03-21-60 MARCH 21st, 1960.
A regula~ meeting of the City Council was held in the Council
Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair, Acting
City Manager R. D. Worthing, City Attorney Richard F. ZLmmerman and
Councilemn Col. Dugal G. Campbell, Charles H. Harbison, John A.
Thayer and George V. Warren being present.
An opening prayer was delivered by Rev. Paul J. Smith.
On motion by M~.~ Warren and seconded by Mr. Harbison and
carried unanimously the minutes of Ma~ch 14th, 1960 meeting were
appr ov e d.
Mr. Worthing requested that one more week be extended for study
on the policy concerning '~Extension of Water Service Outside City
Limits" it being so moved by Mr. Campbell, seconded by Mr. Warren and
unanimously approved.
Mr. Worthing read an Agreement for a~chitectural services from
Roy M. Simon regarding construction of the Community Center. Mr.
Thayer moved that this proposal as submitted by Architect Simon be
accepted by the City and duly executed by the Architect and the City
Council. The motion was seconded by Mr. Campbell. After discussion,
the motion and second were withdrawn and Mr. Campbell suggested that
each meeting planned for this week should be called as a Special
Meeting in order to act on the Agreement with the Architect when it
is ready.
Mr. Campbell moved ~to. approve the Rules of Procedure of the
Board of Adjustment, which rules have been approved recently by the
Board of Adjustment. The motion was seconded by Mr Harbisonan ~d
M~. Worthing then informed the Council that the Board of
Adjustment needed supplies and equipment and to meet those expend-
itures for the remainder of this fiscal year, asked that an appropri-
ation of $550.00 from the contingency fund be made. Motion was made
by Mr. Harbison, seconded by Mr. Thayer and unanimously approved
that such appropriation be made.
Mr. Worthing informed the Council that the petition of Attorney
J. Clinton Scott requesting Shulson Street be changed in name to
Bahs~na Lane, had been withdrawn for one week.
Mayor Sundy announced that this meeting had provided the
opportunity for hearing objections to the Lot Clearing Assessments .'
as contained in Resolution No. 1227, passed and adopted on March ?th,
1960.
The Council, sitting as a Board o£ Equalization, received no
objections to said assessment of costs identified in said Resolution
No. 1227, on motion of Mr. Thayer and seconded by Mr. Warren unani-
mously approved the assessments as shown in said Resolution No. 1227,
same to stand confirmed and remain legal, valid, and binding obliga-
tions, upon the properties against which ~ade until paid.
There being no objections to the proposed improvement of part of
N. E. ?th Street as ordered in Resolution No. 1229, passed and adopt-
ed on March 7th and setting March 21st for a public hearing thereon,
Mr. Worthing read RESOLUTION NO. 1233.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA,. AUTHORIZING THE
CITM MANAGER TO PROCEED WITH THE OPENING,
GRADING AND PAVING OF THAT PART OF NORTHEAST
SEVENTH STREET LYING BETWEEN NORTHEAST FIFTH
AND EIGHTH AVENUES, TO A WIDTH OF TWENTY-FOUR
(~) PEET.
MARCH 21st, 1960.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did on the 7th day of March, 1960, by Resolution No. 1229, determine
to proceed with the opening, grading and paving of that part of North-
east Seventh Street lying between Northeast Fifth and Eighth Avenues
to a width of twenty-four (2!!) feet.
WHEREAS, the Resolution providing therefor has been duly publish-
ed as required by the City Charter, together with a notice that ob-
jections to said improvement ~ould be heard, and
WHEREAS, no sufficient objections have been made to such pro-
posed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that the City Manager be and he is hereby
instructed to proceed with the opening, grading and paving of that
part of Northeast Seventh Street lying between Northeast Fifth and
Eighth Avenues, to a width of twenty-four (24) feet according to
the plans and specifications heretofore filed with the City Clerk,
and a copy thereof filed in the office of the City Manager and kept
open for the inspection of the public.
PASSED IN REGULAR SESSION on this the 21st day of March, 1960.
The council, on motion of Mr. Harbison, seconded by Mr. Warren,
unanimously adopted Resolution No. 1233.
There being no objections to the proposed improvement of the
East-West alley through Block 76 as ordered in Resolution No. 1231,
passed and adopted on March 7th and setting March 21st for a public
hearing thereon, Mr. Worthing read RESOLUTION NO. 1234.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO
PROCEED WITH THE GRADING AND PAVING
OF THE EAST-WEST ALLEY THROUGH BLOCK
76 LYING BETWEEN NORTHEAST FIRST AND
SECOND AVENUES, TO A WIDTH OF SIXTEEN
(16) FEET.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did on the 7th day of March, 1960, by Resolution No. 1231, determine
to proceed with the grading and paving of the East-West alley through
Block 76 lying between Northeast First and Second Avenues to a width
of sixteen (16) feet.
WHEREAS, the Resolution providing therefor has been duly pub-
lished as required by the City Charter, together with a notice that
objections to said improvement would be heard, and
WHEREAS, no sufficient objections have been made to such
proposed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that the City Manager be and he is hereby
instructed to proceed with the grading and paving of the East-West
alley through Block 76 lying between Northeast First and Second
Avenues to a width of sixteen (16) feet according to the plans and
specifications heretofore filed with the City Clerk, and a copy
thereof filed in the office of the City Manager and kept open for the
inspection of the public.
PASSED IN REGULAR SESSION on this the 21st day of March, 1960.
The council, on motion of ~. Campbell, seconded by Mr. Thayer,
unanimously adopced Resolution No. 1235.
MARCH 21st, 1960.
Mr. Worthing then presented the proposed ASSESSMENT ROLL for
that part of S. W. 10th Avenue lying between Atlantic Avenue and
2nd Street, said assessment roll. if approved to be published for
two consecutive weeks and public hea~ing for objections, if any,
to be held on April 4th, 1960 at 8:00 olclock P.M. The council,
on motion of Mr. Thayer, seconded by Mr. Campbell, unanimously
approved the ASSESSMENT ROLL on part of S. W. 10th Avenue.
(Copy of assessment roll is attached to and made a part of the
official copy of these minutes)(See Pages 109, ll0 &lll)
Mr. Worthing then read the caption of ORDINANCE NO. G-345.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, PRESCRIBING AND SETTING FORTH
RULES AND REGULATIONS FOR THE FILING AND
DISPOSITION OF PETITIONS FOR ZONING AMEND-
MENTS AND RE-CLASSIFICATIONS UNDER CHAPTER
23 OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA.
Mr. Warren moved to place Ordinance No. G-345 on first reading.
The motion was seconded by Mr. Thayer and unanimously passed.
Mr. Worthing then read the capti~o~ of ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LOTS 19 and 20~
BLOCK D, PALM BEACH SHORE ~.~RES IN
"R-3t' DISTRICT, AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1956."
Mr. Harbison moved to place Ordinance No. G-346 on first reading.
The motion was seconded by Mr. Thayer and unanimously approved.
Mr. Worthing then made the following report regarding the Board
of Equalization:
"The EQUALIZATION BOARD for the City of Delray Beach, Palm
Beach County, Florida, convened Monday, March 14th, 1960, in the
Council Chambers at the City Hall in compliance with Section 86,
Article XVI of the City Charter, following local newspaper Public
Notices of such Annual Meeting to be held having been provided in
accordance with Charter provision contained in said Section
During this scheduled annual meeting of the Equalization Board
NO PROPERTY OWNER appeared before the Board for review of the As-
sessment Valuation of his or her property, and the required period
of time, per Charter provision, for said Equalization Board to
remain in session for the purpose of hearing complaints, if any,
and to revise and/or equalize such assessments, having expired at
the close of business on Wednesday, Ma~ch 16th, 1960, the Council
shall approve all assessments~ as established, and order no change
in values thereafter."
Mr. Campbell moved to approve all assessments as established. The
motion was seconded by Mr. Thayer and unanimously approved.
Mr. C~mpbell co,amended Mr. Worthing on the work he did in the
past in re-assessing the properties in Delray Beach and moved for
a vote of appreciation to him as Acting City Manager, Tax Assessor,
City Clerk and Purchasing Agent for the work that has been done.
Motion was seconded by Mr. Warren and unanimously carried.
Mr. Worthing presented Bills for Approval in the amounts of:
General Fund $ 2~, 053.48
Water Fund-Operating Fund l, 982.50
Mr. Thayer moved that the bills as submitted be approved, seconded
by Mr. Harbison and unanimously ca~ried.
MARCH 21st, 1960.
Mr. Worthing informed the Council of a model resolution from the
Palm Beach County Resources Development Board, which the State Board
of Control would appreciate this council adopting such a resolution.
Mr. Harbison moved for adoption of said resolution urging early
action toward calling for plans for construction and activation of
the proposed State University at Boca Raton.
RESOLUTION NO. 1236.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, URGING
THE STATE BOARD OF CONTROL TO PROCEED
FORTHWITH WITH THE PREPARATION OF DETAILED
AND SPECIFIC PLANS FOR THE CONSTRUCTION AND
ACTIVATION OF A STATE UNIVERSITY AT BOCA
RATON, ~LORIDA.
The motion was seconded by Mr. Warren and unanimously approved.
(Copy of Resolution No. 1236 is attached to and made a
part of the official copy of these minutes)(See Page 75-A)
Mr. Leo Neal of 306 S. W. 10th Street requested that debris in
the street R/W nea~ his home be removed and Mayor Sundy asked the
City Manager to see that this matter is taken care of.
Mr. Edward Scb_midt brought to the attention of the council the
damage to walks and city streets as a result of the recently in-
stalled gas lines, also regarding debris behind chain store buildings
on Sundays.
Mr. Worthing read a letter from Paul Ledridge, Promotion Chair-
man of the Delray Beach ~Board of Realtors, requesting permission
to place Realtor signs at the city approaches. Since an identical
request was presented on March 14th and unanimous action taken as
follows "Mr. Warren moved that any action on this request be de-
ferred at least until the new 5th and 6th Avenue Highways are com-
pleted and see what spaces there are that will be available at
that time." no action was taken on this re-submitted request.
The meeting was adjourned by motion of Mr. Harbison and
seconded by Mm. Thayer at 9:00 P.M.
City Clerk
APPROVED:
MAYOR
BOARD OF AJ~TUSTMEWT RUL~ OF F~OCEDURE
Article 1: GENERAL GOVERNING RUI,~ ~e ~a~d
~Justment (he~ei~fter refe~d to aa the ~d) a~ll be
soverned by the p~vialona of C~pter 176, ~orida Statutee,
the zo~ ordl~oe of the eXty, ~ the ~lea of p~ced~e
set forth herein, ~ ~opted by the ~ ~d approved by
the City Co.lesion. No ~le herein ~11 be o~ed
waived without ~e affi~tXve vote of four aeabere of the
~ ~ the con--nee of the City
ohaX~ ( ~o s~l ~ mot~ o~~ Xn ~e abmenoe of the
o~Zrm~) a~ually Zn t~ month off _~rch . ~e
may ~t muo~d
2. ~e ~X~ (or in hXI ableaee the vXoe-
c~X~) a~ll preai~e at ~1 meetl~a ~ h~l~ of
~ ~ deoX~e ~1 ~lnta of order ~ proeedu~. The
c~~ a~ll ap~Xnt ~ ee~ltteea w~ch ~y be fo~
neoeaa~y, lnoludl~ a oo~lttee for prelXai~y revl~
ap~a.
3. A aeeret~y (~ nee~ ~t ~ a a~r of
the ~ard) sh~l be deal~ted by the ~d. The
s~ll conduct all eor~ea~enee of the ~d; keep a
book reoo~ln~ attendee, the vote of each aember u~n each
question, or If abaent or faill~ to vote, lndieat~
fact; ~ reoo~ of e~lo~ ~ heari~a ~ Other
offlol~.~~; ~ a~ o~ry out auch other offXcXal
dutXes aa ~ ~ ~aX~ by the ~d.
1. ~e ~~ aeetl~ of the ~d a~l be
held the third
~ of the ~nth at ~ P.M. u~esa t~ la
cause for holdl~ auoh acetic. If the~ la ~ be a
meeting, the secretary shall inform the members of the
Board at least 24 hours in advance.
2. SPECIAL ~MEETINGS: May be called by the
chalrman provided that at least 24 hours notice of such
meeting is given each member.
3. A QUORUM: Shall consist of three member8
for the transaction of all business except reversal of
~eci~lo~s of the administrative official and decisions to
allow variance and special exceptions, which shall require
a quorum of four.
4. RF_~RES~'TATION, PERSONAL INTEREST: Neither
the secretary nor any member of the Board shall appear for
or represent any person in any matter pending before the
Board. No Eember of the Board shall hear or vote upon an
appeal in which he is directly or indirectly interested in
a personal or financial way.
5. CONDUCT OF MEETINGS: All meetings shall be
open to the public. The chairman or in his absence the vice-
cn&lrma~, may administer oaths or compel ~he attendance of
witnesses. The order of business at meetings shall be as
follows: (a) roll call; (b) reading of minutes of previous
meetings; (c) reports of committees; (d) unfinished business;
(e) hearing of cases; (f) new business.
6. ADJOU?JIED ~IEETINGS: The Board may adjourn a
regular meeting if all business cannot be disposed of on the day
set, and no further public notice ~hall be necessary for such
a meeting if the time and place of its resumption is stated
at the time of adjournment and is not changed after adjourn-
~t.
Article 1V: VACanCIES: Failure to at~end three reo~lar
meeti]L~s, shall be considered automatic resignation from the
Board, and upon such resignation, resignation by other
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means, or other vacancies occurring in office, the chair-
man shall luform the City Commission as promptly as
possible, so that the City Commission may appoint a re-
placement to fill out the unexpired term.
Article V: APPEALS AD~D APPLICATIONS: ~OTICE O? HEARINGS;
AM.~!'~D~E~r~ OF APPEALS:
1. Appeals to the Board may be taken by any
person affected by any zoning decision of the administrative
official, within 30 days after the decision involved. The
appeal shall be filed in triplicate with the administrative
official on a form provided by the Board of Adjustment, and
all pertinent information required thereon shall be furnished
before the appeal is considered filed.
2.° Upon receipt of the completed form, and pay-
ment of an appeal fee of $25 the administrative official
shall forthwith transmit the original and both copies of
the appeal form to the secretary of the Board, together with
all papers constituting the record upon which the action ap-
pealed from was taken.
3. The secretary shall as promptly as possible
inform the committee for preliminary review concerning the
appeal, and the committee may either discuss the matter with
the applicant if the applicant desires or proceed directly to
order public notice and hearing. If the appeal is withdrawn
before public notice is given, ~15 of the appeal fee shall
be returned to the applicant.
If the applicant elects to withdraw the ap-
peal at this or any other stage before final determination
by the Board, this fact shall be noted on the original and
both copies of the application, with the signature of the ap-
plicant attesting withdrawal. The original shall be retained
by the secretary for the files of the Board, one copy shall be
ret~r~ed to the administrative official and one copy shall be
retur~ed to the applicant.
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4. If the appeal is not withdrawn, the com-
mittee for preliminary review may request the applicant to
provide such additional information, but furnished on the
form, as may be needed to determine the particular case.
(which information shall be provided by the applicant be-
fore decision is made by the Board) and shall instruct the
secretary to proceed with public notlc of a hearing on the
case.
5. The public notice shall be published not
less than five calendar days prior to the hearing in a
newspaper of local circulation, and in addition notice
shall be posted on the premises affected and shall be trans-
mitted to the appellant and such other parties in interest
as the committee for preliminary review shall determine.
The notice shall state the name of the appellant, the
location of the property, the action requested and the
time and place of the hearing.
6. Amendment of an appeal by the applicant may
be permitted at any time prior to or durlug the public
hearing, provided that no such amendment shall be such as
to make the case different from its description in the
notice of public hearing. If amendment is requested by the
applicant after public notice of the heariug has been given,
and such amendment is at variance with the information set
forth in the public notice, the applicant shall pay an
additional fee of $10 to cover amended public notice. If the
amended notice can be published five calendar days prior to
the hearing originally scheduled, the hearing on the
~uended appeal may be held on that date, otherwise the Chair-
man shall announce that the hearing originally scheduled on
the case will be deferred to a future meeting, before which
appropriate public notice will be given, and will state the
reasons for the deferral.
"7'/./.- F
Article Vl: HEARING; REHEARING:
1. An appeal shall be heard within 40 days
from time of filing of the completed application with the
administrative official unless the appeal is withdrawn. If
amended, the amended appeal shall be heard within 40 days
from filing of completed amendment. Appeals will be heard in
order of receipt of applications; amended appeals will have
priority according to date of amendment.
2. At the public hearing, the applicant~r any
other party may appear on his own behalf or be represented by
agent or by attorney.
3. Order of the hearing shall be:
a. Statement of case by Chairman.
b. Bupporting argument by applicant or his
agent or attorney.
c. Supporting arguments by others at the
hearing.
d. Opposing arguments by persons at the
hearing.
e. Rebuttal by those supporting appeal
(other than applicant).
f. Rebuttal by those opposed to appeal.
g. Final rebuttal by applicant.
Witnesses may be called and factual evidence and
exhibits submitted.
The chairman may establish appropriate time limits
for arguments, but such time limits shall be equal for both
~ides. The chairman may request representatives of each side
to speak for the entire group or portions of the group, but
shall not require much representation against the wishes of
the group involved.
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4. Application for rehearing may be made
in the same manner a. the original appeal. Application
for rehearing may be denied by the Board if from the
record it shall appear that there has been no substantial
change in facts, evidence or conditions. However, any
matter not previously reviewed may be heard again on
notion adopted by unanimous vote of all members at a
meeting at which a quorum is present.
Article Vll: DECISIONS: Final decision on appeals
shall be made within 35 calendar days of the last pub-
lication hearing at which it was considered, and shall be
in the form of a resolution. Any resolution reversing any
other order, requirement, decision or determination of the
administrative official or deciding in favor of the ap-
plicant on any special exception or variance, shall require
the concurrin8 vote of four members of the Board. Failure
to pass such resolution shall constitute automatic denial
~i~. ~ppeal.
The resolution shall show the reasons for
the determination made, and if in favor of the applicant shall
set forth any conditions or safeguards required, or any time
limitations prescribed.
Notation concerning the decision shall be
made on the original and both copies of the application. The
ori~inal of the application together with a copy of the
resolution, shall remain in the files of the Board. One copy
of the application, together with a copy of the resolution,
shall be returned to the administrative official. The re-
~alni~g copy of the application together with a copy of the
resolution, shall be returned to the applicant.
These rules of procedure were adopted by the Board of
Adjustment the 12th day of March, 1960
Approved by City Council
ATTEST:
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