02-16-38 Adjourned Regular
858
COUNCIL CHAMBER
February 16. 1938
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The Council met in adjourned regular
sessiOn at 7:30 P.M. for the purpose of reviewing.
and passing on its first reading. the newly prepared
zoning ordinance; and taking up other items of
current business. The City Attorney and following
members were present: Mr. Gwynn. Mr. Hall. Mr. Hill
and Mr. WOdischek. Mayor Foote was absent.
Howard Cromer appeared at the meeting request-
ing further advice from the Council in regard to
jettying of piling at the yacht basin dock. it bei.ng
the opinion of some of the Councilmen that it would
be imposSible to sink the piling to a sufficient
depth to hold. Mr. Cromer stated the Mayor also
recommended that the pile be driven instead. of jettied.
It was finally advised by the Council that before
proceeding with this work Mr. Cromer and Paul Nicolls
sound the basin in order to determine whether there
was sufficient dirt to hold the piling. and if so.
that the same be jetted down. otherwise that the
entire scheme be abandoned.
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The matter of zoning was then brought up, and
in reference to this. the City Attorney pointed out
that in order to comply with charter requirements,
it was necessary t hat citizens be notified and a
public hearing held. before any such passage of a
zoning ordinance. It was therefore moved by Mr.
Wodischek that "The comprehensive plan for the zoning
of the City of Delray Beach, P1orida" as prepared
by a special committee of citizens, whioh plan con-
sists of a complete zoning ordinanoe and map showing
zoned area. be aocepted by the City Council and filed
with the City Clerk. The motion was seconded by
Mr. Gwynn and unanimously carried.
It was further moved by Mr. Wodischek that
a notice be published for two successive weeks in
the Delray Beach News. a newspaper of general cir-
culation in the CitYi said notice being as follows:
NOTICE OF PUBLIC HEARING ON
PROPOSED ZONING ORDINANCE
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Notice here hereby given that a"Com-
prehensive Plan for the Zoning of the
City of Delray Beach. Florida" has
been filed with the City Council; said
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COUNCIL CHAMBER - February 16. 1938
plan for zoning the City. consisting
of a complete zoning ordinance and map.
The proposed zoning ordinance and map
is now on file with the City Clerk. at
the City Hall and is open for inspect-
ion and examination by the Public.
The City Council will sit in special
session at 7:30 P.M. March 7. 1938
for the purpose of hearing any person who
desires to be .heard. for or against
the adoption of said proposed zoning
ordinance by the City Council.
C.W. HILL,
Vice-Mayor
The motion was seconded by Mr. Gwynn and
carried unanimously.
It was moved by Mr. Hall. that Howard
Cromer be designated and referred to as Asst.
Supt. of Public Works and Utilities. Mr. Gwynn
seoonded the motion, and on roll call the vote
was unanimous and same was declared carried.
A discussion arose in regard to the signs
to be erected on the Beach, the Clerk reporting
that bids for these had been misconstrued and
that the price of $75.60 tor reflector buttons was
in addition to the cost of painting the signs
which had been quoted at approximately $41.00.
It was finally moved by Mr. Wodischek that the
reflector button feature be dispensed-with and signs
be ordered of 4'x8' dimensions. painted with the
words "One Mile of Delray 6ity Beach". Mr. Gwynn
seconded the motion. which carried unanimously.
The Chairman of the sanitation Committee
presented certain recommendations in connection
wi th disposal and collection of garbage by the t;\'r'"
trucks, stating that heretofore no regulations
had been established in regard to same. It was
moved by Mr. Wodischek that the following be adopted
as regulations by the Sanitary Department of the
City in connection with garbage and trash collection.
REGULATIONS FOR THE dOLLECTION AND
DISPOSAL OF GARBAGE TRASH AND REFUSE
CITY OF DELRAY BEACH, FLORIDA
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COUNCIL CHAMBER - February 16, 1938
1. RESIDENTIAL
The Sanitary Department will collect
garbage and ordinary household trash,
refuse and waste, only when deposited
in an unleaking metal container having
a tight-fitting cover which shall be
kept on the container, said container
being placed where reasonably acoess-
ible without notice not more than
135 feet from a paved roadway whereon
the collecting truck may be driven.
Magazines, newspapers, and large
cartons and boxes need not be placed
in the container if kept dry and in
neat staoks or packages. No ashes, pla-
ster, stone or building material of
any kind shall be placed in the gar-
bage containers, nOr will these mat-
erials be collected or removed by
the Sanitary Department. Discarded
mechanioal equipment or furniture will
be removed if placed within 10 feet
of the paved roadway.
2. COMMERCIAL
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The Sanitary Department will collect
garbage and refuse from garages, stores,
hotels, and apartment houses of more
than 2 apartments, under the same
regulations as for residences, except
that separate containers shall be
provided, in the one to be placed gar-
bage, cans and bottles, and in the
seoond all waste and refuse of a dry
and in~mible nature. Hampers and light
barrels are not approved of, but will
be permitted as oontainers for waste
paper and other dry materials, provided
such permitted containers are kept in
a proper housing which will keep the
waste dry and prevent scattering by wind.
Large cartons, paper boxes, etc. need
not be placed in a container, but will
be pioked up as units if kept dry and
neatly stacked and protected from
scattering. Wooden boxes, packing oases,
crates, hampers, and large containers
such as jugs, and.can~, need not be
housed, but may be neatly stacked where
conveniently acc~ssible to the colleot-
ing truok. In no case shall any trash
or refuse be plaoed or kept in suoh manner
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861
COUNCIL ClL"lMBER - February 16, 1938
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as to constitute a fire hazard. In
the business distriot trash may be burned
only by special permission of the Sanit-
ary Department and with the approval
Of the Fire Department. Housings for
oontainers shall be kept in a neat and
sanitary condition, and lids shall be
kept on garbage cans. Housings shall
be kept locked when the store or
business using same is closed, and if
not kept locked at other times, the owner
shall be responsible for any scattering
of trash or garbage.
3. WEEDS, PRUNINGS, FRONDS, etc.
The Sanitary Department will remove
ordinary quantities of palm fronds, tree
and shrubbery prunings, and dry grass
and weeds resulting from the care and
cleaning of improved lots, and palm
fronds from unimproved lots, when such
material is deposited on the lot at the
inner edge of the sidewalk, or at the
edge of the paved roadway where there is
no paved sidewalk, provided suoh material
is piled neatly, palm fronds and brush
being kept separate from materials which
can be handled by pitchQfotk. No
paper or refuse of any kind shall be
mixed or placed with this material.
To relieve the heavily burdened colleot-
ion service, owners of large lots pro-
ducing considerably quantities of material
of this nature are requested to burn
same when this can be done with safety
and without annoyance to others, in such
manner as the Fire Department may direot.
4. GENERAL.
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Garbage, waste and trash will be re-
"moved by the Sanitary Department ONLY
when these Regulations are oomplied with;
otherwise disposal must be made by the
owner. Failure to dispose of garbage
and refuse in a sanitary manner, either
by availing of the Pity's oolleotion
service, or personally, renders an,;
person subjeot to prosecution, with
penalty of fine and/or imprisonment.
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OOUNCIL CHAMBER - February 16, 1938
5. DUMPING.
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It is unlawful to dump or deposit
trash, garbage or refuse of any kind
anywhere within the City limits,
whether upon the owner's property or
another's, except upon the City dump,
and there only in such spot and in
such manner as may be officially directed.
Mr. Gwyn~secondedthe motion, which carried unanim-
ously. It was further moved, seconded and carried
tha t theuCi ty Clerk be instructed to have said
regulations printed and copies mailed to all res-
idents and businews houses in town.
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It was moved by Mr. Hall, that in view of
the extremely dangerous condition existing on N.E.
1st Street between 5th and 6th avenues, due to
heavy traffic and the narrow roadway, that the
Ci ty Clerk communicate with the owner of Lot le.
Block 107, requesting that he immediately build
a sidewalk along the South side of said lot,on
N.E. First Street, informing him that in case
requested street improvements are not made by the
property owner, the City has full authority to
have the work done, assessing all costs against
abutting property, which assessments become a lien
upon said property. That it is, however, the
desire of the City that such work be done by the
individual owner, as it saves him the additional
costs of advertising and legal procedure. Mr.
Wodischek seconded the motion, which carried un-
animously.
A long discussion was entered into in
regard to the City's garbage dump, Mr. Hall report-
ing that the surrounding area was in an unsightly
mess. It was finally moved, seconded and carried
that the Chairman of the Sanitary Committee invest-
igate the condition and see if Mr. Baker's orew
couldn't do something towards cleaning it up.
It was further moved and oarried that a set of
stencils be ordered and "No Dumping" signs be
painted and erected in that vicinity, it being oon-
tended that the area was being used for a dumpi~.<.>.".w.,
ground by residents and property owners outside the
City 11mi ts.
Mr. Hall stated that in the financial set-
up of the City, each department should be, as far
as pOssible, self-sustaining, and sinoe most of
the cleanup work and heaviest garbage collection
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COUNCIL CHAMBER - February 16, 1938
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was during the Winter months, it seemed only fair
to make a nominal charge for garbage and trash
removal. He reasoned that demands of the fast-
growing town would necessitate finding a souroe
for operating revenue in the near future and
considered this would be an equitable charge for
service rendered, and would go a long way towards
~he operation of the Sanitary Department. It was
recommended by the other members that Mr. Hall
work out a scale of charges and a feasible method
of collection, for this service, along the lines
suggested, and present same for the Council's con-
sideration.
The question of adopting a workable "It-
inerant Marchantsff ordinance was also brought up
and discussed, and the City Attorney was instructed
to draft such an ordinance based on a reasonable
bond requirement, to be submitted for the Council's
approval.
It was moved, seoonded and carried that
bills numbered 2674 to 2746, having been O.K'd by
the Finanoe Committee be returned to the Counoil
and ordered paid.
Council regularly adjourned.
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APPROVED:
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