12-09-63 DP*(i!~VtBBR 9, 1963,
A r~gul~r meeting o5 the City Council of Delray Beach was held
in ~e ~c~l ~~ at 8~00 P.-M., 'with ~r Walter D~ehz in
~ir, Cit~ ~t~ney ~ ~ss Ad~e, and ~ci'lmen A1 C. A~,
~r~ ~. ~ro~, ~o~e ~t, ~r, and Oliwr w. Woodard, ~r., being
present.
1. An open~nq pra.~r ~s del~ver~ by V~-~a~r ~1 C. ~very.
2. ~e Co~c~l m~nu~es of the reeler meeting of Nove~er 26th
and special meeting o~ Sove~er 21s2 ~re ~an~mousl~ approved on
motion by ~. ~odard and se~nded by ~.
3. ~ere ~re no p~l~c re~es~s ffrom the ffloor.
4.a. A roll call shoed the follov~ng C~v~c O~an~zat~ons a~ re-
presentak~ves to be ~n attendance~
Lea~e of ~men Voters ~. Frank Care~
Cha~er of C~erce ~. ~e~
Breezy R~d~e Estates ~. ~ohn S~rd
~opic Isle C~v~c Association ~. ~ohn ~lstead
Board o~ ~altors ~, R. R. Bonnell
~ach Tanagers ~ague Col. Duqal G. Ca,bell
P~a~[ng Board Col. ~ndre~ ~. Fabens
5. Ct~y Clerk Wor~tng read ~e ~ollowtng le~er to the Council,
dated Dece~er 9th, 1963 and signed b~ ~. H. Cleckle~, Viola Plu~er,
&. T. Fields, Outnce CleokleM ~d ~la ~mp as officers of the
of the ~ivinq ~de
"we are ~iting in to get permission to build a new church
on our ~u~ch p~rtM at S. W. 5th Avenue, ~ts 37, 38 and
39 o~ Block 32, 329 S. W. 5~ Avenue."
~. Avery ~ved that ~is request be refer~ed ~ ~he Pla~ing
Board ~or p~ltc hearing, ~e ~tiOn being seconded bM ~. ~odard
and ~animouslM carried.
5. Ctt~ Clerk Worthtng read the .~ollowtng letter to the
~ctl, ~ro~ ~. H. ~. ~ohnson, dasd Dec.er 9th~
"X, Hasten ~. ~ohnson, propose to purchase ~aC property
o~ T. S. and B. S. Hatcher in Block 40, Grovepark Sub-
divisi°n, ~ts 14. 15, 16, 17, 23 24 and 25.
We re.est conditional or pe~issive use off lots 23, 24 and
25 bordering $. W. 4th Avenue for nursery use and parking
of e~ipment, including trucks, mowers, fertilizer storage,
ect. We propose to fence a plant shrubery so as to make
the area as at.active as ~ss~ble. We re.est your favor-
able cons~deration. ~p ~s attached."
City Clerk worth~ng ~nfo~ed ~e Council th~s ~operty mentioned by
~. Johnson ~s dir~tly Nor~ across ~e street from ~e present City
Nurse~ at S. W. 4~ Avenue and 4~ Street, and that it ~s reco~ended
th~s request be referred to the Planning Board for review and
co~ndation, it ~ng so moved by ~. Tarot. ~e motion ~s second-
ed by ~. Barrow and carried ~an~mo~ly.
with a bad case of ~a~yngitis.
5.a. Mr. Woodard informed the Council that he recently had con-
versation with Mr.~arren .Grimes concerni~g'theannexation of some
of his property whichnow lies'within the Count~i near Lake Ida. Mr~
Woodard displaye~ a!~m&p showing t~e'Port~on :of 'Mr. Grimes' property -
that is now within the City limits of Boynton~ .'also two areas'that
are contiguous to the City limits of Delray~Beach which Mr. Grimes
would be wilting to~"'a~n~xed ~o"'DelraF~Beach 'if a. ~avorable agree-
ment c0uld be worke~ 6ut~ and cOmmente~ f~=ther=~ "The area we would'
be considerin~ .immediate~,~ i.s that area w~uh is immediately wes~ o,~.
the Un.~ty Ch~'~ch pr6p~=t~ ~n~. N~r~h :of~ N~ '~;:'...~2,d 'Street. The '~asi~
on whiCh this would:"~'b~%g~t i-n%0 :the c6m~unity wohld be tha('.it
would be brought in~n~W'~:'metes and bound,~ ~h't until such t~e
this area were developed that it w°61d' be %~x&'d ~n ah acreage b~sis~
of $1,500.00 an, acre and that as the area was developed, the area
that was developed would then be put 'on a normal tax basis. The City
now has extended City:,wate.r service to the corner of the Unity Church
property and at City expense we would extend water main service to
thisarea. Primarily the expense to the City. WOuld be the extension
of the water main service which would be rather a short distance, and
engineering wise I assume that we would bring a line straight west at
such time aS it is desired and needed and we would undoubtedly extend
a water maia..~p.t~.4~hm~o~a ,oul-.cle~aa~,~o~s~vm
area. I have discu~S~d th'is withe'the Planning and Zoming Board and:
they concur contingent on,,~:of course, tha~.,this ...... area is. developed,.
that the development on these lots would'be'in accordance with our
subdivision ordinance-that is now on the books and which exists.
Consequently, I would'like to request at this t'ime, or I will'move
that the City Clerk encompass these facts in a letter which would
sent from the City to:Mr, Grimes indicatkng th~! the City is wii~ing
to consider this property for annexation on this basis. I believe
then when Mr. Grimes could execute a requp~t for annexation on this
basis we could procee~ with the proper Ordinances to bring this intb
the City."
· :~ . '.. ,~ ~.
Poilowing di~c~sSion as to..whit~er't~is ~as n6rmal.procedure
in the policy of the water'department, Mr. Woodard commented again:..i
"I willao move that ~he?C~ty'Administ~ati~n~.~end a latter to
Grimes from the City indicating that ,we have discussed this proposal
and that the City is Willing to consider this. annexation on this
basis." The motion was seconded by Mr. Averyand carried unanimously,
5.a. Mr. Woodard reported that he, aiong with Building Inspector
Bughson, representing the city Administration, Mr. William Koch re-
presenting the County Plashing.& Zoning Board~. and Mr.'Kenneth Jac~bson
representing the CityPianning & Zoning Board, had attended'the re-
cent Planning/Zoning Conference and are endeavoring to, bring the 1965
Conference t~'DeIra~"~a~:""~urt~e~~'tha~:~h~'A~s6c~a%i°n' seem~'~er~'
captive to this idea, and he feels it importaAt ~o i~clude in the
budget for next year an .appropriate'sum in..the,Plannlng m Zoning, Board
budget to accommodate representatives from the City to go to next
year's Conference to follow up on the bid for the Conference to be
in Delray BeaCh in i9~5. .Mr. Woodard Said'the ~°nference at that
time should be comprised of about. 200 members from the State Associ-
ation and that they would be here for s periodi:of four days and he
feels that would be economically good for DeXray Beach, also that it
would requir~ coordtn~tion~..with the~.Chambar.~of Comme~ce concerning
specific faci.lities andaccomm~ations.
Mr. Avery move~ that the c0Unci~ end6rSe,the iaea presented
by Mr. Woodard, themOtion being seconded by Mr. Barrow and unanimous-
ly carried.
-2- 12-9~63
5.a. Mr. Woodard re~orted the receipt of the appraisal from Walter
a. Puckett that the City,ad asked for on the four parcels of land
that.~ave been considered ~or exchange on the parking situatio~, and
that this appraisal had taken'eight days to complete at a cost to the
City o~ $800.00.
Mr. Moodard reviewed the appraisal and said it would clarify,
in the minds of-the public, that the action the Council has taken
on this has been just£fied and the Councit has moved on sound ground.
Mr. Sarrow complimented Mc. Woodsrd on the wonderful work he
has done but since there had not been sufficient time for the Council
to study this ampraisal since At had been received, moved this item
be tabled and placed on the agenda of-the next meeting, the motion
bei~gseconded by Mr. Talbot. Following discussion, the motion was
amended and agreed upon by Mr. Talbot who seconded same that this item
be considered ThUrsday morning'December 12th, at which time tonight's
adjourned meeting would be continued at 9=90 A.M.
Mr. Robert Gracey called ~ouncil attention to the fact. that
one of the parcels of 9ro~erty ~onsidered in this e~change of proper-
ties is owned by a person living in the North and the option on that
parcel of property e~=pired No,ember 30th, further, that the appraisal
submitted increases the value-of that certain piece of property quite
a bit over the sale price agreed ~pon, which may be a risk to the
City when this fact appears in the newspaper.
.Upon call of roll that th~s item be tabled until 9~30 A.~. ~hurs-
day ~Hen f~s ~neet~g~=es~ %~e moti~
S.s. Mayor Dietz submitted the following report~
"Final Report To The Council on Community Center
December 9, 1963.
The new community center is coming along splendidly.
The grounds are being finished by Mc. Cartee and he is
doing a'wonderful Job. The play ground equipment is on
hand and is to be installed after the grounds are ready
to receive same.
It has been a pleasure to work with Architect Hanna and
Contractor Herig.
It is felt that at very lo~ cost this community center
will be a show place of South Florida.
There are a few things yet to be done and I thought it
best to list them in the records so if .they are not
completed by December 31, 1963, someone else could carry
o,~ to ~%e finish.
1. Roof to be tested for leaks and water run off is
not to be over the entrance.
2. Water Bubbler for kids outside.
3. In accordance with a communication of August 7,
1963 there ks to be no rumble or.noise in the
ducts .~hen the ducts are put in operation.
4. The kitchen ~rlndow screen on the outside is to
be a sliding Screen in accordance with communication
of September 30th, 1963.
5. There are some holes An the parking area that are
to be taken care of.
"the swinging door on inside side.
8. Refrigerator to be inata~led when floors are
finished.
9. Check drive way for proper width on east end of
turn.
10. Floors-this has bean holding up the job and are
presently unacceptable. 'Crackscanbe taken care of
satisfactorily but'the finish and co~orhave caused
some concern. We have had communications on the 22nd
of August, 8th of September, 17th of November and the
firs2 and 4th of December. Fortunately it looks like
a solution is at hand.
I should like to give this to Mr. Worthing to be made
a'matter of record in the minutes of this meeting."
As a suggestion, for what it may be worth since ! have been thinking
about this subject, the Superintendent in my' opinion should be a
qualified man and should be given ~olice powers while on the premises
so if anyone becomes unrulyhe can immediate~y take the proper action.
The Janitor. ! would like to see be a night Janitor, with the
lights going all night, to eliminate any vandalism. The Superintendent
would be there in the day time until closing and the janitor would
work then and also water the grounds and do whatever had to be done,
but he could do it at night. :I think there is a lady that has been
with the City some thirty-two,years that could do 'the-light cleaning
that is necessary in the day time, and in that way I think you would
have the Community Center well protected £or it will need protection
in the area that it is in. Thank ~ou."
Mr. Paul Herig, Delray~Beach resident and also the Contractor
on this WeStside Community Center, commented as follows= "Mayor Dietz,
with reference to the items that you have ! would be very glad to
explain. No~ 1. The roof. You say it has to be water tested. If
it is to be water tested, it must be done ky people other than our-
selves due to the fact that . nowhere in the specifications or our
contractual agreements ........ as long as this is a ma.fret of record
I think things shoUId be straightened out. I would not want to be
put in a compromizing position by another Council or perhaps to undue
criticism of others.
You Say there are holes in the parking area. The parking area
was examined by Mr. Hanna and myself and we note that there have been
certain amount of this. Incidentally, it is not an asphalt parking
apes, the driveway ia however, but the parking area is what you call
a sand seal-. -That is sand sprinkled over tar, the tar is in turn
adhered to the under layer which is rock.' That has been done by City
tractors going over the top of the parking area and I, as general con-
tractor, feel that I wi1! not be responsible for damage done by City
equipment on the parking area.
Another item. on there I believe was the improper painting of
the interior of the cabinets. The interior of ~he'cabinets. were
finished in a natural finish in '.accordance with the wishes and desires
of the color selecting board or committee tha~ was set up, It was
gone over very carefully and very thoroughly with a representative of
Yeoman & Smith and okayed:by them."
Mayor Dietz: "I'm talking about in the reception room. The
lobby, the plain plywood that hasn't even been stained or painted."
Mr. 'Herig= "That has been a natural coat of lacquer, two coats
of lacquer according to the manufacturer Yeoman & Smith.
Another item I believe is'about the driveway 'being short on its
radius. I believe that has. been measured and you. will find it to be
alright.
-4- 12-9-63
'~ou mentioned cracks in floors. We have a large expanse, some
6,000 feet of floors out there, ~hereby the building being cut up as
it is, and being of concrete block construction,we have no internal
partitions of any wood whatsoever which causes a natural place for a
crack to start around door openings. We have cracks in that floor the
same as we have cracks in our other Civic Center and this particular
bu~lding, however, we feel that the cracks are due to expansion and
in no way are due to any structural defect or lack .of improper material
or design and that is in turn verified by Mr. Hanna,the supervising
archi~ect.
Now on the floor situation I thought something like this m~ght
come up, and inasmuch., as it is rather long and involved and ! WOuld
like to go on record, I would like to show you the situation that the
Genera! Contractor and the Architect have been up against on this
particular floor. The following is sort of a recap of the general
situation that we have run into,
"~ecap of Recreation Center Interior Floors
Page 6 - Sec. 6 - Interior Concrete Floors-
'These shall be 3000% con~rete reinforced as shown and
finished with a colored hardener, smooth troweled. Colored
hardener shall be hydroment, in tan color.'
Hydroment is s powdered hardener aPPlied by dusting the slab
surface when the floors are poured. This is then.troweled
to produce a smooth surface and becomes the finished floor
surface.
-Page 4 - Sec. ~' - Reads In Part
'Remove stains, spots and smears from floor.'
Page 4 - Sec. 2 - Reads In Part
'Proper. execution of the work as shown or reasonably inferred
for the. proper execution of ~ork by. the generally .accepted
standards of good construction.'
Before being awarded the building contract and while still
estimating the plans, I called Mr. Hanna, the Supervising
Architect, and asked if the'cost o~ a floor sealer should
be inoluded in the contract price. I was advised to base
my cos~ on the specifications, a.s written, and that if a
sealer wes deemed necessary, it would be added at a later
date. After being awarded the contract I was .advised by a
letter from Mr. Hanna, dated May 30th, that the hydroment
color had been changed to French gray.
Upon receipt of this letter, ! i~ediately requested the
use of a hydroment sealer to protect the surface against the
elements and construction stains. The color now beinq French
gray presented a problem for protection against spotting and
blemishes. Normal construction blemishes are not apparent
on a tan color but a color that borderlines on charco:91 shows
every mark and blemish.
It was my opinion that unless a sealer was used I wou~ld be
unable to comply with-~the provisions of section ! and 2, Page
4 of the ~eneral Building Specifications.
Mr. Limpach, regional representative of the Upco Corporation,
........... ' '----~ ..... ~- ,..,--,..,,,,-- ,,,{t.l~ ,wv r~Dinion on
"I would like to bFing to your attention at this time, that
the floor was placed after the roof had Been installed to
further protect the hydroment finish.
On June llth, I authorized the purchase of gray by, foment
by Green &Matra, Inc. concrete sub,contractors for this,
work. Mr. Green advised me that in his opinion a sealer
should be applied to the hydroment immediately upon finish-
ing. He further offered to perform this work at his cost
as he said it was foolhardy to proceed without it and that
he would not want anyone to think he did not take pride in
the work he produced.
I again requested a sealer Be used and gave Mr. Hanna Green
a Marrs*s price of appr°ximately $200.00.
I also had the opportunity to talk to Mayor Diets several
times regarding the use of a floor sealer, the last time
being ABgust lath. Mayor ~ietz informed me that this was
not included in the specifications and referred me to Mr.
Hanna.
Mr. Hanna advised Mayor Diets, sometime in the interim, that
a floor sealer was necessary for the protection of the floor,
to seal the pores and to insure against the problems that
have now arisen, namely, an unsightly floor. Mr. Hanna
further advised Mayor Diets that it would greatly decrease
the initial floor maintenance cost and moneywise would pay
for itself in a very short time.
Mayor Dietz's answer to Mr. Hanna was that it was not in
the specifications and that ha did not wish to pursue the
matter further. Mayor Diets made this decision with full
knowledge that the seal was considered essential by
1. The supervising architect.
2. The general contractor.
3. The manufacturer's representative
4. .The concrete sub-contractor.
On August 19th and 21st we placed 5,068 square feet of
unsealed hyd=oment.
Starting with August 22nd I have received numerous letters
directed to me or to Mr. Hanna regarding the installation,
color and general unsightly appearance of the hydroment
floor surface.
Briefly, Mayor Dietz does not like the floor.
Over and above ~he unsightly appearance, he does not like
the color.
I agree with Mayor Diets that the floor appearance is not
satisfactory.
As far a~ the color goes, it is the exact col0r as specified
and appliedo If this color does not agree with Mayor Dietz's
preconceived idea of what it should look like, it is beyond
my contractural agreement with theCity to so rectify.
In the Spirit of Cooperativeness and because I also feel
that the. floor appearance is unsatisfactory, I have endeavored,
along with Mr. Hanna,.to provide a pigmented wax sealer,
normal!yused asa maintenance item, to recondition these
floors to where theywi11 be accept&b1e to Mayor Diets.
-6- 12-9-63
"'Numerous experiments have been made usin~ homemade and
manufactured products with samples being viewed by Mr.
Hanna and Mayor Dietz.
Naturally, the obvious solution would be to use the pro-
duct manufactured and recommended by the makers Of hydro-
ment.
This was the first thing done and the sample was approved
by Mr. Hanna.
Not so, by Mayor Dietz. Wrong color~
Although this item was a companion product made for the
express purpose of aPPlying over French gray hydroment, it
suddenly became the wrong color.
After exhausting every means at my disposal to produce a
color that islsatisfactory to Mayor Dietz, he now exgresses
an interest in the original sample of gray as far as color
goes but in his letter dated December 1 he states that from
the standpoint of scuffing, it is not acceptable.
Today ! was advised by Mr. Hanna that Mayor Dtetz wants a
complete'room done, as per the original gray sample, for
his consideration,
I have been awaiting a decision for the problem at hand
since October 7th and now I am right back where I started.
At this point, gentlemen, you are as famiiiar with this
problem as I, and I would appreciate it i~ you gentlemen
as a Council would instruct Mr. Hanna on how to proceed."
Mayor Dietz~aid this was a matter for the Architect and the
Contractor to work Out and that Mr. Hanna had assured him that it
would be worked out.
Mr. Herig commented further: "I still request that you gentle-
men, as a group, instruct Mr. Hanna or myself in this procedure. I
do not think it is up to one man to decide what is' right or wrong.
The product that is to b~ put on is to be put on a~ the present time
at no expense to ~ City and the reason that is being done, although
I believe that my ~htract states that it will be done such, the Con-
tract ~aS changed by the specifications and the City and the Architect
were dU~Y advised that I woul~ be unable to perform thoseparticular
sections of the Contract. and I think at the present time I am being
very ~enerous in making this offer to the City of producing a floor
that i would consider is satisfactory and the architect would consider
satisfactory. The only thing I request is that the Council, as a
group, either investigate this or take action and kindly advise us as
to their reConn~endation, as my contract is with the City of Delray
Beach as represented by the City Council."
Mayor Dietz said the Architect has the responsibility for the
job and comes directly under the City Council, further, that he feels
there is no necessit~for Council action unless the Architect requests
it.
Following other discussion Mr. Avery said he felt it was in
order . to move' that the Council instruct the City Manager to schedule
a ConferenCe with the Architect and the Council on this matter at the
quickest possible moment, the motion being seconded by 'Mr. Woodard who
asked Mr. Averv if he would include in ~he motion that this b~ ac-
Thursday, to which Mr. Avery agreed, and said that he hoped the
Council Could'haVe such cOn£erence with the Architect and aisc go to
the Commtmity Center site and' then come to a decision Thursday on the
recommendat'ion cf the: Architect.
Mayor Dietz said that he desired the Council inspect the floors
at this time. Upon cai1 of ro11, the motion carried unanimoue!y.
6.a. City Clerk Worthing said that an offer .by the property owner
to sell to the City Lots 26, '27 and 28 in Block 41 was submitted to
Council at the last regular Council meeting and was referred to the
City Manager for determination of asking price and recommendation
thereon. Further, that the asking price is in the amouht of $2,550.00
which is considered excessive, and since there ~PPears to be no need
for the land it is recommended that the 'offer be declined, it being
so moved by Mr. Woodard. The motionwas seconded byMr. Talbot and
carried unanimously.
6.b. Mr, Avery informed the Council that City Manager Holland had
asked City Engineer Fleming to report to Council concerning the East-
side pool.
City Engineer Fleming reported as follows= "As you no doubt
know the difficulty with the City's salt water pool is that the salt
water intake has become inoperative. This is a box-like screened in
structure which lies off shore in the water and on bedrock with a
considerabl~ over burden of sand. An inspection of it proved that
it has become calcided or an incrustation of rock-like substance has
formed over it so it can't be repaired. Xn order to reinstaX1 a
simila= structure it would probably necessitate building some kind of
a cason and considerable under-water work which is very expensive.
For that reason we have dropped down a 4 inch experimental well, salt
water well, in the area betwaeh the water and the sidewalk on the
beach side and imm~diately North of the pavilion. This Well is
dropped down a matter' Of 15 or 20 feet to the bed-rock and it has been
coupled up and the swimming pool pumped fy11 of water from this well.
The water in the pool may have a slight color tint which we expect is
probably an organic tint which, although the water has not been chlo-
rinated yet, I think the chlorine may remove-it, however, this I
beXieve and it is Mr. Carroll's belief alsO, will disappear with an
amount of pumping. However, it took about 24 hours to pump the pool
full' wi~h this water. Mr. Lee'Reed of the Board of Health states that
this type pool must have a change of water every six hours, th~s being
a 108,000 poo~ this would mean it has to have an intake of.approxi-
mately 300 gallons per minute. The well which we have, the single
well, apparently furnishes about 75 or 80 gallons per minute. What we
propose to do is put t~ree additional such wells a distance of fifteen
or t.wenty feet apart in a line up and down the beach and couple
all together in a single header which will go over to the ~wimm~
pool, the pump being housed in the swimming pool so it can't possibly
be damaged by the cutting of high tides and wave action. The cost of
these wells and coupling the~ up will be in the neighborhood of
$2,000.00 to $2,500.00. It is also recommended'that a new pump of the
self priming type be installed. The existing motor is satisfactory.
The total cost will be in the neighborhood of $3,000.00 which is
considerably less than we gan. possibly expect to put the original, in-
take back for. It also has ~he advantage that as these wells become
clogged, they can simply be pulledand cleaned periodically and I
believe will give a much more satisfactory performance than the intake
did. The Finance Director tells me that there is $1,200.00 available
i~% this fund, and if the Council wishes.to proceed in this manner, I
believe the installation can be made and the swimming pool fully
optative withina period of a week, more or less. It would require
the.~authorization of $1,80'0.00 from Contingency or other funds."
-8- 12-9-63
Following discussion, Mr. Avery mov~ to authorize the drill-
ing o.f the wells and that $1,800.00 be transfe=red from the Con-
tingency Fund to the East Side Pool and Beach ~ccount for that pur-
pose. The motion was seconded by Mr. Talbot and carried unanimously.
?.a. City Clerk worthing reported that the following request had
been received fromMrs. James L. Bowen, Jr., Chairman of the Presi-
dents~ Parley of the Garden Clubs of Delray Beach, aad that should
Council favor this request, it is suggested that it direct that a
Resolution be prepared to provide for such recognition:
"The Presidents~ Parley of the ? Garden Clubs of Delray
Beach requests that the Council consider the adoption
of the Ado~idia Palm as the 'official~ tree for Delray
Beach, and that it be featured throughout the city as
it is now along Atlantic Avenue.
This request.follows a thorough investigation by an
appointed committee, the presentation to each club,
and a unanimous vote by our 250 members. The Adonidia
Palm (sometimes called Christmas Palm) was chosen as
the most adaptable and suitable for planting in
further beautifying our city.
If this meets with the approval of th~ Council members,
we plan to promote the planting of this ~ine tree
with a special program on Arbor DRy, January 17, 1964."
Mr. Avery moved that a Resolution, be prepared as suggested, the
motion being seconded by Mr. Talbot and carried unanimously.
8.a. City Clerk Worthing read I~ESOLUTION NO. 1464.
A ~ESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, DE-
DICATIN~ CERTAIN LANDS IN THIS COM-
MUNITY TO THE MEMORY OF PAU~ S. KNOWLES
IN RECOGNITION OF HIS UNSELFISH AND
DISTINGUISHED SERVICE.
WHERF~S, the late Paul S. I(nowle~ gave untiringly of his time,
leadership and ability to serving the City of Delray Beach~ and
~EREAS, the City of Delray Beach is a better community as
a result of his unselfish and distinguished services, particularly
in the areas of planning, zoning a~d beautification~ and
WHEREAS, the City Council on behalf of the citizens of the
City of Delray ~each, being, desirous that his efforts be recognized,
acclaimed and permanently recorded~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DEL~AY BEACH:
In honor and deep appreciation o~ the distinguished and un-
selfish service which the late Paul S. Knowles rendered this City,
the following desc=ibed real property is hereby named "Paul S. ~owlea
Park":
That part of Lot 25, Block 2 of Model Lan~ Company's
Subdivision of W~ of Section 21-46-4~ as in Plat
Book 1, Page 128 lying East of Easterly right-of-way
line of State Road No. 5 (U.S..HWy. %1 Northbound)
Lot 9, BlOck 2 of Model Land Company's Subdivision
of W% of Section 21-46-43 as in Plat Book 1, Page
128 Less that portion of the North 100 feet thereof
which lies East of a line parallel to and 40 feet
Easterly of, measured at right angle, to Southerly
extension of East right-of-way line of 7th Avenue
as recorded on plat of Rio Del Rey Shores in Plat
Book 25, Page 5.
PASSED and ADOPTED this day of ,
A.D. 1963.
Resolution No. 1464 was unanimously passed and adopted on
motion by Mr. Avery and seconded by Mr. Barrow.
8,b. City Clerk Worthing presented ORDINANCE NO. G-517.
AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH LOTS 24, 27, 29, 36 AND
41, LAKE SHORE ESTATES, WHICH LOTS ARE CON-
TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEPINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LOTS~ PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LOTS; AND PROVIDING FOR
THE ZONING THEREOF.
(Copy of Ordinance No. G-517 is attached to and made a part of the
official copy of these minutes.) (See Page
There being no objection to Ordinance No. G-517, said Ordi-
nance was unanimously passed on this second and final reading on
motion by Mr. Talbot and seconded by Mr. Woodard.
8.c. The City Clerk presented ORDINANCE NO. G-518.
AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELP~Y BEACH CERTAIN LAND, NAMELY LOT 64, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. G-518 is attached to and made a part of the
official copy of these 'minutes.) (See Page 576-D)
There being no objection to Ordinance No. G-518, said Ordi-
nance was unanimously passed on this seoond and final reading on motion
by Mr. Woodard and seconded by Mr. Barrow.
8.d. The City Clerk presented ORDINANCE NO. G-519.
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY
OF DELRAY .BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 23,
LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL. LIMITS OF SAID CITY;
DEFININ~ T~E BoUNDARIeS OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF.
-10- 12-9-63
Ordinance No. G-519 was unanimously placed on ~irst reading
on motion by Mr. Woodard and seconded by Mr. Barrow.
8.e. City Clerk Worthing presented ORDINANCE NO. G-520
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY
OF DE~RAY.-BEACH, Fr. ORIDA, REZONING AND PLAC-
ING LOTS. 18, 19, 20, 21, 22, 26 and 27, Mc-
GINLEY and GOSMAN SUBDIVISION, DSI~AY BEACH,
PLORIDA, IN !!R-3 MULTIPLE FAMILY DWELLING
DISTRICT", AND AMENDING "ZONING M~P OF DELRAY
BEACH, P~ORIDA, 1960".
Ordinance No. B-520 was unanimously placed on first reading on
motion by Mr. Talbot and seconded by Mr. Avery.
8.f. City Clerk Worthing presented ORDI~NCE NO. G-521.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF D~.LRAY BEACH, FLORIDA, REZONING AND PLACING
LOTS B, C and D, TROPIC PALMS, PLAT ONE, D~.LRAY
BEACH, FLORIDA, IN "R-iA SINGLE FAMILY DWELLING
DISTRICT"., AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, .1960",
Th'e City clerk referred to a letter from. Mr. J. D. Halstead,
d~ted~ D~ce~ber 2nd, ~.objecting to the rezoning of Lots B, C, and D,
Trop~i~'c Palms-as r~flected in Ordinance No. G-521.
Ordinance No. G-52~ was unanimously p.laced.on .first reading on
motion by Mr. Avery and seconded by Mr. Woodard.
8.g. City Clerk Worthing reminded the ~Ouncil that Ordinance No.
G-510 had been presented to them on October 14th, 1963, but action on
same was deferred until such time as the Planning/Zoning Board, as
directed by Council at that time,, could hold a public hearing for
reclassification of the remaining lots within that block. Further,
that said public hearing had been held, and as a result of recommend-
aticn to the Council, followed by Council action, Ordinance No. G-520
had been prepared end presented ~to the Council at this meeting.
City Clerk Worthing then presented ORDINANCE NO. G-~10.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF'DELRAy BEACH, FLORIDA, R~ZONING AND PLACING
LOTS ~3', 24 and 25] McGINLEY AND GOSMAN SUB-
DIVISION, DELRAY BEACH, FLORIDA, IN "R-3 MULTI-
PLE FAMILY. DWELLING DISTRICT", AND AMENDING
"ZONING MAR OF DELRAY BEACH~ FLORIDA, 1960".
Ordinance No, G-510 was unanimously placed on first reading on
motion'by Mrl Woodard and seconded by Mr. Talbot.
9.a.. Concerning a Pension Plan for City employees, City Clerk Worth-
ing reported that copies of proposals from . · Wil-liam M. Howard,
D., and the Wyatt Company had been presented to the Council, further,
that the Council-appointed pension commi~ee recommends acceptance of
the-proposal submitted by th~ Wyatt Company, and subject to CounCil
approval, suggested an appropriation of $1,500.00 from the Contingency
Fund to cover the.. cost thereof.
Mr. Woodard, a member of the Pension Committee, explained"~as
followe.~ "I asked that this item be placed on the agenda tonight
actuarial firms who are'experienced in pension programs, to compile
for:the City in accordance with Council instructions an analysis of
our existing situation, and also to draw up alternate pension pro;
posals which would be submitted back to the Council for their dis-
cussion and decision at which time as they were completed." Mr.
Woodard then asked if the Council wished to authorize the firm that
had been reccmended to proceed or whether this decision would be
made by the next Council.
Mr. Talbot asked if this included a survey of the Police and
Fire Pension Funds also, to which Mr. Woodard replied that a pension
Program could be established forths City which would or would not
include those pension programs. Further, that they have their own
programs at this time, but it wouXd-be legally possible to incorporate
their pension programs into an overall Program, and'that is one of
the things that would have to be considered and discussed.
Mr. Woodard explained further: "At this stage of the game,
what this firm or any firm would do WOuld be two phases. Phase No. 1,
would be to Come in and make an actuarial study of the existing struc-
ture and facts. Just get the facts to' see what types of programs
could be arranged. Phase No. 2, lOgicallY the City C°uncil would
then instruct the firm, with the facts he had at that time, to com-
pile three, four or five, or how many besictypeS':of;'programs the City
would desire. When these programs were then compiled, they would then
submit them Sack to the Council and the council could, at its own
discretion,~etarmine which one of these basic types of programs, 'which
might include the police and fire or might not, it would be up to the
Council, and you would probably also want to find out from the Police
and'~!=e Departmentswhether or not they wanted to include their pro-
gramsin this overall program. (Mr. Avery asked if the price quoted
WoUld include the POlice and ~ire Pensions). Any ultimate cost to the
City is based on an hourlybasis. They charge the City based on the
number of~urs they put into their analysis, however, they have in-
dicated,~':!~,~maXimum amoUntit WOuld cost the City would be
$1,500.00~'~%0~'~% this pension studyto this stage. That would be to
a stage Whereby youlwould have decided on a type Of program and at
that time you could then invite anyone who was interested to partici-
pate in bi~ding on these programs to take this ~rogram under advisement
and subm~i.:to the City their'particular proposal."
It was brought out that the Police and FireDepartments have
pension plans that are set up by the State Legislature, which plans
were modified by recent leglslation and.seem to be Satisfactory.
Mr. Woodard explained further= "I don't know what the legai
ramifications are of the existing Police and Fire Pension. programs,
however, depending on what the-Council instructs the actuaries to do,
they will consider any legallypossible a:lternatives for the Police
and Fire Departments so whatever program they participate in, it will
be to their advantage to do so. They will have an option there."
Mr. Avery asked Mr. Woodard if this item was deferred, until the
first regular Council meetin~ in January would he be kind enough to
be chairman of the committee and present the item to the Council at
that time, to which Mr, Woodard replied that he would be glad to serve
the next C°uncil in any way they wished him to.
Mr. Avery then moved ~hat this item be tabled and broUght to
the Council at the first meeting in 1964 following the Organization~!
meeting. The motion was seconded by Mr. Barrow and carried unanimous-
ly.
9.b. Relative to an outdoor advertising display sign, which item
was referred to the Plan~ing Board on November 26th, the following
Planning Board report was read=
"The Planning Board held a meeting on December 3rd0 196~
Attending were the following members~
Chairman James Sinks
Richard Hanna
Kenneth Jacobson
Richard Jebb
Andrew Fabens
Stuart Lankton
Jack Kabler
Ralph Hughson
The request of Robert E. Archer, referred to the Planning
Board by Council, to erect one outdoor advertising disp!gy,
rather than three smaller ones on the same porperty, wa~
under consideration. The Board feels that no public hearing
is required. A motion made by Richard Hanna, seconded by
Jack Kabler recommendsthat the request for an Owners Tem-
pozar¥-'~eal Estate iV' sign, 8' hy .16~ be permitted on this
property. This motion was unanimously approved."
City Clerk Worthing reported that Mr. Roy Calamia had been
contacted concerning the propoaed sign and that he had no objection
to such a sign.
Mr. Avery said that in view of the .fact that the Planning/
Zoning Board had unanimously recommended the request for said sign be
granted, moved that their recommendation be agproved. The motion was
seconded by Mr. Barrow and carried unanimously.
9.c. Concerning Council's recent referral to the Planning Board of
Mr. E. B. Nichol's request to display and sell trailers at his auto
agency located.on theSouthwest corner of Federal Highway (Northbound)
and S. E. 1st Street, the Planning Board report dated December 4th is
as follows:
"The Pla'nning Board held a meeting on' December 3rd, 1963.
Attending were the following members~
Chairman James Sinks
Richard Hanna
Kenneth Jacobson
Richard Jebb
Andrew Fabens
Stuart Lankton
Jack Kabler
Ralph Hughson
The request of E. B. Nichols to display and sell House Trailers
within thecity limits, was ~iscuSsed. The Planning Board
is very much in favor of the trailer ordinance as it is now
enforced, but if the City Attorney rules that the sale and
display of trailers falls in the category of Sec. 29-7.2,
C-2.general commercial district (A) uses permitted, there
could be no objections and the license for new and used trailers
sates shouldbe issued. (Unanimously approved).
City Attorney Adams stated the reason this item was referred
to the Planning Board was that it wes felt that trailer sales were
in the City except those that are parked temporarily or passing
through tow~, and feels this should be referred back to the Plan~
Board with the request that they study the feasibil~ty of an
permitting the sale of trailers as long as it is limited in number and
also as an incident to an automobile~sales agency.
The legal right to limit a sales agency to one, two or three
trailers was questioned.
Following general discussion, Mr. Barrow moved to authorize
trailer sales in c~njunction with' automobile sales, t~e motion being
seconded by Mr. Avery. C~ty Attorney A~ams reminded the Council the
reason for..wanting this item referre~ back to the Planning Board is
only to get their study on the.feasibility, as at the present time,
in his opinion, the ordinance does not permit the sale of trailers,
and that he felt the.number could be restricted, further, that trailer
lots could be banne~.
Mr. Avery suggested that t~e City Attorney be instructed to
prepare an Ordinance that would be satisfactory, and Mr. Barrow with-
drew his motion. Following further discussion, Mr, Avery commented
as follows: "Let us refer this to the Planning/Zoning Board with the
instruction from us that it is our desire to give relief to the auto-
mobile agencies that want to sell this type of equipment, and that
they consult with the licensed auto~obile dealers in '~the City and
come up with a recommended Ordinancethat will provide the relief
which we desire. That there would not be numerous lots with trailers
on them, and that it be understoo~ that the Council Wants to give re-
lief and that this be prepared with the assistance of the City Attor-
ney.'' The motion was seconded by .Mr. Woodard and carried unanimously.
9.d. Concerning parking requirements and setbacks, on West Atlantic
Avenue the following letter from Realtor James R. Branch, Jr., to
Planning/Zoning Board, dated November 22, 1963 was considered by the
Planning Board.
"I am working with Mr, Joe Kern on the appraisal of West
Atlantic Avenue for the State Road Department. In the
widening of Atlantic Avenue a great number of the commercial
properties w~th frontal off-street parking will lose this
parking and in addition some of the parcels will lose a
portion of the building improvement.
The present zoning code says that any building that is
either altered or remodelled must come under the parking
and setback requirements and I am wondering if this will
hold true on the properties fron~ing Atlantic Avenue in the
C-2 area. These buildings were built prior to the zoning
code and do not provide ~arking as specified and if they
were forced to, in many cases, the entire building areas
would become obsolete. Some of the parcels will lose over-
hangs, or possibly one or two feet of the front, where others
will lose as much as ten feet. If, for example, the theater
buildin~on the corner of ?th Avenue after losing nine feet
of building area were forced to provide two for.one parking,
there would not be enough of the building left to justify it~
existence. This situation holds true in several of the other
parcels to the east.
I would appreciate a ruling from your Board as to:
(1) Will the ten foot setback be required for buildings
losing there present setback and in some cases part
. of the building area?
-14- 12-9-63
(2) Will the two for one parking ratio be required for
buildingsthat will not be able to offer parking
after the ~taking~.
A th/rd forseeable problem is the paving of parking lots.
If you do require them to have the proper parking ratio
as in order 'to get the adequate number ofspaces, some
Of the buildings would have enough rear yard that could
be paved. However, the ordinance provides that this must
be hard surfaced. Most of the rear yards are used for
the drain fields connecting with the septic tanks, and
for aeration purposes, could not be hard surfaced'and
dust free as provided by ordinance.
~n all fairness to the property owners, it would seem
that since their property is being taken because of
eminent domain° that an exception should be made ss to
the parking regulations and possibly including the set-
back regulationsJ I would appreciate very much hearing
from you at your earliest convenience so that we may
proceed with the appraisal."
The following, is the Planning Board report to the Council con-
cerning the above letter:
"The Planning Board hel~ a meeting on December 3rd, 1963.
Attending were the following members:
Chairman James Sinks
Richard Hanna
Kenneth Jacohson
Richard'Jebb
Andrew Fabens
Stuart Lankton
Jack Kabler
Ralph ~ughson
Re: Letter from J. R. Branch, Jr. and Joe Kern:'
These gentlemen are making an appraisal for the State Road
Department on the property along West Atlantic Avenue.
The problem of off street parking for business houses was
discussed and it is the recommendation of the Planning Board
that, where the road department acquires the parking spaces
that is now being utilized by the property owners in the
front of their buildings, the City would not require the
State to condemn additional property for parking purposes
on the owners property.
It is also recommended that between West 4th Avenue and West
5th Avenue that a uniform setback for structures-that are
remodeled, or for new buildings in this area, ~e'established
at approximately four feet back of'the new highway right-of-
way line, although it would differ from the new~yestablished
setback requirements as set forth in the zoning code."
City Clerk Worthing explained as follows: "If the Council
understood this report as contained in the preface of the agenda, it
would be suggested that an Ordinance be directed to be prepared to
modify the current ordinance concerning setbacks in that one block
the centerline."
City Attorney Adams explained that there is in existence two
buildings between West 4th and 5th Avenues that if a 63 foot setback
is required the State will have to buy the entire business establish-
ments.
It was explained that there is only one unimp=oved lot that
would be affected by said amendment and that an.amendment as suggested
would bring the two buildings .mentioned in line with the other exist-
ing buildings, which would give a uniform building line in that block
on both sides of West Atlantic Avenue.
Mayor Dietz referred to the next to last paragraph in Mr.
Branch's letter concerning paving of rear yard parking, lots and septic
tank drain fields, and said that after sanitary sewers have been in-
stalled those parking spaces could be paved and felt that should be
considered in any ordinance that is prepared.
Following discussion, Mr. Woodard moved that the report be
accepted and. the Ordinance be drawn, the motion being seconded by Mr.
Avery and unanimously carried.
10.x. Mr. Woodard informed the Council that the Finance Director had
brought to 'his attention that the $'500.00 had been authorized to be
transferred from the Contingency Account to pay the expense of the
Puckett Real Estate Appraisal and inasmuch as the appraisal cost
$800.00 the Council. should authorize the transfer of $300.00 additional
money to account No. 910-321-410, and he so moved. The motion was
seconded by Mr. Barrow and carried unanimously.
10.a. City Clerk Worthing presented the following Bills for approval:
Oeneral Fund $89,513.71
Water Fund - operating Fund 37,126.79
Special Assessment Fund 8,804..95
Refundable Deposits Fund 6,520.38
Beach Disaster & Improvement
Fund 22,266.85
Beautification Fund 53.05
Improvement Fund 264.00
Special Trust Fund - First
National Bank of Delray Beach 86,541.72
Special Trust Fund - Delray
Beach National Bank 86,337.69
The Bills were unanimously ordered paid on motion by Mr.
Woodard and secondedbyMr. Barrow.
lO.x. Mayor Dietz announced that this Council meeting would not ad-
journ tonight, but would continue at 9:30 A.M., Thursday, December
12th.
10.x. Mr. LeRoy Merritt, Chairman of the Beautification Committee
asked that the Beautification Committee Meeting minutes of December
5th, 1963 be read, and they are as follows:
"Members present were: Bud Merritt, Phyllis Carey, Clarence
Galinat, J. B. Smith, Wade Cartee, ~harles Toth, Gladys
Little, Marjorie Evaul,.Peg Bowen and Ken Ellingsworth.
The 20 projects listed in the November 16th letter were:
1. West Atlantic Avenue
-16- 12-9-63
"2. N. E. 14th St. at 3rd Ave.
3. Establish a park in the northeast section.
4. N. W. 4th St. right-of-way (Lake Ida Rd.)
5. Cemetery 'entrance.-
6. F. E . C. Railr0ad right-of-way,
7. seawall and sidewalk for City Park.
8. Adopted City tree promotion.
9. Atlantic and A1A (beach side).
10. Trees along N. E. 3rd Ave. from 8th St~ to 14th st.
11. Billboard removal across from Tropic isles entrance,
12. Weed removal from north and south islands.
13. Additional beach plant~Jlg,
14. Store front beautification (merchants)
15. Planting around beach pavilion
16. Back door clean-up (merchants)
17. Sign ordinance in County (south of Delray limits)
18. F. E. C. Station area
19. Fence at Post Office
20. Continuing Adonidia Palm planting.
These projects were considered one by one. Those labeled ~long
range* were numbers 1, 2, 6, 13, 18 and 19.
Bud will check, into properties available for No. 3.
On No. 4 a motion was made by Mr. Galinat, seconded by Mrs.
Little to forward the following recommendation to the City
COV~cil.~ 'We recommend to the City Council that the City
Manager be instructed to remove at once all unauthorized
roadways entering Northwest 4th St., whether'they be improved
or unimproved roadways, and thatthe C~vic Beautification
Committee be authorized to proceed~immediately with the
beautification of Northwest '4th St. from Swinton Ave. to the
west city limits sign.~ Motion carried unanimously,
Mr. Toth. will draw a sketch'for a suitable cemetery entrance
for our consideration at the '~xt"meeting.
No.' 7 will be kept in m~!~ next year*s budget after the
lift station has been completed,
A request has been presented by the Garden Clubs to the City
Council asking for the adoption of the Adonidia Palm as.the
*official~ tree for Delray Beach.
Superior of Parks Cartee will take care of No~s. 9, 10, 12, 15
and 20.
No. 11 has been accomplished.
Ken will contact merchants and store owners concerning No~s.
14 and 16.
George Warren will be consulted on No. 17.
Bud will check into the dog ordinancenow on the city books,
and methods of enforcement, since there have been so many com-
plaints.
The next meeting has been scheduled for Jan. 9, 1964."
Mr. Merritt commented on the development of the areas West of
Delray Beach, and also commented at length on itp~ 4 of the above
BeautifiCation COmmittee Minutes.
Following lengthy discussion regarding present and past Council
action concerning access roads to N. W. 4th Street and Lake Ida Road,
Mr. Avery commented and moved as follows: "Would it be proper at this
time, because we are getting into some assumptions, that we bring this
up Thursday when we resume this meeting~ith direction~o the City
Manager to bring us a detai]edrePort, bringing in the P~anning/Zoning
BOard reports and all of these things, and ~t the same ~me order any
The motion was seconded by Mr. Barrow.
Col. Dugal Campbell informed the Council that several years
ago when he was on. the CounciI there had been an agreement with the
developers of Delray Shores who paid for the construction of Lake Ida
Road that the 0nly access road into it would be $. w. 4th Avenue, that
said agreement had been violated numerous times and that he was very
happy the Beaut£ficat£on Committee hadcaIled Counci! attention to it
in this manner.
Upon call of roll that this item be tabled until Thursday and
that instructions be given that all work cease until then and that a
detailed reportbe brought to the CoUncil by the City Manager, the
motion carried Unanimou~l~.
The meeting was adjourned at 10=10 P.M. to resume at 9=30 A.M.,
Thursday, December 12th, '1963.
DECEMBER 12, 1963.
The regular meeting of December 9th, 1963 continued at 9=30
Thursday, December 12th, 1963, with Mayor Walter Dietz in tbs Chair,
City Attorney John Ross Adams, and' Councilmen A1 C. Avery, ~mory J.
Barrow, George Talbot0 Jr., &nd'Oliver Wi.woodard, Jr., being present.
Mayor Dietz announced that Item No. 6. on the agenda for today
was the ma~n item and he would like for it to be considered at this
t~me,
Mr. Robert H. Cook of B. J. Van Ingen & Company commented as
follower 'In accordance with the understanding which we had with the
City we have prepared and submitted to you Gentlemen a resolution on
the refunding of your 1957 issue. We are prepared now, in accordance
with ou~ agreement with you, to submtt~a proposal for the bonds which
I have here. When we first discussed the situation we were looking at
a market that existed as of that time at approximately 3 3/4 percent
coupons. Since that time, as ! told you last week, the market bas
teriorated somewhat, but the government market has also deteriorated
somewhat which affects this savings to the City because the deterior-
ation in the government market will produce a higher return on your
invested funds. I will give this proposal to Mr. Worthing and let him
read it, and based on our calculations as of this bid together with
the government market as it is as of today there will be a savings to
the City of approximately $140,000.00 by reason of this advance
funding."
City Clerk Worthing read the following proposal dated December
11, 1963, and signed by Mr. C. T. McCreedy of Ooo~body & Company and
Mr. Robert H. Cook of B. J. Van Ingen & Companyt
"In accordance with the terms of our letter of September 19th,
we will pay you 100 and accrued interest for $1,550,000 Delray
Beach Water and sewer Revenue Refund£ng Bonds, as described in
the attached bond resolution preparedby Messrs. Caldwe11, Trimble
& Mitchell. with annual principal payments-and coupon rates as
folloWs=
Due Amou~ Cou,~on Due Amoun~ Coup~
1964 $50,000 3.90% 1978 $50~000 3.90%
1965 80,000 3.90 1979 50,000 3.90
1966 80,000 3.90 1980 55,000 3.90
1967 80,000 3.90 1981 55,000 3.80
1968 80,000 3~90 1982 55,000 3.80
1969 35°000 3.90 1983 60,000 3.80
-18- 12-9,63
ppe Amount coupo~ Due Amount Coupon
1970 35,000 3.90 1984 60,000 3.80
~1 40,000 3.90 1955 65,000 3.80
%~?~ 40,000 3.9b 1986 65,000 3.?5
~73 40,000 3.90 1987 70,000 3.75
~4 45,000 3.9o 1988 70,000 3.75
~75 45,000 3.90 1989 75,000 3.75
i~ 45,000 3.90 1990 ?5,0o0 3.75
~?~ 5o,ooo 3.90
Interest Cost - 3.8125~
~his purchase offer is conditioned only upon continuance ef an
investment rating by Moody's Investors Service of not less than
Lhe present ",Baa" rating and upon delivery of the bonds
u~
aO~ompanied by the unqualified legal opinion of Messrs.
Tremble & Mitchell. We will continue to assist you to ex~edite
~i~at~on, preparation and delivery of the bonds at the ~arli~s~
City Clerk Worthing then presented RESOLUTION NO. 1468.
A RESOLUTION AUTHORIZING THE ISSUANCE
OF $1,550,000 WATER AND SEWER REVENUE
REFUNDIN~ BONDS AND PROVIDING FOR THE
RIGHTS, REMEDIES AND SECURITY OF THE
HOLDERS OF SAID WATER AND SEWER REVENUE
REFUNDING BONDS.
(Copy of Resolution No. 1468 is attached to and made a part
of the official copy of these minutes.) (See ?a~es ~76-E ~hv0u~h 576-P~)
Mayor Dietz referred to the last paragraph of the December llth
proposal just submitted to the Council and asked the City Attorney if
the City would have a liability if Moody's for some reason would change
the rating of the Bo~ds, and what effect that would have on the City,
Mr. Cook informed the Council that imposed no liability on the
City. That the bonds now carry a "Baa" rating and he could think of
no reason that would changesame, and commented further as follows:
"Actually this imDroves your fiscal situation. You are enjoying a"Baa"
rating now. This shortens the maturities. It reduces your liability."
Mayor Dietz asked why it.was wTitten as it was and why it could
not be taken out, to which Mr. Cook replied: "Because the bonds to
s811 atthis price must have a "Baa" rating. There is no liability on
your part whatsoever. If it was changed to a "B" or a "Ba" the bonds
would not be able to be sold at thgt price and 811 of the expenses are
ours, and there is no liability to the City. This is immediate, to the
delivery of the bonds. We expect to have the bonds validated and de-
livered in sixty days."
City Attorney Adams was in agreement with Mr. Cook,~andMayor
Dietz said if Moody"s changed their ratings and the City didn't ~n any
way have to go through with the agreement or lose any money that he
would withdraw his objection.
Mr. McCreedy said that was all covered in their Droposal of
September 19th, 1963, and that it was 811 their liability..
Mr. Avery asked Mr. Nate SharD, Chairman of the Financial
Advisory Board, if he had reviewed this refunding item and what his
recommendation was to the City. Mr. Sharp aaswered as follows: "I
think the bid is very fair because since this option was granted I have
been taking the records in to Mr. Weber every week and he can show you
the record on which these prices are based. This is the average of
twenty years. The Bond Buyer carrie~ one average and the Wall Street
Journal carries a chart every Monday. Mr. Weber has all of these
Mr. Avery asked Mr. Sharp if it was his recommendation as an
advisor to the City that the Council proceed with th~s bond refunding
action, to which Mr. Sharp said that it was his recommendation to pro-
ceed.
Mr. Woodard moved for the adoption of Resolution No. 1468, the
motion being seconded by Mr. Barrow and unanimously Carried.
The December 11th letter of DropO. sal from Goo~body & Company
and Bo J. Van Ingen & Company was read again and upon question by Mayor
Dietz as to being in agreement with the proposal, City Attorney Adams,
City Clerk Worthing and Financial Advisor Sharp all stated that they
were in agreement with the proposal. Mr. Talbot then moved that the
letter dated December 11th be accepted by the City of Delray Beach,
said letter being the proposal from the Fiscal Agents. The motion was
seconded by Mr. Barrow and carried unanimously.
Dietz asked that Mr. Bar-row take care of Item No. I on the
Mayor
agenda for today. Mr. Barrow asked Mrs. Peg Bowen0 Secretary of the
Beautificati Co~A~ittee to read the-minutes of a Special. Meeting that
was held on December 11th, 1963 by that committee, which minutes are
as follows~
."Members present were= Bud Merritt, Stuart Lankton, Gladys
Little, Charles Toth, Marjorie Evaul, Phyllis Carey, Clarence
Galinat, Ken Ellingsworth, Peg Bowen, Wade Cartee, Emory
Barrow and guest LeRoy Croft.
A motion was made by Mrs. Carey, seonded by Mr. Lankton, that
we Withdraw our recommendation regarding N. W. Fourth Street
as presented in the minutes of December 5th, because upon
consideration we.do not feel that this falls within the realm
of beautification. Motion carried.
Due to his business responsibilities, Mr. Barrow tendered his
resigllation to thie committee. Mr. Lankton moved that we accept
with regrets, seconded by Clarence Galinat, motion carried."
Mr..Barrow moved that the request of the Beautification Committee
be accepted, the motion being seconded by Mr. Woodard'and unanimously
carried.
Mr. Avery then moved that the City Manager be directed to pro-
ceed as directed previously in accordance with the recommendation of
the Planning/Zoning Board, the motion being seconded by Mr. Barrow and
unanimously carried.
Mr. Avery informed the Council that~the residents in Tropic
Palms Subdivision had received shut of£ notices £rom the Delray Beach
Utilities, which notice says that their water deposit must be paid' by
December 16, 1963 or their service would be discontinued. Mr. Avery
reminded the Council that the City has this Utilities Company under
notice that they are in violation of their contract, but~.it would be
January 16th, 1964 before the City could take any further action. Mr.
Avery further stated that City Attorney Adams plans to be in West Palm
Beach this afternoon and moved that the Council direct City Attorney
Adams to call said Utilities Company and ask them to sit in on a
conference with the Council and the property owners in Tropic Palms
before they discontinue any service. The motion was seconded by Mr.
Barrow and carried unanimously.
City Clerk Worthing read a letter from Frank S. Wright of Frank
Wright & Associates of Palm Beach, inviting the Council to local ap-
pearances of Hon. Ray E. Green, State Comptroller and Banking Commis-
sioner today.
-20- 12-12-63
City Clerk Worthing read RESOLUTION NO. 1465 which was prepared
as ~.result of Council action, Monday, December 9th.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA., ADOPTING
THE ADONIDIA PALM AS THE OFFICIAL TREE
OF T~IS COMMUNITY.
WHEREAS, the Presidents' Parley of the City's seven garde~
clubs has requested that the City Council consider the adoption 0~
th~! ~QNIDIA PALM as the "official" tree for the Community~ and '
WHEREAS, this request was based upon a unanimous vote of
250 m~ers comprising the aforesaid garden clubs:
ow. THEREFORE. 'RE IT RESOLED BY C TYCO CIL OF BEACH=
That the ADONIDXA PALM be, and the same is hereby adopted as
the "official"' tree of this City.
Resolution No, 1465 was unanimously passed and adopted on first
and final reading on motion by Mr. Avery and seconded byMr. Talbot.
Concerning exchange of properties relative to providing parking
facilities, Mr. Woodard said that in actuality the counciI had already
taken specific action on thie matter.
Mr. John Kabler, a member of the Planning/Zoning Soard,~ address-'
ed the Council and voiced'his objection to the proposed exchange of
properties. Duringhis lengthy comments to the Council he brought
attention to different portions Of George Simon's Comprehensive City
Planning Report of 1961 concerning the future use and development of
city owned property~
Mr, Eabler alSO commented on the Puckett Appraisal of the sub-
ject properties, and said if the exchange is made, he feels.the c6st of
the Brown, Dodson property is too high, further, that he is aware of
the need forparking lots but WOuld rather see the city-owned prOPerty
kept and the Parking lots purchased' for cash,
Mayor Diets said this CounCil had worked for two years on :the
parking problem,'that sparking Committee had been appointed and
thorough studies made, and he felt the quest/on now is whether the
Council wants to spend more money or utilize assets the City has, that
he is in favor of holding the tax rate down with no further indebted-
ness to the City~ Further, that the Solution to part of the parking
problem should be taken care of now instead of being delayed.for years.
During comments in favor of the property exchange, Mr. Avery
said he felt the development of the City property South of S. E. 10th
Street would be a factor in development of the area to the South.
Mr. Talbot asked Mr. Kabler if he had a financial solution where-
by the City could carry out the same program that is planned and still
retain their property at S. E. 10th Street.
Mr. Kabler said he had been informed bY-Mr. Avery that the
ticipated Cigarette Tax had been designated as a Capital Improvement
Fund, and that he feelsparking areas can be purchased for cash'from
that fund. Mr. Kabler mentioned several piecesof property in the
downtown area that had been s~bmltted to the Council for sale or lease
that could be used as citY parking lots, and also' infomed the Council
that several business men in Delray Beach had suggested leasing the
Croft and Merino property for a small yearly rental and in the meantime
study the feasibility of buying them.
Mr. Avery said that some of the Capital Improvement Fund had
been used and he had determined that these are other items of higher
Mr. Nate Sharp commented as follows= "I've been thinking about
what Mr. Talbot said, end what Mr. Kabler has said and this is sort
of in.between, but it seems to me if you do arrive at a point that this
is something you can consider if you wa'nted to buy the property, we
have three financial institutions in town and we have some pretty subj-'.
stantial business men on Atlantic Avenue and other people in town.
why not issue some serial notes? They are just a straight obligation
of the City of Delray Beach and you don't have to secure those notes
with a~ything but a promise to pay because out of various funds from
time to time you can take enough money each year to pay the principal
and interest on these notes, and by issuing a one to ten year note you
could command a low interest rate. I only inject this to answer what
Mr. Talbot was talking about, and another thing, if there are a lot of
people who are going to benefit on this, let them help pay for it."
City Attorney Adams said he felt Mr. Sharp had a very good idea
but it would require a Referendum of the people.
During further discussion and comments, Mr. J. D. Halstead
suggested that a'portion of the City Park just North of Atlantic Avenue
and West of the Intracoastal Waterway be used for parking~.purposes,
and Mr. Woodard pointed out that the City is not disposing of property
but only relocating its investment in land and that primarily is being
done in an attempt to retain existing Atlantic Avenue values rather
than to gamble on an increase in value of the property in..the South
part of town, further, that he did not believe the City could legally
lease a piece of property and spend an amount of money making same into
finished parking lot.
Mr. Woodard mentioned that the C~ty had leased the Vos property
which is the North half of Block 124 and lies adjacent to the City
Park, that the Parking Committee had not recommended said property
for parking but had felt it could be best used for recreation and to
increase the park area.
City Clerk Worthing read RESOLUTION NO. 1466, also the EXCHANGE
AGREEMENT attached thereto:
.A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL~AY BEACH, FLORIDA,
PROVIDING FOR EXCHANGE OF CITY OWNED
LANDS FOR OTHER LANDS MORE SUITED FOR
MUNICIPAL USE.
(Copy of Resolution NO. 1466 and attached Exchange Agreement are
attached to and mede's part of the official copy of these minutes.) (See PaEes
576-QQ a
City Clerk Worthing read the following letter from Mr. Robert 576-RR
M. Kinkead of H. V.- Dally, Inc., dated December 10, 1963:
"I have received permission fromM rs. Pauline King to
extend the termination date of the trade agreement to
January 1, 1964.
DUe to the late date, I feel ,that special consideration
should be given the tenants in the buildin'gs involved in
the trade if this trade agreement is. consumated.
Thanking you for your cooperation in this matter I am."
Following discussion, Mr. K/nkead asked.~that the second para-
graph be struck from his letter that was lust read.
Resolution No. 1466 was unanimously passed and adopted on motion
by Mr. Woodard and seconded by Mr. Avery.
City Clerk Worthing read RESOLUTION NO. 1467, also the EXCHANGE
AGREEMENT attached thereto:
-22- 12-12-63
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH~ FLORIDA,
PROVIDING FOR EXCHANGE OF CITY OWNED
LAND FOR OTHER LANDS MORE SUITED FOR
MUNICIPAL USE.
(See Pages 576-SS through 576-WW)
(COpy of Resolution No. 1467 and attached Exchange Agreement are
attached to and made a pa~t of the ~fftCial copy of these minutes.)
Resolution No. 1467 was uh~nimOUsiy pas~e~ and adopted on motion
by I~. Woodard and seconded by Mr. Avery.
Mayor Dietz suggested that a.:sign ~e pl~ed On theleased Vos
'-- property showing that it is for pu~ parking Use, and that he felt
if ~' fe~ t~u~k loads o~ ro~k wa~ S~read t~r~ i% would be sufficient
for parking.
Mr. Avery moved that the funds involved in these two transac-
'~ tio~s of property exchange be taken from the Street Maintenance ~nd
as recommended by Finance Director Weber. The motion was seconded by
Mr. Woodard and carried unsnimously~
City Clerk worthing read the following letter from Architect
Richard Hanna, dated December 11, 1963~
"To facilitate the early completion of the Community Center,
I wish to make the following recommendations.
Floor: The floor should be neutralized, Cleaned, and given
a 'coat of French Gray Lex wax as manufactured by the upco
Corp. of Cleveland, ohio, which manufactures the Hydro~ent
hardening agent used on the floor. These procedures involve
no cost to the City.
..Lobby Cabinets: The interior shelving, supports and brackets
should be painted with a medium light brown washable paint to
match as nearly as possible the color of the other cabinet
work in this area. The inside panel of the gate should re-
ceive the same treatment. This also involves no cost to the
City.
Drinking Fountain: This exterior bubbler type drinking fountain,
for use. when the building is closed, was not on the original
plans. It was planned to locate it at the barbeque pit and this
was subsequently deleted. The best price obtainable from the
plumbing contractor to locate this on the porch outside the East
hall door is one hundred eighty-two dollars ($182.00).
I would recommend that this item be handled by the City directly
and not be done under the present work as the price quoted is
~omewhat excessive even though Mr. Herig is adding no charge to
.- the plumbers proposal, it is our opinion that this item should
hot cost over one hundred dollars.
Auditorium Fans: At the start of the-construction the specifi-
cation for the five auditorium fans WaS changed at a savings of
seven hundred dollars. The fans ins~alled produce a higher than
desirable noise level. This can be $$1.!eve~ considerab~ by the
installation of a~stica% insu~ation and air baffler. The price
quoted for thin. work is 0~e hundred twenty-five de~'Iars ($125.00).
I recommend that. tht~ be~(:~one, i:
~ainte~ance ~rax: I would also re~om~..~nd that when the coiored
wax ia :ordered for the initial fenis~ng of ~he floor that an
additional quantity be ordered fo~ th, ~,~ ~& ~,*,,-~ --~-~-~ ....
Concerning the Drinking Fountain, Mr. Avery moved that the
City Manager be directed to proceed to explore the possibility of
putting in a bubbler typ. e drinking £~untain as soon aa possible, aisc
as chehply as pbesible and not to exceed $100~00. The motion wgs sec-
onded by Mr. Woodard and unanimously'carried.
Finance Director Weber suggested that the dr'inking fountain be
paid-for from Account No. 765 which is the Westside Community Center
Account, it being so moved by Mr. Avery, seconded by Mr. Talbot and
unanimously carried.
Concerning the Auditorium FanS, Mr. Avery moved for action as
recommended by Mr. Hanna. The motion was seconded by Mr. Barrow and
carried unanimously.
Mr. Avery then moved that the $125~.00 cost in connection with
the Auditorium Fans be paid from Account No. 765, the motion being
seconded by Mr. Barrow and unanimously carried.
During discussion of the Maintenance Wax, it was pointed out
that 'this 'was an administrative item and would be referred to the City
Manager.
Mr. Avery moved that the Architectte report be approved and the
City Manager be directed to take over and cooperate with the Architect
and they both be directed to bring this Community Center to its final
completiOn at the quickest possible feasible moment. The motion was
seconded by Mayo= DietZ and carried unanimously.
City Clerk WOrrying sub~itted tO council an application from
Mr. &Mrs. Dwight H. Ellis for wa.~er service outside the city limits,
to Lot 20, Lake Shore ~etates. City C~e~kW°rthing informed the
council that it had been determi~ed there was a su'ffic~ant amount of
W&t~r ~t this location and that if this application was approved
annexa~ion of this property would be reflected in an ordinance fo~
Council:COnsideration at the next regular meeting. Said appli~&t~on
for wat&r service to Lot 20~ Lake Shore Estatee,was unanimously approved
on motion of Mr. TalbOt and seconded by Mr. Barrow.
Mr. Woodard suggested.that when there is a parking.layout made
for the properties invOlved in-Resolutions No. 1466 and-1467, that the
City-o~ed piece of property adjacent to the proP~rtF-acqu~red on S.
E, ~th Avenue be included in said parking layout.
It was suggested that the City Manager be directed to<study and
present to Council the proposed development of the p&~king areas.
The meeting adjourned at 11:05 A.M. by order of Mayor Dietz.
APPROVED
(24) 12-12-63
WHEREAS, the owners~' by their
given permission for the:annexation of
Delray Beach, and
WHERF~S, the City o~f'Delra¥
ized to annex, lands in accordance-with
~harter of said City
NOW,~
CITY. OF DELRAy BEACH
S.
Beach
which lie contiguous 'to
Lots~.
per. ]
Florida,
corporate
Es'
.affect the ~
on~ this~ the
property.'
:That Part of
recorded...i~ 'Pla~ Book 1
of weet~lY '~/W'~line, of s.
. 'Sheet
~8~ of the
Block Land Company' s'.
less ~N0rth 25 ~eet ~ereof.
which land, Co~c~I,
municipal
~S, EarI'G~ .~ro~ and ~ry D. Bro~
H. Dodson and ~u~se'D. DOdson, hi
ing described lands, to wit: ' '
~ South 24 feet of ~t 8
Block 109,
West 10 fee~ thereof'~
of ~t '17
for ingrees and egress
thereof.
lands. ~e City ,desires. . to
nto
in