10-03-60 OCTOBER 3, 1960.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M. with Mayor Glenn B. Sundy in
the chair, City Manager George Mingle, City Attorney Richard F.
Zimmerman and Councilmen Dugal G. Campbell, Charles H. Harbison,
John A. ~hayer and George V. Warren Being present.
An opening prayer was delivered by the Rev. Stewart H. Austin.
On motion by Mr. Harbison, seconded by Mr. Warren and unani-
mously carried the minutes of the regular meeting of September 26,
1960 and the special meeting of September 29, 1960 were approved.
Mr. Charles Bliel of 130 S. W. 24th Avenue, as a member of the
P.T.A. and an interested citizen, informed the Council that the
Parent Teachers Association refuses to put on the usual children's
Halloween Jamboree this year and in the future, at the usual Delray
Elementary School location, on account of faulty electric wiring and
insurance and asked if the City feels it is reasonable enough to help
in making available the grounds behind the Fire Station for this
Jamboree and with the help of the City Recreational Director. Mr.
Campbell suggested, since the ground north of the fire station is
rather torn up at this time, that if Mr. Bliel could get the P.T.A.
to get into the picture he would made a field south of Atlantic
Avenue and almost south of the Fire Station available for the
Jamboree.. Mr. Harbison moved to refer this item to the Recreational
Director and have some action at the next regular meeting. The
motion was seconded by Mr. Campbell and 0arried unanimously.
Mr. Richard P. Moody of 1005 S. W. 8th Street, Mr. Elston Kussler
of 731 $. W. 10th Avenue and Mr. Wm.' Kussler, Sr., of 828 S. O. llth
Avenue made complaints about the water and drainage situation in the
Southwest part of town due to the recent abnormal rains and were
informed by the Council and the City Manager that everything possible
is being done at this time to relieve and correct the situation and
that a fogging machine has been ordered and would soon be in opera-
tion to help relieve the nuisance of mosquitoes.
Mr. Flemin~ stated that since Council authorization on September
26th to have an engineering survey made in the Southwest section of
the City that he had an engineer here from Brockway& Weber working
on this matter also that he would use a chemical in the Southwest
part of town in an endeavor to eliminate the unpleasant odor caused
by the water and drainage situation.
It was moved by Mr. Harbison, seconded by Mr. Thayer and carried
unanimously to 'grant the requested transfer of beer license, con-
sumption on the premises, from Evans Sandwich Shop to Mr. Raymond
Blakely at 505 N. W. 5th Avenue.
It was moved by Mr. Thayer, seconded by Mr. Campbell and unani-
mously carried that the Mayor be authorized to execute the Procla-
mation, read by Mr. Worthing, regarding United Nations Day on
October 24th.
Mr. Worthing informed the Council that on September 14th, 1960
the City Manager wrote to the Board of County Commissioners of Palm
Beach County and to our neighboring towns suggesting the forming of
a committee to study refuse disposal matters for Southern Palm Beach
County and has had letters from Boynton Beach and Boca Raton of their
interest and appointment of committee members, and from Gulf Stream
and Deerfield Beach indicating their interest. Mayor Sundy said that
he believes there is a tentative plan for a meeting about the middle
of the month and at that time there would probably be some permanent
committees appointed and that City Manager Mingle, Director of Public
Works Fleming and himself would represent Delray Beach at this first
meeting.
OCTOBt~ 3, 1960.
Action on the request to move a frame building from Lot 18,
Block 107 to Maggie Rolls S/D was deferred by the Council on
September 26th until tonight in order that the Council and other
interested parties might inspect the plans concerning the remodeling
of the building. Following discussion it was moved by Mr. Harblson,
seconded by M~. Thayer and carried unanimously that since this build-
ing meets all the city requirements and standards that the request
be granted.
Mr. Worthing read the following letter from the Life Under-
writers Association of the Palm Beaches, Inc., dated September 21,
1960.
"In the past week I have had a number of calls from members
of the Life Underwriters Association asking me if we could
help them with a problem which has come up in the Delray
Beach area. The problem is this: Due to an ordinance or
law which is being inforced now, The Life Insurance Agents
have to leave their debits at sundown, or between 6:00 and
6:30 PM. In due respect to you~ regulations, knowing that
they are imposed for a good reason, do you think that a
solution could be worked out ~hich would releave this hard-
ship for these men that really do a g~eat social service
for your community and mine? I believe that you will find
that these authorized salesmen, in most cases, work by appoint-
ment and also service many policyholders who work all day and
who need to be seen after they get home from work.
"Just as a passi_ng thought, would you consider moving the
time up to say 8:00 PM or 8:30 PM. I feel sure that this
would relieve the situation greatly.
"If it would help in anyway for me to come to Delray and
discuss this before you, I would be more than happy to do
so. Anyway that we can help, at an associational level to
improve problems that arise, we will be more than glad to
cooperate with you.
/s/ Winston A. Dodge, President"
Mm. Worthing informed the Council that over the past ten or
more years, in accordance with Section 18-14 of the Code of 0rdi-
nances "that no solicitors shall apply his trade as defined in
Section 18-1 hereof except during daylight hours and it shall be
unlawful to solicit at any time other than during daylight hours,,
it has been the procedure of the License Department and. the Police
Department to apply that to everyone; however, it is the opinion
of the License Department that the functions of insurance agents
and adjusters and activities of similar nature do not fall within
the explanation of "definitions" (Sec. 18-1) of a solicitor, and
therefore requests that the Council approve such interpretation,
subject to concurrence by the City Attorney, and not confine the
efforts of such functions to daylight hours. Following discussion
Mr. Campbell moved that Mr. Worthing be authorized to reply to this
letter that the insurance people would be within their rights to
make these calls until 9:00 P.M. from Monday thru Friday and until
10:30 P.M. on Saturday according to the Code of Ordinances, (Sec.
17-34). The motion was seconded by Hr. Thayer and carried unani-
mously. Mr. Winston A. Dodge, President of the Life Underwriters
Association of the Palm Beaches, Inc., thanked the Council for
their consideration in working out this problem for the insurance
men.
Mr. Worthing infox,med the Council that representatives from the
County Board of Health have been in the City recently with regard to
the new County Ordinance concerning the requirements for operation
of nurseries and that the following signed petition had been re-
ceived concerning same:
"8omo nurseries have already closed and others are facing
the necessity of closing within a short period of time,
due to the County Llcenseing Code for nurseries. This will
leave no place for the working mother in De]may Beach to
leave her children. This creates a hardship on families
which are dependent on this income and also works a hard-
ship on employers where mothers are forced to quit without -.
sufficient notice. We are asking the City Council,s help
in two things: 2
OCTOBER 3 · 1960.
"(1) We want the City Council to intercede with the proper
authorities to get an extension, of time until existing
nurseries can conform or until a nursery can be built
that will conform as a suitable place to stay.
"(2) We want. the City Council to study the existing County
Code to determine if it is a reasonable code, since
there will be~ a large number of sms~ll nurseries which
will have to stay closed due to the strict requirements
of the County."
There followed lengthy discussion also explanations by Mr. Dick
M~rphy an employee, and Mr. Joseph C. Alvarez Chief Sanitarian, of
the County Health Degartment, who ansWered several questions from
individuals in the audience as well as informing the Council of
the Health Board's desire to aid all operators of nurseries and
child care homes in affecting any.needed changes in order to comply
with the County's new regulations. Mr. Alvarez further assured all
concerned that ample time, in so far as reasonable, would be allo~ed
property owners to effect such needed alterations or additions.
Mr. Worthing informed the Council that an application had been
received to transfer the Liquor License for the Continental Restau-
rant at 312 South Federal Highway to Mr. Rene Maurice Chardain who
has been investigated and approved by the State Beverage Department
and Stetson O. Sproull Palm Beach County Tax Collectors Office. It
was moved by Mr. Thayer, seconded by Mr. Campbell and carried unani-
mously to approve the transfer of said liquor license to Mr. Chardain.
There was lengthy discussion regarding the proposed ordinance
concerning the parking of trailers within the City and Mr. Campbell
moved that the City Attorney be requested to prepare an ordinance
for Counicl consideration covering only the one use, a house trailer
or mobile home to be used for an office in connection with a con-
struction or engineering project within the city limits for a limited
~ime, and definitely not to be used as living quarters. The motion
was seconded by Mr. Harbison and upon call of roll Mr. Campbell, Mr.
Harbison, Mr. Thayer and Mayor Sundy voted in favor of the motion,
Mr. Warren being opposed.
On September 26th the Council requested the City Engineer to
prepare a report on the alleys in Block 100 and his report is as
follows:
"In accordance with the request of the City Council that an
engineering study be made of the possibility of draining and
paving the alley running East and West between NE 4th Avenue
and NE 5th Avenue Just North of Atlantic Avenue, and also the
alley running North and South from the center of the above
mentioned alleyway, please be advised as follows:
"The only possible method of draining this area is by paving
the portion of the alley which runs North and South from the
existing alley to NE 1st Street and installing a catch basin
and an 18" pipe in the center of this alley, approximately
315' south of the centerline of 1st Street, The East-West
portion of the alley would then be re-sloped to drain to
the intersection of the two alleys, and the North-South
section of the alley would be paved with an inverted crown
which would car~y the water down the centerline of the alley
to the proposed catch basin. Estimated cost of the above
work is approximately $4,800. This includes both paving
and drainage on the North-South portion of the alleyway which
has never been previously opened and should be partly assessed
against property owners."
Mr. Warren moved that the East-West alley in Block 100 be graded and
paved on the basis of the City of Delray Beach paying 50% of the cost
and the abutting property owners paying 50% of the cost; also that
the North-South Alley in Block 100 be opened, graded and paved on
the basis of the C_it2 paying 20% of the cost and the abutting proper-
ty owners paying 80%of the cost and that the drainage Of said block
3
OCTOBER 3, 1960.
Be assessed on a 100% basis 'to the benefited.p~operties and for all
speed to get it completed. The motion was seconded by Mr. Campbell
and c'a~ried unanimously,
· <Mr'. Worthing stated that -the City Manager would like to inform
the Council and all othe~-s interested that he has this day been ad-
vised that the District Court Of Appeals denied the petition for re-
hearing in the case of Delray Beach vs. the T~own of Ocean Ridge and
further has been handed a certified copy of Ordinance No. 113 of the
Town of..0cean Ridge which provides for annexation of Lot 1~, Block
A, Palm Beach Shore Acres being the Delray Beach Municipal Beach,
which Ordinance was passed and adopted on Second and final reading
by the Town Commission of the Town of Ocean Ridge on Saturday,
October. 1, 1960.
On motion by Mr. Campbell, seconded by Mr. Warren and unani-
mously carried Mr. Edwin H. Ewing was reappointed as a member of
the ResoUrces Development Board of Palm Beach County.
City Manager Mingle presented bills for approval in the amounts
of:
~eneral Fund $ 186,480.18
Water Fund - Operating Fund 39,582.63
~eneral Fund - Sinking Fund 53.33
Special Assessment Fund 9,827,43
Refundable Deposits Fund 1,936.42
Improvement Fund 13,4~2.50
Beach Disaster Fund 507.26
It was moved by Mr. Thayer, seconded by Mr. Harbison and unanimously
carried that the bills be paid.
Upon question Mr. Fleming informed the Council that he had
contacted C. T. Stockton, Inc. about the dust on Atlantic Avenue
from the construction on 5th Avenue and was advised that probably
by Tuesday evening they would be up to Atlantic Avenue with the
spreading of rock which would eliminate the greater part of the
dust problem, also that the street sweeper works each morning
to clean Atlantic Avenue in both directions from 5th Avenue.
Regarding Council action to appoint a special committee of
interested citizens to advise, etc.~ Mr. Campbell asked that the
City Clerk read a letter that he had received concerning same.
(copy of letter attached to and 'made a part of these minutes.)
Mr. Campbell moved that Mr. Ward Robinson be invited to .a special
meeting with the Council and City ~Manager for discussion in detail
of the recommendations that have been made in said letter. The
mo$ion was seconded by Mr. Harbison and carried unanimously.
(See pa~es ~.62-e thru 262-c for copy of letter)
The meeting was adjourned at 10:00 P.M. by motion of Mr.
Ha~bison and seconded by Mr. Warren.
City Clerk
APPROVED:
MAYOR
4