12-19-60SpMtg DECEMBER 19, 1960.
A special 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 and
George V. Warren being present.
An opening prayer was delivered by the Rev. Gustave Malmquist.
On motion by Mr. Warren, seconded by Mr. Campbell and unanimously
carried the minutes of the regular meeting of December 12th, 1960
meeting were approved.
Mr. Eugene Constans, who owns business property on North Federal
Highway,wanted to know what possibility there was in asking the
contractor to keep an access to business property during the con-
struction of Federal Highway and was informed by Mayor Sundy that the
city would look into the matter and see what could be done about it.
City Manager Mingle presented reports from the Police Department
regarding the request for a traffic light at East Atlantic Avenue ~nd
Venetian Drive and a street light at N. E. 8th Street and Andrews
Avenue. As a result of a tra~ffic count it was recommended not to
install a traffic light at East Atlantic Avenue and Venetian Drive,
and that since the intersection of N. E. 8th Avenue and Andrews Avenue
is in the County the County Commission should be contacted. Following
discussion it was decided to make another traffic count at Atlantic
Avenue and Venetian Drive in a month or so.
City Manager Mingle gave the following report regarding drainage
at Lanikal:
"in accordance with Council,s instzuctions, I have today met
wlthMr. Calamia, City Engineer and the City Attorney with
regard to the subject drainage facilities.
"The required facilities to carr,y the water from Lanikai to
the drainage outfall system on Shulson Street includes a
manhole on Gleason Street in front of Lanikai, 240 lineal feet
of 18" reinforced concrete pipe running down Gleason to Shulson,
60 lineal feet of 24" reinforced concrete pipe crossing under
Gleason Street to tie into the catch basin on the westerly side
of Gleason.
"Mr. Calamia has tentatively agreed to ~ for the cost of the
catch basin and the 240 lineal feet of pipe. He ~eels,
however, that it is the city's responsibility to provide the
60' of 24".
"Inasmuch as the 24" pipe will be merely reinforcing the
existing system, all present agreed that this seemed a
reasonable compromise.
"The total cost of the construction was estimated to be
$3,4?0. If this suggestion is followed, Mr. Calamia,s
cost will be approximately $2650 and the city's cost $820."
Following comments from Mr. Mic~lberry, who has apartments adjoining
Lanikai, and general discussion, it was moved by Mr. Campbell, sec-
onded by Mr. Harbison and carried unanimously to proceed as outlined
ythe City Manager, the city paying $820. and Mr. Calamia paying
2,650. but not to proceed beyond the study until there is a signed
agreement from Mr. Calamia .or those he represents.
City Manager Mingle introduced Senator Frank J. Lausche, a former
boss for a period of ten Years, who has been Mayor of Cleveland,
Governor of Ohio for five terms and now Senior U. S. Senator from
Ohio. Senator Lausche complimented the Council on their procedure of
operation and tba~d~ed Mayor Sundy and City Manager Mingle for their
courtesy~iand kin~ remarks.
12-19-60
DECEMBER 19, 1960.
City Manager Mingle informed the Council that the functions
of traffic engineering are being transferred from the Police
Department to the City Engineer, and the reason for the re-alignment
of these responsibilities is that the services require engineering
capabilities; also that studies have been made and conferences held
with the departments involved and all a~e in agreement with the
change as outlined.
City Clerk Worthing presented the final plat of Section 1,
Delray Beach Highlands for approval by the Council and informed
them that it had been approved by the Planning/Zoning Board and
the City Engineer; also a surety bond had been provided by the
developer in lieu of providing for immediate installation of all
required improvements. It was moved by Mr. Harbison and seconded
by M~. Warren to approve the final plat of Section 1 of Delray
Beach Highlands. Upon call of roll Mr. Harbison, Mr. Warren and
Mayor Sundy voted in favor of the motion and Mr. Campbell abstained
from voting.
City Clerk Worthing read the following memorandum from Carl
Gessler, Director of Finance, regarding~p'~'rchase of a billing
machine:
"Separate bid proposals for the furnishing of a high speed
billing machine were accepted by the City of Delray Beach on
December 7, 1960, at 10:00 A.M. at which time they were
publicly opened and read aloud.
"Two bids were received as follows:
C o~mpan. ,y Amount De livery, ,D~,t e
National Cash Register Co. $ 6,418.99 March, 1961
Burroughs Corporation 7,0?5.00 Not listed
"I have investigated both machines and witnessed a demon-
stration of each. The National Cash Register machine is
designed strictly for billing purposes. The bills are
manually inserted in the machine and automatically stacked
after billing. There is no movement of the machine, and the
bill is completed in 'one operation after all information has
been inserted by the depression of one key.
"The Burroughs machine is a conversion of their accounting
machine to do billing work. The machine is a carriage-
type machine which must swing to the various billing positions.
Bills must be inserted and removed manually.
"Both machines will do the Job we have programmed. Billing
will now be on a vertical basis instead of horizontal, as is
now being done. However, it is my belief that the National
Cash Register machine will afford a greater capacity for
expansion in the future. At present, both the cities of
Boca Raton and West Palm Beach are using this type of machine
and both are extremely happy with its performance. It is
their belief that this machine affords the greatest produc-
tion output.
"For these reasons, it is my recommendation that the bid be
aw~rded to the lowest responsible b.idder~ the National Cash
Register Company, in the amount of $6,418.89."
It was moved by Mr. Warren, seconded by Mr. Campbell and unanimously
carried that the bid be awarded to the lowest recognized bidder, the
National Cash Register Company.
City Clerk Worthing informed the Council that insurance bids
were opened on December 14th, 1960 at 10:00 A.M. and had been re-
viewed by Carl Gessler, Director of Finance and Carl Amlin, Insurance
Agent of Record for the City, also that it is their recommendation
that the various classes of insurance be awarded to the company whose
bid is underscored on the schedule of bids as presented. (LiSted bids
are attached to and made a part of the official copy of %heSe.munutes)
It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously
carried that the underscored bids be accepted. ~
2 12-19-60
DECEMBER 19, 1960.
City Manager Mingle read the following letter and Resolution
from the Beach Taxpayers League:
"I submit herewith to you a copy of a Resolution unanimously
passed on December 2, 19&O by the Trustees of the Delray
Beach Taxpayers League, and request that this Resolution be
made a part of your records pertaining to a new post office
in De~ay Beach, as well as a branch post office or sub-
station to be established East of the Inland Waterway.
"Although we mention in this Resolution the Town of Gulfstrea~
and the Town of Highland Beach, we do not have, at this time,
any con~irmation from these municipalities and, there£ore, we
are speaking only for the Del~ay Beach Taxpayers League.
/s/ Adgate A. Llpscomb, Pres."
"We favor and support a program for improving and expanding
central Post Office facilities in the City of Delray Beach
(including adequate parking facilities), providing it can
be accomplished on property that is presently zoned commercial,
and we strongly recommend, in addition, the operation of a
branch Post Office of Sub Station East of the Intercoastal
Canal in the City of Del~ay Beach to serve the community there
and in neighboring City of Gulfstream and Highland Beach."
It was moved by M~. Warren, seconded by M~. Harbison and unanimously
ca, tied that said letter and resolution be put on record in the
minutes of this meeting.
City Manager Mingle read th® following letter from the Resources
Development Board of Palm Beach County, dated December 13th and signed
by Art Keil, Manager:
"The Resources Development Board is cooperating with the County
Commission in a study of beach protection and beach acquisition
questions in an effort to determine whether or not the RDB shall
assume responsibility for preparation of a comprehensive program
and necessary legislation.
"At the suggestion of the RDB Board of Directors the County
Commission has agreed to seek the answers to several major
questions, namely: (1) Survey of possible sites for acquisition
of beach properties, estimated costs and feasibility of financing;
(2) Determination of attitudes of municipal ~overnments involved
· and reports of municipal protection work and/or plans; (3)
Preliminary survey of attitude of private owners toward assumption
of protection costs.
"The County, as you know, has employed ~r. W. Turner Wallis to
make these surveys, and the RDB Erosion Committee is cooperating
fully with ~ir. Nallis.
"At its meeting December 8 the Board of Directors voted to request
the governing bodies of the municipalities most directly affected,
to appoint two men from the official family, (either board members
or executives) to represent the municipality in this endeavor.
"The Resources Development Board is not committed to any course
of action except fact finding pending completion of the surveys
and your municipal government is not being asked to do any more
than that at present.
"We believe this project is one of the most important of current
County problems and we hope we may have your cooperation in seek-
ing a reasonable solution. With thanks for your many past
courtesies, I am."
It was moved by Mr. Campbell, seconded by Mr. Harbison and unanimously
carried that Mr. Garner mhd Mr. Ewing, members of the Resources Develop-
ment Board, be asked to .represent Delray Beach in this matter.
3 12-19-60
DECEMBER 19, 1960.
A request from Mr. & Mrs. Frank Paul Wolfe was presented re-
garding the transfer of a beer license, consumption on the premises,
in their name and operating as the Dells Restaurant, from 900 South
Federal to 7 South Federal Highway. It was moved by Mr. Harbison,
seconded by Mr. Warren and unanimously carried that said request be
granted.
Resolution No. 1299, adopted by the Council on December 5th,
which declared certain lands within the City to constitute a
nuisance in violation of Chapter 15 of the code provided for a
public hearing to be held at this time for the purpose of allowing
owners of properties listed therein to show cause, if any they can,
why such nuisances should not be abated. There being no objections
to Resolution No. 1299, Mr. Worthing read RESOLUTION NO. 1304.
A RESOLUTION OF TEE CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUIRING OWNERS OF CERTAIN
DESCRIBED LANDS TO ABATE NUISANCES THEREON
OR BE ASSESSED COST THEREOF FOR ABATEMENT
BY THE CITY.
(Copy of Resolution No~ 1304 is attached to and made a part of the
official copy of these minutes.)(~~
It was moved by Mr. Campbell, seconded by Mr. Harbison and unani-
mously ca~ried that Resolution No. 1304 be adopted.
Mr. Worthing read ORDINANCE NO. G-381.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 29-15 OF THE CITY CODE OF ORDINANCES
PERTAINING TO THE PARKING OF TRAILERS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it in the best interests of the residents of the City that
Section 29-15 of the City Code of Ordinances pertaining to the
parking of trailers be amended,
NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 29-15 of the Code of Ordinances of the
City of Delray Beach, Florida, be amended to read as follows:
(1) "No automobile trailer, vehicle or conveyance equipped
to travel upon the public highways not self-propelled, that is
used either temporary or permanently as a residence, or a home or
apartment or other hoUsing accommodations shall be kept within the
city for more than two hours unless such vehicle is kept in an
enclosed garage, or unless such vehicle is detained because of
circumstances beyond the control of the operator; and further pro-
vided that no automobile trailer, vehicle or conveyance, as de-
scribed above, equipped to travel on the public highways shall be
kept or parked on Ocean Boulevard of the city from the South city
limits to the north city limits for more than thirty minutes unless
such vehicle is parked there due to circumstances beyond the control
of the operator.
(2) No automobile trailer or conveyance, as defined in para-
graph one herein, shall be used by anyone to house night watchmen
or in any manner as living quarters.
(3) No automobile trailer or conveyance, as defined in para-
graph one, shall .be parked at any time on a public right-of-way,
except as permitted in paragraph one herein.
(4) An automobile trailer, as defined in paragraph one herein,
may be used by a General Contractor in connection with a project
when said trailer is equipped and used as a field office, providing
the General Contractor obtains a permit from the City Clerk for such
use, the period of time covered by the permit beginning five days
fore actual construction is begun and ending five days after the
construction is completed, it being understood that the construction
will be completed in a reasonable length of time."
4 ~ ~. 12-19-60
DECEMBER 19, 1960.
Following general discussion it was moved by Mr. Campbell and
seconded by Mr. Harbison that Ordinance No. G-381 be placed on first
reading. Upon call of roll Mr. Campbell, Mr. Harbison and Mayor
Sundy voted in favor of the motion, Mr. Warren being opposed.
Oity Manager Mingle presented bills for approval As follows:
General Fund $ 262,663.58
~ater Fund - Operating Fund 2,110.22
It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously
carried that the bills be paid.
Mr. Worthing informed the Council that the lease on the Planning/
Zoning Board office expires in a few days and that it is possible to
continue using that office at the heretofore monthly rental, on a
month to month basis, until the new city hall is ready for occupancy,
and requested authorization for mufficient funds from unappropriated
surplua to cover such rental. It was so moved bY Mr. Campbell, se-
conded by Mr. Warren and unanimously carried.
Mr. Harbison reported that the committee to study purchasing
p~ocedure had met and studied the subject quite extensivgly and
planned to have an ordinance prepared to present to the Council in
the near future.
The meeting adjourned at 9:30 P.M. on motion by Mr. Campbell.
R... D,,. WORTHING
City 61~ 'k
APPM0~ED:
MAYOR
5 12-19-60
DECEMBER 19, 1960.
RESOLUTION NO. 1304.
A RESOLUTION OF THE CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUIRING O~.~ERS OF CERTAIN
DESCRIBED LANDS TO ABATE NUISANCES THEREON
OR BE ASSESSED COST THEREOF FOR ABATEMENT
BY THE CITY.
WHEREAS, the City Council did, in regular session held
on the 5th day of December, 1960, enact Resolution No. 1299, de-
claring the existence of a nuisance upon certain lots or parcels
of land for violation of Chapter 15 of the City Code and Ordinance
-147, and
WHEREAS, pursuant to said Resolution, the City Clerk of
the City of Delray Beach, Florida, did furnish owners of the lands
therein declared nuisances with notice that the City Council would
sit on December 19th, 1960 at 8:00 P.M., at the City Hall in Delray
Beach, Florida, for the purpose of allowing said owners to show
cause, if any, why said nuisance described in said resolution should
not be abated; and
WHEREAS, pursuant to said Resolution, the City Council
of the City of Delray Beach, Florida, did on December 19th, 1960
at 8:00 P.M., at the City Hall in Delray Beach, Florida, hold the
hearing provided for in such notice, and did consider such reasons
and facts as were presented by the owners of said lands, and such
other material and pertinent evidence as was adduced before it.
NOW, THEREFORE, BE IT RESOLVED that the existence of a
nuisance for the reasons hereinafter set forth, be and the same is
hereby adjudged upon the following lands in the City of Delray
Beach, Florida, to-wit:
O~WNER _ADDRESS LOT ,BLOCK & S/D: .cITY...COPE
L~cile J.& Valerie P.O. Box ~1~ W 100t of E ~ of
S. Nichols Delray Beach, Fla. S~ of S~ of S~ of Lot
6, Section 8-_~6-43 1
less N 25' R/W.
Cornelia R.Thompson '1404 N.Swinton Ave. W 75' of S~ of NE¼ of
Delray Beach, Fla. Lot 7, Section 8-46-43,
less W 200' & less
E 33' R/W. 3~
John & Caroline 109 N. E. 8th St. South vacant part of
Van Ballegoolen Delvay Beach, Fla. S 150' lying East of
F.E.C.RR,,Block 80
John & Charlotte 703 S. E. 9th St. Lot 2~, Block 4,
Kiel Delray Beach, Fla. Rio Del Rey Shores
Oscar B. Sabin P.O. Box 93 Lots 38 & 39, Block 7,
Tavernier, Florida 0sceola Park
Florence A.Brown Candlewood Isle Lots 16 & 17,Block 13,
New Fairfield, Conn. 0sceola Park 4
Tillie Goldberg 7401 W.Eight Mile Rd. Lots 18 & 19,Block 13,
Detroit 21, Mich. 0sceola Park
Richard W. & Anna 711 Shore Drive Lots 9 & 11, Block 1,
E. Nelson Boynton Beach, Fla. Seagate Extension
NATL~E OF NUISANCE SPECIFIED: "3" There a~e trees,
debris, or vegetation, which by reason of height, proximity to
neighboring structures or physical conditions are hurricane
hazards. "4" Ail lands in the City shall be kept free from
weeds of a height exceeding eighteen inches. The .word weeds as
used herein shall be held to include all rank vegetable growth
which exhale obnoxious or unpleasant odors, or which might be a
source of disease or physical distress to human beings, and the
word shall also be deemed to include all high and rank vegetable
growth that may conceal pools of water, trash, filth or any other
deposits which may be detrimental to health. The existeanc of any
s~ch weeds is hereby declared to be a nuisance.
AND, BE IT FURTHER RESOLVED that the City Clerk of the
City of Delray Beach, Florida, furnish owners of the lands herein-
above listed and described with a copy of this resolution at their
last available address within ten (10) days from the date this
Resolution is adopted.
AND, BE IT FURTHER RESOLVED that said owners be and they
are hereby notified that they are required to abate the nuisance
hereinabove adjudged and specified within thirty (30) days from the
receipt of a copy of this Resolution; otherwise, in default thereof,
the City of De,ray Beach, Florida, will enter upon said lands and
abate the said nuisance hereinabove specified and will levy the
cost of such work as an assessment against the property hereinabove
described.
PASSED AND ADOPTED in regular session on this the 19th
day of December, 1960.
/
~ MAYOR
ATTEST:
City Clerk