09-11-61 279
SEPTEMBER 11, 1961.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in
the Chair, City Manager Louis J. Smitzes, City Attorney John Ross
Ade~s and Councilmen A1 C. Avery, Dugal G. Campbell and John A. Thayer.
An opening prayer was delivered by Rev. Robert G. Morey.
Mayor Warren announced that Councilman Glenn Sundy was absent
this evening on account of ill health.
On motion by My. Campbell and seconded by Mr. Thayer the minutes
of August 28th and September ?th Council meetings were unanimously
appr ov ed.
Mayor Warren reviewed the Beautification Committee meeting
minutes of September 7th.
Mayor Warren acknowledged receipt of a brochure presented to him
by Mr. Charles Senior of the Florida Power & Light Company entitled
"A Survey of Tourist Industry in Dado, Broward and Palm Beach
Counties'.~ .
Concerning a recent application for added improvements to the
leased City Yacht Docks, City Clerk Worthing read the following
Planning Board report dated September 8th:
"At a special meeting the Planning ,and Zoning Board on
Sept. 7, 1961 considered a req~.est submitted by Gringle,
Spinz~er, and Adams for Mr. Jarmin Sz~ith pertaining to
matters concerned with the City Boat Docks presently
under lease by Mr. Smith.
"We first considered the request for the expansion of his
present building to include space for handling certain
marine sales items. The Board felt that such sales are
an in~tegral part of a boot dock operation, and felt that
this could be granted providing all merchsndise was kept
within the building, and that only retail sales were per-
m~tted, and that no repair operations be permitted on the
premises. The approval of this operation would come under
the classification of permissive use and would require a
full public hearing before the permissive use could be
granted.
"Since this request was also referred to the city attorney
the Board took no action on the matter of the lease. The
general attitude of the Board toward all leases on city
owned land is that they should be as short as is compatible
to the operation so that the city m~y have an out for what-
ever necessity may arise.
"The Board moved to deny any expansion of the docks North
to Atlantic Ave~ bridge, since the city does not own the
abra. thing property ar, d it could impose a .~evere hardship
on ~ae p~'ope~ty owners in this area on the West side
the wate~.~ay.
';While d! ~ approving t~he expansion above the Board feels
that adeq~aate a~d at~ractlve dockir~ facilities wo~L.~ be
a g~s~t a,~et to the city of DeL~ay Beach. The
suggests that a study be made of the East side of the City
Park fo? this purpo~. A small sacrifice of land along
the ~anal would have to be made ~o set back from the watov-
way !~'~ne, bnt on lnv.:~tig~tion '~his would not greatly afI'~ct
the ,~e o~ the park~ A ~Ina there migent greatly erahance
the ~,.ttraotiveness a:~ld u~o~'ulness o.f the park as well."
The ~Ity Cl~rk then read ~o.b.e follow't:~g letter from Attorney
Clinton ScOt'b dated September 5~h a~ud t.~.e Petition mentioned ,~herein.
9-11-61
28O
September ll, 1961.
"Enclosed herewith please find Petition of my clients
addressed to the Mayor and Members of the Delray Beach
City Council, requesting that they deny
Smith, Jr. the right to extend the present yacht docks,
an option to renew his lease, or permission to sell ship
stores upon the premises at the City Yacht Basin.
"In addition to the four Petitioners whose names appear
upon this Petition, I understand there will be other
affected property owners Joining in this request who
will identify themselves at your September 11 meeting.
"Another reason advanced by my clients which was thought
of subsequent to drawing this Petition is the sewage dis-
posal problem; this is intolerable at this time and would
become even worse should Mr. Smith be granted the right to
increase the number of slips."
"P E T I T I O..N
"TO:
The Honorable Mayor, and Members
Delray Beach City Council
Delray Beach, Florida.
"We, the u~ersigned property owners in the vicinity of the
City Yacht Basin on Marine Way, respectfully request that
Jarman C. Smith, Jr. be denied the right to extend the pre-
sent yacht docks, an option to renew his lease, or permission
to sell ships stores upon the premises. We believe our re-
quest to be in the best interests of the City of Delray Beach,
for reasons to be expressed before your meeting to consider
these matters on September 11, 1961.
"We believe that Marine Way is too narrow in the area of the
proposed extension of the yacht docks to properly accommodate
such facilities, and that a dangerous traffic problem would
be thereby created; these yacht docks and the proposed new
building would also disrupt ou~ view of the IntracoaStal
Waterway and therebydepreciate our properties; we believe
that at the expiration of Mr. Smith,s present lease, terms
should be renegotiated and left for public bid rather than
bind the City at this time to any extension of the lease
term which expires September 30, 1965; further, we believe
a commercial venture at the City Yacht Basin in merchandis-
ing ships stores would be a detriment to our property as
well as unfair competition withprivate enterprises.
~s~ Edward C. & Katherine H. Potter Residing at 54 Marine Way
/s/
J. B. Winston owner of
Anchorage Apts. Residing at 60 Marine Way
/s/ Mary McLaughlin Residing at 24 Marine Way"
Mr. Campbell moved to sustain the action of the Planning Board
and deny said request. The motion was seconded by Mr. Thayer and
carried unanimously.
Mr. Avery then moved that the request for extending the building
for ship stores be referred to the Planning/Zoning Board and request
them to hold a public hearing and give the Council a report. Upon
question Mr. Smith,s attorney Mr. Spinner said that it is their de-
sire at this time.
Mr. Campbell stated that P.~ former motion was not based on
whether the City owns the property to the North, but Mr. Avery said
that his vote on the motion was based on that.
Mr. Campbell then stated that he would like the action reconsid-
ered and moved the action Just taken be rescinded. The motion was
seconded by M~. Thayer and upon call of roll, Mr. Campbell, Mr. Thayer
and Mayor Warren voted in favor of the motion and Mr. Avery was op-
posed.
Mr. Campbell then moved that said application be denied, the
motion being seconded by Mr. Thayer. Upon call of roll, Mr. Campbell,
Mr. Thayer and Mayor Warren voting in favor of the motion, Mr. Avery
being opposed.
Mr. Avery then moved that the part relating to expanding the
-2- 9-11-61
281
SEPTEMBER 11, 1961.
building and selling of ship stores be referred to the Planning Board
with a request that they hold a public hearing so that we can find
out exactly how the public feels. The motion was seconded by Mr.
Campbell and carried unanimously.
Mr. Avery stated that he thought particular notice should be
taken of the recommendation of the Planning Board that a Marina next
to the City Park be considered and moved to get some feasibility
studies on that and other sites through the City Engineer and any
other person that the Mayor should choose to appoint. The motion
was seconded by Mr. Thayer and carried unanimously.
Mayor Warren introduced the New City Manager Mr. Louis J.
Smitzes and said that it is with great pleasure that he welcomes ¥~.
Smitzes to Delray Beach.
City Clerk Worthing presented the following bids that had been
received and stated that it had been recommended that award of pur-
chase be made to the iow cormpetent bidder in each of the two items~
1600 ft. Type "X" Soft Copper Tubing:
Peninsular Supply Co. $ 707.51
Al & B. Supply Co. 761.00
Davis Meter & Supply 780.00
Charles Sales Corp. 796.00
8000 ft. Galv. T. & C Pipe consisting of:
1000 ft. 2"; 1000 ft. lmA"; 1000 ft.
1,A''; 5000 ft. 1"
A. & B. Supply Co. $ 2,125.62
Charles Sales Corp. 2,135.1~
Gulfstream Pipe & Supply 2,1~0.29
Peninsular Supply Co. 2,205.70
Davis Meter & Supply Co. 2,483.71
Mr. Thayer moved to award the first item to Peninsular Supply Co.
in the amount of $707.51 and that the second item be awarded to A. &
B. Supply Company in the amount of $2,125.62. The motion was seconded
by M~. Avery and carried unanimously.
City Clerk Worthing informed the Council that occasional in-
quiries have been received concerning taxation of fallout shelter
construction, assessment procedure for which has not heretofore been
provided, and submitted the following recommendation for Council con-
sideration.
"Fallout shelter construction shall be assessed, for
taxation purposes, simila~ to current procedure pertain-
ing to garages, carports and open porches, namely, to be
assessed at half the rate of the main building."
M~. Campbell asked what would determine what is to be called a
fallout shelter, and City Manager Smitzes stated that there are cer-
tain established plans for fallout shelters which would be required,
and it is anticipated that that particular problem will be solved by
having the Civil Defense Director identify what is and what is not
qualified as a shelter before a permit is issued, if that would be
acceptable to the administration. Mr. Campbell then moved that the
City Manager and City Attorney prepare an Ordinance concerning this
to be presented at the next regular meeting for action. The motion
was seconded by Mr. Avery and carried unanimously.
A request was ~presented from Attorney Charles Byron on behalf of
Patio Delray, Inc., for transfer of liquor license No. 1117 from its
present holder, Charles C. Hering, to Johnson-Reed, Inc., who have
entered into a lease with the Patio Delray, Inc., for operation there-
of, and it was reported that said parties have been checked in the
usual manner and found satisfactory and approved. On motion by Mr.
Avery, seconded by Mr. Thayer and unanimously carried the request was
granted.
As requested by the Council at the last regular meetin~ the
following proposed Lease Agreement with Mr. Milton ~. Boone was pre-
pared by the City Attorney:
-3- 9-11-61
282
SEPTEMBER 11, 1961.
~LEASE AGREEMEI~
This AGREEMENT made this -._______ day of September, 1961, by and
between the CITY OF DELRA¥ BEA~einafter called the Lessor, and
MILTON J. BOONE, hereinafter called the Lessee.
WITNESSETN:
WHEREAS, Milton J. Boone and the City of Delray Beach entered
into a Lease Agreement on the 12th day of April, 19~, wherein the
City of Delray Beach leased to the said Milton J. Boone certain real
property situate and being in Palm Beach County, more particularly
described as,
Lots 29, 30, 31, 32, 33, 34, 35, 38, 39, 40,
41, 42, 45, 46, 47,48 and 49 of Sundy-Tenbrook
Addition, City of Delray Beach, Florida, ac-
cording to the plat thereof on file in the
Office of the Circuit Court in and for Palm
Beach County, Florida, as recorded in Plat
Book 12, Page 32.
and,
WHEREAS, said Lease Agreement was to run until March 23, 1963,
and the said Milton ~. Boone was to pay an annual rental of $50, and
WHERF~S, the~.e were covenants and conditions to be performed by
each party, all of which are specifically set forth in said Lease, a
copy of which is attached hereto and made a part hereof, and
WHEREAS, it is for the best interests of both parties to termi-
nate said Lease Agreement as of March 23, 1961, and to enter into
another agreement pertaining to a portion of said property,
NOW, THEREFORE, IN CONSIDEP~TION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS HEREBY AGREED AS FOLLOW~:
That a certain building belonging to said Milton J. Boone, can
remain on the above described premises until this Lease Agreement is
terminated as hereinafter more specifically set forth and the Lessee
shall have the right to remove that building constructed by him if
such is removed within a period of ninety days after notice is given
by the Lessor Ordering such removal.
This Lease shall commence on this date and shall run until termi-
nated as follows:
1. That the Lessor may terminate this Lease at any time upon a
determination by the City Council that such action is for the best
interests of the citizens of Delray Beach, Florida. Termination shall
be effected by giving' the Lessee notice of its intention to terminate
ninety days prior to the date of termination, with the understanding
that upon the termination date the aforementioned building construct-
ed by said Milton J. Boone on the premises will be completely removed
from the premises and the premises be vacated.
2. That the Lessee may also terminate this Lease at any time,
and shall have ninety (90) days to remove his building from the
premises.
It is mutually understood and agreed by the parties hereto that
the Lessee may permit one HASTEN JOHNSON to reside in said building
during the term of this Lease and the Lessee covenants and agrees that
he will maintain the above described building in a clean and orderly
condition and that he will remove and keep removed rubbish, papers and
debris of all kinds from the vicinity of said building. It is -further
mutually agreed and understood by the parties hereto that the Lessee
shall no longer be required to pay an annual rental under this agree-
ment and that the said Lessee shall no longer have an interest in the
aforedescribed real property, his only interest being in that certain
building constructed by him on said premises.
The Lessee further covenants to indemnify and hold the Lessor
harmless against any accident or injury that may occur as a result of
the use of said leased premises. '4- 9-11-61
283
SEPTEMBER Il, 1961.
IN WITNESS WHEREOF, th~ Lessor has caused this Lease to be ex-
ecuted by its Mayor and attested by the City Clerk and the City Seal
to be affixed thereto on the day and yea~ first above written, and
the Lessee has executed this lease on the day and year first' above
written. ~his lease is given in lieu of and to take the place of
that certain lease between said parties dated April 12, 1955,
CITY OF DELRAY BEACH
Attest: '~' .....Mayor :-
(SEAL)
Signed, sealed and delivered Following discussion, Mr. Campbell moved t¢
in the presence of: authorize the City Manager or Mayor to
enter into the lease agreement with Mr.
.... ~----~ -~'-~ -:Boone Subject to changes incorporated that
...... , .... ' ....~--. ~ - ¥~. Johnson or any other designated tenant
serve as watchman. The motion was seconded
by Mr. Avery and carried unanimously.
City Clerk Worthing read the following letter from Municipal
Judge James W. Nowlin, Jr. dated September llth:
"On September 6, 1961 Nathaniel Moore of S. W. 8th Avenue,
Delray Beach, Florida, was convicted of speeding, driving
while intoxicated and operating a motor vehicle with no
driverts license. Mr. Moore was sentenced to a total of
55 days in Jail or $175.00 fine.
"I have now been informed that Hr. Moore is the sole
support of his wife and his wife's two children, ages
3 and 4. Hrs. Moore has requested that I recommend to
the City Council that her husband,s fine be set aside
and that he be released, or failing that, that a schedule
of payments be set up so that he may pay the fine in in-
stallments. I have checked Hr. Moorets record and find
that on an earlier occasion he was convicted on the same
charges and I therefore would not recommend that his fine
be set aside. However, I do believe that it would be in
the best interest of. the City and of his family, if he
were released from Jail so that he could earn enough
money to pay his fine and support his family.
"I have talked to.Mr. Moore,s employer ~and he has agreed
to take him back into his employ if he is released on
Tuesday, September 12th and further agreed to withhold
$25.00 per week from his salary and to send the same to
the city until his fine is paid in full. If Hr. Moore
is released on September 12th, the remaining fine will
be approximately $150.00.
"It is my recommendation that the City Council order Mm.
Moore's release from custody on the condition that his
fine is paid in full by ~ayments of $25.00 weekly."
Hr. Worthing then stated that he had a letter from Mr. Moore,s
employer which confirms the reemp_loyment of Hr. Moore as well as the
withholding from his earnings of $25.00 each week until the amount
of fine imposed is paid.
Hr. Avery moved that the action be ordered as recommended by
Judge Nowlin, the motion being seconded by Hr. Thayer.
Hr. Campbell brought attention to a statement in Judge Nowltn~s
original letter as follows: "I do not believe ~r. Moore,s criminal
record warrants setting aside the sentence imposed, etc--" and Mr.
Campbell further stated that it had been asked that such statement
be cleared to Council satisfaction, and in his opinion the letter
-5- 9-11-61
SEPTEMBER 11, 1961.
Just read tonight does not clear that point.
Police Chief Croft was asked to contact Judge Nowlin for an
answer at this time. Chief Croft reported that he had not been able
to get in touch with Judge Nowlin but he had contacted the Police
Station and all that they had on ~.Lm there, 'including the present
charge, is four cases.
Mayor Warren asked Chief Croft if he would be in accord with the
Council in releasing Mr. Moore if he paid the fine in accordance with
the letter from Judge Nowlin, to which Chief Croft agreed.
Mr. Campbell stated that he wanted to go on record that he is
definitely 'against releasing a man who the Judge says has a criminal
record until he knows more about it.
Following lengthy discussion and upon call of roll, ~. Avery,
Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Campbell
being opposed.
City Clerk Worthing reviewed a report of alleged nuisances exist-
ing in violation of Ordinance No. G-147 furnished the City Manager by
the Fire .Department. It was moved by Mr. Campbell, seconded by Mr.
Thayer and unanimously carried to direct the City Clerk to comply with
Ordinance No. G-388 as applicable to this nuisance survey report.
.(copy of list of nuisance violations is attached to and made a p~_t of
the official copy of these minutes.) See Page 288A
The City Clerk presented the Preliminary Plat of Carver Park
which has been approved by the Planning & Zoning Board and is sub-
mitted for Council consideration in compliance with Section 23A of
the Code of Ordinances, and then read the following recommendation
of the Director of Public Works dated September 8, 1961:
"I have inspected the attached preliminary plat of the
subject subdivision.
"Having previously conferred with the engineers for this
subdivider, most of the engineering specifications are
now in accordance with our city requirements. The only
correction or addition which I would recommend is that
sidewalks be installed throUghout the entire subdivision,
as provided by the Ordinance. It will be noted that side-
walks are not shown either on the plan or on the t typical
half sectiont as shown on Sheet 3.
"With this single exception the preliminary plat is ap-
proved as presented."
There was discussion concerning requesting a subdivider or de-
veloper of property to allot a certain percentage, of their property
for parks, etc. but since the subdivision Ordinance does not provide
for such it cannot be requested in this instance.
Mr. Avery moved to accept the preliminary plat of Carver Park
with the addition of sidewalks as recommended by the Director of
Public Works. The motion was seconded by Mr. Campbell, who asked if
consideration had been given to proper drainage. City Engineer
Fleming stated that the original platting was lower than what the
city required but they had agreed to meet the city requirements.
The motion carried unanimously.
It was moved by Mr. Campbell, seconded by Mr. Aver~ and unani-
mo~usly carried that the petition for rezoning of Lot 18, Williamson-
Di~bel Subdivision from R-1AA to R-3 be ~eferred to the Planning
Board.
City Manager Smitzes reviewed RESOLUTION NO. 1345.
A RESOLUTION MAKING APPROPRIATION OF SU~ OF MONEY
FOR ALL NECESSA~ EXPENDITURES OF TEE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE IST DAY OF
OCTOBER, 1961 TO THE 30TH DAY OF SEPTEMBER, 1962:
TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATION AND THEIR
PAYMENT: AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CON-
PLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS IN-
CONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH
-6- 9-11-61
a85
SEPTEMBER 11, 1961.
INCONSISTENCY; AND TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE CITY OF DELRAY BEACH FOR MAINTENANCE AND
OPERATION, AND TO LEVY A TAX FOR THE' PAYMENT OF
PRINCIPAL AND I~TE~EST ON BONDED INDEBTEDNESS AGAINST
THE PROPERTY LOCATED IN THE FORMER CITY OF DELRAY, AND
TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
(copy of Resolution No. 1345 is attached to and made a Dart of
the official copy of these minutes.) see Page 288B 288C 288D 288E
Mr. Campbell moved to adopt Resolution No. 1345 and then comment-
ed as follows: "I would like for the record to show the following.
That included in the Budget ~re amounts set aside for merit promotions
during the coming year. In c~der to get this Budget before us tonight
it was necessary that lump sums be assigned to departments rather than
to' approve the merit awards that were set up by our fo~mer City Manager
and by department heads. It is to be understood that this money may
be transferred from one department to another by action of the City
Manager or by action of the Council, that being based on the study
that is now going on by the Council as to a new wage scale that we
hope to adopt very soon. That scale will set up the minimums and
maximums for every class and will give us the right to up, in most
cases, the salaries of all employees definitely on a merit system.
It was not possible for your wage and hour committee to bring this
to a conclusion as there was so much work to be done on the Budget
and in order to get the Budget set for approval tonight this was the
only way it could be done. And fumther that it be understood and made
pa~t of the record that a sixty day moratorium on all wage increases
be established with the further ex~ectation that if the committee
steps up and if the Council can approve of the wage scale that will
be recommended that the sixty day moratorium will then be changed."
In seconding the motion Mr. Avery pointed out that there ame
many things that don~t quite suit each of the Councilmen but to .the
best ~of their ability they have come u~, with this pmoposed budget.
Hr. Campbell further commented: 'I think it should be pointed
out that the Bu~dget shows a 1~ mill debt levy and 12 mill operating
levy, a cut of ~ mill from last year and a cut of 3} mills from the
proposed."
Mayor Warren thanked the Council and all those who had worked so
hard on preparing the Budget. Upon call of roll the motion to adopt
Resolution No. 1345 cemried unanimously.
City Clerk Worthing read revised ORDINANCE NO. G-410.
AN ORDINANCE OP THE CITY OP DELRAY BEACH.
FLORIDA, AMENDING SECTIONS 15~-8' and 15--9,
CHAPTER 15, CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH PERTAINING TO EFFECTIVE
DATE OF RESOLUTION LE~ING COSTS FOR THE
ABATEMENT OF NUISANCE;
It was moved by Hr. Campbell, seconded by Mr. Thayer and unani-
mously camried to place Ordinance No. G-410 on first reading.
Regarding the proposed Ordinance providing purchase procedure,
M~. Campbell moved to table this item for two weeks as the committee
wished to study it further. The motion was seconded by Mr. Avery and
c a~ried unanimous ly.
As chairman of the Wage and Hour Committee, Mm. Campbell asked
that the matter be tabled for two weeks for further study and report
ready to go at the next meeting. The motion was seconded by Mr.
Avery and unanimously camried.
On behalf of the efforts of the Wage & Hour Committee, Mayor
Wamren read the following mesolution:
RESOLUTION NO. 1346.
A ~ESOL~ION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH COMMENDING THE MF/Z~ERS OF THE
WAGE AND HOUR CO~TTEE FOR ITS CONTRIBUTION
TO THE COMM~NITY.
-?- 9~11-61
286
SEPTEMBER 11, 1961.
WHEREAS, A Committee known as the Wage and Hour Committee com-
prised of DUGAL G. CA~BELL, Chairman, GEORGE MINGLE, WARD M. ROBINSON,
FRITZ FRIBERG and CARL GESSLER was appointed by the Mayor for the pur-
pose of making a comprehensive study of the wages and hours of City
employees, and
WHEREAS, the Members aforesaid have unselfishly devoted their
time and ability in compiling an extremely comprehensive report,
NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY
OF DEDRAY BEACH;
That the individual members of the Wage and Hour Committee are
hereby commended for their great contribution to the general welfare
of the City of Delray Beach, Florida.
Unanimously adopted this llth day of September, 1961.
It was moved by Mr. Thayer and seconded by Mr. Avery to adopt
Resolution No. 1346. Upon call of roll M~. Avery, M~. Thayer and
Mayor Warren voted in favor of the motion and Mr. Campbell abstained
from voting.
Mayor Warren then stated that this committee is dissolved, and
thanked the members for their work.
The City Clerk reminded the Council that two weeks ago they had
requested what information was available pertaining to municipal
regulation in relationship with the State Beverage Department concern-
ing the sale of intoxicating liquor and City Manager Smitzes read the
follcwing report from City Attorney John Ross Adams:
"Re: Municipal regulation of the sale of intoxicating beverages.
"This letter is responsive to a request by the Council that
I determine the Council,s authority pertaining to the re-
gulation of the sale of alcoholic beverages in this 01ry.
The question is a broad one and I shall attempt to answer
it generally together with a request that I be permitted
to research the matter further if any specific questions
arise that are unanswered herein.
"The State of Florida has preempted this field of law with
the intention that most all such regulations shall be uni-
form throughout the State. Chapters 561 and ~62 Of the
Florida Statutes constitute the State Beverage Act. They
regulate the sale and distribution of all classes of in-
toxicating beverages and among other things the State
Beverage Director is required to approve the applications'
of persons engaged in the distribution of intoxicating
beverages, including their moral character.
"A municipality has only such power respecting the regula-
tion and control of intoxicating beverages as is given it
by the legislature, either in express terms or by necessary
implication. In Florida, the regulating power' of munici-
palities over sale of intoxicating liquors is defined by
Section 562.45 of the Florida Statutes wherein a munici-
pality is authorized to enact ordinances to the following
elf ect:
1. TO regulate the hours of business.
2. To regulate the location of places of business.
3. To prescribe sanitary regulations therefor.
4. To impose a city license tax of 1/2 the amount
of State and county tax,
"It has been said it is clearly the intent of the legislature
to inhibit all powers of municipalities over the subject of
intoxicating liquor, except those powers specifically enum-
erated. Accordingly, a municipality has no authority to
regulate beyond the scope of the above enumerated powers.
-8- 9-1~-61
287
~EPTEMBER 11, 1961.
"The reason, as stated above, that I am answering the
questions in a general vein is that it is still possible
for a municipality to regulate certain ope~,ations in this
field where the State's plan to license and regulate the
sale does not touch the phase which the municipality wishes
to regulate. For exs~aple: Municipalities may regulate the
employment of women to dispense liquor for the reason that
the State has never touched on this phase of regulation.
However, in anticipation of a possible question, the State
has definitely preempted the field insofar as the investi-
gation and approval of persons applying for licenses.
"I hope that I have answered your question."
City Manager Smitzes stated that he concurred with the City
Attorney,s recommendations and explanations.
Mayor Warren read a letter he had received from a Doctor in
Munich, Germany as follows:
"I have the intention to buy a small home in your community,
bungalow type with two bedrooms, in the price range of
$20,000. Please be good enough to give me the address of
some realtor and if available any information about your
Mayor Warren asked the City Manager to prepare an answer to the
letter and he would sign it.
The City' Clerk then presented bills for approval as follows:
General Fund $ 19,817.85
General Fund 35,908.1~
Water Fund - Operating Fund 2,684.76
On motion by Mr. Thayer and seconded by Mr. Campbell the bills
were unanimously ordered paid.
Mr. Campbell moved that the City Manager be instructed,, and in
turn to instruct the departments involved, that it is the Council's
desire that prompt action be taken to enforce the Ordinance that has
to do with setbacks on East 5th and 6th Avenues and the other Ordi-
nance that has to do with the setbacks from the corners for protection,
believing that there are three departments involved, and asked that
those three departments be notified that the Council expects action.
The motion was seconded by Mr. Thayer and upon call of roll Mr.
Campbell, Mr. Thayer and Mayor Warren voted in favor of the motion
and Mm. Avery abstained from voting.
The meeting adjourned at 9:20 P. M.
City Clerk
APPROVED:
-9- 9-11-61
288
SEPTEMBER ll, 1961.
PROPERTIE~ IN VIOLATION OF ORDINANCE G-147
.... AN~D SEC_TIO_N 15-~ OF_ TH$~ _CITY CODE
OW~F~ A_DDI:~ES3 ~. BLOCK & $/D CODE
Franklin B. & c/o Lester Banks
Lillian P Haar 1413 N. E. 31st St. Lot 7, Block 58
Pompano Beach, Fla.
.John H. & Caroline P. 0. Box 26, Lots 23 & 24,
B. Beury Lewisburg, W. Va. Block 104 4
Walter E. Lindell c/o Lindell Drop Forge Co.
S. Logan Blvd. Lot 453,
Lansing, Mich. Tropic Isle
William H. 319 S. E. 15th Terrace Lots 454 & 465,
Grimditch, Jr. Deerfield Beach, Fla. Tropic Isle
J. S. Moore, 1933 N. Ocean Blvd. Lots 455,456,463,~64 &
Trustee Ft. Lauderdale, Fla. 472, Tropic Isle
Emil F. & Clara 2610 Arbor Drive Lot 457,
Noehre Brookfield Wis. Tropic Isle
Chas. A. & Eleanor 71 Smallwood Drive Lot 460,
M. Keller Snyder 21, N.Y. Tropic Isle
Hidden Valley Golf 3900 N. Federal Hwy. Lots 462 & 468,
Course, Inc. Pompano Beach, Fla. Tropic Isle
Frederica Jansen 177 LaFayette Circle Lot 469,
Cincinnati, Ohio Tropic Isle
Karl J. & Isabelle R.F.D. # 5 Lots h.70 & ~71
L. Haug Franklin, N.C. Tropic Isle
Howard W. & Helen S. 38 Davis Ave. Lots i~73,474,475,& 476.
Califano White Plains, N.Y. Tropic Isle
Walter H. Jr. & 1400 E. Fairy Chasm Rd.Lots 33 & 34, Blk. 7,
Victory Benfelt Milwaukee 17, W~.s. Dell Park
~ubmitted to the City Council by the City Manager this
llth day of Beptember, 1961.
RESOL~IO~ N0. 13~5.
A RESOLUTION A~KING APPROPRIATION O~ SUMS 0F MONEY FOR ALL NECES-
SARY ~IT~ OF T~ CI~ ~ DE~Y B~CH, P~R~A, FOR
~IOD PROM T~ IST DAY 0F ~TO~R, 1961 T0 T~ 3~H DAY
T~ER, 196~; TO P~CRIBE T~ TER~, CO~ITIO~ A~ PROV~IO~
~TH ~OT TO T~ ITE~ OP APPROPR~TION A~ T~IR PA~; A~
TO ~L A~ ~OL~IONS ~O~Y IN CO~LI~T ~TH THIS ~OL~ION,
A~ ALL ~OL~IONS INOONSIST~ WITH THIS ~OL~ION TO
TENT OF S~H I~CO~SISTENOY; A~ TO ~ A TAX 0N A~
W~HIN T~ OI~ OF DE~Y B~CH FOR ~I~ANCE A~ O~TION,
A~ TO ~ A TAX FOR THE PA~ OF PRINCIPAL A~ ~E~ST
BO~ED I~TED~S AGAINST T~ PROPER~ ~ATED ~ T~
OI~ ~ DE~Y, A~ TO AL~ATE A~ A~ROPRIATE SAID O0~TIONS
T~~D~.
BE IT ~OL~ b~ the Council of the Oit~ of Del~a~ Beach, Florida;
T~t ~e follow~E s~ of money be, and hemeb~ ~e app~opmiated
upon ~e 2e~, conditions end p~ovis$ons he~e~n before ~d he~e-
inafte~ set fo~
ARTICle!.
Esti~ted E~enditu~es ~ To~al
111 City Co. oil $ 5.700
121 City Mana~em 19.008
131 Ci~ Oourt ~.03~
goco~g~g & Internal 0ont~ol
152 External Audit 3.500
153 Assessments · Licenses 29.57~
1~ ~rohase · Cust~2 of S~plies 3.697
Tre asu~ 7.896
161 Counsel & Legal 11.300
171 Pla~ing & Zoni~ 2.500
172 Reseamch & Investigation ~00
173 Ch~ber of 0o~e~ce
17~ Civic Be%te~nt 1.500
175 Oit2 Memberships · Organizatio~
178 Civil Service 300
180 Board of Adjustment 50
210 Police 150.535
al5 Jail 10.07~
220 Tr~fic Engineering 15.233
230 Fire 112.213
~1 Build.Es a Struct~es al.87~
2~1 Animals 3.339
252 Civil Defense 1.500
310 Engineering 17.888
321 Streets. All~s &~Sidewalks
322 Street Lighting ~.885
331 ~ewer System
332 Street Cleaning 6.621
333 Garbage Collection
~ Trash Oollec~ion ~3.711
%~aste Disposal 16.137
336 Mosquito Control
3~0 Central Garage 18.317
351 City Hall 16.559
600 Libr~ies ~3.100
710 Recreational Ad~nis~ration 7.666
720 Play~nds a Playfields 15.~95
731 Eas~side Pool R Beach ~5.1~1
732 Teen To~ Pool 11.9~7
733 100 ~oot Beach 17.70~
7~0 Te~is Courts 11.826
750 Oo~ity 0ente~ 17.972
760 Teen To~ Center 10.076
770 Parks. P~ays a Street Trees 75.931
775 N~sery 7.29~
E$timated expenditures continued. Tota___.~l
800 Debt ~e~vice 67,690
851 Cemetery 6,422
852 Insurance 26,250
853 Taxes 16,675
858 Reserve for Contingency 33,570
876 Hospital and Li£e Insurance 5,400
880 Comunication System 4,500
900 Transfers 12,320
Total General Fund $1 259 300
REVENUE:
100 General Property Tax $ 668,650
175 Fr~chise Tax 52,100
190 Utilities Cons~tion & Service Taxes 1~,000
201 Llce~es & Per. ts - Street Use 5,000
202 Licenses & Per. ts - Business 77,100
203 Lic~ses & Pe~ts - Non-Business 18,450
300 Fines & Forfeitures 22,500
400 Revenue From Use of Money & Property .4,300
~75 Revenue From Individuals & Other Agencies ~2,050
501 C~rent Services - General Gover~ent 850
502 C~rent Services - ~blic S~ety 1,900
503 C~rent ~e~vices - Hi.ways 1,000
5~ O~rent ~ervices - Sanitation & Waste Disposal 70,000
505 Current Services - Health & S~ety 1,000
506 O~nt Services - Recreation 5,750
600 Sale & Recovery for Loss of Property ~. 300
775 Contribution & Transfers from Other F~ds 15,000
Total Revenue 1,202,950
Unappropriated Surplus - Operating 52,000
Unappropriated B~plus - Debt 4.350
Total Receipts $1' 259,300
WATER F~
~e~endtt~es: To~al
410 Adm~istration $ 19,84~
420 Source of Supply 30,4~5
430 Treatment & ~rification 26,985
O Trans~ssion & Distribution 138,393
50 Accounting & Collection 15,000
800 Debt Service 80,870
853 Taxes 2~800
855 Depreciation 80,000
858 Reserve for Contingency 12,000
900 Transfers . . . .
Total Water Fund 435,118
WAT~ F~
00 ~evenu~ f~om Use of Mone~ ~ ~ope~t~ ~,000
600 Sales and Recoveries 200
Total Revenue 391,550
Unappropriated Surplus 43,568
Total Receipts 435,118
CONDITIONS ~EI~TING TO ~PPYOPRI~TIONS:
Se~i~n ~.! - ~11 the m~n~ss he~e~n bsf~ app~p~te~
p~op~te-d ~pon the ~e~, cond~tions~ and p~ovis~ons he~e~n
fore ~d hereinafter set forth.
Sec~iq~ 3.2 - Subject to the qualifications contained in this reso-
lution ali appropriatio~ ~de out of the General F~d ~e declared
to be maxi~, conditional, and proportionate appropriatio~, the
p~pose ~-being to ~ke the appropriations payable in full in the
~o~ts herein n~ed if necess~ ~d then only in the event the
ag~egate revenues collected and other reso~ces available d~ing
the period co.ending the 1st day of October, 1961, and far. hating
the 30th day of September, 1962, fo~ ~hlch the appropriations are
made, are sufficient to pay all the appropriations in full; other-
wise the said appropriations s~ll be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund,
is to the total a~nt of revenues es~ted by the City Council
be available in the period co~encing the 1st day of October, 1961,
and terra.stag the 30th day of September, 1962.
~9~i9n 3_.3 - Ail bal~es of ~e appropriations payable out of the
General F~d of the. City Treas~y unenp~bered at the close of busi-
ness on the 30th day of September, 196~, except as otherwise pro-
vided for, are here~ decl~ed to be lapsed into the City Treasury
and may be used for the pa~ent of t~ appropriations which may be
made' in ~y appropriation for the fiscal year co~encing the 1st day
of October, 1961. Provided, however, nothi~ in this Section shall
be co. trued to be applicable to ~enc~bered balances re~ining
the credit of ~e Water F~d or ~y funds created by ~e setting up
of special revenue, but such bala~es shall be used in fin~ci~
the proposed e~endit~es of these funds for the fiscal year com~
menc~g the 1st day of October, 1961.
Section.. _~.h - No department, b~eau, agency, or individual receiv-
-lng appropriations under the provisions of t~s resolution shall
e~eed the ~o~t of its or his appropriation except wi~ the con-
sent and approval of the City Council first obtained; and if such
department, bureau, agency or individual shall exceed the ~ount
of its or his appropriation without such consent and approval of
the City Council, the administrative officer or individual, ~ the
discretion of the City Council, may be deemed guilty of neglect of
official duty and may..be subject to removal therefor.
Section 3.5 - Not~ in this resolution shall be construed as
4~%~°ri~lng any reduction to be ~de In the amounts appropriated
~ this resolution for the pay~nt of interest, on, or retirement
of, the debt of ~e Ci~ of Delray Beach, Florida.
Se~tign 3~6 - None of the monies en~erated in this resolution in
co~ect~ion' 'with the General Fund, Water Fund. or .a~ .other Fund of
the City shall be e~ended fo~ ~y ~pose than those for which
~ey are a~ropriated, and it shall be ~e duty of the Director of
Finance to see that this section is co. lied with in all respects
~d report to the City M~ager and Ci~ Co~cil ~y violations
thor e of.
~ection 3,,~,7 - Ail monies collected by any department, bureau,
agency or individual of the Cl~ Gover~ent shall be paid pro~tly
into the City Treas~y.
S,9~io~ 3.8 - The foregoing budget'be ~d hereby is adopted as the
~f~fi~iai budget of the City of De~ay Beach for the aforesaid peri-
od. ~ovided, however, that the restrictions with respect to the
e~endit~es of the funds appr~riated shall apply only to the lump
s~ ~ounts for classes of e~enditures which have been included in
this resolution.
-3-
~T.I,C LE IV
TAX LEVY'
Section ~_.! - That there shall be and haveby is appropriated for
the oene~aI Fund operations of the City the revenue derived from
the tax of 1~_ mills per one ($1.~00) doll~ of assessed valuation,
which is hereby levied on all taxable pr~erty within the Ci~ of
De.ay Beach.for the fiscal ye~ co~enci~ October 1, 1961 ~d
terminati~ September 30, 1962, ~he assessed valuation on all tax-
able pmoperYY for open,ting p~poses within the City of De.ay
Beach being $51,011,915 for Operating ~d/o~ mainten~ce e~enses
of the ~eneral ~und, ~d also ~ addition, all revenues derived by
said City d~ing said fiscal ye~ from all othe~ sources than the
t~ levy fora current bond service, and t~t p~t of collection of
delinquent taxes levied for bond service~
SectiOn ~.~ - ~at the ~ount Of money necess~ to be raised fO~
interest Oh~gea ~d b~d ~ed~ption ~ich constitutes a general
obligation bonded indebtedness of ~at portion of ~e Ci~y of
Delta2 Beach, w~ch was formerly the City of Delr~, is $67,690
~d ~at the~e Is here~ a~opriated fgr the pa~ent th~eof~ all
revenues derived from the tax levy of 1~ mills per one (%.1..00) dol-
lar of assessed valuatio~ which is hereby levied for that purpose
for the fiscal year co~encing Octobe~ 1, 1961 and terminat~
Septe~ 30, 1962 upon the taxable pmoperty in that p~%ion of the
Ci~ of De~ Beach. which was formerly the City of ~lray, the
aseessed valuation being $~a.809.~0 and there is hereby appropri-
ated, if necess~, from the surplus sinki~ f~d cash sufficient
monies which, together '~th proceeds of said tax le~ for debt,
will ~et the debt requ~ements for the aforesaid fiscal
PASS~ AND ADO~ by the City Co.oil of t~ City of ~lray Beach,
Florida, this llth day of September, A.D., 1961.
MAYOR
ATTEST
City Clerk