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02-16-38 Adjourned Regular 858 COUNCIL CHAMBER February 16. 1938 ( 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. ,. 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 ~--- . 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 859 ~i-: 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 I 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 . , 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 860 J\c" 861 COUNCIL ClL"lMBER - February 16, 1938 I , '. -t 1 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. ". ~. (1 ., !- f 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. 862 OOUNCIL CHAMBER - February 16, 1938 5. DUMPING. 'C-- 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. I , 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 .' r 863 COUNCIL CHAMBER - February 16, 1938 ,'- 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. ( , h4.Q (sttf~{~ C y C er ,\ APPROVED: ~\f.&~ \("