08-26-63 AUGUST 26, 1963
A regular meeting of the 'City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor. Walter Dietz in the
Chair, City Manager Robert J. Holland, City Attorney John~Ross Adams,
and Councilmen A1 C. Avery, Emor¥ J. Barrow, George Talbot, Jr. and
Oliver W. Woodard, Jr., being present.
1. An opeRing prayer was delivered by the Rev. J. M~vin Sweat.
2. Mayor Dietz said that the approval of the minutes of'August 12,
1963 should be subject to the deletion of "to have proper manhole
specifications in the sewer contract" as appears in call of roll in
center of Page 16 of said minutes, and said sentence should read,
"Upon call of roll, the motion was carried unanimously"..
The minutes of the regular meeting of August 12th and special meet-
ing of AUgust 13th were unanimously approved, with the correction as
indicated by Mayor .Dietz, on motion by Mr. Woodarc~ and seconded by Mr.
Barrow.
3. Mr. J. H. Scheifley, President of the Tropic Isle Civic Associa-
tion, congratulated the Council ~or their demonstration of prudent
judgment, fiscal responsibility and fiscal integrity in their action
at the special Council meeting on the 1963-64 proposed budget.
3. Mrs. J. H. Shellenberger of 320 N. W. 9th Street informed the
Council that for three years she had been trying to get an unsightly
alley cleaned up that joins their property, and further reviewed the
past and present unsatisfactory condition in said dedicated but un-
opened alley and the immediate surrounding area.
City Manager Holland said that he had been aware of this problem
for some time, and suggested that said dedicated alley be opened and
used for garbage trucks, etc. Mayor Dietz said that he did not feel
the opening of the alley was a solution to a problem of this nature
and that he would object to same.
Following lengthy discussion, Mr. Avery moved that at the time the
residents in this area have returned to their homes, Mrs. Sheltenber-
get so inform the City Manager~ who would then set up a meeting of all
said residents with himself and the City Attorney. The motion was
seconded by Mr. Woodard and carried unanimously.
3. Mrs. Florence M. Stewart of 810 N. W. 3rd Avenue presented the fol-
lowing letter for Council consideration:
"Bob Gracey's menagerie should be made to stay on his property
so I don't have to c~ean up after his dog, cats, rabbits, etc.,
also his children' and their toys. This applies to Matt Gracey's
dog as well.
My mother and I were watching T.V. one evening when we were
frightened by what sounded like an explosion. I turned on all
the outside lights. When I opened the front door I found many
newspapers with rubber-bands around them on the porch, which
they had thrown against the door. There was a bill from Burdine's
for Mrs. Mat~ Gracey among them.
Last week one of their many cats 'delivered' a kitten on my
front porch. The Telephone Company's man said: 'It looks like
liver that some animal has dragged', but when he cleaned it up
he saw it was a dead kitten.
I h~d to spend two hundred and fifty dollars for a hedge to hide
their unsightly metal fence in the rear and to act as a boundary
in the front. Their metal fence encloses a shanty, etc. and in
the past, two white porcelain bathtubs on legs.
S/26/63
"Their small children rode around my Buick in the carport, taking
the paint off.
The ta!l dead pine tree on his property was Cut down only after
a strong wind,broke off branches that fell on my carport roof,
breaking the shingles. He knew about this but didn't offer to
pay for the damage nor clean up the debris.
I have phoned the Gracey brothers repeatedly, asking them to
clean up my yard after their dogs had been on it. They said
they would but never have.
When my mother a~d I eat lunch in the Florida room I have to
leave the table to clean up after the Matt Gracey dog, which
I throw over my hibiscushe~ge onto the Bob Gracey yard. 'From
my property his rear yard has the ar_oma~of a zoo. Formerly~
I would drive around the Matt ~racey property-and throw it from
the car on their lawn~ now I toss i~ over the hedge. If there
were a dog leash ordinance I wouldn't have to put up with this.
I had a FOR SALE sign on my ~arking area in the front, which
their children evidently took apart and hid in my orange jasmine
hedge.
They made a fire on their front lawn about twenty-five fe~t
from my car and less than ten feet from my hedge. When I saw
Bob ~racey stir it up with a long stick, then leave it and walk
down the street, I called the Fire Department, as the sparks-
were blowing toward my house and car.
Last Saturday their Siamese cat was howling on my property on
and off aL1 day. In the afternoon I Phoned the Matt Gracey
daughters to get it. When it came back I phoned Bob Gracey.
He couldn't find it after walking around, then called me and
said:. 'Now you're lying'.
These are a few ~f~he things I haVe had to con=end with for
the past.-seven ~ea~s. ~omething should be done soon about this
PUBLIC NUISANCE."
During comments on this situation, City AttOrney Adams sai~ that
the legality of ,these cpmplaints should be tried in a court rather
and. if'Mrs, Stewart wou~d swear
th~n before a legielati~body, , that
out a warrant at the Police Station, a fair hearing Would be held in
the Municipa$ Court.
3. Mr, David J. Smith~ 301 N. W. 12th Avenue, a membeE Of the West
Side Recreation Advisory Boar~, asked~fla~-'~amount~ofmon'ey he'd been
allocated in the proposed 1963-64 budget for the West ~ide I~Creatio~
Center,
.Mayo=,Dietz informed M~. ,Smith that there" woU~a~e an open Budget
meeting,.on September 9th, at which meeting i~o~be-In order for
him to ask that question.
4. Mr. Barrow read the following Be&dt£ficatio~ Committee.minutes o~
August 15, 1963r
"The action-of the Cipy =ouncil in moving the roSd through the
City park as far east .as possible, was noted and discussed.
Discussion was held on beautifying the landscaping at the entranc6
to TrOPicIsles. No action was taken.
Current ~evelopments and progress on the Tenth Street boat landin~
were noted.
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"Mr. Galinat moved the benches ~t.~.~h'Which needpain~ing,
be painted before the beginning of~-~n. ~,' ~ankton
seconded~ motion. Motion ca~ried._ (Council
It was agreed to get estimates on beauti£y~ng an~-"~tion of
the beach."
Concerning painting of benches at the beach, Mayor Dietz said that
was .administrative and would be taken care of by the City Manager.
4.a. A roll call showed that the following Civic Organizations and
representatives were in attendance-~_
Board of Realtors Mr. Paul W. Ledridge
Tropic Isle Civic Association Mr. John Halstead-
League of Women-Voters Mrs. Frank Carey
Business & Professional Women's Club Mrs. Alyce Husa
Wast Side Recreation Advisory Board Mrs. Ruth Pompey
Veterans of Foreign Wars Mr. Clarence Bingham
5. Concerning the Florida Hast Coast Railway Company's operation of
their h~rail cars through Delray Beach, Mayor Dietz stated that said
Railway Com~a~ had been contacted by letter, by telegram and by
phone concerning the speed of said cars and that. a Railway Company
representative had also been in Delray Beach for discussion concern-
ing same, before the passing of ~mergency Ordinance No. G-501~ re-
stricting the speed of said cars, at the regular Council meeting of
August 12th.
City Clerk Worthing then read the following letter from the Florida
East Coast Railway Company, St, Augustine, Florida, signed by Mr. W.
L. Tho=nton, Vice President and Chief O~arating Officer, dated August
16th:
"I have had referred to me letter dated August 14th from the City
Clerk of Delray Beach, to Mr, H. P. Hahn~, enclosing copy-of Emer-
gency Ordinance No. ~-501, which was adopted by the City Council
on August 12th, for the purpose of restricting the speed of hy-
rail cars through your municipality.
I do not know who proposed this ordinance, or what reason was
given to support it. However, I would like to take this oppor-
tunity to bring to your attention why the Florida Hast Coast
is operating the by-rail eq~ipment. Since the start of the
strike, there have been man~ attempts to derail the trains! and
as a securitym~asure, the Railway decided to run these oars
ahead of the trains. Since they have been in use, there have
been many endeavors to damage ~hem also, in order that they can
not pre~ede the trains~ thereby leaving the latter unprotected
and subject to sabotage.
I must point ou~ ~o you that an ordinance such as your Council
has passed can aocomplish the same purpose, for by slowing the
by-rail equipment to the proposed speed, they can no longer go
before the trains.
I am sure you were not acquainted with this condition when the
ordinance was passed~ and I know you did not realize the action
of your Council in this instance will have the ultimat~ effect
of removing essential security measures. I do not feel the best
interests of the Delreypeople are being represented when-~rains
are bein~ s~bjected to possible derailment within the city ~imits
due to malicious sabotage in the area.
In addition, I woul~ like to commen~ on the fact that the ordi-
nance-req~ires reduction of speed of the hy-rail cars within the
entire corporate limits, and not at road crossings alone. This
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"regulates the speed of our equipment on our ,own property at a
time when the public.is not involved.in any way.
Further, I observe that the penalty for violation of this ordi-
nance is quite severe~ and if it is higher.than that imposed for
a regular speed violation at other places within.the corporate
limits, I am inclined to feel this is certainly discriminatory
action against .the Railway.
I assure you, and the City Council, that it is our intent to
operate this hy-rail equipment in the safest manner possible,
and that we will take every precaution to see there is no danger
to the inhabitants of your city.
I would like to request that the City of Delray Beach repeal
Ordinance No. G-501~ or at least give representatives of the
Florida East~Coast Railway a chance to be heard on the matter.
P~ease let me know,whether you desire for someone from our
Company to meet with you and the Council to discuss this subject
further."
Following discussion, Mr, Avery~.moved that.the City Manager write
to the Railway Company-setting forth the fact that the. City hadcon-
tacted them~ and that if they still desir~ an opportunity to meet with
the Council, that they soinstruct the City Manager. The motion was
seconded by Mr~ Woodard' and~carried unanimously.
5.a. Mr. Avery complimented Mayor Dietz on the very fine and orderly
manner in which he conducted the special meeting on the proposed bud-
get:held-last Saturday, and complimented the Councilmen on their
spirit of?harmony and constrQctive work which made it possible for
the ,Budget to be balanced.
5~a, .Mr, ~o0dardreminded the Council that Ordinance No. G-470, con-
cerning'working:hours~,for..construction, hadbeen tabled on November
26, t962,afte~,'being.lplaced on first reading on November 12th, Mr.
Wooda=d recommended~.s~n~e there has been recent discussion relative
to the working hours in Delray~Beach,-that a committee of five con-
tractors be appointed, namely James Sinks, Paul Herig, Charles
Trieste~ Thomas Woolbright and R. C. Lawson. That this Committee
coutd.?study~the proposed Ordinance and make recommendations to the
Counei~,regarding establishment of working hours.
Fo~iOwing~comments of~'~agreement-by Mr. Avery, Mr. Woodard moved
that said'committee,be appointed for study and recommendation concern-
ing working hours for construction. .The motion was seconded by Mr.
Avery and carried unanimously~
5.a. Mr. Woodard~said that he had ~eadan articlein the Sunday Palm
Beach Post-Times concerning the feeding ofprisoners, an4 moved that
the Council receive a report from the City Manager, at his conveni-
ence, which would contain~ !~ The reason for. the costs in the City
of Delray Beach exceeding othem?.~.~communities, per man, for the cost of
feeding the prisoners. 2. :~he~ecommendation of the City Manager
concerning bringing these costs down, if possible. Themotion was
seconded by Mr. Barrow and carried' unanimously.
5~a. Mr. Woodard informed~the Couacil that hehad re~e~ed a sugges-
tion bymail~that s~gns~i, ndicating the'~directi~n to the Beach Area be
placed on N. E. 5thand 6th?Avenuesat ~heir intersection with N.
8~h Street. Fo~ow'a~g~d~scussion~ ~Mr~ Woodard movedthat such signs
be erected by~the~T~fManager~at,his.~discretion. .The motion was se-
conded by Mr. Talbot and ca=miedunan-imously.
5.a. Mayor Dietz asked that the City Clerk read the following letter
from~Mr, and~'Mrs. E..Bobrovnichy, dated August. 16, 1963:
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'"As owners of the propertY located on the N. E. corner o.f 'Mac-
Farlane Dr~ve and Ingraham Avenue, we'wish to bring to your
attention the following=
Early this spring we began construction of a high-class Duplex
for which plans were already draw~ the year before. We have
heard r~mors that somewhere-in that vicinity a lift station for
the new sewer system was being~planned. Before laying-the foun-
dation of our new building we went to see Mr. Worthing, the City
Clerk, in order to find ou'tthe exact location of the station.
At the time Mr. Worthing wasunable to give thus inform&rich.
Ail he said is that, according to his knowledge, it will be built
under the road, completely underground with a manhole On-top.
With this assurance we decided to proceed with the.building.
One morning, when foundat'ion, already was laid and the walls partly
erected, we arrived at our project and, to our great dismay, found
heavy machinery digging right on the.~corner of our proper~y al-
though all around there were and'are plenty of empty lotswith
nothing being built on. Of course we did not like i~a~d became
quiteworried. We approached the man in charge of the work and
asked'him what is going On. Sure enough, he toldus,:th~s will be
the lift station~but he also added that.there is no need for us to
worry because all that will be seen above ground, after .completion,
will be a manhole, level with the street. As for any noise, about
which we were also concerned, he assured us that there will be
hardly any.
Still the ides of having this huge excavation so close to our
building did not appeal to us at all but still, being reasonable
people, w~ decided not to raise a fuss figuring that after all,
if not we then somebody else would have to put up with it. Having
been assured, as it were, by the proper authorities that the pro-
Ject, being undergro~md, would not obstruct the view in any way
or render any physical obstacles to our prospective tenants, we
decided to go along and cooperate in any waypossible. In spite
of all the extra dirt and dust that kept flowing, into our apart-
ments and numerous other inconveniences, we never raised any ob,
jection.
Then came the rude awakening. Our suspicion was aroused when we
noticed several pipes ofdifferent lengths sticking out on top of
the underground lift station which seemed to us completed. Why
should they stick out if the whole job supposed to be underground,
level with thestreet? Deeply troubled we went~to.the engineering
office where our misgivings were confirmed. 'Mr. Shettlend, the
gentleman we talked to, told u~ that there was never a manhole
intended for that station and if~ their man told us.othe~w.ise he
was wrong. Instead of a manhole there will bebuilt on top.of
the one underground, another cement structure, right in the center
of it, four to five feet high, six feet wide and 8 feet long. It
was not har~ for us to figure that this would place it exactly
oPpoSite the living room and Florida room windows of our apartment.
A nice sight indeed~ ~owever, Mr. Shettland told usalso that,
according 'to their pl.a~s, there will be an elongated island land-
scaped in such a way that the cement slob will be obscured from
view by some shrubberywhich'will completely cover it. All that's
going to be visible willbe the top. of the roof. Of course if
this plan will be carried out it might help some.
However, there is another problem just as grave even if not more
so. It is the problem of parking. Originally our plans provided
parking space in front of t~he Florida room and part of living
room, With the road, no~ too wide in the.beginning, now consider-
ably narrowed by. the island in' the middle, access to the parking
space will be highly impeded if not impossible altogether.
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"We ~ight add that Mr. Shelton expressed the opinion that if he had
been aware of our problems at the start he could have easily moved
the station about fifty feet to the north whichwould .have put it
approximately in the middle between our property and the adjoining
one and probably cause no hardship to anyone.
Unfortunately nobody deemed it necessary to contact us at the
time, although we like to think that as owners of high priced
property, directly affected by the intende~ project, we surely
were entitled to this elementary, courtesy, if not for ethical
than purely financial reasons. After all we are the party who
is supposed to pay taxes whiuh at that local are not low by any
means. As owners of the Tiara Apartments, which adjoin our present
project~ we knoW it only too well.
Well, evidently the damage is done and it can't be changed now.
Perhaps, with certain proper steps, we may be able somewhat to
mitigateit~ If you gentlemen would be.so kind and appoint an
authoritative person of the.City staff to help us to work out the
parking problem, we would appreciate it very much,
In the meantime, we want you to put ~us on. record that, in our
opi'nion, thanks to poor planning by the party concerned, through
no fault of ours, 'our property has lost a considerable part of
itsvalue. We hardly can.expectnOW to collect the rent we
originally planned to ask and which an apartment~of that size
and caliber ordinarily should command, if indeed we shall be
lucky to find a tenant at a11."
City.Engineer Fleming informed the Council that .he had talked with
Mr. and Mrs. Bobrovnichy concerning the items brought out in their
letter, and that he'had informed, them that the City. would make a lay-
out of the location to help them with the establishment of their
.parking area, as they want it, and possibly cut down the length of
the little island, and -also see what could be done toward, camouflaging
the concrete structure.
Mayor Dietz asked that a letter be written to Mr. and Mrs. Bobrov-
nichy acknowledging their letter and stating that Mr. Fleming will
take care of the things that he has mentioned, and that if. the .parking
situation has not been taken care of within thirty days that they
again contact the Council, further, that when the sewers are .completed
if the work done at said lift station does not suit them, for them to
contac~ the Council again.
MayorDietz said thathe was under the impressio~ that there would
only be a manhole over the Underground lift stations instead of a
structure, and Mr~ Avery reminded the.Council that. at the tame a de-
cision w~s.made to place.two lift stations underground east of the
In=ra~oastal Waterway, that it was specifically made known that it
would'~e necessary tovent same.
6.a. Application for transferor License NO. 1677, which license
provides for the sale of beer and wine, on or off the premises of the
Del-So-1 Coffee Shoppe, 40 South Ocean~BoUlevard was presented from Mr.
Robert B. Burn, Sro, wb/ch business has. been acquired by Mr. Burn
from the holder-of said.LicenseNo. 1677. It was repot.ted that this
applicant~had been thoroughly investigated, in the manner prescribed
by the City~Code of Ordinances and approved, and that it is recom-
mended the. request be granted.
Said request was unanimously granted-on motion by Mr. Avery and
seconded by Mr. Barrow.
6~b. It was reported that. Mr. Walter~B.~hompso~ had applied for a
beer~and wine license .~n order.to' dispense such beverages, for con-
sumptiOn off the premises, in conjunction w~th his "Thompson's Fruit
Market", located' at 94 S. W. 5th Avenue~ further, that the applicant
-6- 8/26/63
.299
had been approved by the proper authorities in compliance with Chapter
4 of the City's Code of Ordinances. Mr. Avery moved that the appli-
cation be gra~ted, the motionbeing seconded by Mr~ Barrow and carried
unanimously.
6.c. It was reported that Mrs. Edward A. Schellenberg, owner o~ the
NW~ of the E~ of Model Land 'company's'Lot,.26 in section 20-46-43,
being 'a two and one-half acre tract of land, ~has offered same to the
City for $2,500.00, further~ that this tract of land is contiguous
to, and-west of the North half of Pineridge Cemetery, and that it is
recommended that purchase of same be authorized to provide ultimate
necessary land for Cemetery facility requirements within the next few
years.
Followingdisc~ssion, Mr. Avery moved that the purchase of said
property be authorized and payment for same be made from the Contin-
gency Fund. The motion was seconded by Mr. Woodard. City Attorney
Adams suggested that the motion should also authorize the payment of
closing costs which should, be approximately $100.00. Mr. Avery then
changed his motion'to include the closing costs, whatever they were,
and Mr. Woodard agreed to the change, in seconding the motion, which
motion carried unanimously.
6.d. concerning provision for engineering fee in conjunction with
f£nal plans and specifications for certain additional needed items
for the Water System, it was reported that this item was deferred by
Council-on August 12th to this meeting. That on June 25th, Council
requested the City Manager to solicit a proposal frDmRu~sell & Axon
for engineering fee on a lump s~mbasis, relative to providing final
plans an~ specifications for three items determined to be needed for
improvement of the Water.System, further, that their lump sum fee for
such services is $1,950., otherwise, a few would be on the basis of
the percentages provided ~or in an existing contract between Russell
&Axon and the City.
Mayor Dietz asked that this item be deferred until a special meet-
ing at 8=00p.m., Thursday, August 29th, at which time representatives
of Russell & Axon would be present, as he desired answers to some
specific questiOnsbefore he would be willing to go along with them
on said proposed /mprovaments of the Water System.
Mr. Woodard moved that this item be deferred until the special
meeting at 8=00 p.m., Thursday, August 29th, the motion being seconde~
by Mr. Talbot and unanimously carried.
6.e. Concerning possible sewer service to Southpoint Shopping Center,
it was reported that following a meeting between Deltas Corporation
representatives, the City Manager, City Attorney and C~ty Engineer,
a proposed agreement was prepared and is submitted to Council for
their consideration. City Attorney Adams explained the agreement as
follows= "As you will recall, the Southpoint Regional Shopping
Center wanted to immediately connect into our temporary sewer system.
We drew up an agreement just to submit to the Council.. They would
agree to it. It would me~ that the .City would run a sewer line
proximately 1750 feet .from · certain lateral .intersection on our per-
ma~ent sewer system at a cost of approximately $3,500.00 and in re-
turn for that, they would build a lift station and design a complete
sewage system to carry their sewage from the Southpoint system. They
would build it 'to City specifications and they would agree that it
would be operated under City supervision. One problem that we have
encountered is that in talking to the County they are.not ~resently
prepared to let us hook the Southpoint Center into our temporary
system unless we install some kind of chlorination system on our
present system, so that is an obstacle that has not been overcome yet.
Mr. Flaming can elaborate on that. It would cost approximately
$2,000.00 to put.thisextra chlorinator on the present system."
Mayor Dietz asked if that would be Delray money instead of sewer mo-
ney. The City Attorney replied= "The way this would be built, it
could be tied into our permanent system and it was the feeling of
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300
everyone at the meeting that it could be built out of the sewer funds.
The only obligation on the City,.at least at the time this agreement
was drawn, was that at the time they had a lift station and system
ready that we would run a pipe down 1750 feet at a cost of approxi-
mately $3,$00.00, and at the time of said meeting, they were plannlng
to be operational by January lst."
It was mentioned that there was a possibility of the Delray Beach
sewer system being completed before the Shopping Center was r~ady to
connect on.to it, and that an agreement was premature at this time.
Mayor Dietz said that the Council is committed to the things that
have been mentioned as the land had been annexed as a result of that
understanding, and asked if it would be possible to tell them that in
principle the City is in agreement but doesne, tsee the need of an agree-
ment until'their construction has started. It was mentioned that
according to Russell .&Axon, the sewer pipe extension to service the
Shopping Center could be installed in approximately thirty days.
The City Clerk reported that said Delrae Corporation would like
assurance of City cooperation in the installation of sewer service in
order that they might permit the annexation of nine acres recently
acquired by them, and proceed more intelligently with their potential
use of said lands.
Mr. Talbot questioned item 4 in the proposed agreement concerning
~Dperation and maintenance of the .sewer system within the Shopping
Center, and'suggested that at the time the sewer system wad operational
that the City of Delray Beach operate the sewer that the Shopping Cen-
ter installs, and in turn bill them for the~ expense, in order that
t~ere would be a.:single~operational.factor, instead of dual management.
Following lengthy discussion, Mr. Avery~movedthat this Council re-
assure the Del'rae Corporation that the Cit~ stands ready to stand be-
hind their"comm~tment? to cooperate with the Shopping Center. The
motion was seconded by Mr. Woodard and carried unanimously.
7.a. The City Clerk read the following letter .from Mr. Daniel R. Neff,
dated AugUst 14, 1963=
"After carefully re~iewing all.of the facts and opinions eXPressed
on this sVbjectduring the course of the Council meeting held on
August 12, 1963, I wish to recommend-reconsideration of the
directive for removal of the five cast-in-place manholes.
It would appear that the consulting engineers, the City Manager,
the City Engineer and Mr. Avery believe that a properly designed
and properly donstruc~ed cast-~n-place concrete manhole is equal
to the specified 'brick manholes. I do not disagree with this
conclusion.
· On the other hand the consulting engin~ers pointout, and./~.agree,
that precaS~'"manholes have no acceptance unde~r these specifications.
In view of the above facts, i.t is recommended that the Council
direct the following actions with respect to the five manholes
which it appears were actually cast-in-place.
a. Instruct the consulting engineers tofurnish the City with a
plan and Specifications for a concrete manhole which they recommend
'aS equal in all essential elements to the.specified brick manhole.
'b. Instruct the consulting engineers to take such steps as are
necessary to determine the design and specifications of the five
cast-in-place manholes. This to include on the site tests, and
~inspections, and e~amination of records.
c. InstrUct the. Consulting engineers to make their written recom-
mendations'to the Council as to the acceptability of the five man-
holes.
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"With this information before~it, the Council would then be in a
position to reconsider its action in full fairness and equity,
with respect to the five manholes that were cast-in-place."
Mr. Woodard said that.ha considered same to be a reasonable request,
and moved that the Engineers be instructed to provide the Council with
the suggestionsof Col. Neff, the motion being seconded by Mr. Avery.
Mayor Dietz asked if the same would cost the City any money,
Mr~ Barrow asked why the five manholes had been installed without
Council apProval~ if anyone had recommended precast manholes to the
City Manager~ who authorized the twenty-five poured on the job man-
holes~ what the chain of command is, who authorizes the change in
specificat~o~s and where the inspectors were when these thirty man-
holes were installed without Council authorization as he does not con-
sider that a minor change in specifications. City Manager Holland in-
formed Mr. Barrow that he was not sure just how this had come about,
mentioned four types of manhole.construction and stated what ty~es he
considered most preferable, and that he presumed the Engineers that the
City had hired would see that the proper manholes, etc. were installed
according to contract. The City Manager further stated that he had
been contacted concerning installation of poured-in-place manholes,
at a saving to the City, and that he had informed the Engineers that
he was in favor of that but that a Change Order with Council approval
was necessary.
City Engineer Flaming commented as follows= "I think Mr. Steinhilper
has taken the responsibility for issuing the ~=der for concrete man-
holes to replace the brick manholes. He states that he-did that under
the misunderstanding that he was given permission to go ahead on them.
He was not given that permission 'because in the specifications it is
necessary that the Council, and they are the only ones who can make
the Cha~ge Order, therefore, he simply jumped the gun and issued in-
structions I believe, and I think he has made that statement clear to
everybody that he erred in so doing, therefore, you cannot hold his
inspectors responsible because they believed that these manholes were
to be constructed of concrete. As far as your City's position is con-
cerned, I, as City Engineer, requested specifications .from them for
the construction of the manhole. I told them that nothing was to be
accepted by the City until we received these specifications and de-
signs. If they proceeded, and I d~d not tell them to stop, because I
do not give orders directly to the Contractors. I work through the
Consulting Engineer who is responsible for the inspection. If they
were constructed, they were not accepted by the City and would not
have been at any time accepted by the City unless the Council had
approved this Change Order. At no time during this construction was
there a possibility of these being forced on the City, bY the City
paying for them, without the Council's approval. As to why they went
ahead,~ I think perhaps I have explained, but it was at the loss of,
at the risk of the contractor, and not at the risk of the City."
Mr. Avery explai~ed that the contractor did these things at his own
risk, as later on in'the job, if things installed are not according
to specifications, the City does not have to accept them and. they will
have to be replaced.
Following lengthy comments, Mr. Woodard said that in view of the
discussion, he would like to amend his motion to the extent that it
should be understood that the=Engineers would furnish these additional
specifications, at their cost, in view of the fact that their represen-
tative authorized that the contractor proceed with construction of
same. MrJ. Avery accepted the amendment in seconding the motion,~-and
upon call of roll, the motion carried unanimously,
City Clerk Worthing then read the following letter from Mr. Daniel
R. Neff, dated August 14, 1963~
"Reference iS made to the action taken during the course of the
Council meeting held on May 27, 1963, with regard to my appoint-
ment as technical advisor to the City of Delray Beach on the sewage
works program (Minutes Page 8 Par. 6 and 7).
-'9- 8/26/63
"At that time it was apparent that the majority o~ ~h~ ~ity Council
supported the need for such impartial advic~as I might be expected
to render.
Since early in April through the final revision of the plans and
specifications, and the letting of the contracts, I have placed
my thirty-five years of technical engineering training at the
side of the Council when it was arriving at technical judgments.
This has so far been done on a purely voluntary basis at no cost
to the city.
Council members have now had an opportunity, over a period of some
months, to re-evaluate the necessity for, an.d the quality of, such
advice as I may be able to give with respect to the sewage works
program.
In view of the above fac~s, it is requested that the Council
reconsider the action taken on May 27th with respect to my appoint-
ment, and express its present feelings in this matter."
Mayor Dietz then rea~ a statement as follows, dated August 26, 1963t
"There is arising another matter pertaining to the sewer that has
me greatly worried. It points to the necessity of this Council
having the proper kind of Control so that T~E CITY OF DELRA¥
BEACH AND ITS CITIZENS GET THE SEWER IN THE GROUND THAT HAS
BEEN SPECIFIED. I RECOMMEND THE FOLLOWING=
1. That Mr. Daniel Neff be hired on a full time basis and
report directly to the Council.
2. That the ConsUlting Engineers., Russell & Axon, must contact
Mr. Daniel Neff on all matters pertaining to the SEWER (Technical
aspects).
3. That the ConsUlting Engineers', Russell & Axon, must contact
the City.Manager, Mr. Robert Holland, on all matters pertaining
to the City"(Human aspects).
4. That all b~lls'before being passed'onto the City Manager.for
final OF~¥ and PAYMENT must have .the proper signature, of Russell
& Axon and also Mr. Daniel Ne~f'~ signature. No bill to be paid
if Mr. Neff, s signature'is not on it.
5. .Mr. Daniel Neff must report to the Council at each regular
meeting.
6. Mr. Daniel Neff to be paid out of sewer funds (not general
funds, so that it will not be any expense.to the Delray Beach
-taxpayer, or taxes) in the amount of $1,000.00 per month for
the duration'of'the work on phase one, subject to the majority
vote of the Council at any time."
MaYor Dietz commented further: "In.that way., Gentlemen, we are goin~
to get a sewer in the ground that is called-.for by the specifications.
I hope that I am not forced tonight to .tell you what I am worried
about, although I am prepared, but there is no use getting .the commun-
ity unduly disturbed. ~ h.~ve been on this and I want. to get off it
and I think that with Mr'. Neff ther'e we will get the kind 'of sewer th~
we expect."
Mr. Woodard commented: ".Mr. Mayor, I would like to add to that,
that during, not only referring to your statement that you have just
made but also in reference to the letter that Mr. Neff sent us, that
in my opinion, from what we have seen of him that he is most definitelI
a dependable, conscientious, principled man, that he' has unselfishly
offered his valuabIe technical assistance to the City without charge,
to this point. -10- 8/26/63
'808
"There is no doubt in my mind that he has in the past, and will con-
tinue in the future to help to guarantee to the citizens of D~lray
Beach the sewer, syste~ they.are paying for. The council must have
technical engineering advice to make sound decisions in these~matters,
and this advice can best be. handled by one who can give hSs undivided
attention to the project. This need has already b~en dramatically
illustrated by the problems that have arisen and been discussed in the
past and I can say.that Col. Neff has my personal, wholehearted, con-
fidence.''
Mr. Avery commented as follows= "Mr. Mayor, I would like to state
at this time that I have been ~uite impressed with Mr. Neff and his
performances,-particularlyin the days ensuing the last Council meet-
ing, directly following the last Council meeting. I think he has done
a very good job and I have a ~ot of confidence in h/m, aha I'would,
tonight, vote where I did not vote before, I would vote with the pre-
vious agreement we had. I think he has been like a ... the story
about the hu~mingbird that got caught in the badminton game, I think
he has been treated very unkindly~ I think he was suckered into a
political situation which was very unfair to him from a professiOnal
standpoint. These recommendations you have made tonight, I'~ould like
to study because, after all, they are drastic and I am sure you, who
don't care for quick decisions, would be the very first to say ... I
imagine you are presenting this for consideration tonight ..... "
Mayor Dietz: "I am presenting it, hoping that a motion will be
made by someone and secondedby someone who has the interests at
heart that I have and that is that a sewer system be given to Delray,
and it is high time right now. If what I suspect is only half correct,
it is bad enough and I want to say 'Alright, let's get on with the
sewer now and have it all =ight and then go back and c!ean up what
isn't right', and I wish that if you gentlemen felt that'way that
someone would move in this respect."
Mr. Avery: "Mr. Mayor, this is a rather major and s rather drastic
action. I would ask for time to study it. I had not seen it until
tonight, and there are some major things and I would ask ..." Mayor Dietz: "What major things?"
Mr. Avery: "Major departure in procedure ..."
Mayor Dietz= "You bet it is."
Mr. Avery: "I would ask for time to Study this and bri.ng it for
consideration at our next Council meeting."
Mayor Dietz: "We have had all the time in Delra~ to study and know
that the sewer system as it .is being built at the p~esent time is not
in the best interest of the citizenry of.iDelrayBea=h. This will give
us the protection at no cost that we require, and I"aga~n come back
and hope thatoneof you gentlemen will make a motion that Mr. Neff
be employed on a full time basis at ~1,000.00 for the duration of the
work on Phase. I', subject to the majority vote of the 0ouncil at any
time, and with these other req~lire~ents, and then I will leave the
sewer and I know. that Del~ay will get such a sewer."
Mr. Woodard: "Mr. Mayor, I think,:with the thought in mind that
residents of Delray Beach, who are beinginconvenienced by this con-
struction, be put to as little inconvenience as possible, and the
shortest period of time so that we don't have to go back and undo
something that is possibly going to be incorrectly done. and without
any thought in mind'.of having any-type of a negatSve cor~nota,~,.j.~ at al3
on the City Manager& because, it is c~rtainl~ not..our
that this reflect o~ Bob in any derogatory way at all, ~ut.s~l~ in
that this may:help:to facilitate things, I will move that we accept
your recommendations in regard to the hiring of Col. Neff." Mayor Dietz:' ~'Do-.~ have~a second on that?"
Mr. Avery: "Mr. Mayor, to the motion, could we ask that. the City.."
Mayor Dietz relinquished the Chair~ "I second the motion."
City Attorney'Adams:- "Could I Just suggest one change, one word
there."'
Mr. Avery: "I-would like to have the City Attorney's opinion on
the legality of this action."
-ll- 0/26/63
City Attorney Adams= "The main thing I was concerned about at
this time was that having gone through a ... I 'm sure that nothing
unpleasant could ever happen, but having this experience with a law
suit last year, I would s~ggest that you make it that he should be
employed at the will of. the majority'of the Cotmcil."
Mayor Dietz= "Yes, that was the thought. That's what I wa~ted to
say."
City Attorney Adams= "H~ s~ould hold his employment at the pleasure
of the majority of the Council." Mayor Dietz= '"Right."
Mr. Avery= "Mr. 'A~ams, the Chair would like to ask your opinion as
to the legality of this action as pertains to Chapter 471 of the
Florida State Statutes."
Mayor Dietz= "NotiCe that I have asked that he only be hired to
report directly to t~e Council. He is an'advisor to the Council,
nothing else."
Mr. Avery= "That the Consulting Engineers' Russell &Axon ..."
Mayor Dietz= "I didn't say that. Russell & Axon. Will report to
him and he will give them the instructions for the things Just as the
Council. He represents t~e Council."
Mr. Avery= "I'm Only trying to clarify this as the Chair, Mr. Dietz.
That part two of this is that Consulting Eng//le~re. Russell & Axon, who
are your consulting engineers and registered engineers, must contact
Mr. Neff on all matters pertaining to the technical aspects pertain-
ing to the sewer. What is your opinion as to the legalttyOf this,
Mr~ City Attorney?,
City Attorney Adams= "As far as the City is concerned in hiring
him asr:a,.technical advisor to the Council, I don't see anything
illegal. If there is anything that 'the F10rida Engineering Society or
anybody has anything to Say' about his advising engineerS, I don't
know, Imm not prepared to answer that."
~ay°r:bietz~ '"Our Con'tra~t says the Council advises the Engineers,
and I'm not.an engineer."
Mr. Avery: "i Only want to k~now, on this part two~ the registered
engineers have to report directly to him on technical aspects. I
would like to know ~ur"~nion~ that's'al~'"
City Attorney Adams= "M~. Avery, you are kinds putting me on the
spot here. As fa~ as the City is Concerned in the liability of the
Councilmen for emp19yin.g him as a technics1, advisor, I can't see any
liability on the part of the City, nowif there is some~hing in the
~lOriaa~'.Engi~eerf~ SoCiety::rulings, or anythingbetween he and the
socie%Y]' iCould~t ansWer that.,,
Mr'~' A~e~y=' ~'~ only,speaking of Chapter 471 of the statutes as to
the legality of employing 'an unreg~s~mred engineer'to, supervise regis-
tered engineerS. That's all I want
CitY"Attorney Adamst "I dOn't luiOw if thatSs a fact."
~r~ Avery= '"You do not know."
Mayor Dietz: "We are not doing'that. We are'asking for Mr. Neff
to be the advisor to the CoUncil and instead of Russell & Axon coming
directlyto the Council, they will deal with him'and hewill bring
the thing~ to'~he Counci!, and he will report to the Council every
meeting, and he is not being hired as other than an advisor to the
Council, and if Russell &Axon, they will have to by contract, deal
with the City Council and none Of the'City Council are engineers.
There iS no difference whether Neff was sitting'here on the Council
or he'represents the Council."
Mr. Av&~y: "Any further discUsSion. Clerk, call the ro11.'
Upon call of ro11, Mr. Barrow,'MaY°r Dietz, ~r.'Tslbot.and Mr.
Woodard ~voted in favor of'the motion and Mr. Avery was opposed.
City Manage~ Holland~ "Mr. Mayor, may I ask aquestion, Mr. Weber
would like to know when that becomes effective, so as to get him on
the payroll."
Mayor Dietz: "At once. In~nediately."
City Manager Holland= "As of what date?"
-12- 8-26-63
Mayor Diets: "Aa of tomorrow morning."
City Manager Holland= "Alright. That's good .~nou~.
Mayor Diets.' "And in an organization that way Mr. Neff wit1 have
to see ~omeone. There must be some papers or something that he must
sign as'~ employed by the City, by the CounciI, and I presume,,--who
handles that, the City Clerk?"
City Manager Holland: "See Mr. Weber;"
Mayor Dietz~ "Then if Mr. Neff will be good enough to see Mr.
Weber ands.Mr, worthing. Mr. Neff, could we have
Mr. Talbot= "Maybe the Counsel should be in on that to~¢ on. the
papers to sign---the Counselor."
Mayor Diets: "Oh yes, we never sign a paper without ~he Counselor.
I thought that was just .a natural thing, we surely don!~ sign any-
thing without the Counselor."
City Attorney Adams= "No sir. But I assumed this ~.~S going to
be Just a routine employment."
Mayor Diets~ "But still, it is.a little diffe~ent, we haven't
been building sewers before. We probably haven't got a form and
there is some protection that the city requires and I figured you
would protect the city 4'n that respect."
city Attorney Adams= "In that respect we can ~repare an employ-
ment contract."
Mayor Diets: "And it will be a~ the pleasure of the majority of
the. Council. Mr. Neff, would you like to make a statement of any
kind, or do you want support?"
Mr. Neff: ."I do want that, yes. I was. hoping that all members
of the City Council might support me if I undertake this work. I
feel that I want to disassociate myself from any criticism of Russell
& Axon as consulting engineers while not condoning any of the work
that we might have to go over again, and I was hoping that my work
in the past three or four months with the Council would merit even
.Wi Avery' s support."
Mr. Avery: "Mr. Neff, if ! may, Mr. Mayor "
Mayor Dietz: "Do you want to change your vote, Al?"
Mr. Avery= I would like to speak to the Col. here just a minute.
Mr. Neff, sincerely, I am with you as a person and as an engineer.
There is a doubt in'my ~ind as to whether you personally are sticking
out your neck and before ! signed any agreement or I became any part
of this agreement, I would ask you p~ease, to see your attorney and
ask him to examine Chapter 471 of the State Statutes to see that you
don' t have your neck out, p~ease."
Mr. Neff: "Well, I:m not concerned in that respect."
Mr. Avery: "I just asked you to,. and then you can understand why
I took the stand which isn't personal. It is real~y, in your favor
and in your protection."
Mr. Neff: "I was hoping that I could have the full cooperation of
you and Mr. Holland."
Mr. Avery: "I can explain this to you after this meeting because
there are certain aspects and .I think, that you should know them."
Mayor Dietz.. "If we find in the Chapter that as far as he is coh-
cerned isn't right, we can rescind it' later."
Mr. Avery.- "Yes sir, but there are certain bites in, ~Chapter 471
that he should consider before he sticks his neck out."
Mayor Dietz: '.'The man would feel' a lot better if he had the
un~imity that the bil~get had."
Mr. Avery= "Yes sir. ! like the man personally and his abilities
personally, but. I'have 'my reason and I explained it to him and there
is nothing personal I assure you."
7.b. The following request from the Cason Memorial Methodist Church,
dated AUgUSt 21at, 1963 ,was presented=
"At the regular meeting of The Official Board of Cason Memorial
Methodist Church lest Monday evening, it was the unanimous opin-
ion that the church should ask ..the Council to abandon a section
-13- 8-26-63
"of NW 2~d Avenue lying between church properties., Cason
Memorial Methodist ChUrch is the owner of-Lots I thru 6 in-
clusive, Block'41, the North 1/2 of. Block 49 and the N 1/2
of Block 57 less the South 138' thereof, we specifically
request the C~ty Council ~o abandon and convey to Cason
Memorial Methodist Church that portion of .NW 2nd Avenue,
bounded on the West by Lots I thru 6 inclusive, Block 41
and lying between NW 4th Street and an Easterly' prolongation
of the South line of Lot 6, Block 41.
Northwest 2nd Avenue in this area has-not served any municipal
purpose and has never :been opened. Church 'plans call 'for a
children's recreational area in the lands adjacent and West of
the proposed abandonment.. Church usage of all of this right of
way would not create a traffic hazard for .children entering or
leaving the recreational area. We can. foresee no civic benefit
for an access to NW 4th Street at this point."
Mayor Dietz said. that he was not in favor .of'abandonment of any
rights-of~wey as they may be needed at a later date for sewers, etc.
Mr. Avery'moved that 'this item be referred to the Planning/Zoning
Board with the request that they also consult .with the City. Engineer
as to-possible need of said right-of-way. The motion was seconded
by Mr. Talbot and carried unanimously.
?.c. It was reported that Mr. 'Jack Wilmer, on behalf of promotional
activities for-the Gold Coast Colts, Inc., eolic£ts a contribution
in aid of promoting a~ recreational 'program' by the, Colt League. That
it is recommended that a contribution of $200.00 be aPProved, a like
amount 'having been contributed by the adjoining, cit£es, .of Boca Raton
and Boynton Beach, ~and that necessary funds 'for such provision are
available in ~the' Rec~reation Department Budget.
It was also reported that this Ball Team had played in the State
ChamPionShiP ToUrnament which had given Delray Beach some favorable
publicity.
The contribution of $200.00 ,was unanimously granted on motion by
Mr. Woodard, and, '~econded by, Mr. Avery,
6.d. It was reported that the:"church of Ch-~ist had:entered into .a
contract to purchase .Lots 1; -2 and 6, Block 1, Colonial Heights S/D.,
also Lot 6, ,Block 8, ..Roe.emont~ Park .S/D., subject to" obtaining City
permission to construct a Church .upon the property, and therefore,
petitions, the City for permissive use to erec~ a church' upon said
property, further& that 'it is recommended ..that th~S request be refer-.
red to the PI'arming/Zoning Board for its review, public hearing and
recommendations.
Mr.~ Talbot moved that this item be referred~ to" the P[anning Board
with instructior~ a,s:~outlined. The motion Was seConded by Mr. Barrow
and carried unanimously:
8.a. The City Clerk read ORDINANCE NO;: G-496.
AN ORDINANCE OF THE-CITY COUNCIL ,OF THE,, CITY; OF'
DELRAY BEACH~ FLOR~DA~ ,A~qEXING TO THE CITY OF
'DELRAY :BEACH'~ CERTAIN' LANDS' LOCATED IN SECTION~ 28,
'TOWNS~L~P 46. SOUTH'~ RANGE 43 FAST, WHICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL L~L~TS OF SAID
CITY; REDEF~TNING THE BOUNDARIES OF SAID CITY TO
INCLUDE -SAID~LANDSr PRO~VXDING~ FOR ,TH~,'.R~GHTS' AND
OBLIGATIONS OF SAID LANDS; AND-',PRO~IDING FOR THE
ZONING THEREOF. (Part of Block 37, Del Raton 'Park
and .triangular strip,) · .
(Copy of Ordinance No. G-496 +s',attached-to. and .made a part
of the official copy of these minutes.) (See Pa;e 310-A & 310-B)
;~ ' " -14- 8-26-63
807
There being no ~bJections to Ordinance. No,- G~49~, 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. 0-497. . ~.
AN ORDINANCE OF THE CITY COUNCIL OF. ~ CITY OF
DELRAY B~..~CH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT ?0, DELRA¥
BEACH.SHORES, WHICH. LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL L -~24ITS OF SAID Cl"~Y, REDEFINING THE ~0~ND-
, ARIE~-OF SAID CITY TO INCLUDE SAID LAL~0, PROVID~NG
FOR THE RIGHTS .AN~~ OBLIGATIONS OF SAID LAND~ AND
PROVIDING FOR THE ~.ONING THEREOF.
(Copy of Ordinance No. G~497 is attached to and made a Part
of the official copy of these minutes.) (See Page
There being no obJect~ons to Ordinance No. G-497, said O~dinance
was unanimously passed and adopted on second and final readying on
motion b~ Mr. Woodard and seconded by Mr. Talbot.
8.c. C~ty Clerk Worthing read ORDINANCE NO. G-498.
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLOH~DA, ANNEXING TO THE CITY OF
DELEAY BEACH CERTAIN LAND~ NAMELY LOT 6, BLOCK 4,
LAKE IDA GARDENS,~ WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING"
THE .BOUNDARIES OF. SAID CItY TO INCLUDE SAID
PROVIDING FOR THE-RIGHTS AND OBLIGAT-IONS OF. SAID
LAND~ AND PROVIDING FOR THE ~.ONING~ THEREOF.
(Copy of Ordinance No. G-498 ~s attached to and made a part of
the official copy of these minutes.) (Se~ Page 310-D)
There being no objections to Ordinance No. G-498, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Avery and seconded by Mr. Talbot.
8.d. The .City Clerk read ORDINANCE NO. G-499.
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA~ ANNEXING TO THE CITY CERTAIN
LANDS LOCATED. IN SECTION 8, .~TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF,SAID CITY~ REDEFINING THE BOUNDARIES~ OF
SAID~.CITY.TO INCLUDE .SAID LANDS~ PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS, AND PROVIDING
FOR -- .ONI REO .
(Copy of Ordinance ~o. G-499 is attached to and made a part of
the official copy of these minutes.). (See Page 310-E & 310-F)
There being no objections to Ordinance No. G-4~9, said Ordinance
was unanimously passed and adopted ~on second and final reading on
motion by Mr. Woodard and seconded by-Mr. Talbot.
8.e. The C~ty Clerk read ORDINANCE NO.
AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING-TO-.THE CITY CERTAIN
LANDS LOCATED IN SECTION 9, TOWNSHIP. 46 SOUTH, RANGE
43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SA~D CITY, REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE
ZONING THEREOF. -15- 8-26-63
(Copy of Ordinance No, G-500 is attached to and made a part of
the official copy of these minutes.) (Dodge Agency)-
(See Page 310-~. &..~10-H)
There being no objections to Ordinance No. G~500, said Ordinance
was unanimously passed and adopted on second and final reading on
motion by Mr. Talbot and seconded by Mr. Avery.
8.f. City Clerk Worthing ,presented ORDINANCE NO. G-502.
AN ORDINANCE OF THE. CITY COUNCIL OF THE.CITY OF
D~LRAY BEACH, FLOP, IDA, ANNeXiNG TO THE CITY CERTAIN
LAND LOCATED IN SECTION 28, .TOWNSHIP-46 SOUTH, RANGE
43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SAID CITY~' REDEFINING TH~ BOUNDARIES OF '
SAID CITY TO INCLUDE SAID LAND= PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OP SAID LAND~ AND ~PROVIDING
FOR THE ZONING THEREOF. (Fountain House-N~h)
Ordinance No. G-502 was unanimously placed on first reading on
motion by Mr. Woodard and seconded.by, Mr,i Avery.
It was reported that Ordinance No. G-502 was a resul% of an agree.-
ment in 1959 for water service to.said lands.
X. Mayor Dietz asked City Attorney Adams if there was some legal
way that this CounCil Could.make it .necessary to be within the cit~
limits of Delray Beach in order to a.ttaCh to the sewe~system, in
order that no future:'councii could ~hanqe'the policy..g~d give sewer
service to someone outside the-city
City Attorney Adams reminded the Councfl'that they had adopted a
policy concerning same, and even if-there was.a. Charter provision
concerning it, thata future Counci! couXd make a Charter change,
9.a. The following Planning Board Report was presented, dated July
26, 1963.
"The Planning Board held a public hearing on July 26, 1963.in
regards to a request to rezone a parcel of land on West Atlantic
Avenue, known as the W% of SW% of SW~ of Sec, 18-46-4~., Delray
~each,, from R-1AA.~to'R~3'apa~tment district.
Members of the PXanning'Board attending were= J. I. Sinks,
K. Jacobson, S. Lankton, D. Jebb and J. Kabler~
'Fifteen property owners in the area, were not/fied~ only one
appeared~ There were'no objec~tons:,voiced. After discussion,
Di~k ~ebb'moved that th~requeSt'~be ~denied~ the motion was
seconded by Ken Jacobson, and unaltimo~ly passed.by,the Board.
It is therefore recommended,to '~the Co.~cil, t~den¥ the request
on the basis that it would'be spot ~ning and would change the
character of the area~.-which is presentlg a single.family
residential district."
Mr. Woodard,moved to sustain'the recommendation of the Planning
Board in denying the request and stated that he had asked at the
last meeting that this item be tabled until tonight in order to in-
vestigate this further. Tha~ it seems the request is not improper
but that the entire area must'be considered as a whole rather than
as individual pieces. The motion was seconded by Mr. Talbot.
Mr. Avery asked if the Pl~nning/Zoning Board had given any con-
sideration to the overall rezoning of the property facing on West
Atlantic Avenue as it didn't seem'that R-1AA was proper.
It was reported that the Plannin~/Zoning Board ~Ian to have a
study on the zoning concerning Westward expansion.
FollOwing ie~gthy discUssiOn, and upon call of =o11, Mayor Dietz,
Mr. Talbot and Mr. Woodard voted in favor of the'm~tio~, Mr. Avery
abstained from voting and Mr. Barrow was opposed~ The motion carried.
-16~ 8-26-63
· 309
10. City Clerk Worthing reported that at the last Council meeting
a policy Was adopted that no sewer service would be extended to lands
not be£ng a part of Delray Beach. That there were five properties on
South Ocean BoUlevard that may want to be annexed to the City of
Delray Beach and receive sewer service and said property owners were
contacted by mail. That a reply'hsd been received from~Mr. Harold
P. Mueller as follows~
'This is with reference to your letter of August 14, 1963.
I do not desire to hook'onto the sewer at the present time.
HoweVer, I would be willing to pay .the contractor $95.00 for
the extra connection 'to b~ made 'at the time the sewer goes
by my property -- description of which is S 150' of N 790'
of Gov. Lot 4 E of St R~ in section 21-46-43.
With the extra fittinginstalled now, it would be 'available
to be used at such later date as I might elect to come into
the City.
Please acknowledge reoeipt of this letter."
Mr. Woodard moved that the City Send Mr. Mueller a letter urging
him to come int*o the City as it is impossible for the Council to do
anything outside the City in this respect. -ThC'motion was seconded
by Mr. Barrow and carried unanimously.
10. Concerning the resurfacing and refinishing of the tennis
courts, Mr. Woodard asked if there was money in the current tennis
budget that could be.encumbered at the end of this fiscal year for
that purpose, and was informed that there was not.
10. The Council was informed that in addition to the usual bills,
there was a legal bill from the City Attorney in the amount of
$251.50 for services rendered in con~ection with a Ouiet Title Suit
to obtain land for the desired location of Lift Station No. 6, and
that the pa..vment of this bill would be made from the sewer f.und.
On motion by Mr. Avery and seconded by Mr. Woodard, the bill was
unanimously ordered paid.
10.a. The City Clerk presented bills for approval as follows=
General Fund 88,269.02
Water Fund - Operating Fund 32,819.36
Refundable Deposits Pund 1,450.52
Special Trust Account - Delray Beach National Bank 150.00
The bills were unanimously ordered paid on motion by Mr. Avery
and seconded by Mr. Woodard.
The meeting adjourned at 10:20 P.M~, by order of Mayor Dietz.
R~ D. WORTHING
City Clerk
APPROVED=
MAYOR
-17- 8-26-63
31o-A
ORDINANCE NO. G'496.
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY
~F DELRAy BEACH~ FLORIDA,.. ANNEXING TO THE CIT~
~. D~Ay ~,EA~C~' CER~TN U~'DS ~CA?~D IN S~CT~
~e, TOWNSHIP 46 SOUTH,
A~E CONTIGUOUS TO EXISTING MUNXCIPAL LIMITS
'~ INCLUDE SAID LANDS! PROVIDLNO FOR THE RIGH~.
-Mi OBLIGATXONS OF SI%ID LANDS~ ~ND pRoVIDING
ZOS~N~ THErEOf,,
WHEREAS, JOHN B. MILLER is the fee simple owner Of the
property hereinafter described, and
~EREAS, said JOHN B. 'MILLER, by his Petition, h~S. con-
se~te~ a~ given permission for the[ annexatio~ of sa~d ~operty
by th~ C~ty of Delray Beach., and
~REAS, the City Of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of
the City Charter of said City granted to it by the State of
Flor ida ~
NOW, THEHEFOHE' .BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
SECT~.ON 1. That the City Counci-1 of the City of Delray
Beach, Palm BSa'ch County, Florida, hereby annexes to said City
the following described tracts of land located in Palm Beach
County, FlOrida, Which lie contiguous to said C~tY, tO-wit:
Those tracts of land in Section 28, Township
46 SOuth, Range 43 East, Pal,m Beach County,
Florida, described as follows:
Lots Nos. 3 thru 11 and 36 thru 44 inclusive,
Block 37, DEL-RATON-PARK, per Plat Book 1~,
Page 9~ also a triangular parcel of land bound
on the East by the West line of Block 37 in said
DEL-RATON-PARK, on the South by a westerly pro-
longation of'the South 'line of Lot 11 in said
Block 37,' on the West bY. a 1She parallel to and
sixty feet East of the cente~ line of State Road
No. 5 (Federal Highway No. 1}, and on the North
by a Westerly prolongation of the North line of
Lot '3 in said Block 37, DEL~RATON-PARK, as shown
on She. et 1 of 2 Sheets and according to Plat
thereof, per Plat BoOk 14, 'Pages 9 and 10, on
file in the Office of the Clerk of the Circuit
Court, Palm BeaCh County, Florida.
SECTION 2~ That th~ boundaries of the city of Delr~y
Beach'~ Flor£da;' ~e' h~ri~by redefined so as to include therein
the' above described tracts and parcels of l~nd, and said lands
are .hereby deClared"to be wf?_hii~ .the corporate limits of the
City of Delray Beach, FlOrida.
Page 2. Ordinance No. G-496.
SECTION_2 ..... ~ha,t the-tracts ~f lan~ hereinabove described
are hereby declared to be in Zoning ~ist~ic~ "C.2" ~ener~t~com-
mercia1 D~s~rict, as defin~ by.exA~S2ing ordinances of ~e City
of Delray Beach, Florida.
SECTXO~ 4. ~at ~e lands hereinabove descr[~ shall
immediatelybecome subjec~ to all of the ,franchises,~.~privil~es,
i~unities, debts (excepe ~e existing ~nded ~ndeb~ness),
obligations, liabilities, ordinances and la~ ~o wh'~h lands in
~e City of ~lray ~each are now or may be. and persons, if any,
~esiding ~ereon shall be deemed citizens of ~e C~tY of '~lray
Bea~.
SECTION 5. ~at if any ~rd, phrase, clause, sentence
or part of th~sordinance shall be declared ill.al by a court
of c~pe~ent Jurisdic'~ion, su~ record of illegali~y shall in
no way affect the remaining portion.
Passed in regular session on ~e .second and. final readAng
on the - '~6~h _ day of Au~s~ _ , 1963.
M. A, Y,O R
ATTEST:
City Clerk
1st Reading ,, Augu~ 12,' 1963 , ,
2nd Reading ~ .Ju~us~2$. 195,3 .
310-C
ORDINANCE NO. 0-497
A~ OROr~NCE Or TH~ CITY COU~C~ OF ~m CZTY
AND PR~ID~G FOR ~ ZON~O'.~.
~S, A~NDER P. B~ and ~CE K. B~ {bis wife)
are the f~sl~le o~ers of ~pPopePty hePeinafter desom~b~4~ and
~S, t~ said A.~NDER.P. B~.~d P~0E K~ B~
(his wife)~'~ rheim Petition, have consenSed and give' p~P~ssion
for the a~exation of said pPope~y by the 0ity of ~ay ~ach, and
~S~ the Ci~2 of" De~ay Beach has he~$Of~
suthoriz~.~O annex lands in accordance with Sectton.18~.I ~f~ %h~
City chqp~' of said City E~anted ~o it by the State of
~W~ T~O~, ~' IT ORDA~D BY T~ CI~ c0~o!L OF
CI~ OF DE~Y B~CH, FLOR.IDA, ~S
SECTION 1. ~at the C1%7 Co,cji'of the Ci~"'~ De~ay
Beach, Pa~o~, Florida, hereby annexes to said City'the
following described trac$ of 'land located in Pa~ Beac~
Florida, which lies conti~ous to said Oi%y, to-wit=
That tract of l~d, namel2 ~t 70~ De~ay Beach
Shores, per pla~ Book 23, Page 167, ~ appe~i~
in the ~blic Records of Pa~ B~ch County, Florida.
SECTION ~. ~at the boundaries of the City of ~ay Beach,
Florida, are h%reb2 medefined~so as to include therein She above de~
scribed tract of land, and said land Is ~ePeb2 4eclared %o be within
the co~orate l~its of ~e City of De~'ay Beach, FloPtda.
~ That'the tract of land hereinabove described
is he~eby~to be in Zoni~ Dis~ict R~A, as d~ined by
e~sting ordin~ces ~ %he City of Delray ~ch, Florida.
S~TION ~. ~t the 1~ hereinab*ve describ~ shall im-
mediately become.sub.Jest-tOss, of the f~anchises,.prlv$1eges, im-
mud%les,' 6ebts (except ~he .existing bonded indebtedness), obliga
tions, liabilities, ord~ces ~nd laws to which l~ds in the City
of'~a~ Beach a~e ;n~ oP ma~ be,~ and persohs re~idi~ thereon
shall be deemed citizens of the 0ity of De~ay Beach.
~ ~at'-if an2 wor~, p~ase,' clause, sentence
pa~% of th~i~e shall be decla~ed-$lleg,1 by acourt
petent J~isdiCtion, Such~ecord of i~legality shall in no way
affect ~e re~ininE
P~SSED in re~lam session on ~e second and final reading
on ~his the ~6%hday of A~t , 1963.
First Reading .. _~Augus..t 12, 1963
Sec-end Reading ~ __Amg~!s~.. 26,
310-D
ORDINANCE NO. G-~98
AN ORDINANCE 0F THE CITY COUNCIL OF THE CITY OF
DELRAY BEAOH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN IAND, NAMELY LOT 6, BLOCK
~, IAKE IDA GARDENS, W~{IOH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS 0F SAID CITY; REDEfINING
T~E BOUNDARIES OF SAID CITY TO INCLUDE. SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, RICEARD L. LEBRUN is the fee simple owner of the
property hereinafter described, and
WHEREAS, the said RICHARD L. LEBRUN, by his Petition, has
consented and given permission for the annexation of said property
by the City of-Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with SeCtion 185.1 of the
City' Charter of said City granted 'to it'by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SEC?ION 1. That the City Council' of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said. City the
following described tract of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:
That tract of land, namely Lot 6, Block 4, Lake
Ida Gardens, amended Plat, per plat Book 23,
P~ge 192, as appearing in the Public Records of
Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray
Beach, Florid~~, ar~ hereby redefined-so a~ to include therein the
above described trac~ of land, and said land is hereby declared to
be within the corporate limits of the City of Delray Beach, Florida.
SECTION 3.. That the tract of land hereinabove described
is hereby deciar~ to be in Zoning District R-IAA, as defined by
existing ordinances of the. City of Delray Beach, Florida.
S_E~CT~I~O_N_$_. That the land hereinaBov'e ~descx-ibed shall
immediately 'become subject to all of the franchises, Privileges,
immunities, debts; obligations, liabilities,, ordinances and laws
to which-lands in the City of Delray Beach-are now or'may be, and
persons residing ~hereon shall be deemed ~itizens of the City of
Delray Beach, Florida.
SECTION 5. ' That- if any word, phrase, clause, sentence
or part of this Ordinance shall be declared illegal by a court of
competent Jurisdiction, such record of ~llegality shall in no way
affect the remaining portion.
PASSED in regular session on ~he second and final reading
on this the Z6th '. day of ~Aua~st , 1963.
/s/wA~ DZE~Z
MAYOR
ATTEST:
~si ROBOT ~. wo~nrG
'cit~ c~.e.i,,~-'.. '
First Reading ~ ~_u~us~_ 12~ 196~
Second Reading, .~m~S$ 26a .1963
310-E
ORDINANCE NO. G-499
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DEIRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAIN LAND~ LOCATED IN SECTION 8, TOWNSHIP
46 SOUTH, RANGE 43 EAST, WHICH IAND~ ARE CON-
TIGUOUB TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES 0F SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND
PROVIDING FOR THE ZONING THEREOF.
WHEREAS, it is deemed for the best interest, safety, -'
health, and general welfare of the citizens of the City of Del~ay
_ Beach, Florida, and the owners of the hereinafter described ~eal
property that said lands be annexed to the City of De]may Beach,
and
WHEREAS, said lands are contiguous to the present bound,
ary of territorial limits of the City, and that, when annexed, will
constitute a reasonably compact addition to the incorporated terri&
tory with which it is combined, and
WHEREAS, the owners of record of said lands hereinafter
described have consented and given permission for the annexation
of said lands, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of the
City Charter of said City granted to it by the State of Florida:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the ~it~ of Delray
Beach, Palm BeachCouhty, Florida, hereby annexes to said City the
following described parcels of land located in Palm Beach County,
Florida, which'lie contiguous to said City, to-wit:
Those parcels of land lying and being in the
Model Land Company's Subdivision of'Sectibn .8,
Township 46 South, Range 43-'East, Palm Beach
County, Florida, described as follows-:
(1) That part of the East 110 feet of the West
330 feet of the NW~ of_Model.Land Company's
Lot 3, Section 8-46-43, lying South of N. W.
9th Street.
(2) Commence @ NE Cot. of Model Land Co's. Lot 3,
Section 8-46-43 for P.O.B., thence go 25 feet
S. along center line of NW 4th Avenue; thence
W~ly along the S. R/W line of NW9th Street,
as now laid out and in use, to pt of intersec-
tion with the W'line of said Lot 3; thence
Nlly along said W line of Lot 3 to pt of in-
tersection with the N. R/W line of NW 9th
Street; thence E~ly along th~ Nt R/W line of
said NW 9th Street, a/n/1/o/a/i/u, to pt of
intersection with the W line of"Lot 9, Section
8-46-43; thence S'ly for a dista~r~ee of 25 feet
to P.0.B.
- SECTION 2. That the boundaries of the City of De]may
Beach, Flo~"~~ereby redefined so as ~o include therein the
above described parc.els'of land, and said lands are hereby"declared
-.~.to be within the corporate limits of the City of De]may Beach,
Florida
310-F
Page 2 - Ordinance Nc. G-499
SECTION 3. That the parcels of land hereinabove first
described ~Item 1) are hereby declared to be in ZOning District.
"R-IAA", as defined by existing ordinances of the City of Delray
Beach, Florida.
SECTION 4' That the landS hereinabove described shall
immediately 9ec0me SubjeCt to all of the franchises, privileges,
immunities, debts, obligations,, liabili~ies,~ ordinances~'and laws
to which lands in the City Of Delray Beach are now or may be, and
persons residing thereon shall be deemed citizens of the City of
Delray Beach, Florida.
SE~ ~, That if any word,~phrase, clause, sentence
or part of ~his ordinance shall be declared illegal by a court 6f
competent Jurisdiction, such record of illegality shall in no way
affect the remaining portion.
PASSED in regular~ s~ssion on the second and final reading
on this' the ~6th da2 ef Augms~ , 1963.
MAYOR
ATTEST:
ROBERT D. NOHTHIN~
City Clerk
First Reading . August. 12, 1963
Second Reading . Amgmst 26, 1963
310-G
ORDINANCE NO. G-500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAIN' LANDS -LOCATED IN SECTION 9, T0WNSEIP
46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CON..
TIGUOU~ TO EXISTING MUNIOIPAL LIMITS OF SAID.
CITY; REDEFINING THE BOUNDARIES OF SAID CITY'
TO INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND~; AND
PROVIDING FOR THE ZONING THEREOF.
WHEREAS, it is.deemed for the best interest, safety,"
health, and general welfare of the citizens of the City of Delray
Beach, Florida, and the owners of the hereinafter described Peal
property that said lands be annexed to the City of Delray Beach,
Florida, and
WHEREAS, said landsare contiguous to the present bound,
ary of territorial limits of the City, and the owners of record of
said lands, hereinafter described, have consented and given permis-
sion for the annexation thereof, and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Seetion'185.1 of' the
City Charter of said City granted to it by the State of PlOrida~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOW~:
SEOTION 1. That the City Council of the. City of D~lray
Beach, Palm Beach Oounty, Florids, hereby annexes to said City the
following described parcel of land located in Palm Beach County,
Florida, which lies contiguous to said City, to-wit:
Beginning ~ intersection of the"'N line of Lot
38, Model Land Cgmpany's S/D of Section 9, Twp.
46 South, Range 43 East., and-the E~ R/W line of
01d Dixie Hwy., said pt ef ihtersection being
3Q feet E~ly measured @ rt. angle fr~m the E.
R/W line of the FloPida EaSt Coast Railway,
thence S~ly along said E. R/W line of Old Dixie
Hwy. a distance Of 126.61 feet to'the P.O.B.,
thence cont. in a S~ly direction along said E~ly
R/W line for a distance of 200 feet; thence in
an Etly direction and para to the S~ly line of
said Lot 38 a distance of 231.07 feet m/1 to the
W'ly R/W line of U. S~ Hwy. No. 1 (State Road No.
thence in a Ntly direction along said W'ly
line a distance of 200 feet; thence in a W~ly
direction andpara to said S~ly line a distance of
231.07 feet m/1 to the P.0.B.
SECTION 2. That the boundaries of the City of Delray
Beach, Flor~da,'a~e hereby redefined so as to include therein the
above described parcel of land, and said land is hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
SEOTION 3- That the parcel of land hereinabove descmibed
%0
is hereby d%cl~red be in Zoning District 0-2 , as defined by
existing ordinances of the City of De]may Beach, Florida.
.310-H
Page 2 - Ordinance No. G-500
SECTION h. That theland hereinabove.described shall
immediately become subject to all of the franchises, privileges,
immunities,, debts, obligations, liabilities, ordinances and laws
to which lands in theCity of D~lray Beach are now or may be, and
persons residing thepeon shall be deemed citizens of the City of
De]may Beach, FlOrida.
SECTION 5. That if any word, phrase, clause, sentence
or part of this ordinance shall' be declared illegal by a court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion.
PASSED in regular session on the second and final reading
on this the 26~h day of August, 1963. '
,,, /S~WALTER DIETZ
M~YOR
ATTEST:
ROBERT D. W~RTHIN(}
"City Cl i-k '
Pirst Reading .. AUgust 12. 196~
Second Reading .Amtmst 26~'19%3 .
668,