program, fur-
ther,, that. there ~ad been numerous requests from various people for
in=lusiOn on the Sewer Program .and that .it would seem beneficial to
set up a Pr~0rity pro.gram for those areas which.would be most bene-
ficial to the City.
Mr. WOodard :~eD~ove4'~at the 'expansion of the_Sewer Program and
prob!ems"r~lati~,~ket° '~ referred t&~the P~anning~Zoning Board
for their gugges~$&~' and con~derati°n~Of area~"that':W0~ldhave
~rior[~yw~&re th'~ewer lines should he'extended beyond phase I.
-4- 7-22-63
·
City'Manager Holland said that there had been discussion concern-
ing same and that there would be no further expan~ion.'of the Sewer
Program within'a year~ '~'~ '' -'
Mayor' Diets explained that he'understands-~M~.· Woodard to mean
what ~uld be considered Phase II,after phase I is completed, that
it hae nothing to'do with cost at this time, but just'what Phase of
the projected program would be conSider~d asPhase
The motion was seconded by Mr~ Barrow and carried unanimously.
5.a. Concerning the-Committee appointed June 24th, 1963 to study
possib!e'aity maintenance of canals, Mr, Woodard asked City Manager
Holland if he had had an opportunity to dO any research on this
problem.
City ManagerHolland said there had been some research on this
matter, that a meeting had not been held concerning same, but such
a meeting was tentatively planned for this week~
5.a. Mr. Woodard asked if the proposed budget would be ready for
the Council at the next regular meeting and City Manager Holland said
that the budget would be ready on or before the next meeting;'
5.a. Mayor Diets informed the Council that the developer.-of the
South Point Shopping Center wanted to build a 900 seat theater on
their recently acquired land and that the only,thing' holding them up
was that they hadbeen told that' there had been some arrangement be-
tween the City and previous theater in Delray Beach that there was a
restriction upon the second theater to 'come into Delray. Further,
that said Shopping Center 'developer would not-annex this land to the
City unless he had the assurance from the City that he would be per-
mitted to build the theater.
During discussion,-MaYOr. Diets said that he'would like to,have a
motion that Mr. Woodard be appointed as a 'c-m~ttee:.'of'~one'to drive
this rightthrough tO completion, it being so moved by 'Mr; Barrow.
Mr. Avery seconded the motion.
City AttO~aeyAdams.:said that he had talked'2o M~.'Sauer and
asked him to find oUt'more~definitely what the basis~wae'for a re-
striction of a second theater, and if there had been such an agree-
ment it would have been illegal,
Mayor Dietz said that all Mr. Sauer wanted was a written consent
from the City that if he annexed'said land to the City. that he would
be permitted to build'the theater..
Upon call of ro11~ the motion carried unanimously.
Mr. Woodard informed the Council that he would 'report back.to the
Council on same as soon as possible, further, that he had been working
with another theater chain concerning possible building 'of a theater
which looks as though it'was very near completion, so 'between the two
proposals Delray Beach should shortly have a.theater.
5.a. Mayor Dietz said that he was much concerned with a matter of
Council policY, That during the 'time he had been on the'Council, ther~
had been three items the Council had acted upon and'then rescinded
their action, and in his opinion that would indicate that the Council
had acted too hastily or did not have all of the information, etc.
Mayor Dietz said this revolved mostly around the planning, and sug-
gested that without disrupting any of the procedures that the city
now has, when a recommendation comes from the ~lanning Board or.from
any Other committee, that the Council,have an open meeting on the
subject to determine what people may Say and in that way the City
Attorney would'have the ~enefit of that. thinking or discussionin
preparing an ordinance, rather than to prepare an'ordinance from a
recommendation from some board without discussion.
6~a. Concerning, proposed ~hange Order' No. 1 for Sewage Works Project
regarding the'k~nd of manholes to be installed, Mayor Diets asked
that this item be deferred until the next meeting, that he had talked
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to .the Engineers. and~they informed.him there was no necessity for
haste concern~ngsame.~ .....
City Manager Holland said that he hsd~discussed this ~te~w~th the
Eng~neerstoday and. there.~s.no necessity for action tonight, that
their only interest was that the longer it was prolonged for a deci-
sion was the fart that the:saving would be less than is now proposed.
Mr. Woodard moved, that this item be deferred, until the next .Coun-
cil meeting. Mayor Dietz relinquished the gavel to Vice Mayor Avery
and seconded the motion.
Mayor Dietz said this sewer project was designed with brick manholes
and that installation of same required a lot of labor, further, that
brick manholes were quality or this system would not havebeen de-
signed for their use. Mayor Dietz stated that he had inquired of
some of the organizations in the State of Florida who-use manholes
and they had made the statement that the labor to install them was so
great that it was much more advisable to pour same. Mayor Dietz said
that according to proposed Change Order No.1 the suggested savings
to the City was only three percept, and that he figured that on a
$77,000.00 contract the saving to the City should be much greater
than three per cent. Further, that he had also contacted one of the
largest contractors in the State of Florida and asked for a compari-
sonbetween brick and poured manholes,.and found that the poured man-
holes would cost thirty-four per cent less than the brick.
Mr, Barrow said that in his opinion the reinforced., concrete man-
hole w~utd be ~the best, and also questioned the percentage of savings
to the'City.
Upon ~call of'roll to defer action on the'm~tion co~erning item
6.a. l u~til the next~eeting was unanimously carried.
6.b. It was reported that Barbarossa & Sons, Inc. had requested
approval~of Cleary Brothers Construction Company as a sub-contractor
for the installation of: force mains East of the Waterway~ and City
Clerk Worthin9 read the.following letter from'the Consulting Engineers
pertaining thereto.
"Barbs=ossa& sons,~Inc, has requested that the Cleary
Brothers ~Construct£on Company be approved as a sub-con-
tra~tor to.construct force mains in.the Delray Beach
sewage Works Project (letter attached).
The~Cleary Brothers Construction Company was not listed
in the construction contract as a prospective sub-con-
tractor~ however, they are a prime contractor on Section
III of this project.
~ecommend ~pproVal of ~he Barbarossa & Sons, Inc.~s re-
quest-to use the Cleary Brothers,Construction Compan~ as
a sub-contractor for the construction of force mains,a
Mr.. Avery moved that ~he approval be granted. Mr. Barrow ques-
tioned concerning an ~increase in the ~o~tract where the sewer line
mayhave~to ~o~around a p~e~=e'of property instead.of the~way £t was
original}y.p~anned~would ~he sub-contractor add an increase in cost
and the-contractor also.add an increase. Mr. Avery explained that
according to the u~it type of contract used, the Contract is with
Barbarossa~and any-request, for an extraor change would come from
Barbarossa andnot ~eir sub-contractor, and it had to be in keeping
with the unit. pr.i.~e asestab~ishe~in the contract. C~ty Engineer
Fleming agreed with Mr. A~ery~s explanation. Mr. Barrow then second-
ed Mr,. Woodard~s~mot~on..that~the approva}:be ~ranted for Barbarossa
to =se' Clear~ Erothers Conatruction~Comp'any as a sub-contractor..as
requested. ~ .....
It was .made known that Barbarossa & Sons, ~nc., at the time of
signing their ~contract, had not Listed sub-contractors, therefore,
~his is t~hpir original appointment.of a:'sub-contract~r.. ,
Upon call of'roll, the motion carried unanimously.. ,~,
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6.c. It was reported that Barbarossa & Sons, Inc., had requested
approval for the employment of Hardrives, Inc. of Delray Beach as
a sub-contractor to replace and repair the lime rock and asphalt
surfaces on the sewage Works Project, also, that they =equeste~
permission to employ Dargel ConstructionCompany, Inc., as a sub-
contractor to install sewer pipe lines on said Sewage Works Project.
The City Clerk then read the following recommendation~ pertaining
to the requests of Barbarossa & Sons, Inc., received from the Con-
sulting Engineers.
"Subject: Sub-contractors, Sewage Works Project No. 5964-8a.
Barb&ross& a Sons, Inc. has submitted a request for approval
of sub-contractors as listed below:
.~ub-Contractor .T~pe of work
Hardrives Inc. of Delray Beach Pavement replacement
Dargel Construction company of
Oakland Park, Florida Installation of sewers
Barbarossa & Sons, Inc. did not list either of the two contract-
ors above as prospective sub-contractors in his Construction
Contract.
It is not unusual for a prime contractor to use a sub-contractor
who is a specialist in his field~ therefore, recommend that
Hardrives, Inc. of Delray Beach be authorized to be used as a
sub-contractor on this pr¢,Ject.
It is unusual for a prime contractor to sub-let portions of his
prime.contract unless he could get it done ara much cheaper
price. It ~s felt'that if a sub-contractor Us. approved for
sewer work, the chances of inferior workmanship would increase,
Recommend that the Dargel Construction Company of Oakland 9a=k~
Florida be disapproved as a sub-contractor to Barb&ross&& So~
Inc."
It was made k~ow~ that Barb&ross& & Sons, Inc. had listed no sub-
contractors for this work at the time of signing of'their contract.
Mr. Avery moved to approve Hardrives, Inc. of Delray Beach as a
sub-contractor to Barb&rosS&~& Sons, Inc. for the purpose of paving.
The motion was seconded by Mr. Barrow and unanimously.carried.
Mr. Woodard moved that DargelConstruction Company be disapproved
as a sUb-contractor'to B~rbarossa &Sons, Inc. The motion-was sec-
onded byMr. Barrow and carried unanimously.
6.d. The Council was informed that in compliance with their request
of April 22nd, they had been furnished with the recommendation of the
City Manager, the Chief of Police and the affected buildingm's archi-
tect, Mr. Kenneth Jacobson, together with detailed plans of the
possible schematic solution for pEoposed alterationsor additions to
the City Jail asr prepared by Mr. Jacobson.
The CityClerk read the following letter from Architect ~enneth
Jacobson, dated July 17, 1963.
"Reference is made to the proposed.alterations and/or additions
to the present city Jail. The requirements ~iven to this. office
was to provide.facilities to house sixteen additional prisoners.
If possible the area adjacent and west of the present jail could
be utilized for .this purpose.'
After considerably studying the problem the three following
schematic solutions were analyzed~
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"A. Four man cells with day room, safety vestibule, and
visitors area. This required the.building to be en-
larged 6t x 19t.
'B~ Eight man cells with day room, safety Vestibule and
one individual cell.
C.- Dormitory type ~lat provides for sixteen in double deck beds, with day room.
After consultation with the City Manager and the Chief of
Police, it was agreed that the most economical (C. Dormitory
type), solution is to be recommended. The estimate for this
arrangement is as follows=
Gunite walls and ceilings w/mesh (Fireproofing) $3,2?0.00
New concrete floor w/mesh 560.00
Grille Work, locks, etc. 8,085.00
Plumbing, hot water heater & D.P. 2,370.00
Electrical work, exhaust fan~ 868.00
Alterations to building, windows, doors, etc. 1,333.00
Con~ingencies 2,139.00
Pain~ing 520.00
Totai "' $19,145.00
The above are approximate costs only. Detailed drawings and
specifications are necessary for firm prices."
Mr.-Woodard asked Finance Director Weber when the additional
cigarette tax revenues, that the council voted to be used. for Capital
Improvement, could be drawn upon, to which Mr. Weber answered that
'funds Would be available as soon as the new appropriation was made
and the first.Tevenues collected, and that it.was anticipated that
the additional revenue from that source would be approximately
$72,000.00 for the purpose of Capital Improvement. Following dis-
cussion and questione, Mr. Weber informed the Council that the money
for improvement and~pansion of the jail could come from the Improve-
ment Fund or the General Fund, whichever the Council decided upon.
It was brought out that these were only sketches of proposed
alterations and additions furnished to the Council at this time, that
there should be~a meeting to select ~he plans desired in order to in-
struct the architect to draw said plans and specifications.
City Manager Holland informed the Council that he and Chief Croft
recommended:the cheapest plan~ Mayor Dietz asked that the City
Manager have Police Chief Croft, Architect Kenneth Jacobson, and City
Attorney. Adams present for a special meeting with the C~uncil at
P.M., August-12th. 0 prior to .the regular ,Council meeting of that date.
Mr. Avery moved that this item be considered .as suggested, one.
hour before the next regular Council .meeting. The motion was seconded
by Mr. Woodard and carried .unanimously.
6.e. Con~ideration.of changing the-traffic.pattern to s~rvice the
main 1iff'station located.in the City Park~ City Manager Holland
formed theCouncil that he had tal.kedwith the. Consulting Engineers
who agreed with him that it would be a mistake and a hazard to service
this.master lift station from Atlantic Avenue. City ManagerHolland
explained that an_alternate route would, be on Northeast First Street
a~d a twelve foot road placed directly over the main sewer line to
the lift stat£on.,~ ma,king the road in the form of a T at the lift
station. The City Manage= further stated, .that the question had been
brought up about the road. being too close to the Lawn Bowling, also
that the Engineers did. not approve of it being built too close to the
Canal. The City Manager then displa.y~.., and explained the plans for
this road as proposed by the Consulting Engineers.
-8- ~-22-63
Mr. Avery said that there had-been much demand 'in the past for a
place in Delray Beach to roller skate. That there had been such a
place at the old Boy Scout building which was destroyed at the time
of City Hall construction. Mr. Avery said that the thought occurred
to him that this street to service the lift station would be a good
opportunity to provide a concrete drive, hardened and with a green
sealer, instead of ablack asphalt street directly through themiddle
of the park, and that this concrete street as described could be' con-
structed for a little more cost than the asphalt street, and would pro-
vide a recreational facility that is needed, same to be paid for by
the Sanitary sewer funds.
Following lengthy discussion, Mr. Avery moved that the approach
from First Street be approved with the direction tothe Engineers
that they prepare specifications for a concrete drive with a hardener
which would prevent the chalking fromskating and with a green color-
ing to blend in with the park, the motion beingseconded byMr. Woodard
,. Mayor Dietz said that he did not think the road should be-directly
through the middle of' the park, that it' dld.no~ .have to be placed over
the sewer line, and that it should be placed as close to the Canal as
possible. There was discussion as to the water in'the perk at time of
high tide and the advisability of constructing a road close to the
Canal. Purther, that he would prefer to see the road sgaked out in
the park and that the Council inspect it personally before a decision
was made.
Mr. Avery and Mr. Woodard withdrew their motion and second concern-
ing construction of said road and Mr. Avery then moved that this be
placed on the agenda of the next meeting, and in the meantime the .road
be staked out in order that the Council-may be in complete accord on
what they want. The motion was seconded by Mr. Woodard.
Miss DorOthea Galvin suggested that if this added recreation facil-
ity is placed in the park, there should be some study and instal-
lation of traffic lights on the two Pederal Highways .in order to slow
traffic down that children would have greater protection 'in getting to
the park.
Mr. Avery said that he felt consideration should be given to lights
and that the State Road Department should be petitioned to consider
lights at First Street where it crosses the two Federal Highways.
Mr. Barrow said that he did not approve of the road being in the
middle of the park but as close to the Canal as is feasible.
Upon call of roll that this' item be placed on the next agenda, and
that in the meantime the road be staked out in the park that the Council
may inspect it, the motion carried unanimously.
6.f. The City Clerk informed the Council that' approximately 8.8 acres
of city owned land lying between S. W. 5th and 8th Avenues and North
of 6th Street, was covered with heavy scrub growth unable to be clear-
ed by city equipment. That s low bid of $548.00 had been obtained for
the clearing, grubbing and piling of all trash and material on said
city land, and that an approprlation'of said amount of money from the
Contingency Account is requested for such clearing.
Mr. Woodard moved that said city property be cleared and that funds
for same come from the Contingency Account-in the amount of $548.00.
The motion was seconded by Mr. Avery and carried unanimously.
7aa. The Council was informed that the owners of improved property
on Bolender Street in Tropic Isle Subdivision unanimously request
that said. public street be renamed Bolender Drive. That nearly all
other east-west public highways in the SubdiviSion are "Drives" rather
than "Streets" and that thereare no public highways within the city
named Bolender Drive.
The City Clerk read RESOLUTION NO. 1458.
-9- 7-22-63
25O
A RESOLUTION OF TH~ CITY COUNCIL OF Tits CITY
OF DSL~AY BEACH~ FLORIDA, CHANGING THE NAME
OF BOLBNDER STREET, TROPIC ISLE SUBDIVISION
TO BOLENDER DRIVE.
WHEREAS, the property owners residing on Bolender Street, Tropic
Isle S~l)d.tvision have unanimously requested that said public street
be ~e~amed Bolender Drive,
NOW, THEREFORE, BE-IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA=
1. That the name of Bolender Street located in Tropic Isle Sub-
division is hereby, changed to Bolender Drive.
PASSED AND ADOPTED on this 22nd day of July, 1963.
Mr. Avery moved that Resolution No. 1458 be passed on first and
final reading, the motion being ~econded by .Mr. Woodard and unan-
imously carried.
?.b. City Clerk Worthing read the following resignation of James
J. Johnson from the Recreation Advisory Board, dated June 21, 1963.
"Please accept this as my resignation from the Delray Beach Recre-
ation Advisory Board.
I have enj.~yed serving on-this committee and wish to express my
appreciation to the other members of the committee for their co-
operation and interest."
Mr. Woodard .said that as an Ex-Officio member of the Recreational
AdvieoryBoard he had talked with other members of said board and that
the~.~eeltng ks that the advisory committees the City has set up
during the course of the past year or so at these various recreational
faciliti~s, have worked so effectively and so efficiently through the
City .Ma.~agec~that the Advisory Board as such has not had to function
to a~..~,extent during the past year. Mr. Woodard further ~tated that
the. memb~,s~of the Board, that he had talked with, were agreeable to
continue i~ their capacity on the Board, but they were also in agree-
ment w~th the .Chairman that the function of the Board had passed and
that some consideration should be given to there being no further
utilization of said Board. City Manager Holland said that he thought
the Board should be dissolved since the functions are now being per-
formedby committees for these various recreational activities.
Mr. Avery then moved that the Recreational Advisory Board be
dissolved, the motion being, seconded by Mr. woodard.
_Mrs, Albert Husa of 27 N. W. 1st Avenue said that she di~ not
favor ellmtnating .advisory boards as that' is breaking down-~he
structure of good city government.
It was pointed out that instead of one over-ell Recreational
Advisory .Board that had existed in. previous years, there had been
several advisory committees appointed for the various recreatio~al
facilities, which seem. ~0 be working out very~atisfactorily.
Upon call of roll on the motion to dissolve the Recreational
Advisory Board, the motion carried unanimously.
Mr. Woodard then move~ to accept th~ r ~ignatio~ pf Mr. James J.
Johnson from-the Recreaticrml. ~visor~ ~ ~..d Th.~ ~.~ion was seconded
by Mr~ Barrow and carried unan~i, mou~.,
Mayor Dietz commented as fo/lows: "I would like to make a motion
in the interest of u~ifgrmity and ef~¢i~ncy~mymotion ks this:
That all reports and .communications from any'~ommittee appointed by
the Council be referred to the City Manager for transmittal to the
Council ."
-10- 7-22-63
Mr. Woodard sec0nddd the motion',~'~and there being no objections
from other Cou~cilm~n, MaYOr Dietz ordered the mo~ion',unanimously
carried.
Mr. woodard asked that letters of appreciation for their services
be sent 'to the members of the dissolVed.RecreationalAdvisor~ Board.
8.a. City Clerk Worthing read ORDINANCE NO. G-491~~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, R~-ZONING AND PLACING ,CERTAIN
LANDS IN DELRAY BEACH, IN "C-2 GENERAL COMMERCIAL DIS-
TRICT'', AMENDING '"ZONING MAP OF DELRAY BEACH, FLORIDA
1960"~ AND PLACING CERTAIN CONDITIONS ON SAID REZON/NG.
(Copy of Ordinance No. G-49~1 is attached to and made',a part
of the~official copy of t/%ese.minutes.) (See Page 258-A)
There being no objections to ,Ordinance No. G-491, said Ordinance
was unanimously passed and adopted on second and final reading on~
motion by Mr. Woodard and seconded by Mr. Barrow.
8.b. The City Clerk read ORDINANCE NO. G-492.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY-OF
DELRAY BEACH, FLORIDA, AMF. NDING SUB-SECTION (C),
SECTION 29-7, CHAPTER 29OF THE CODE OF ORDINANCES
OF THIS CITY PERTAINING TO ~BUILDING HEIGHT REGU-
LATIONS IN THE R-3 MULTIPLE FAMILY DWELLING~ DISTRICT.
(Copy of Ordinance No. G-492 is attached to and made a part of
the official copy of these minutes.) ('See Page '258-B)
Miss Dorothea Galvin commented on the ordinance and said if -
there was R-3 z~ning on the West side of the canal 'which would permit
100 foot buildin'~s, that it may decrease the value .of valuable single
family residences directly opposite' on the East side of the canal.
There was lengthy discussion and comparison of the zoning on
opposite sides of the canal, and it was made known that the Planning
Board and Council hud studied .th.is item quite' extensively.
City Clerk wor~h~;ng read the following letter that he had re-
c~iPed from Mr. C. D~ Russell, dated June 27, 1963.
"This wall confirm our conversation of yesterday in the course
of which I withdrew MRS.. Russell's and my petition for annex-
ation to the City of Delray Beach of our residence property on
Brooks Lane which petition has not yet been acted upon by the
City Commission. As you will recaII our .action in petitioning
for annexation was in conformance wit~[my promise to Mayor Dietz,
.based upon the contents of Ordinance No. G-485 regarding, building
height regulations in R-3 districts. After passage on first
reading several weeks ago this ordinance 'was apparently tabled
and has been superseded by Ordinance No. G-492 which had it's
first reading last Monday night 'when I happened to be absent
from the City. I regard the contents of this substituted ordi-
nance as greatly detrimental to the interests of Delray Beach
generally and in addition to withdrawing our petition feel under
obligation to call this recent action by the City Commission to
the attention of other property owners in our area who have here-
tofore intended to petition for annexation. I should think that
the City '~6~mmission would find it highly undesirable, and con-
trary to ~he :public interest to'attempt to adopt zoning regu-
lations when So many property owners whose interests are vitally
affected are absent from the city during the summer months."
-11- 7-22-63
Following further .comments concerning Ordinance No. G-492, Mayor
Dietz.con~ented as follows.- "I would like' defined in this.Ordinance,
what an ocean front lot is and what an inland ~aterway lot is. For
example, everyone thinks.that an ocean front lot is a lot ~hat fronts
on the ocean and stops at AIA. That wouldn't necessarily be so, if
the one that owned t~.e ocean ~.lot owned the lot that faced on A1A, so
that you could' bUi'ld on an ocean front lot on the West side of AiA
with such a situation,, and i think that the Counselor. should, by way
of definition., because we have specific thoughts in voting for or
against this,, that the o'cean .front lot is a lot that is touched by
the ocean and. A1A and. when you get up in the other part of Delray it
is a lot that is on the west side of AIA but the ocean touches the
East side of A1A. I think that in some way that should be described.
Likewise, the lots on the Inland Waterway Should .be defined so that
it couldn't be something that would run right through town. I know
that is not the intention of the Council, at least I have not under-
stood it to be. They are thinking in terms of lots. that are on the
ocean and lots that are on the Inland Waterway. What I have talked
abOut might be somewhat hypothetical, but it is probable. I wonder
if we oould do .someth~.ng like that? We could do it in a separate
ordinance."
City Attorney Adams commented: '"I think it could be done in a
second ordinance, however, by the statement you have just made I
think you have lSgisIative intent if they do pass this ordinance
immediately after, you have made your statement, that it would be
considered.jUst the lots facing, the ocean South of the seagate.
North of the.,,Seagate, to the. North end of the beach ~it would be the
lots immed~a~ly facing A1A. On the..Intracoastal it would be just
those lots bordering and adjacent to the Intracoastal, and as Mr.
Hughson has just poir~ted out-most of these lots are lots of record
in almost-every case and the street would certainly separate those
lots. I think that al! along the Intracoastal and all along the
beach they are lots of record now and t~ey couldn't buy. the piece
'to the West and make t~at one lot. I would say with the statement
that you ~have made, if they pass this ordinance, you can go behind
the Ordinance and get. the ~legislative intent of the people passing
There being insufficient objections to OrdinanCe No. G-492, said
Ordinance was unanimously passed and adopted on this second and final
reading on. mOtion by Mr. Avery and seconded by Mr.. Woodard. Mayor
Dietz qualified his vote in that it was his understanding that Mr.
Talbot was agreeable to said Ordinance.
8.-c.~ City Clerk Worth~ng read ORDINANCE NO. G-494.
AN ORDINANCE OF THE CITY COUNCIL OF THE CXTY~OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2'7-3 O~
THE CODE O~ ORDINANCES OF DELRAY BEACH, R~V~NG
~%ND.FI]~IN~ RATES. FORWA~R SERVICES FURNISHED TO
CONSUMERS~ WITHI~ AND .WITHOUT THE CORPORATE LIMITS
OF DELRAY BEACh.
"(~opy of Ordinance No. G-49.4 is attached t~o and made a part of the official copy of these minutes..] (See Pa~e ~8-D)
.There being no objection .to ordi~nce ~No, .G~494, said Ordinance wa~
u~animously passed and adopted .on seCOnd a~d final reading on motion
by M~. Woodard and seconded by Mr. Barrow.
9.a. Concerning a report by ~he City Ma~Sg.er.as requested by Mayor
DietZ ~=egarding a communication from the Lawn Bowl!.~g Club, dated May
28th,. C~Y Manager Holl.and~informed the Council that he..was unable to
determine the problem of the Lawn Bowling .C~ub other than the. fact
~12- 7-22-63
'253
that their field was unlevel~ That he had the property surveyed and
found it robe '~ligh.tly'unleVel, and same ~ould be corrected.
9.x. Mayor Dietz asked City Man~ger Holland if the policy of oper-
ation at the Shuffieboard Court had been taken care of~' CityManager
Holland commentedas follows: "The collectiOn down thereis practi-
cally hill as far as money is concerned. They take Care of their own
trophies~ we are not out'anything down there-except the lights and a
little maintenence which is les~-'than $500.00a year.
It was reported that there was satisfactory and pleasant operation
at the Shuffleboard Courts at this time.
9.b. Mr. Vince Canning, President of the Chamber of Commerce reported
as follows concerning its. advertising budget. "Mr. Mayor, and-mem-
bers of the Council, as the President of the Chamber of Commerce it
was a pleasure that you invited us to appear at a Council meeting to
express'to you the way the advertising budget had been administered
for the year 1962-1963. This of course has been in accordance~with
section 82 of the City Charter that an advertising and a publicity
budget be e~tablished within the city. In many cities, some the same
size or even smaller, an Advertising Director is employed o~ either
a full time or a part time basis. This in turn increases the cost of
the expenditures of the city. Some~years ago the Chamber of Commerce
was asked to administer the'budgeted figure established by the-city
for the advertising and publicizing of Delray Beach. In order that
this fund may be put to its fullest use, the Chamber of Commerce has
.provided an Advertising committee and members of the Chamber staff to
administer to this program. This is done at no expense to the city.
I would like to call this point to your attention. This is.not a
contribution by theCity to the chamber of Commerce,-bu~ an expendi-
ture towards the advertising of your city. Ih other words, noneof
the money used' in this fUnd is used" in~'the operational budget of the
Chamber of Commerce which relies solely and'cOmpletely on its member-
ship. Following is the yearly report of'the activities and the end
results of the 1962-'1963 Program as administeredbY-the C~amber of
Commerce.
No. 1. Paid Advertisinq space, A total of $12,190.00 was spent
for paid space in fifteen newspapers blanketing a prime tourist area
in the Northeast, Midwest and Canada. Several inserts in Holiday
Magazine Supplemented these neWspapers.· Prom October~l,. 1962'thru
July 15 of this year, 5,206 inquiries were answered at the Chamber
of Commerce and literature and information outlining the advantages
of vaCationing'in Delr~Y Beach were'furnished to each of these 5,000
odd inquiries~
No. 2. PrOcesSinq of ~a~.l. ~1,400.00 was used for processing of
inqU~ies received through the mail as a result of the advertising
program. This includes postage, envelopes and inserts that were sent
out. '
N~ .3t Broc~u~ies. I bel.ieve all of you-are acquainted with the
new brochure that we Published thie year. An attractive new four
color brochure was produced and is currently being distributed to
several agencies, automobile clubs, county and welcome stations,
Florida ShowCase in New Yor~ and otherChambere'~of Commerce~ Twent~
thousand, approximately a tW°year supply were printed at a cost of
$5,160.00. The expected life of this tYPe of a brochure is five
years, and reruns will be purchased in the~'future at a fraction of
the original per COst of this.
No. 4. PublicitY. Two hundred news stories, that is the ty~e of
items whi'Ch we are referringto here,'news, stories and pictures that
go out throughout the country. Two hUndred~news stories with.phOto-
graphs were released ~n magazines and neWspaPers and;~Journalsover
the country. These stories featured distinguished'visitors,..fishing
-13- 7-22.-63
and sporting events and general information about stories in refer-
ence to Delray Beach. Photographs purchased in the fund were used
in the Chicago Tribune Story of January 2?th, byway of an example.
Total cost of this expenditure for publicity was $900.00.
TOtal expenditure of the advertising budget as provided by the
city last year is $19,650.00.
The Directors of:the Chamber of Commerce would like to express
thanks to the Council for the esta. blishment of this fund which has
paid for itself many timesover in the increased tourist business
to Delray Beach and our sincere thanks go to the Advertising Committee
which is headed by HOward Smith and George Talbot. Thank you, sir."
Mr. Canning explained that advertising in the Northern papers was
done during the win~er, particularly November, December, February and
March.
Mr. Avery asked if there was any consideration being given to pro-
motion of the Delray Beach summer season, to which Mr. Canning replie~
that the winter season was the p~ime season, therefore, the greater
bulk of expenditure had been devoted toward the winter tourist.
10. City Manager Holland informed the Council that he had a memo-
randum from Finance Director Weber concerning an offer that had been
made to sell the city nine bonds of the 1951 refunding issue, retir-
ing January 1, 1969 at $99.25, with option to buy expiring at 10:00
A.M., Tuesday, July 23rd, and that these bonds would cost the city
$8;932.50 plus accrued interest.
There was di-scussion, but no action taken on this item.
i0. City Manager Holland said that he was working on a.solution to
get al! of the streets, being torn up ~v the sanitary sewer project,
put back in good shape without patching, ..waves, etc., same to be
cO,vered~bythe sewer ~ond.~issue.. That said cost would amount to be-
tween $30,000.00 and $40,000..00 and with Council perm£ssion he would
like to pursue it further.
Mayor'.Dietz'~exple~ne~, .for the benefit of the public, that where
the streets are torn up for sewer installation, the contractors
are to put the streets back as good or better than they were, but that
it would be impossible to match paving, therefore, there would be an
irregular line and color. ~urther, that the CityManager has been ·
working on the idea. that instead.~of having the contractors put back
only the part that was torn up~..they would repays each street in its
entirety, which would make a good ~nd nice ~ooking street, and that
money'could come from.sewer funds b~cause the street would not have
been torn up but for the fact that the :sewers were put .in.
Mr. Avery moved that the City Manager be ~irected to proceed with
this itemto its-final conclusion, providing the money will come from
the .sewer fund. The motion was seconded by Mr. Woodard and carried
unanimous'ly.
10. City Manager Holtand commented on drainage in connection with
the State in .the widening of West Atlantic Avenue.
TheC'ity C~erk ~ead the following memorandum-fro~. City Engineer
F~emi~ng, ~ated July 18th.
~"Subject= ~Drainage - Atlantic Avenue..
In connection .with the ~roposed widening of Atlantic Avenue from
8wintonAvenue west, the state Highway-Depar~4nent has designed a
drainage system which~wi11 carry the-water from.the right-of-way
west under the railroad and into the present Eh4 Canal.
The drainage for which~ the State Highway assumes responsibility
howe~msr, is. only that~ortion which wo~ld ~ormally stand on the
proposed 'right-of-way. Several months ago this office requested
the State Highway Department to make a study with respect, to in-
creasimg thesize of its proposed.pipes s~fficiently to permit
=14- 7-22-63
drainage 'of the low-lying portion of, this area whioh is-the
citY'sresponsibility. A.Similar. arrangement, you willremem-
bar, was made with theState Highway 'during the construction
of 'the ;new Federal Highway, through the city.
Rovghly the area which w0,uld be the city's responsibility ~
would include the portion, fromSwinton to the. railroad extend-
ing abouta block and a half south.of the proposed Atlant!=
A~enue and varying from two to three.blocks north of Atlantic '
Avenue. A certai~ ~ortion of this area will be drained as the
responsibility of the highway people.
Mr~ Claudewhite, of the State HighwayDepartment, estima~es
that the cost of drainage for the state's portion would be
$167,300 and if the area was extended to include the portion
desired by the city, this would he increased to $321,300 or a
total additional cost of $154,000 which would have to be paid
by the city. It-should further be noted that this $154,000 only
includes the placing of the larger sized pipem to facilitate
draining into them and does not include the actual cost of the
laterals carryii~g the water to these pipes.
The above figure compares with the cost of only $33,000 which
the city'paid for the increased size of the outfall pipes in
the construction of the Federal Highway. The reason for this
much higher cost is that the proposed pipes will be. laid on a
very flat grade, and any increase inthe required capacity re-
sults in a very sharp increase in the size of pipe necessary
to carry the water.
A plan will be available at the council meet,ing showing the
area defined as the state Highway'sresponsibility~and the
additional area requested by the city.
This cost seems ex~essiveiYhigh ,for the benefits derived,
but the council might desire, that the city participate on
the basis of a smaller area to be drained.
You will remember that in,February 1961 the city received an
engineering report from Brockway, weber and Brockway with re-
gard to draining the southwest section. The recommendation
at this time was for the construction of a north-south canal
to tie into the proposed C-15 Canal, for which construction
is now started'~ .The estimated cost to' the city for the north-
south canal was $297,460.- however, this would have drained a
much larger area than thatrequestedof the State. Highway.
The State'Highway Department has requested an answer from the
city as to whether or not it wishes to participate in this
drainage so that they mayprocee~.with their design."
City Engineer Fleming explained how the low section in the South-
west part of town is now being drained and that if the city did parti-
cipate with the state in the drainage in connection with the widening
of West Atlantic Avenue, in the amount, of $154,000. that same would
not drain the Southwest section and they would stillhave to in~tall
the secondary drainage to bring thewater into' the canals.
It was made know~ that the drainage condition could be better, but
not adequate, when the construction of the C-15 Canal is completed,
even though the city did not construct their proposed North-South
canal. The City Engineer said that the expenditure to drain part of
the area to the state drainage on West Atlantic Avenue would reduce
the anticipated cost of $297,460. for the North-South canal but that
he did not know to what extent.
City Engineer Fleming recommended thata committee consisting of
-15- 7-22-63
a representative of the Council, the City Manager, City Engineer,
an Engineer of Brockway, Weber and Brockway, and Mr. Claude White
of the State ~ighwaYDepartment, be appointed to study-this in de-
tail and report to the Council. Mr. AverY suggested that Mr. Talbot
represent the Council on this committee along with the City Manager,
City Engineer, Mr. White and Brockway,Weber and Brockway Engineer.
Mayor Dietz suggested that said committee be appointed with power to
increase the nUmber by appointing members.that they feel are quali-
fied, it being so moved by Mr. Avery.- The motion was seCOnded by Mr.
Wood&rd and carried unanimously.
10.x. The following memorandum from City Engineer Fleming concerning
WeetAtlantic Avenue street lighting~ dated July 18, was read=
"Subject= Street Lights - Atlantic Avenue
'The Florida power-& Light Company has been asked to make a survey
and recommendations for 9roper street lighting for Atlantic Ave-
nue from Swinton to the west city limits in connection with the
proposed widening thereof.
This survey has been made and following are their recommendations~
Repla~e~sting incandescent and mercury vapor lights
with app~Oximately 196 mercury vapor lights on concrete
poles, where feasible, using 100' opposite spacing with
6~ of the following lamps.
(1] ?000'~umen lamps giving .83 foot candles (lumens per square
foot) at an additional cost to the city of $9000 per year
approximately.
(2) 11,000 l~en lamps giving 1.3 foot candles {lumen per square
foot.) at an additional cost to the city of approximately
$12,000 per year.
(3) 20,500 lumen lamps giving 2.4 foot candles (l~mens per
square, foot) at an 'additi0n&~ cost to the city of approxi-
mately ~20,000 Per year.
Mr. Senior further states that the recommended lighting for the
tYPe'street this~w~ll be after ~W~dening is frmm two to three
foot candles (lumens per squa=e foot) therefore they recommend
Plan %3 or a~ least Plan .~2 ~he ~ntention cf going to Plan
%3 within a coUPle o'f years.
For comparison itshouid be noted that Plan #2 is approximately
the same lighting as provided on Atlantic Avenue from the Intra-
coastal waterway to the'~e~eral H~ghway.
As soon as c0uncil decides what lighting is desirable, the
Florida power a Light people .should be notified so that they may
order material and~coordinate their pole locations with the State
Highway designers."
City Engineer Fleming said that he recommends s.~ep 2, which can be
increased later if it is found to'be'~insufficient.
Mayor ~ietz asked for locations where the Counc~l~uld go at night
to observe the three d~fferent types of lighting that are mentioned
in said memorandum, ~after which the council would ~a~e.~' &orion on the
type Of lighting de~ired.
10.x. City Clerk Worthing reported that on June 24th, 1'963 the
Council authorized the City Manager to proceed with the improvement '
of that part of N. W. 12th~Avenue lying between west Atlantic Avenue
and ~. W. 2nd Street. That sea~ed bids we~e' opened in'the office of
the Public Works Department at 10:00 A~M., Friday, Jul~19, 1963 for
said cone~rmction, and are as followS, and that it is recommended
-16- 7-22-63
that the award be made to the lowest bidder, Hardrives of Delray,
Inc.
"Start - Complete
Hardrives of Delray! Inc. $8,758.75' 10 d&ys 75 days
Rubin Construction Co.
West Palm Beach, FlOrida ~12~000.00 10 " 45 "
Mr. Woodard moved that'the bid b6 awarded as recommended, the
motion being seconded by Mr. Avery and unanimously carried.
10.x. The C~ty Clerk read the following Planning Board Report, dated
July 18, 1963.
"The Planning Board held a public hearing for the purpose of
hearing objections to a rezoning r~quest for Lots 12 through
19, Block 12, Osceola Park, from R-I-AA to R-3. Members
attending were=
Chairman, pro tam, K. Jacobson
"Col. Fabens
J. Kabler
R. Hanna
S. Lankton-
Nineteen (19) property owners were notifiad~ only one (1)
appeared from this group to object. There were several
property owners from across the waterway who. attended, and
voiced their objections!
Mr. Schell, the owner of the' property, presented an actual
photograph of a co-op apartment building that is proposed
for the property.
Several letters were presented that opposed the rezoning.
They are on file in the office of the Zoning Director.
After the public hearing was adjourned, the Planning Board
discussed the proposal. It was moved by Col. Fabens and
seconded by J. Kabler and unanimously passed, that the
Planning & Zoning Board recommend that the proposed rezoning
be denied, on the basis that it is out of character with the
areas to the north and south of this property. The proposed
R-3 would be spot zoning."
The City Clerk was directed to place this item on the Agenda of
the next regular Council meeting. -
10.x. The City Clerk read the following PIanning Board Report.
"In regards to request by Council that a study of the building
code be made, to effectively reinforce certain sections of the
building regulations, we suggest that Se~. 703.1 (a) of the
Supplement to the Southern Standard Building Code be amended
to read~
When a building is divided by a fire wall, AND ADD,
(or a party wall), each section shall be regarded
as a separate building.
We feel that the proposed change will help to eliminate the
possible recurrence of smoke damage, to occupants of. other
stores or business in the same building."
The City Clerk was directed to place this item on the Agenda of
the next regularCouncilmeeting.
-17- 7~22-63
10.a. The City Clerk presented bills for approval as follows=
General Pund $135,939.59
Water Fund-Operating
Fund 17,915.95
' Special Assessment
Fund 126.11
Refundable Deposits 57,307~40
Special Trust Acc't. 268,177.48
The bills were unanimously ordered paid on motion by Mr. Woodard
and seconded by Mr. Barrow.
The meeting adjourned at 10=45 P.M. by order of Mayor Dtetz.
City Clerk
APPROVED:
MA Y O-.R
-18- 7-22-63
258-A
ORDINANCE NO. O-491.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONINO
A~ PLACING CERTAIN LANDS IN DELRAY
B~CH, IN "C-2 GENERAL COMMERCIAL DIS-
TRICT'', AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA 1960"; AND PLACING CER-
TAIN CONDITIONS ON SAID REZONING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. That the following described property
in the City of Delray Beach, Florida, is hereby rezoned from
R-IAA to C-2 General Commercial District, as defined by Chap-
ter 29 of the Code of Ordinances of the CitY of Delray Beach,
Florida, to wit:
That part of the West one-half of Lot.19,
Section 8, Township 46 South, Range 43
East, lying South of the existing right-of-
way of Lake Ida Road except the South 150
feet thereof, Delray Beach, Florida.
SECTION 2. That the Building Official of said C~ty
shall upon the effective date of this Ordinance change the
"Zoning Map of Delray Beach, Florida 1960", to conform with
the provisions of Section 1 hereof.
SECTION'3. That the re-classification of the afore-
said property is subject to an agreement, dated the 21st day
of June, 19'63, between the City of Delray Beach, Florida, and
Lake Ida Development Corporation, which agreement shall be re-
corded in the Public Records of Palm Beach County, Florida.
PASSED in regular session on the second and final
reading on this the 22nd day of July, 1963..
/S/ WALTER DIETZ ,
MAYOR
ATTEST:
/S/ ROBERT q, MORTHING City Clerk
First Reading . June P~%, 1963
Second Reading Julw 22. 196~
ORDINANCe, No. e-49z
AN ORDINANCE 0F THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SUB-SECTION (C), SECTION 29 - 7, CHAPTER
29 OF THE CODE OF ORDINANCES OF THIS CITY
PERTAINING TO BUILDING HEIGHT REGULATIONS
IN THE R-3 MULTIPLE FAMILY DWELLING DIS'
TRICT.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
0F D$~RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Sub-section (C), Section 29 - 7 of the
Code ~f Ordinances of the City be and the same is hereby amended
to read as follows:
"Sec. 29 - ? , R-3 Multiple family dwelling district.
(C) BUILDING HEIGHT REGULATIONS
On ocean front and intracoastal waterway front lots,
buildings may be erected to a height not exceeding one hundred
(100) feet, measured from the highest finished grade to the
ceiling of highest floor. Buildings in other R-3 districts may
be erected to a height not exceeding forty-five (45) feet,
measured from the highest finished grade to the c, eiling of the
highest floor."
PASSED on second and final reading in regular session
on this the ' 22nd day of'.. ~fulv .... , 1963.
ATTEST:
/.s/ ROBERT D.
'" City: Clerk
First reading June 24. 1963
Second reading' ....July 2~2. 1963
088
~58-¢
ORDINANCE NO. G-493
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 29 - 7.5, CHAPTER 29 OF THE CODE
OF ORDINANCES OF THIS CITY PERTAINING TO
BUILDING SETBACK LINE~ ON ALL WATERFRONT
LOTS IN THE VARIOUS SINGLE FAMILY DWELLING
DISTRICTS OF THIS CITY.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Section 2~ - 7.5, Chapter 29 of the Code
of Ordinances of this City, be and the same is hereby amended
by adding Sub-section (11) which shall read as follows:
"Sec. 29 - 7.5 General Provisions and Exceptions.
(ll) Setbacks on all intracoastal waterway lots
(including finger canals) in R-1AAA, R-1AAAB, R.tA~ an~-R-lA
single fam/ly dwelling districts shall be not less than twenty-
five (25) feet from all front and rear lot lines."
PASSED on second and final reading in regular session
on this the day of _ i ' , 1963.
ATTEST:
'City Clerk ......
First reading . Jump 2h. 196~ ...
Second reading . .
258-D
ORDINANCE 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 DELRAY BEACH.
WHEREAS, due to the growth of the City ~f Delr~y Be~ch,
it is necessary to make improvements to the' City Water Plant, and
other water facilities operated by the City, and
WHEREAS, the income derived from existing rates charged
for water furnished are insufficient to provide funds (1) to pay
the cost of maintaining, repairing and operating the water plant
and water facilities, and to provide reserves therefor, and for
placements and depreciation and necessary extensions and enlarge-
ments; (2) to pay~ the principal and interest on all outstanding
revenue bonds and/or certificates payable therefrom, as the same
shall become due and provide reserves therefor; and (3) to provide
a margin of safety for making such payments and providing such
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Delray Beach, Florida, as follows:
SECTION 1. That Section 27-3 of "The COde of Ordinances
of Delray Beach, Florida" be, and the same is hereby amended to
read as follows:
(a) That the rates for water furnished b~ the water fac-
ilities or plant bf the City of Delray Beach, Florida,~to Consumers
within the corporate limits of said city be, and the same are here-
by fixed as shown upon the following schedule:
CONSUMPTION
_ ~1 I! 21'
.(1000.Gals.)..... 3~1 :~eter. _ 1" Meter ~w M~_.ter . Me~te.r
0 - 5 ~in. (~3.00 Min. $3.75 Min. $6.00 Min. ~17.00
5 - 10 .25 .25 Min. 6.00 Min. 7.00
Ail above 10 .25 .25 .25 .25
(b) That the rates for water furnished by the water fac-
ilities or plant of the City of Delray Beach, Florida, to consumers
wholly outside the corporate limits of said city be, and the same
are hereby fixed at sums equal to the rates shown in the schedule
set forth in sub-paragraph (a) hereinabove plus twenty-five (25) per
cent of each respective classification.
PASSED in Regular Session on the second and final reading
on this the _22n~d_ day of July, 1963.
~S/ WALTER DIETZ
A~TEST:
./$/ ROJBERT D~ WOR.THING City clerk
First Reading.. ~.u.ly. 8, 1963
Second Reading July 22. 1~65